Pubdate: Sat, 11 May 2002
Source: Dispatch, The (NC)
Copyright: 2002, The Lexington Dispatch
Contact:  http://www.the-dispatch.com/
Details: http://www.mapinc.org/media/1583
Author: WILLIAM KEESLER
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption)

EX-OFFICERS' ACTIONS RESULT IN LAWSUIT

GREENSBORO - One of more than 30 defendants who had charges against them 
dismissed because of the federal indictments against three Davidson County 
narcotics officers has filed suit against Sheriff Gerald Hege, two deputies 
and the county.

The lawsuit, filed in U.S. District Court in Greensboro, appears to be the 
first resulting from the legal problems of former deputies Scott Woodall, 
Doug Westmoreland and Billy Rankin.

County officials worry that more lawsuits will follow.

Salisbury resident Richard Hailey Jr. alleges in the new lawsuit that 
deputies in several vehicles stopped him at a truck stop on Interstate 85 
on Aug. 2, 2001, after he became uncomfortable and tried to leave a meeting 
set up by a sheriff's office informant for a drug buy.

Hailey, 22, represented by Greensboro lawyer Romallus O. Murphy, alleges 
that Westmoreland beat him up, causing injuries requiring hospital 
treatment and leaving him physically scarred, and that Anthony Dale Porter, 
a second deputy, did nothing to stop the beating.

He alleges that deputies searched and tore apart his vehicle and "left the 
vehicle in its torn condition."

And he alleges that Westmoreland and Porter, "with malice and corruption," 
charged him falsely with assaulting them as government officers and 
possessing cocaine.

"At the time the officers advanced the false charges, they knew the same 
were not true but conspired to tell falsehoods to justify the illegal acts 
they were engaged in," the lawsuit contends.

The lawsuit further accuses Sheriff Hege of "deliberate indifference, gross 
negligence and/or reckless disregard" for Hailey's safety, security and 
constitutional and statutory rights.

The suit contends that Hege failed to adequately train and control his 
officers "in the law of arrest, search and seizures and treatment of 
citizens," failed to establish a policy for treating arrested suspects, and 
condoned and encouraged his officers "in the improper use of excessive 
force toward members of the public."

The action seeks more than $10,000 in compensatory and punitive damages for 
malicious prosecution and violation of Hailey's Fourth and 14th Amendment 
protections against unreasonable search and seizure and against arrest 
without probable cause.

The sheriff's office referred questions about the lawsuit to County 
Attorney Stephen "Bit" Holton.

Holton said he was not ready to comment on the substance of the action.

"I'm investigating the allegations," Holton said. "I've got a lot of people 
I've got to meet with on this one."

This past December, a federal grand jury indicted Woodall, Westmoreland, 
Rankin, Archdale police Sgt. Christopher Shetley and two Lexington area 
residents, Marco Aurelio Acosta-Soza and Wyatt Kepley, on charges of 
conspiring to distribute cocaine, marijuana, steroids and Ecstasy.

Federal court documents also accused the law enforcement officers of 
abusing their authority in one or more ways, including writing fake search 
warrants, planting evidence and fabricating charges, keeping drugs and 
money seized during arrests, attempting to extort more money from the 
people arrested, and intimidating suspects and potential witnesses.

The officers have all resigned or been fired. All six defendants have 
entered guilty pleas and await sentencing.

First Lt. Woodall headed the narcotics unit for the sheriff's office. Lt. 
Westmoreland and Sgt. Rankin were two of his top officers. And Acosta-Soza, 
according to federal court documents, served as their informant.

After the federal indictments, District Attorney Garry Frank dismissed a 
total of about 70 state felony and misdemeanor charges against more than 30 
defendants who were arrested by the charged officers. Hailey is one of 
those defendants.

The sheriff's office filed a series of charges against Hailey in the Aug. 
2, 2001, incident - resisting a public officer, failure to heed light or 
siren, assault on a government official, possession of 0.4 grams of 
cocaine, possession with intent to sell or deliver cocaine, and maintaining 
a place - a 2000 Ford Explorer - for keeping and selling a controlled 
substance.

Warrants charged Hailey with striking Westmoreland on the arm and Porter on 
the arm and the shoulder.

Hailey's lawsuit, however, maintains that "plaintiff did not assault any 
officer and did not possess any drugs."

On Nov. 26, a county grand jury indicted Hailey on two counts of assault on 
a government official and one count of possession of cocaine. The 
indictments listed Porter as a witness to the grand jury on the charges. 
The district attorney's office dismissed the other charges against Hailey.

On Dec. 19, citing "unavailability of witnesses," Frank dismissed the three 
charges issued by the grand jury against Hailey. That action came eight 
days after the arrest of Woodall, Westmoreland and Rankin by federal and 
state agents.
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