DETECTIVE INDICTED IN PISTOL-WHIPPING

U.S. Attorney: Henderson 'Misled' FBI

FORT MYERS -- Former Charlotte County Sheriff's detective Wyatt Henderson
used "unreasonable force" in the alleged pistol-whipping of a teen-age drug
suspect, a U.S. attorney charged Friday.

Then Henderson lied to his sergeant and the FBI about the incident,
according to a grand jury indictment.

Former Cpl. Wyatt O. Henderson, 44, who worked as a sheriff's undercover
detective for two years, turned himself in to face three counts in the
indictment. Represented by his attorney, Debra Rowe, Henderson pleaded not
guilty to charges during his arraignment in federal court Friday.

The three counts include:

* Violating the victim's civil rights by assaulting him while acting as a
law officer.

* Misleading Charlotte Sheriff's Sgt. Jerry White the day after the
incident with the intent to keep a potential federal offense from getting
reported to a law officer.

* Making a false and fictitious statement to the FBI.

During an Oct. 4 interview with FBI agents, Henderson stated that he threw
his handgun into his patrol car through the window, said Douglas Molloy,
assistant U.S. attorney.

"The defendant knew he didn't do that," Molloy told U.S. Middle District
Magistrate Thomas Frazier.

The charges could bring Henderson a maximum of 25 years in prison for the
third count. He also faces fines up to $750,000, plus a total of nine years
probation, plus $300 in court costs.

The charges stem from the May 21 arrest of then-17-year-old Christopher
Grant on marijuana peddling charges. Grant was lured to the Port Charlotte
Beach complex.

However, when county detectives closed in to arrest him, Grant fled in his
mini-van. Henderson pulled the suspect over about a mile away and ordered
him from the vehicle.

Henderson, in a written statement shortly after the incident, said Grant
did not comply with an order to get prone. So Henderson took him down
forcefully.

Grant broke his jaw in the incident. He claimed he was pistol-whipped.

In a Sun interview last fall, Henderson said he tossed his handgun into his
patrol car just before he forced Grant to the pavement.

The suspect struck his chin, causing a laceration. But he didn't complain
and refused medical treatment, according to Henderson's initial statement,
which came in a sheriff's internal inquiry.

What happened next now lies at the crux of several federal lawsuits.

The lawsuits were filed by Fort Myers attorney Patrick Geraghty for
Henderson's fellow narcotics detectives Grant Davis and Keith Bennett.
Geraghty also represents the victim, Grant.

The suits name Henderson, his former supervisor Intelligence Director Dan
Platt and Sheriff William E. Clement as defendants.

The Sheriff's Office fired Davis and Bennett on grounds that they filed
false or misleading internal reports about the incident.

That's because their initial reports omitted information about the
pistol-whipping. Later, in August 2002, Bennett and Davis reported to the
FBI that Henderson had committed the pistol-whipping.

Davis and Bennett claim they were demoted or transferred out of the
narcotics unit in retribution for reporting the incident to the FBI.

Father 'impressed'

Grant's father, Michael Grant, said he was "impressed" with the diligent
investigation by the FBI, U.S. Attorney's Office and grand jury.

Michael Grant said the FBI visited him at home and called him. The FBI also
sent a special agent from Boston to New Hampshire to interview Christopher
Grant at college. Also, FBI agents canvassed the neighborhood where the
incident took place to see if there were any witnesses.

Grant also credited Bennett and Davis.

"Quite frankly, the only reason they took the case was because two law
enforcement officers came forward," Michael Grant said. "They really put
themselves out on the line."

"I think we have a very courageous U.S. Attorney," added Geraghty, in a
phone interview. "When you have not only allegations of excessive use of
force, but also of a coverup -- this shows (Molloy) is not afraid to go
after it.

"That's wonderful news for all of us who live and work in Southwest
Florida," Geraghty said.

He added that the indictment of Henderson "vindicates" Bennett and Davis
and bolsters their lawsuits.

The lawsuits allege that Platt knew about the pistol-whipping and did
little to investigate Henderson's role. The lawsuits claim Henderson seemed
to be "protected at every turn" because of his close ties to Clement and
Barbara Hunt, a millionaire widow who had secretly funneled a $5,000 loan
into Clement's 2000 campaign.

Hunt befriend Henderson after the cop had moonlighted as a security guard
at Hunt's former Port Charlotte mansion.

In a July interview, Clement confirmed he had talked to Hunt about hiring
Henderson. But, Clement denied Hunt pressured him to hire Henderson.

Clement issued a statement Friday in response to the indictment. "First of
all, I would like to state that the Sheriff's Office cooperated fully with
the FBI during the investigation," Clement said. "But, due to the fact that
the Sheriff's Office is a party to a civil suit regarding this situation,
CCSO counsel has requested we make no further comment on this issue.

Out on bond

Molloy voiced no objection to Henderson's request to be released on a
"signature bond," which requires no cash payment as security.

"Mr. Henderson is not a flight risk," Molloy told the judge.

Frazier then began reviewing documents in Henderson's sealed court file.
The judge began telling Henderson's attorney that "your client, the
defendant, evidently has privileged information ... "

But, the judge stopped in mid-sentence and advised the defendant that he
was not supposed to be "privy" to the information. He asked if anyone
wanted him to recuse himself. No one called for that.

The judge then granted Henderson a $50,000 unsecured bond to be co- signed
by his fiancee. Frazier also ordered Henderson to get rid of his firearms
and report to a pre-trial release officer.

Molloy, after the hearing, was asked whether the judge's reference to
privileged information indicates Henderson is cooperating in further
investigations.

Molloy had no comment.