Pubdate: Tue, 02 Mar 2004
Source: Charlotte Sun Herald (FL)
Copyright: 2004 Sun Coast Media Group Inc.
Contact:  http://www.sun-herald.com/newsch.htm
Details: http://www.mapinc.org/media/1708
Author: Greg Martin, Staff Writer
Bookmark: http://www.mapinc.org/corrupt.htm ( Corruption - United States)

COP IN PISTOL-WHIPPING GETS 7 YEARS

Henderson Lied In Cover-Up, Prosecutor Says

A former Charlotte County Sheriff's detective convicted of pistol-
whipping a teen-age marijuana peddler will be spending the next seven
years behind bars.

U.S. Magistrate Anne Conway sentenced Wyatt Henderson, 44, to seven
years and three months in federal prison Monday. The sentence is to be
followed by two years probation.

U.S. Attorney Doug Molloy said Henderson earned extra points that made
his sentence more severe because he used a firearm in the commission
of the crime and obstructed justice by lying to supervisors and the
FBI to cover it up.

"Wyatt Henderson was not your typical police officer and the sentence
was severe to reflect that," Molloy said. "We expect law enforcement
officers to uphold the law when they're sworn to uphold it, and the
sentence addresses all the crimes he committed."

About 20 people attended the sentencing hearing, held in the federal
courthouse in Fort Myers. They included Henderson's wife, Amy. The
couple have a young child.

Before the sentence was handed down, Henderson's attorney, Debra Rowe,
argued over how a pre-sentence investigation had applied sentencing
guidelines, according to Molloy. The guidelines recommended a range of
prison terms that went as high as 10 years.

However, the judge announced that since the guidelines were so severe,
she would grant Henderson the lowest sentence within the recommended
range. Henderson then declined an opportunity to address to the court,
Molloy said.

Henderson was convicted Dec. 10 of three counts: violating the
victim's civil rights by using excessive force, lying to a sheriff's
supervisor to cover up the incident to avoid a federal crime and lying
to the FBI.

The lies included Henderson's claim to the FBI that he tossed his
handgun in through the window of his patrol car a moment before taking
the victim, Christopher Grant, to the ground during his arrest.
Henderson "knew he didn't do that," Molloy had told the court.

The incident occurred May 21, 2002 after undercover detectives lured
Grant, then 17, to the Port Charlotte Beach Complex to sell some
marijuana. As detectives in unmarked cars closed in, Grant fled in a
mini-van.

Henderson, who was the first to pull over the vehicle, ordered Grant
to get out and lie face down. Henderson, who is 6-foot 5-inches tall
and weighs some 250 pounds, drove the suspect to the ground hard.

When Grant got up, he said, "Why did you have to hit me with the gun,"
testified former sheriff's narcotics detective Keith Bennett.

Bennett also testified he glimpsed Henderson make a striking motion -
gun in hand. Bennett's view, however, was partially blocked, he said.

Fellow detective Jack Collins also said Grant complained of getting
pistol-whipped moments after the arrest. He said "the big guy" hit
him.

Also, former detective Grant Davis testified that Henderson bragged,
"I showed him."

After the arrest, Henderson was informed in a call from a supervisor
that Grant's allegations would be investigated.

"Can't you pistol-whip anybody anymore?" Henderson said, according to
Davis.

However, Henderson told his fellow detectives to write up reports of
the incident without going into detail.

Bennett said he left information in his report indicating that Grant
had made the allegation. Bennett also stated that at no time did he
ever withdraw his gun.

Bennett said he thought that information would raise a red flag with
internal investigators. Several weeks later, however, he learned that
the investigators had ruled the allegation unfounded.

Bennett and Davis then reported the incident to the FBI.

Bennett and Davis were fired a year later on allegations they either
lied in filing their initial reports of the incident or lied when they
reported a pistol-whipping to the FBI.

Angelo Favara, a former sheriff's inspector who helped gather
information for the FBI and other investigators, said he thought the
seven-year prison term is appropriate.

"At least it clears the two officers that brought the information
forward," Favara said.

He added that he hopes the federal investigation continues into other
sheriff's officials who may have been aware of the
pistol-whipping.

"I hope it doesn't stop there, because there's several others that
need to be investigated," Favara said. "There's a lot of perjury;
there was a cover-up." 
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