The Fayette Citizen-News Page

Wednesday, April 24, 2002

Lawyer: F'ville police beat suspect

By JOHN MUNFORD
jmunford@TheCitizenNews.com

A robbery and murder suspect's attorney Tuesday accused arresting officers of beating his client following a high-speed chase in Fayetteville three weeks ago.

When he was taken into police custody after leading police on a chase that ended in an deadly auto wreck, murder suspect Melvin Mitchell was "viciously beaten" by officers, claimed Mitchell's attorney, Dwight Thomas of Atlanta.

But Fayetteville police have received no complaints that officers used excessive force, according to police spokesperson Beverly Trainor. This particular claim is not being investigated by the department, but it would be looked into if a complaint were filed, Trainor added.

Thomas made the allegation after a court hearing Tuesday morning for Melvin Mitchell and his twin brother, Marvin Mitchell.

Both suspects face murder charges in connection with the collision that claimed the life of Jason A. Trotman, a Union City father of three who worked at Fayette Animal Clinic.

Officers are required to file reports when force is used during the administration of their duties, Trainor said. No such report was filed in connection with this case, she added.

During the hearing, Fayetteville Police Detective Bob Bautista said he was "not aware" that Melvin Mitchell was beaten by police officers at the scene.

After the hearing, Thomas said Melvin Mitchell was beaten by officers after he was apprehended near the scene of the crash. He told media representatives to note the facial injuries on a photo taken of Melvin Mitchell when he was admitted to the Fayette County Jail.

Police allege that the Mitchells wore masks when they entered the Ingles grocery store on Ga. Highway 92 South in the late evening hours of Sunday, March 31, and held employees at gunpoint. A witness in the parking lot phoned in a description matching the Mitchells' vehicle, which was pursued by police northward on Jimmy Mayfield Avenue and North Jeff Davis Drive moments after suspects left the area.

The Mitchells face charges of murder, armed robbery and kidnapping. Melvin Mitchell is also charged with a number of traffic offenses, including speeding and fleeing and attempting to elude a police officer.

Police recovered the cash and checks stolen in the robbery along with the masks used by the suspects, all of which were found in the Mitchell's vehicle, along with the guns used in the robbery, Bautista said. Those items were identified by store employees as being used by the assailants who robbed the store, he added.

Bautista testified that police believe the pair may have entered the store prior to the robbery and bought several items. The Georgia Bureau of Investigation is processing that evidence for fingerprints, Bautista said.

Magistrate Court Judge Robert Ruppenthal declined a request from defense attorneys to dismiss the murder charges on a technicality. Ruppenthal bound the suspects over to Fayette Superior Court.

Thomas said he planned to file a request for a bond hearing soon. He also said he plans to look into allegations that a police vehicle struck the Mitchells' Oldsmobile Alero before it collided with Trotman's vehicle at the intersection of North Jeff Davis Drive and Ga. Highway 85.