New Orleans Man: I Wasn't Drunk

Retired School Teacher Says He's Baffled By Police Beating

(CBS/AP) 
Police Superintendent Warren Riley said any misconduct would be dealt with swiftly. He noted the video showed "a portion of that incident."

"The actions that were observed on this video are certainly unacceptable by this department," Riley said.

Two other officials in the video appeared to be federal officers, according to police. Numerous agencies have sent officers to help with patrols in the aftermath of Katrina.

Stephen Kodak, an FBI spokesman in Washington, said none of its agents had been disciplined. He said the FBI was taking part in the Justice Department's civil rights probe.

Davis said he had been walking in the French Quarter and approached a mounted police officer to ask about the curfew in the city when another officer interrupted.

"This other guy interfered and I said he shouldn't," Davis said. "I started to cross the street and — bam — I got it. ... All I know is this guy attacked me and said, `I will kick your ass,' and they proceeded to do it."

He said he did not know why the punches were thrown.

The confrontation came as the New Orleans Police Department — long plagued by allegations of brutality and corruption — struggles with the aftermath of Katrina.

The APTN tape shows an officer hitting Davis at least four times in the head outside a bar. Davis twisted and flailed as he was dragged to the ground by several officers. Davis's lawyer said his client did not resist.

"I don't think that when a person is getting beat up there's a whole lot of thought. It's survival. You don't have a whole lot of time to think when you're being pummeled," lawyer Joseph Bruno said.

Davis was kneed and pushed to the sidewalk with blood streaming down his arm and into the gutter. The officers accused of striking Davis were identified as Schilling and Evangelist.

Mayor Ray Nagin said, "I don't know what the gentleman did, but whatever he did, he didn't deserve what I saw on tape."

During the arrest, another officer, identified as Smith, ordered APTN producer Rich Matthews and a cameraman to stop recording. When Matthews held up his credentials, the officer grabbed the producer, leaned him backward over a car, jabbed him in the stomach and unleashed a profanity-laced tirade.

Police said Davis was booked on public intoxication, resisting arrest, battery on a police officer and public intimidation.

The head of the New Orleans police union said the officers told him they had acted appropriately.

"They feel they were justified in their actions and they were using the amount of force necessary to overcome the situation," Lt. David Benelli told WDSU in New Orleans.