Dec. 21--Charlotte-Mecklenburg police have recommended that an 11-year veteran officer charged with assaulting a man be terminated, officials announced Wednesday.
Officer David Estele Jones III, 37, is charged with assaulting the 38-year-old man accused of hitting his mother's vehicle in a DWI wreck Dec. 7 in Matthews.
After his arrest, Jones was placed on paid administrative leave pending an investigation by the Charlotte-Mecklenburg Police Department's Internal Affairs Division. But on Wednesday, police suspended Jones without pay and cited him for termination.
"The recommendation for this action was the outcome of an Independent Chain of Command Review Board which examined the information gathered during the internal investigation," police said in a statement.
Matthews police said Richard McVicker rear-ended Jones' 63-year-old mother's vehicle as she was stopped at a red light on Sardis Road near N.C. 51. No one was injured in the crash. The woman called her son, police said, and when Jones arrived, he got into an altercation with McVicker.
McVicker, who was charged with DWI in connection with the wreck, suffered facial injuries in the alleged attack. A mug shot taken of McVicker after he was released from the hospital shows him with black eyes and extensive bruising.
Jones' attorney, George Laughrun, told the Observer that McVicker was beating on the woman's car window and that she called her son, who was off duty and not in uniform, for help. Laughrun said Jones pushed McVicker away from his mother's vehicle, and then he fell and hit his head.
McVicker told the Observer he'd had "a couple beers" with a friend and was driving home at the time of the crash. He said he got out of his car to check on the woman, who asked for his license and then wouldn't speak to him. McVicker said he began rapping on her window. He said he didn't see Jones coming before the officer slammed him to the ground.
"He didn't announce himself or say anything," McVicker said last week. "He just hurled me facedown on the concrete and handcuffed me in the mud while I'm bleeding all over the place."
Matthews police are still investigating the assault. McVicker couldn't be reached for comment Wednesday evening.
Jones' attorney declined to comment Wednesday about CMPD's actions. But after Jones' arrest nearly two weeks ago, Laughrun said his client planned to plead not guilty to the charge of misdemeanor assault inflicting serious injury.
Before Jones can be fired, the Charlotte Civil Service Board, which reviews some police disciplinary decisions, must hear his case. The recommendation for termination is automatically sent to the board for an appeal unless Jones decides to resign. Members of the board will either agree or disagree with the findings of CMPD's internal investigation, and they determine whether Jones will be fired.
It's unclear when the board might review the case.
Jones, who has worked with CMPD since September 2000, was assigned to the department's South Division.
Since he was hired, Jones has been suspended five times. In 2010, he was suspended for 240 hours -- a six-week period -- according to police records. Suspension records, which are public information, don't indicate why Jones was punished or whether he's been previously accused of violent acts. During two of the suspensions, Jones was ordered to undergo some type of counseling.
Police didn't disclose why they decided to recommend Jones' firing.
"They went over the allegations, conducted several interviews and reviewed all the evidence in the case and came to the conclusion that they were going to recommend him for termination," said police spokesman Rob Tufano.
Copyright 2011 - The Charlotte Observer, N.C.
