Friday, April 2, 2021

Do Medical Records Blow Up Police Brutality Case Against Ex-JPD Officers?

 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


Anonymous said...

Kingfish is the only investigative journalist in the state who has the skills and guts to do the real work around these cases.

The talking head keyboard drivers quote lawyers and politicians and interpret Twitter for us. Meanwhile, Kingfish is neck deep in police reports, autopsies, and court filings.

We are lucky to have him.

Anonymous said...

It is only a scratch!

Anonymous said...

No stomach contents? Did he die from the overdose he ingested trying to get rid of the evidence?

Anonymous said...

The perception of brutality will take the day.

Anonymous said...

@10:03 is correct. Investigative journalism is dead. That is why I read this blog.

Anonymous said...

Give me a break. Show some dignity and wipe off your chin. Kingfish censored any comments that mentioned the medical and police records for George Floyd. He is extremely selective about which “facts” he allows to be shared. He wasn’t about to allow any narrative that ran contrary to the official George Floyd/BLM nationwide media charade. He is more of a windsock than anything.

Anonymous said...

I remember when you got examined and they discovered you were the biggest bitch in Jackson.

Kingfish said...

Welcome back, Melvin. We still love you here.

Anonymous said...

I object to this language:

"body slamming George Robinson head first into the roadway pavement"

That is by definition not a body slam as any connoisseur of fine scripted violence can tell you. The body hits the ground first on a body slam.


Anonymous said...

Now wait a minute....when did 62 get us classified as being an “old man”?

Anonymous said...

When you qualified for Social Security, genius.

Anonymous said...

@10:03am is Kingfish...

Anonymous said...

"Police brutality" is a made-up term commonly used by cop hating politicians, bleeding hearts, those seeking to win the you-know-what lottery, and the MSM.. The correct legal term is "excess force."

KF, we know that you support LEOs.

Anonymous said...

10:44: The George Floyd incident didn't happen in Mississippi, so maybe that's why KF didn't cover it. Therefore, maybe the information in your proposed comment was too far off-topic to be published. Just a thought.

The deposition transcript I'd like to read is that of the Hinds County Coroner, specifically whether anyone contacted her about the autopsy prior to her completing the report.

Anonymous said...

lol@1:05 PM
The bootlicker manifest.

Hey I bet you proudly display your Gadsden Flag, Melon Lobe, and Thin Blue Line stickers on your pick-up truck without a twinge of cognitive dissonance.

Who is being “served and protected” by the pigs beating minorities to death? Why do they need surplus military weapons?

Anonymous said...

Thanks Kingfish for putting some light on a story where the main stream media has their own narrative.

Anonymous said...

1:13 represents the problem.

Anonymous said...

I used to think a lot like 1:13(#2), back when I was taking a lot of drugs and basically living a criminal lifestyle.


Anonymous said...

@4:38 PM
No the problem is US citizens accepting that we live in a literal police state and yet still deluded enough to believe you are so free because you can go buy Chinese made crap on credit. You are satisfied to complacently receive your daily programming and sportsball on your Chinese made television. You are also okay with the constant warrantless search and surveillance by technology that you can barely contemplate so you just ignore it.

Anonymous said...

Apr 2 @ 6:19

Must be really scary having to check under your bed every night for the bad ole boogeyman......

You need to leave your "safe" place and run down to Whole Foods. Tin foil on sale 2 for 1!

Kingfish said...

I haven't covered any of the more national stories on this subject.

Anonymous said...

Only somewhat familiar with this case, so I’m just gonna ask a simple question.

If all he suffered was a minor abrasion to his face then how did he die?
And what about the witnesses who claimed he was struck in the head with a flash light?
Or the doctors who claimed head trauma?
I know Fox, he’s been “whooping ass” for years on the streets of Jackson. Not to say it’s a completely bad thing, cause some of these criminals need their asses whooped.

Wait. He had drugs in his system? Hmm.

I’ll say this: To me, the verdict can go either way (which goes without saying). If the plaintiffs win, salute Attorney Sweet, cause I’m leaning towards the defendants.

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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

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