VIDEOTAPED ABUSE CASE AGAINST JONESBORO POLICE SEEN CLOSE TO SETTLEMENT

JONESBORO -- A Jonesboro man videotaped being slapped and choked by police
during a 1998 arrest is about to agree to a settlement with the city and
Police Department, attorneys from both sides said Tuesday.

Darrell Thomas, 34, had filed a lawsuit in federal court contending that
Jonesboro police officer Bob Andrews slapped him to the ground during his
arrest on Nov. 17, 1998. The officer then picked Thomas up by his throat,
the suit says.

A videotape of the arrest was shot by a friend of Thomas' who was in his
East Washington Street house across the street from where Thomas was
arrested that night.

The tape, which was shown nationally on ABC's Good Morning America on March
25, 1999, prompted accusations of excessive force by Andrews.

Thomas was seeking punitive and compensatory damages in a trial that was to
begin Feb. 28 in U.S. District Court in Jonesboro. Instead, attorneys are
expected to reach an out-of-court settlement by Friday.

Details of the deal were not available. Randel Miller, a Jonesboro attorney
representing Thomas, said part of the settlement included promises from both
sides not to divulge the amount Thomas receives.

"I'm pleased any time there is a settlement," Miller said. "It means a
successful conclusion. I would have enjoyed trying this case, though."

Jim Bradbury, a Jonesboro attorney representing Andrews, said he couldn't
comment. "All I'm saying is that we certainly won't go to trial," he said.

A source close to the case, who asked not to be named, said Thomas should
receive an amount "substantially" less than $100,000.

Thomas' suit named Andrews, Jonesboro police officer Greg Baugh, the Second
Judicial District Drug Task Force, the Jonesboro Police Department and the
city of Jonesboro. He alleged he was abused because he is black. The two
officers are white.

"If there's any good that comes from this case, it's that it let the public
know that police brutality does exist," Miller said. "The public realizes
that now."

The settlement shouldn't reflect poorly on the Jonesboro Police Department,
Chief Floyd Johnson said Tuesday.

"It was an unfortunate incident," Johnson said. "But it wasn't racially
motivated. I think if you asked the black community here, they'd say the
same thing.

"Sure, it hurts. But [Thomas] didn't have a case against the Police
Department. I wouldn't have paid him a dime."

Jonesboro Mayor Hubert Brodell was recuperating from surgery and was not
available for comment Tuesday.

The damning evidence, Miller said, is the videotape. "Without it, we don't
have a case," he said.

The 10-minute tape begins with Thomas lying face down on a lot on the corner
of Washington and Patrick streets.

Officers Andrews and Baugh, who were both working undercover at the time,
are shown searching Thomas' pockets.

According to court records, Thomas sold a fake rock of cocaine to the
officers for $20 earlier that night. The officers then picked up Thomas from
the lot and questioned him about the drug sale.

"I ain't got no twenty," Thomas can be heard saying on the tape.

The tape shows Andrews swinging his left hand and slapping Thomas in the
face. Thomas then falls, and Andrews picks him up by the throat.

Andrews later grips Thomas by the throat for nine seconds before releasing
him to two other uniformed officers who showed up in a patrol car.

Thomas was arrested and charged with public drunkenness. He pleaded guilty
in Craighead County Municipal Court and was fined $160.

The officers weren't charged with any criminal offenses. Such a charge would
likely be a misdemeanor, Craighead County Prosecutor Brent Davis said, and
more stringent punishments were already in the works.

"It was obvious that there was a civil suit pending, and it was obvious that
there was going to be disciplinary action," Davis said.

Andrews resigned from the department on March 16, 1999, and Baugh was
suspended. The U.S. Justice Department also investigated the case, though no
federal charges have been filed.

In his deposition, Thomas admitted to being drunk the night of his arrest.

Both officers also admitted to having consumed alcohol while watching a
televised football game at a Jonesboro club earlier in the evening.

Andrews said Tuesday he couldn't comment on the case, citing the advice of
his attorney.

When asked if there were other circumstances not shown on the tape that may
have led to his choking of Thomas, Andrews paused for several seconds and
then said: "I'm sorry, I'd appreciate it if you called my attorney."

Baugh was suspended for 30 days and placed on one year of probation. He was
also given a day-shift assignment with direct supervision.

Both officers had clean records before the Nov. 17 arrest, Johnson said.

According to a source who asked not to be identified, Thomas originally
asked for $3 million as a settlement. Attorneys representing the two
officers declined, the source said. Miller confirmed that his client did ask
for a settlement earlier, but would not say for how much.

Thomas could not be located for comment Tuesday.