KIDS, "DON'T DO CRACK," or hang out with people who do.
From Ashville NC comes the latest installment of "Dumb criminals"
ASHEVILLE — A judge has thrown out a charge of resisting arrest against a man injured by an explosive police weapon.
The Asheville Police Department and Troy Steven Wyatt’s attorneys give very different details of how a stun grenade detonated near Wyatt, causing what attorney Java Warren said are permanent injuries to his (man parts).
Warren said the dismissal of the charge May 3 in Buncombe County District Court bears out his client’s version of events: that police lobbed the device into his lap as he sat with hands in the air.
Police, however, have said Wyatt and others confronted the tactical team during its Jan. 25 raid on what they called a crack house in Shiloh. Chief Bill Hogan said Wyatt rolled onto the stun grenade — designed to distract people with noise and light — during a scuffle with police.
Discrepancies between an officer’s testimony and the arrest warrant led to the dismissal, police Capt. Tim Splain and defense attorney Howard McGlohon agreed.
The warrant said Wyatt resisted Officer Chad Bridges by disobeying a command “to be still.”
Actually, Splain said, police ordered him to drop to the floor.
“He didn’t, and that’s what should have been articulated in the warrant,” he said.
It’s more than a semantic argument, McGlohon said.
“What is put in the warrant is what we came there to defend,” he said. “And that’s not what the proof was. That wasn’t the evidence that was offered by the state. And that’s very important, because a person has the right to be placed on notice about what he did.”
The dismissal of the charge ends for now the defense’s request to examine a chair cushion. Lawyers said it has damage that could help prove Wyatt took the injury sitting down.
Warren said he and his client are consulting on whether to file a lawsuit.
Ouch ouch ouch ouch.