LITTLE ROCK — An attorney on Monday released a video that he said shows an off-duty Little Rock police officer “appallingly” beating a man outside a restaurant in the city’s Hillcrest neighborhood.
Police, who did not confirm the identity of the officer in the video, said they are investigating Lt. David Hudson’s involvement in an Oct. 29 confrontation outside Ferneau that left Chris Erwin, 40, of Little Rock with a bruised and bloody face.
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Erwin’s attorney, Keith Hall, who identified the officer as Hudson, said Erwin is contesting misdemeanor charges, including resisting arrest, stemming from the episode. He said he released the video Monday in an effort to gather witness accounts to bolster Erwin’s case and that of a friend, Blake Mitchell, who was also arrested on misdemeanor charges after the confrontation.
“Everyone [in the footage] is saying, ‘Is this a real cop? This is ridiculous,’” Hall said. “Obviously there were other people there.”
Taken by a restaurant patron with a handheld camera outside the restaurant at 2601 Kavanaugh Blvd., the video shows a uniformed officer speaking to Erwin near a wall while holding him by the back of his jacket.
The officer can then be seen continuing to hold Erwin with one hand while punching him several times in the face with the other. A man dressed in a dark suit can be seen trying to intervene before being kept away by another man.
The officer then appears to throw Erwin on the ground as a crowd gathers.
Little Rock police spokesman Lt. Terry Hastings said the video is being reviewed as part of an internal investigation.
He added that, when someone circulates video footage to the media, it often comes with an agenda.
“We don’t know what to think of the video yet,” Hastings said. “Anything that shows up on YouTube can be altered. ... [videos] always seem to leave out parts of the incident that doesn’t coincide with what they’re trying to say.”
Hall said his video isn’t doctored.
“That’s the raw version,” Hall said. “What it doesn’t show is [Hudson] punching my client several times while he was on the ground.”
Hastings said Hudson, a 33-year member of the department and a supervisor in the department’s special operations division, has not been placed on leave but has been barred from working off duty until the investigation is complete. He was working off-duty security at the restaurant at the time of the incident.
Hall and police reports give conflicting accounts of what led to the confrontation.
According to the police reports, which don’t mention Hudson by name, a witness told police that Erwin, along with Mitchell, 44, of Little Rock and two unidentified women, went into the restaurant about 11:30 p.m., while a private party was being held there, and were asked by the management to leave.
The witness said the group refused to leave and that one of the women began spilling wine on patrons.
After Erwin refused an offduty officer’s orders to leave, the officer placed Erwin under arrest, the report says. It says Mitchell grabbed Erwin’s arm but was pulled away by an “unknown subject.”
“Mr. Erwin continued to resist arrest and force was used to subdue Mr. Erwin,” the report says.
In a written account of the episode, Hall said Erwin asked who wanted him to leave, and Hudson, who Hall identified as the off-duty officer, “angrily responded that it didn’t matter.”
Hall said Erwin then told the officer he would leave after paying his tab.
While Erwin was paying the tab, Hall said in the statement, Hudson approached Mitchell and Mitchell’s wife at their table and said, “Don’t you understand? You have to leave now.”
The Mitchells, Erwin and Erwin’s girlfriend then went outside, Hall said.
He said the confrontation began after Erwin asked Hudson, “So, who wanted us gone?”
Hall said in an interview that no one but Hudson had approached the men and asked the men to leave.
“He asked each one of them to leave once and thought he asked both of them twice,” Hall said. He said Hudson got “cumulatively angry.”
Erwin and Mitchell were charged with misdemeanor counts of criminal trespassing and disorderly conduct. Hudson is listed on the arrest report as the arresting officer.
Erwin was also charged with resisting arrest, and Mitchell was charged with obstructing government operations and public intoxication.
Hastings said Hudson followed department procedures following the arrests, including filling out a use-of-force report and notifying his supervisor.
“He did everything according to policy,” Hastings said. “If he’s on duty or working off duty, the same department policies apply.”
Arkansas, Pages 7 on 11/08/2011