17 people arrested by NC cop caught on video beating black man will have charges dropped

The FBI is now investigating a North Carolina police officer who was captured on body-camera video beating a pedestrian he accused of jaywalking, and people he arrested will have their charges dismissed.

Johnnie Jermaine Rush was walking home from his job washing dishes at a Cracker Barrel in Asheville last August when he was shocked with a stun gun and beaten during a stop by police.

Christopher Hickman, now a former Asheville police officer, was charged with assault by strangulation, assault with intent to injure and communicating threats, according to the Buncombe County District Attorney’s Office.

The FBI has opened a criminal investigation, according to Patty McQuillan, spokeswoman for the State Bureau of Investigation, which is assisting federal agents.

The Buncombe County District Attorney also announced in a press release on Monday that 17 people arrested by Hickman will have their 27 collective charges dismissed. Because of the charges against him, Hickman is no longer considered "a credible witness" to the state.

The DA also will review any convictions on cases where Hickman was the lead officer from Aug. 24 until now, and move to set aside those convictions.

The leaked video taken near downtown Asheville shows Hickman, who is white, punching the head of Rush, who is black, on the night of Aug. 24.

The video begins with Officer Verino Ruggiero warning Rush about repeated jaywalking. After Rush is given the option of a citation or being arrested, he can be heard cursing out of frustration.

Hickman tells Rush to put his hands behind his back. Rush then runs, and Hickman is heard in the video during the chase saying “You are going to get (f-----) up hard core.”

Rush says several times he cannot breathe after being taken to the ground and shocked with a stun gun.

All charges against Rush, including assaulting a government official and jaywalking, have been dropped.

An administrative investigation determined Hickman used excessive force in violation of Asheville Police Department policy.

The N.C. State Bureau of Investigation twice rejected calls to look into the beating, according to The Asheville Citizen-Times, which first reported the story late last month and said that the SBI was again considering a request to investigate.

SBI spokeswoman Patty McQuillan said the SBI learned of the case in January. Typically the SBI is called to investigate immediately when an agency suspects criminal behavior on the part of an employee and state statute allows law enforcement and judicial officials to call on the SBI to investigate immediately. But agencies also are able to conduct their own criminal investigations, as Asheville chose to do, McQuillan said.

Police Chief Tammy Hooper met with Hickman on Jan. 5 with plans to fire him, but Hickman resigned first. City officials said Hickman was forced to turn in his badge and weapon the day after the beating in August.

Hooper issued a public apology March 1, saying, “The acts demonstrated in this video are unacceptable and contrary to the department’s vision and the progress we have made in the last several years in improving community trust.”

Hooper offered to resign herself, saying she would do so happily if it helped assuage outrage that erupted over the video.

Rush told The Citizen-Times that Hickman used racial slurs against him as he was being treated for his wounds.

Hooper ordered a review of more than 58 hours worth of footage from Hickman’s body camera, which “revealed four other instances where Hickman displayed discourteous and rude conduct to members of the public," according to a police department statement.

The city also filed a petition Monday asking for more body-camera recordings of the incident to be released on belief that doing so “is necessary to provide the public with full disclosure of the circumstances surrounding the arrest” and “to provide the public with all relevant information to understand the events that transpired.”

Fake "No Jaywalking" signs showed up in downtown Asheville on Monday following the scandal, according to a report from ABC13.

"Violators are subject to abuse by the Asheville Police Department. Abuse may include, but not limited to, punches, kicks and billy club strikes to the head, torso and extremities, electroshock administered by Taser gun, and gunshots to the body and head," the signs read.

At least three of the signs were found in the downtown area on Monday, and the city said it was working to track them all down and remove them.

This story was originally published March 12, 2018 at 6:02 PM with the headline "17 people arrested by NC cop caught on video beating black man will have charges dropped."