Pubdate: Fri, 13 Jul 2001
Source: Lincoln Journal Star (NE)
Copyright: 2001 Lincoln Journal Star
Contact:  http://www.journalstar.com/
Details: http://www.mapinc.org/media/561
Author: Josh Funk

NO CRIMINAL TRIAL FOR SCOTTSBLUFF POLICE

OMAHA - There is not enough evidence to criminally prosecute three 
Scottsbluff police officers for alleged brutality, according to a U.S. 
Department of Justice investigation.

In April, the Criminal Civil Rights Division investigated Ramon 
Villa-Velazquez's claims that the officers mistreated him during an arrest 
last spring, Assistant U.S. Attorney Mike Wellman said. The Mexican native 
had written the department to complain about the incident.

The Mexican government joined Hispanic community leaders on July 7 in 
calling for a criminal investigation. They wanted the U.S. government to 
determine if there has been a pattern of officers mistreating Hispanics in 
Scottsbluff, a western Nebraska city of 14,700.

Villa-Velazquez's American Civil Liberties Union attorneys did not know 
about the April investigation, ACLU Nebraska Director Tim Butz said.

"It seems the government is set to bury this, and we will seek our 
vindication in civil court," Butz said.

In a federal civil lawsuit filed last month, Villa-Velazquez alleges that 
the officers illegally entered his home and beat him in front his family on 
March 16, 2000, before arresting him for violating immigration laws.

Villa-Velazquez's attorney Stephen Charest said he would not know if the 
results of the criminal investigation would affect the civil lawsuit until 
he has seen it.

Federal law requires proof that a police officer not only used excessive 
force, but also that the officer did so with a criminal purpose, U.S. 
Attorney Mike Heavican said.

Acting out of fear, mistake or even poor judgment is not criminal, Heavican 
said.

Villa-Velazquez remains in a county jail in Iowa awaiting transfer to a 
federal medical detention facility. He pleaded guilty this spring to 
illegal re-entry. Villa-Velazquez had been deported following a 1997 
conviction for possession of marijuana with intent to deliver.

Charest said his client cannot stand up straight because of his injuries 
and was denied medical treatment until after he was transferred to a 
Lexington jail.

Villa-Velazquez's family remains in Scottsbluff.
- ---
MAP posted-by: Jay Bergstrom