ATTORNEY: 'Charges dropped against alleged victim of excessive force by two HCSO deputies'
UPDATE: Two Hamilton County Sheriff's Deputies are on paid leave and under investigation for alleged use of excessive force during an arrest on Wednesday.
Sheriff Jim Hammond shared dash cam video with District Attorney General Neal Pinkston. The videos were released to news outlets on Friday afternoon.
The videos show James Myron Mitchell being repeatedly punched and kneed by Deputies Daniel Wilkey and Bobby Brewer.
Mitchell's attorney Robin Flores says what happened to his client is unnecessary.
"Just because he is an ex-con doesn't mean that he gets treated any differently. We are not in Iraq. We are not in Russia. We don't take this justice out on the streets. There is no call for that,” Flores said.
According to the arrest report, the deputies searched Mitchell during a traffic stop and suspected he was in possession of a weapon.
The deputies did find marijuana in Mitchell’s pocket, which then led to a cavity search.
"I don't have all the records yet. I know one of his injuries he is being treated for is a result of the cavity search,” Flores said.
The charges against Mitchell were dropped on Friday by District Attorney General Neal Pinkston.
Flores praises Pinkston’s decision, but believes it's now up to the sheriff's office to make sure no officer does this again.
"He's got to hold his officers accountable. There are next steps that I anticipate Mr. Mitchell will take that will include civil rights litigation. It depends on how they respond to it and how they make it right once their officers have done something like this. I would hope they don't say ‘well we've dismissed the charges’ and that's it. This man was savaged,” Flores said.
The local chapter of the NAACP says a press conference on Mitchell’s arrest will be on Saturday at 4:00 p.m. at the group’s headquarters on E. MLK Boulevard.
Flores says he and Mitchell plan to meet with a judge on Monday in order for him to get back the money the deputies confiscated from him.
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PREVIOUS UPDATE: The attorney for a man, who is accusing two Hamilton County deputies of excessive force during his arrest on Wednesday, says the charges against his client have been dropped.
Attorney Robin Flores says the charges against James Myron Mitchell have been dropped.
Mitchell was originally charged with drugs general category for resale, possession of controlled substance, possession of drug paraphernalia, tampering with or fabricating evidence, and resisting arrest or obstruction of legal process, following a traffic stop in Soddy Daisy Wednesday night.
The Hamilton County Sheriff's Office and District Attorney's Office announced during a press conference on Friday that both deputies, Daniel Wilkey and Bobby Brewer, are under investigation over the arrest on July 10.
The local chapter of the NAACP says a press conference will be held at the organization's location on Saturday at 4:00 p.m.
A member of the NAACP released the following statement to Channel 3 about the case:
“I have never seen this before,” said Dwight Smith with the NAACP. “We pray that these officers not only be taken off the force, but charged with the horrible crimes they committed. This has to stop. It has gone entirely too far.”
The two officers are on paid administrative leave pending the investigation.
Stay with the WRCB app for updates to this story.
ORIGINAL STORY: Hamilton County deputies arrested a man for resisting arrest and several drug-related charges, following a traffic stop on Wednesday night.
The traffic stop happened in the 500 block of Tsati Terrace in the Hixson/Soddy Daisy area.
According to the arrest report, Deputy Daniel Wilkey stopped a gold 2000 Buick sedan because the window tint was too dark.
Deputy Wilkey reported that he could smell marijuana coming from the car as he approached it. He reported that it was the only vehicle in the area.
The report says the passenger, James Myron Mitchell, admitted to smoking a joint before the traffic stop happened.
The report says Mitchell became combative with Deputy Wilkey and a second officer, listed as Deputy (Bobby) Brewer, as he was being searched.
Deputy Wilkey reported that he could feel a “hard object” in the crotch of Mitchell’s pants and gave him several commands to comply with the search but Mitchell would not listen.
The report says Deputy Wilkey “delivered a knee strike” to Mitchell’s upper thigh because he did not know if the “hard object” was a weapon or narcotics and Mitchell was reaching for the unknown object.
The report says Mitchell began kicking at both deputies for “several minutes,” forcing Deputy Wilkey to deliver “closed fist strikes to Mr. Mitchell’s upper thigh and buttocks until compliance was gained.”
Deputy Wilkey reported that the hard object in question turned out to be crack cocaine with a field weight 1.16 grams.
The report says Mitchell admitted that the crack cocaine and marijuana found during the search belonged to him.
Mitchell is charged with drugs general category for resale, possession of controlled substance, possession of drug paraphernalia, tampering with or fabricating evidence, and resisting arrest or obstruction of legal process.
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