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| Judge drops charges against two officers |
| By Associated Press |
| Published: 10/25/2004 |
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A federal judge dismissed charges last Wednesday against two North Carolina jail officers accused of beating an inmate, saying prosecutors had not proven their case. The judge told Capt. Rodney Collins and former Sgt. Paul Gee they were free to leave the courtroom, ending a jury trial and setting off hugs and tears among the defense team and the officers' relatives. The two were accused of beating Paul Dameron Midgett and violating the inmate's civil rights in May 2000 at the Mecklenburg County, N.C., Jail. U.S. District Court Judge Graham Mullen said prosecutors' failure to call the alleged victim to testify "created a vacuum" in the case. "I'm compelled at this time to determine that the evidence failed to prove the government's case," Mullen said. Neither defendant commented after the ruling. Prosecutor Kristy Parker asked if she could pose a question but Mullen responded "no." Last Tuesday, defense attorneys asked Mullen to free their clients after prosecutors rested their case. Collins, 37, who has been on administrative leave, faced up to 20 years in prison. Gee, 36, who no longer works at the sheriff's office, faced up to 10 years. Midgett, 44, was among six inmates who filed federal lawsuits alleging that officers had used excessive force against them. Four of the lawsuits, including Midgett's, are pending. One was thrown out. In another, a jury ruled that the inmate had not been beaten. |
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