Sunday, February 22, 2009

Officer Ryan Hutchison Resigns After Making Racial Comments on Video

KREBS

A Krebs police officer has resigned after the Tulsa World obtained video showing the officer making racist comments during a traffic stop of four black men.

As first reported on tulsaworld.com, federal indictments against three of the men were dismissed after the video surfaced in the identity-theft case in Muskogee's federal court, an attorney said.

Reserve Krebs Police Officer Ryan Hutchison resigned Friday, said Krebs Police Chief Dennis Cook. Cook was not aware of the arrest video and its racial content until contacted by the World this week.

William Earl Bill, Korell Rashaud Harp and Kelvin Lamont Jackson were indicted Jan. 14 in U.S. District Court in Muskogee on 13 counts of aggravated identity theft, false identification and possession of counterfeit checks with intent to deceive, court records show. Hutchison arrested the men Sept. 10 on U.S. 69 near Krebs in Pittsburg County, according to court records.

When pulled over for allegedly speeding, the suspects were in possession of a cache of counterfeit checks and driver's licenses with different names, court records show. The licenses were high-quality fakes complete with holographic images and other convincing identifiers, court records show.

Records show the men were allegedly planning to use the driver's licenses to cash counterfeit checks at various banks.

However, comments by the arresting officer caused federal prosecutors to throw out the felony indictments on Feb. 13, said Assistant Federal Defender Rob Ridenour.

The World obtained the police video of the traffic stop containing the racist comments by Hutchison. The audio portion of the video recorded Hutchison using the term "n----r" to describe the black occupants of a rental car he had just stopped for alleged speeding.

On the video Hutchison can be seen talking to the driver and then returning to his patrol car. While sitting in his police unit, Hutchison can be heard saying: This "smells funny. F--king n-----s in a rental car and ain't none of them on the rental agreement. I'll call the f--king rental company and make them all walk. If you ain't on the rental agreement you ain't supposed to drive the car."

In the video, Hutchison is talking to another person, whose identity is not available, who is riding with him on patrol that night.

Hutchison could not be reached for comment.

The video contains other racial comments. There is also a general comment about President Barack Obama. "Got a damn Obama sticker on the back window," Hutchison said.

U.S. Attorney Sheldon Sperling said federal charges were dismissed due to action taken at the district court level.

"We comprehensively reviewed the evidence in the case, and we dismissed federal charges in deference to an appropriate state court disposition," Sperling said. "I would respectfully submit that this outcome is consistent with our oath and obligation to use common sense and discernment."

After having their federal indictments dismissed, the three men pleaded guilty in Pittsburg County District Court to one felony count of possessing false identification, Ridenour said. The men received two years of unsupervised probation, he said.

After being contacted by the World earlier this week, Cook said he suspended Hutchison and then called for his resignation after viewing the arrest video.

"I have spoken to the officer about this, and he does not deny it, but he also says he does not remember it," Cook said. "That's why we put videos in the cars, to be sure these kinds of things don't occur. I assure you that we are not going to tolerate any racial comments or activities on this police force."

Cook said Hutchison joined the Krebs police in October 2005 and has no record of disciplinary actions with the police force. As a reserve officer, Hutchison is CLEET certified but works part-time without pay, Cook said.

Krebs is located east of McAlester.

Ridenour said that Hutchison's comments were racist and point to racial profiling.

"I'm an Okie and a red-neck, but I am ashamed that in this day and age that these guys knowing they are cops and knowing they are being taped and they would say things like that," he said. "The comments are wrong and unacceptable."

Ridenour was one of three attorneys representing the defendants. Ridenour represented Bill, who has an extensive criminal record involving crimes similar to the ones he was charged with, a source said.

If convicted of the federal indictments, the men would have faced at least seven years in prison or more, Ridenour said.

Ridenour said the federal prosecutor took the proper action by throwing out the indictments.

"Once they saw the video, they knew it was inappropriate, and they did the right thing," Ridenour said. "They left it to the state to do what it wanted to do."

Ridenour said the defendants accepted the plea agreement in state court because they wanted to get out of jail. They had been in federal and state custody since their arrest in September.

Bill was the driver of the rental car. Bill and Jackson are from Dallas, while Harp is from Barnesville, Ga. A fourth person in the car, Antonio Jackson, is from Fyffe, Ala., and was not indicted on any crimes. The four men were traveling from Texas to Milwaukee when they were arrested, Ridenour said.

Additional footage from the video shows Hutchison and back-up police officers searching the vehicle and discovering what the officer thought was marijuana and the counterfeit licenses and checks.

Janice Purcell, a Tahlequah attorney representing Jackson, said her client did not have an extensive police record.

Defense attorney Michael McGuire of Tulsa said police officers did not obtain proper consent to search the vehicle. He had harsh words for Hutchison's conduct.

"It is disgusting. It speaks for itself," McGuire said. "These are the real reasons for the dismissal and the bogus consent to search. You can tell these clowns were wanting to search the vehicle, and you can hear them planning how to do it on the video, but it was not a proper search."

Sperling said: "We do not believe the search is subject to much legitimate question."

McGuire represented Harp, who he said had no previous criminal record.

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http://www.tulsaworld.com

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