Prometheus 6

Judge acquits New Orleans cop in videotaped beating

NEW ORLEANS, Louisiana (AP) -- A former police officer accused in the videotaped beating of a man in the French Quarter after Hurricane Katrina was acquitted Tuesday by a judge who heard the case without a jury.

"I didn't even find this a close call," said District Judge Frank Marullo.

Robert Evangelist, 37, had been charged with beating Robert Davis, 66, during an arrest videotaped by an Associated Press Television News crew the night of October 8, 2005, about six weeks after Katrina.

Evangelist, who elected to have his case heard by Marullo without a jury, pleaded not guilty to second-degree battery and false imprisonment. Marullo acquitted him of both counts.

Marullo watched videotapes of the beating and its aftermath and he noted that Davis could be seen struggling on the tape for several minutes.

"This event could have ended at any time if the man had put his hands behind his back," the judge said.

Evangelist and Lance Schilling were fired after being accused of the beating. Schilling killed himself June 10.

A third officer, Stuart Smith, was accused of a misdemeanor charge of simple battery against Associated Press producer Richard Matthews. Marullo threw out that charge because prosecutors improperly used a statement he made to police, said Smith's attorney, Eric Hessler.

Smith served a 120-day suspension and remains on the force.