April 05--Knox County District Attorney General Randy Nichols is reviewing the completed investigative file concerning allegations that three Knoxville Police Department officers beat and kicked a handcuffed suspect.
"It's quite voluminous," Nichols said Thursday.
The file probes allegations of excessive force used shortly before noon Feb. 9 on a handcuffed man at 1338 Grainger Ave. Witnesses to the alleged brutality notified Knoxville Police Chief David Rausch on that Saturday afternoon of what they had seen.
Rausch said he immediately ordered an internal investigation of the incident to determine if officers violated department rules. After reviewing video of the incident recorded by officers' in-cruiser cameras, Rausch said he also ordered a criminal probe of the actions of the men.
Rausch ordered Officers Ty Compton, Jeremy Jinnett and Chris Whitfield reassigned from patrol duties to the Teleserve Unit. Officers there respond to walk-in and telephone complaints.
Police administrators on Feb. 26 prohibited Compton, Jinnett and Whitfield from working any extra jobs until the brutality allegations have been resolved, records show.
Nichols said his office received the file about two weeks ago from Knoxville police investigators.
"I've looked at some of it already," Nichols said, but he noted he has not done a comprehensive review.
"I've asked the lawyer I've assigned it to to review it with all due diligence, but we want to be very thorough."
Nichols said he assigned the case file to Ken Irvine, an assistant district attorney general. Nichols was unable to provide an expected date to complete the review.
"Were any charges to be filed, we would ask the grand jury to look at it," Nichols said. "We wouldn't issue a warrant."
Compton, Jinnett and Whitfield responded Feb. 9 to a call for help from Officers Haley Starr and Cynthia DeMarcus. The female officers initially answered a call of a man cursing loudly and waving his arms wildly as he strolled along Grainger Avenue and Luttrell Street.
Starr and DeMarcus encountered Michael Allen Mallicoat, 30. Reports filed by Starr and DeMarcus state Mallicoat refused to comply with their orders and a struggle ensued. During the confrontation, the officers requested backup.
According to witnesses, Compton, Jinnett and Whitfield beat and kicked the 5 foot-9-inch tall, 145-pound Mallicoat after he had been subdued. It is unclear if they helped handcuff Mallicoat or if he was already subdued before they arrived.
Mallicoat, who has a criminal history of arrests extending to 2000, was charged with disorderly conduct, public intoxication and resisting arrest. He has pleaded guilty to the charges. He received medical care after the alleged beating, according to his attorney.
Copyright 2013 - The Knoxville News-Sentinel, Tenn.
