HUNTSVILLE, Ala. (WHNT) – A Huntsville police officer has been indicted on federal charges for an incident with a man in custody in 2011.
The U.S. Attorney’s office in Birmingham confirms Officer Brett Russell is charged with using excessive force. The two-count indictment charges that Russell, 48, assaulted a man during an arrest on December 23, 2011. The indictment accuses Russell of depriving the man of his constitutional right not to be subjected to excessive force by someone acting in the official capacity of a police officer, or “under color of law.”
The indictment also charges Russell with obstructing justice by making false statements and concealing information in the incident report he filed on the arrest.
“We are fully committed to investigating, and prosecuting where appropriate, the use of excessive force by law enforcement officers,” said U.S. Attorney Joyce White Vance.
Last week, WHNT News 19 reported that the Department of Justice was investigating the incident.
December 23, 2011
Two days before Christmas of 2011, another officer, Amanda Carmean, arrested Gary Wayne Hopkins on a domestic violence call. His wife had visible injuries to her face and appeared drunk, as did the husband. Officers called DHR to take the couple’s children.
Before the dashcam video starts, Hopkins had been spitting, swearing and had kicked out a window in the patrol car. Police had to put him in another car.
Two other officers showed up and made a plan to move him out of Officer Carmean’s car to Russell’s. Hopkins’ hands were cuffed behind his back, and he was relatively calm.
Video shows Russell punching Hopkins and using knee drops to subdue him.
The federal indictment
According to the indictment, Officer Russell falsely stated in his incident report that Hopkins kicked at officers, attempted to head-butt them while they transported him to Russell’s vehicle, that he was told to stop resisting several times but would not comply, and that he was transported to the Huntsville metro jail “without incident.” Russell omitted from his report that he “had struck G.H. with his fist and kneed G.H. in the body,” the indictment says.
If Russell is convicted, the maximum penalty for deprivation of civil rights under color of law is 10 years in prison and a $250,000 fine. The obstruction of justice count carries a maximum penalty of 20 years in prison and a $250,000 fine.
Russell’s firing and reinstatement
After an internal investigation, the Huntsville Police Department fired Russell over the incident in 2012, saying the excessive use of force was in violation of departmental procedure. However, Russell appealed to the Huntsville City Council and was reinstated to the police force. He was first suspended for 30 days without pay and also had to complete an anger management course and remedial training in use of force.
WHNT News 19 contacted the Huntsville Police Department and City of Huntsville on Thursday for their take on the indictment. Police Chief Lewis Morris did not have any comment, but referred us to the mayor’s office.
The City released this statement:
“The history of the case is public and the City took the action it deemed appropriate in 2012 when it terminated Officer Brett Russell. Upon appeal to the City Council, the officer was reinstated provided he undergo retraining, which he has done. The City is not in the position to speak for the Justice Department regarding its investigation and indictment, however, we will continue to cooperate with attorneys as appropriate in this matter.”