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Ala. police chief found guilty of federal assault, excessive force

HUNTSVILLE, Ala. -- A northeastern Alabama police chief has been found guilty on charges of using excessive force and assaulting a man who was being arrested.

Stevenson Police Chief Daniel Gordon Winters was convicted Thursday. The 36-year-old Winters was indicted in January on two counts of deprivation of civil rights under color of law.

Winters' sentencing is scheduled for Oct. 27.

Winters was found guilty of physically assaulting David Fulmer in March 2015 and failing to stop another officer from using unreasonable force. The indictment says the victim suffered bodily injuries while being arrested.

Court records show Fulmer was arrested in connection with a burglary. He was indicted last year on one burglary charge, first-degree theft and receiving stolen property.

In March 2015, a friend of Winters, businessman Bobby Hicks, discovered his funeral home had been burglarized, including a grandfather clock.

Federal prosecutors told jurors that the two men went into a home and began beating the burglary suspect, Fulmer, CBS affiliate WHNT.

The defense said Fulmer came running towards Chief Winters and Hicks. Defense attorney Robert Ray said Winters didn't have a gun or handcuffs to subdue the suspect.

Robert Posey, first assistant U.S. Attorney for the Northern District of Alabama, said they were pleased with Thursday's verdict, WHNT reported.

"These kind of cases can be difficult for the prosecution, but civil rights enforcement is a priority for our office," Pose said. "The trial team did an excellent job putting the case together for the jury."

Winters' lawyer did not immediately respond to a request for comment.

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