Jackson Jambalaya

 Will medical evidence blow up a police brutality case against three former Jackson police officers?  Three former Jackson police officers stand accused of beating an old man to death two years ago.  A Hinds County grand jury indicted Lincoln Lampley, Anthony Fox, and Desmond Barney for second-degree murder in the death of 62 year-old George Robinson as they searched for a murder suspect.  The family sued the officers as well.  However, a motion for summary judgment in the civil case presents medical records that state Robinson only suffered a minor abrasion on his face - a far cry from the savage beating he allegedly suffered.

The three JPD officers encountered 62 year-old Robinson during a search on Jones Street for a suspect in the murder of Pastor Anthony Longino.  Two men killed the pastor as he opened the doors to his church on Sunday morning on January 13, 2019. The death outraged city. There was much pressure on JPD to find the killers. Earlier post.  

The three police officers allegedly pulled Robinson out of his vehicle and arrested him on a misdemeanor charge. Witnesses said police struck Robinson in the head with a flashlight. Family members told WAPT that UMMC doctors said Robinson died of head trauma. Hinds County Coroner Sharon Grisham-Stewart ruled his death was a homicide after he died of blunt-force traum to the head.  Hinds County District Attorney Jody Owens prosecuted the case and obtained indictments for second-degree murder against the three men.  The indictment (P 97) charges the defendants: 

 used physical force on George Robinson, causing George Robinson's death, which included physically removing him from his vehicle, body slamming George Robinson head first into the roadway pavement as well as striking and kicking George Robinson multiple times in the head and chest, all acts, whether occurring individually and/or cumulatively, that were eminently dangerous to George Robinson and evincing a depraved heart, regardless of human life, all occurring within the jurisdiction of this court. Earlier post and copy of indictment.

The estate sued Jackson and the three police officers in Hinds County Circuit Court on December 6, 2019.  Attorney Dennis Sweet, III represents the plaintiffs. 

The lawsuit claims the deceased did not commit a crime but was merely sitting in his vehicle.  It accuses JPD of harassing minorities on Jones Street. The complaint alleges: 

(George Robinson) had  recently  suffered  a  stroke  and  was  in  a  frail  state.  Defendant  officers  Anthony  Fox, Desmond  Barney, and Lincoln Lampley approached Mr. Robinson and ordered him from his vehicle. As he was attempting to exit his vehicle, these officers pulled Mr. Robinson from the vehicle and thereafter brutally, viciously, and mercilessly beat Mr. Robinson  by striking and kicking  him. At no time during this event was Mr. Robinson  threatening  harm to himself or anyone else. (KF: P. 76)

15.   As  a  direct  and  proximate  result  of  the  Defendants'  actions,  Mr.  Robinson suffered  severe injury to his head and head area. Such  injury resulted  in cerebral  edema, or brain swelling , which led to Mr. Robinson's death.

The complaint charged the defendants with negligence, wrongful death, assault, battery, gross negligence, vicarious liability, and Section 1983 violations.  The defendants removed the case to federal court.  The case was assigned to U.S. District Judge Carlton Reeves.  The case meandered through discovery as the two sides traded subpoenas and depositions.  

 The defendants filed a motion for summary judgment yesterday.   The motion states the only injury Robinson suffered that night was a "minor abrasion" on his face.  They argue under qualified immunity, the estate did not prove the defendants used excessive force on Robinson. 

A memorandum in support of the summary judgment motion states Officer Fox observed a possible drug transaction taking place.  A woman standing next to Robinson's car handed money to him as he sat behind the wheel.  The woman fled while Robinson stuck his hand between the seat and center console.  Officer Fox told him to stop and show his hands.  Robinson allegedly refused to comply.  The memorandum states: 

When Mr. Robinson failed to comply, Officer Fox for his safety made the decision to remove Mr. Robinson from the vehicle.²³ Officer Fox opened the driver’s side door and grabbed Mr. Robinson by his elbow.²⁴ Mr. Robinson then twisted his body toward the center console pulling Officer Fox partially into the vehicle.²⁵ Mr. Robinson did this so that he could use both hands to try to gain possession of whatever he was trying to get...

The officers told him to stop reaching. They pulled him out of the car when he would not comply.  The narrative continues: 

After getting Mr. Robinson out of the vehicle, Mr. Robinson was clutching his left hand to his chest tight with his right hand on top.³⁵ Mr. Robinson went to his knees and then to the ground while being held by Officers Lampley and Fox.³⁶ While on the ground, Mr. Robinson continued clutching with his hands held tightly together underneath him.³⁷ At some point, Officer Barney assisted with trying to gain control of Mr. Robinson’s hands.³⁸ Mr. Robinson resisted while working to get his hands to his mouth.³⁹ Mr. Robinson was tucking his head to try and get his mouth closer to his hands.⁴⁰ Despite the efforts of all three Officers, Mr. Robinson was ultimately successful in getting his hand to his mouth swallowing whatever he had.

The officers claim they did not beat Robinson and that he only suffered "a minor superficial abrasion above his right eye."  They called an ambulance even though Robinson told them not to do so.   AMR personnel treated the abrasion and JPD field-released Robinson.   He allegedly showed no signs of slurred speech, stumbling, or other visible signs of a brain injury.  He returned to his hotel room on Highway 80.  An ambulance was called to the room three hours later when he became unresponsive.  

AMR records state paramedics were called to the hotel at 11:15 that night.  The report states:

Arrived on scene to 62 yo male lying in bed.  Patient has a chief complaint of head injury post blunt trauma... Patient also has haematomas to the right side of the forehead.  Wife on scene states patient stated earlier that he was resisting arrest and obtained an abrasion to the forehead.  Wife further states patient began to complain of a severe headache.  Wife states patient collapsed on the bed and began to display seizure like activity.  Wife on scene is too hysterical to obtain any further information on the patients.

An examination revealed he had blood pressure of 215/90 and tested positive for cocaine.  He died due to a subdural hemorrhage.  The defendants state the only visible physical injury was the small abrasion by the eye.  There were no broken bones, bruises, or swelling.  However, the deceased did take two blood thinner medications that made bleeding much easier.  He also suffered from diabetes. 

 UMC records state  Robinson had a "2cm superficial abrasion 2 cm above R eyebrow and a 1.5 cm superficial abrasion 2 cm lateral to R eye.   No other lacerations or abrasions noted to head." The records also stated an emergent right craniotomy was performed.   The description of findings (p.13) state there was an arterial frontal bleeder, clot.  The AMR report states Robinson only had a small, superficial abrasion near his eye.  

Robinson passed away at the hospital.  

The autopsy reported contusions and subarachnoid hemorrhage.  However, the defendants claim the autopsy report was issued without an actual examination of the body and has several errors.  They charge none of the injuries reported in the autopsy were reported in the UMC CT scans.   A craniotomy performed at UMC caused the injuries mentioned in the autopsy.  They claim he was at a higher risk of  bleeding to death internally due to his medications, pre-existing conditions, and drug use.  

 Robinson was treated for a stroke at UMC in December 2018.   Dr. Timothy Usey stated in an affidavit that Robinson tested positive for meth and cocaine at his December visit to the hospital. 

Attorneys Michael Cory, Francis Springer, and the Honorable Dale Danks, Jr. represent the defendants.

Kingfish note: It's a pretty safe bet these defenses and records will appear again in the criminal case. 

Documents in file posted below

P. 1: Memorandum in support of summary judgment motion

 P. 24: Motion for summary judgment

P. 29: Dr. Usey declaration

P. 34: Dr. Arden affidavit

P. 38: AMR records

P. 56: UMC records

P. 72: Complaint

P. 97: Indictment