FIRST ON 3 UPDATE: WBPD releases video, says state cleared officers
WRIGHTSVILLE BEACH, NC (WWAY) — Wrightsville Beach has released videos that show what happened inside its police station Nov. 8, 2011, that has led a town alderman’s son to file a federal lawsuit against the town and two police officers.
Adam Mills, son of Alderman Darryl Mills, claims Ofc. Jesse McCubbins and Cpl. Jimmy Rich harassed him after a DWI stop that night and later assaulted him at the police station.
The video shows Mills being belligerent toward the officers, which he admits to in his lawsuit. It also shows one of the officers apparently punching Mills after Mills was slow to comply with the other officer’s orders and continued to call the officer vulgar names.
“Investigations by the Town and by the North Carolina Department of Justice resulted in the determination that the actions of the two officers were not in violation of police department policies and that no criminal charges against the two officers were warranted,” the town said in a statement released with the video today.
Town Manager Tim Owens says the police chief requested the state investigate the incident in 2011. But a DOJ spokeswoman says so far she can find no record of an investigation in the matter by the SBI, which normally would have handled such a probe. She says she is checking to see if the Criminal Justice Training and Standards Commission may have handled it.
“The Town believes that a release of the video tape documentation of the events of November 8, as requested by the media, is in the best interest of the citizens of Wrightsville Beach and as such, with the consent of Mr. Mills and his attorney, has decided to release copies of the video,” the town’s statement said.
Mills claims he became belligerent to the officers because they were taunting him about the effect his arrest would have on his father. When Mills disobeyed an officer’s order to stay seated on a bench he claims McCubbins punched him in the face. He then claims the officers slammed him face first into the floor breaking his nose and his left orbital wall.
“This case is about law enforcement’s duty to all of us – to follow basic and standard police practice and policy, and to respect the protections afforded to citizens under North Carolina law and the US Constitution, regardless of the officers’ personal feelings about an individual,” Mills’s attorney Katy Parker said in a statement to WWAY.
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