Officer Not Indicted For Second Time

[Robbien]

Source: Eyewitness News WRCB

Chattanooga (WRCB) -- It's becoming more clear that a Chattanooga police officer will not face criminal charges for shoving a Walmart greeter on Christmas Eve incident.

It's jaw-dropping surveillance video that's hard to watch no matter how many times you see it. Walmart greeter Bill Walker is seen being shoved, after he approaches Officer Kenneth Freeman. The officer shoved Walker so hard, the greeter fell to the ground.

"There's an old saying, that we say jokingly, that you can indict a ham sandwich," explained attorney Robin Flores. "Apparently, you can't do that in Hamilton County."

. . .

Nevertheless, Walker's determined to have his day in court. Last month, he filed a $21 million lawsuit against Freeman, another officer, and the city of Chattanooga. It claims Freeman violated Walker's civil rights when he shoved him.

. . .

Even if the court rules in Walker's favor, Eyewitness News has learned he may never get his money. Freeman filed Chapter 13 bankruptcy last week, claiming he owes more than his home is worth. Another 20 banks and businesses are also listed as creditors.

This is the third time in 15 years, Freeman's filed bankruptcy. We also looked into how many internal affairs investigations have involved Freeman. A spokesperson for Chattanooga Police says there have been 27.

Read more: http://www.wrcbtv.com/Global/story.asp?S=9989962

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The article said Walker didn't plan on suing Freeman until he found out the court had no plans on indicting the officer.

[1monster]

1. Why is (was) this man still a police officer, even before he shoved the greeter?

Where there is persistant smoke, a fire is somewhere in the area no matter how well hidden.

Twenty-seven IA investigations would say loudly that there was a whole lot of persistant smoke.

[Alcibiades]

2. Here's another story in this

http://www.youtube.com/watch?v=fzT2TTzTIfk

Great reporting. Q. "You feel like you were assaulted." Hey, we all saw the video. He was assaulted.

Shoving an elderly 5'4" man who is just trying to do his job? If anyone who had also assaulted a lawyer in a courthouse did this on video anywhere in the country, they would be going to prison. Walmart would make sure of it. But he's a cop, so he gets a pass.

[1620rock]

3. Another rogue cop engaged in thuggery who won't be held accountable.

[happyslug]

4. Comment on the Bankruptcy part

If the officer filed Bankruptcy 15 years ago, I am assuming it was Chapter 7 NOT chapter 13. He then could only file another chapter 7, Seven years later, and then under the 2005 Reform Act Eight years later (i.e. he is barely eligible to file Chapter 7 now, if he can).

As to Chapter 13, debts are reorganized NOT discharged. Chapter 13 can be filed any time, but can only be converted to a Chapter Seven within the time periods set for Chapter 7 (i.e. once every eight years). He is probably beaned in his house payments and hoping to use Chapter 13 to get caught up on the payments. You can NOT do that in Chapter 7, but it is possible in a Chapter 13 (But Chapter 13 have a 95+% failure rate, so he is probably on his way to lose his home anyway.

One last comment, unlike ordinary debt, debt do to criminal activity is NOT discharge in bankruptcy. Thus this lawsuit may have to be delayed do to the Bankruptcy, but any judgment will still have to be paid. Just because he was NEVER convicted does NOT make this a discharge debt, it was the result of violent criminal activity and if that is want the Jury finds to be the case it becomes non-discharge in Bankruptcy.