ASHEVILLE - Police in January launched a criminal investigation into whether an officer used excessive force in the arrest of a man suspected of jaywalking and trespassing after he walked across the parking lot of a business already closed for the day.
Police body camera video obtained by the Citizen-Times on Wednesday shows Officer Chris Hickman beating Johnnie Jermaine Rush with punches to the head while Rush was being restrained by Hickman and another officer.
In the video, from a camera worn by Hickman, Rush says multiple times that he can't breathe as he is restrained. He also was shocked twice with a stun gun while being held on the ground.
Hickman, who had been awarded a department medal of honor for actions taken in 2014, resigned sometime before Jan. 19, according to a memo obtained by the Citizen-Times. Police Chief Tammy Hooper confirmed Wednesday that Hickman was no longer with the department.
The late night Aug. 24 confrontation happened after Rush, 33, complained about being stopped for jaywalking at a street corner with little traffic at that time of night.
The corner is near McCormick Field, where hundreds of pedestrians cross Biltmore Avenue without using a crosswalk before and after baseball games.
Rush said he had recently returned from working a 13-hour shift at the Cracker Barrel on Tunnel Road and was leaving a store when he was approached by police.
He is confronted by Verino Ruggiero, then an officer in training. Ruggiero says in the video he had warned Rush about jaywalking.
"All I’m trying to do is go home, man. I‘m tired. I just got off work," Rush replies.
Ruggiero says, "I've got two options: I can either arrest you or write you a ticket."
"It doesn't matter to me, man," Rush says. "Do what you have got to do, besides keep harassing me."
When Rush curses in exasperation, Hickman tells him to put his hands behind his back.
Rush then runs. As he chases him, Hickman can be heard saying, "You are going to get (expletive) up hardcore," and pulls out a stun gun.
Rush told the Citizen-Times he then stopped. In the video, Hickman and at least one other officer are seen pushing Rush to the ground.
After the encounter, Rush said he was taken to the hospital and while there said Hickman was abusive to him and used a racial slur.
Rush is black and Hickman is white.At the time of the arrest and beating, Rush was charged with assault on a government official; resisting, delaying and obstructing an officer, trespass and traffic offenses, police records show. Those charges were dismissed by the Buncombe County District Attorney's Office on Sept. 18, according to court records.
After reviewing the video, Hooper said she and District Attorney Todd Williams asked the State Bureau of Investigation to initiate a criminal investigation, but the SBI declined. Hooper said she does not know why.
Williams requested that another agency take the case.
"When that was turned down, I felt that a criminal investigation was still required," he said Wednesday.
On Jan. 18, according to the memo obtained by the Citizen-Times, Hooper asked an APD officer to initiate a criminal investigation into Hickman's actions.
Hooper declined on Wednesday to talk about the active investigation.
Hickman was suspected of simple assault, according to police records.The police investigation into Hickman's actions is ongoing, Hooper said.
Ruggiero is not under investigation, she added.
Police body camera video is not considered public record.
A copy of the recording was given to the Citizen-Times.
