The Fayette Citizen-News Page

Wednesday, May 1, 2002

Probe shows no abuse in murder suspects' arrest

By JOHN MUNFORD
jmunford@TheCitizenNews.com

A Fayette County sheriff's deputy used appropriate, but not excessive, physical force to arrest an armed robbery suspect after a high-speed chase through Fayetteville last month, officials said Tuesday.

The suspect's attorney was "greatly exaggerating" in charging last week that his client was beaten by arresting officers, according to the Fayette County Sheriff's Department.

A videotape of the incident showed the tactics used on Melvin Mitchell were not abusive, said Maj. Bruce Jordan, director of investigations for the Sheriff's Department. The deputy's duty status has not changed, Jordan said.

"If something was blatantly abusive, we would have changed his duty status, but the use of force was not that bad," Jordan said.

Fayetteville Police Chief Johnny Roberts said no Fayetteville officers used force during the incident. The police department has already reviewed the matter, he noted, pointing out that the sheriff's department made the arrest and Fayetteville police "took custody after they apprehended him."

The deputy told investigators that force was used to subdue Mitchell because the suspect wouldn't reveal his hands after he was ordered to do so, Jordan said. The suspect could have been hiding a weapon, Jordan said, adding that Melvin Mitchell and his twin brother Marvin were armed during the robbery of the Ingles grocery store minutes before their arrest.

As it turned out, both suspects were unarmed when they were arrested, having left their guns in the vehicle, Jordan said. Deputies had no way of knowing that at the time, Jordan added.

The Mitchells were pursued on foot by Fayette County deputies and Fayetteville police officers after bailing out of their car once it struck another vehicle at the intersection of North Jeff Davis Drive and Ga. Highway 85. Jason Trotman of Union City, the driver of the SUV that had stopped for a traffic light, was pronounced dead at the scene.

The collision ended a pursuit led by a Fayetteville police officer which reached speeds over 100 mph, according to police.

Melvin and Marvin Mitchell face murder charges for Trotman's death, along with armed robbery, kidnapping and a host of other related charges.

Melvin Mitchell's attorney, Dwight Thomas of Atlanta, claimed last week that Mitchell was "viciously beaten" when he was arrested. But Jordan countered that Tuesday, saying Melvin Mitchell was treated at the hospital "mainly for the injuries he received in the accident."

"He (attorney Thomas) is greatly exaggerating the nature of what's on the video," Jordan said. "... The only wounds found on him (Melvin Mitchell) were ones caused by the wreck."

Jordan declined to give specifics about the deputy's tactics to subdue the suspect, saying the matter is part of an internal investigation to make sure no department policies were violated.

The department's internal investigation on the incident is expected to wrap up next week, Jordan said. The videotape will also be reviewed by an expert on defense tactics to insure that the appropriate amount of force was used, Jordan added.