Thursday, February 03, 2000
Norwood intimidation case dismissed
Official had been accused by citizen
BY WALT SCHAEFER
The Cincinnati Enquirer
NORWOOD — Two charges against Public Works supervisor Dwayne Smith of intimidating a witness have been dismissed by Judge Robert Taylor of Hamilton County Municipal Court.
Mr. Smith was indicted by a Hamilton County grand jury in October, accused of intimidating a Linden Avenue resident — identified by police as Virginia DuFran — regarding her account of an arrest May 26. The arrest stemmed from a fight on Harper Avenue.
Lack of evidence
City Law Director Vicki Garry said the legal elements necessary to prove witness intimidation were apparently insufficient. At the time, Mr. Smith told Mayor Joe Hochbein that he saw Police Officer John Brown use what he considered to be excessive force during the arrest of Steven Evans, who had been involved in the fight. Mr. Smith helped Officer Brown control and arrest Mr. Evans.
A subsequent internal police investigation found that Officer Brown was justified in his use of force, Acting Police Chief John Murphy said.
The mayor has said Mr. Smith told him he saw Officer Brown punch Mr. Evans in the face three times before guid ing him into a cruiser. Mr. Smith said he thought the punching unnecessary and Mr. Hochbein ordered the internal investigation.
Officer's account
Officer Brown told internal investigators he had to use adequate force to control Mr. Evans, who was swinging his handcuffed arms and kicking his legs. Officer Brown said he was able to handcuff Mr. Evans only from the front because he was fighting and uncontrollable.
Police said Ms. DuFran claimed she saw the arrest of Mr. Evans and that her account differed from Mr. Smith's.
The police report indicates Mr. Smith questioned Ms. DuFran and was “unhappy with what she said she saw.” He has harassed her and she “fears” him, according to the report that led to the charges.
Mr. Smith was arrested on the intimidation charge after being interviewed by police, the mayor said.
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