New Allegations of Police Brutality

C I N C I N N A T I, Dec. 2, 2003 -- Police appeared to follow procedure whenattempting to subdue a black man who later died, and "it's obviousone of the officers was assaulted" before the taped beating began,Police Chief Thomas Streicher said today.

Nathaniel Jones, 41, died at a hospital shortly after beingtaken into custody Sunday outside a fast food restaurant. The350-pound man was struck repeatedly with nightsticks in aconfrontation captured by a video camera mounted on a police car.

While he stressed that the investigation was incomplete, "Ithink there's enough on the tape to have a preliminary judgmentabout what occurred," Streicher said on NBC's Today. "It'sobvious one of the officers was assaulted while he was trying tocalm down Mr. Jones."

"I can't see anything that's outside this procedure at thispoint," he said.

Panel Investigates Death

The Citizen Complaint Authority, a watchdog panel born from theriots that followed the police shooting of an unarmed black man in2001, is looking into the death.

"We turn to you for a full and fair and thoroughinvestigation," Mayor Charlie Luken told members Monday night. TheU.S. Justice Department also was studying the case.

The cause of Jones' death was under investigation. Preliminaryautopsy results showed he had an enlarged heart, and his bloodcontained cocaine and PCP, or "angel dust," both of which cancause erratic behavior, Hamilton County Coroner Carl Parrott said.

Monday night's regular meeting of the complaint panel wasdisrupted by four activists who demanded quick action.

"It's apparent that you don't know what you're supposed to bedoing and what your authority is," said Nate Livingston Jr., amember of the Coalition for a Just Cincinnati, which promotes aboycott of the city.

"When they start fighting in the streets, you'll say, 'Whydidn't you do it the right way? Why didn't you come to City Hall?Why didn't you trust us? Why didn't you talk to us?"

Police were called to escort Livingston and three others fromthe room when they continued to shout at the panel.

History Repeating Itself?

Jones' death raised new allegations of police brutality, just asthe city was starting to recover from the effects of the April 2001riots and the boycott that followed.

Justice Department spokesman Jorge Martinez said information wasbeing gathered to determine if federal action was warranted.

Emergency personnel were sent to the restaurant early Sundayafter a report of a man passed out on the grass. They told adispatcher the man was "becoming a nuisance" and police weresent.

The first two officers to arrive, Baron Osterman and James Pike,were shown on the videotape striking Jones after he ignored orders,took a swing at an officer and put his arm around an officer'sneck.

The officers knocked Jones to the ground and fell on him, andjabbed or struck him with nightsticks at least a dozen times.Police procedure is to avoid hitting a suspect on the head. Theykept yelling "Put your hands behind your back!" as they struggledto handcuff him.

Additional police officers arrived. They rolled Jones onto hisback and one officer was heard saying: "He's still got a pulse. Idon't see him breathing."

Jones died within minutes after an ambulance took him to ahospital, Assistant Chief Richard Janke said.

All six officers who went to the scene — five whites and oneblack — were placed on administrative leave, which is standardprocedure.

The 2001 riots stemmed from the shooting of Timothy Thomas, 19,who was wanted on several misdemeanor charges and fled when policetried to arrest him. Officer Stephen Roach shot him in a dark alleyand was later cleared at trial of criminal charges.

A federal investigation of the shooting, requested by the city,resulted in an agreement to tighten policies on use of force andimprove handling of civilian complaints.

In February, a white officer chased and fatally shot a black manwho had been seen running from a store that had been broken into.Police, prosecutors and the Citizen Complaint Authority concludedthe shooting was justified because the man was beating the officerwith his nightstick.