FOR IMMEDIATE RELEASE CR

THURSDAY, DECEMBER 7, 1995 (202) 616-2765

TDD (202) 514-1888

THREE MISSISSIPPI POLICE OFFICERS INDICTED IN

EXCESSIVE USE OF FORCE CASE

WASHINGTON, D.C. -- Three Mississippi police officers who

allegedly took part in the beating of a drunk and unconscious man
in Columbus, Mississippi as well as a cover-up of the beating,
were indicted for violating federal civil rights laws, the
Justice Department announced today.
The four count indictment was handed down on Tuesday and
unsealed today in Federal District Court in Oxford, Mississippi.
It alleged that on February 5, 1995, Officer Nathan Smith, Jr.,
29, assaulted Michael Dowdle, who was drunk and unconscious,
while Officers Donnie Ray Elkin and Lucas Wade Beard stood by and
observed. The indictment also alleged that the three Columbus
police officers later attempted to conceal and cover-up the
incident. Federal criminal civil rights laws prohibit persons
acting under color of law, such as police officers, from
intentionally using excessive force.
"We will prosecute police officers who boldly cross the line
and use their power to inflict intentional harm," said Deval L.
Patrick, Assistant Attorney General for Civil Rights.
The officers were responding to a burglar alarm at a local
Columbus business when they came across an intoxicated,
unconscious suspect who appeared to have broken one of the
windows of the business. While Beard and Elkin watched, Officer
Smith allegedly began to repeatedly kick and punch Dowdle who
awoke and made no effort to resist. When the victim was later
taken to the local hospital for treatment, one of the officers
omitted mention that he had been beaten, which hindered the
diagnosis of his condition. Dowdle allegedly suffered serious
injuries, including fractured ribs and a ruptured spleen.
Burglary charges against him were later dropped.
Count one of the indictment charged Smith with willful use
of excessive force under color of law for repeatedly kicking and
punching the victim. Count two charged Smith, Elkin, and Beard
with concealing and covering up the beating. Counts three and
four charged Beard and Elkin with being accessories after the
fact.
If convicted Smith faces up to 15 years in prison and
$500,000 in fines. Defendants Elkin and Beard each face maximum
penalties of 10 years imprisonment and $375,000 in fines.
The case was investigated by the Federal Bureau of
Investigation, the Mississippi Highway Patrol and the Internal
Affairs section of the Columbus Police Department.
The trial date is set for February 5, 1996 in Aberdeen,
Mississippi.
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