ECU fires officer, Greenville police call in FBI over assault case

East Carolina University has fired a campus police officer over his response to the group beating of a black man on campus last month, and the Greenville police have asked the Federal Bureau of Investigation to review the case for possible hate crime charges.

University officials said the officer, Ralph Whitehurst, was given notice of his dismissal Tuesday for violating “multiple police policies,” according to ECU Police Chief Gerald Lewis. Whitehurst, who is white, was not accused of using force in the March 17 incident, but he handcuffed the victim and did not follow protocols and procedures in investigating the crime, Lewis said. Whitehurst, a sergeant, had been at ECU for 12 years.

“Our responsibility as police officers is to help and provide aid, and that did not happen in this instance in a way that was appropriate for someone who had been badly assaulted,” Lewis said. “This is not acceptable. This response does not represent what we expect of our officers, nor is it representative of our reputation in the community.”

The man who was beaten, Patrick Myrick, 26, also has been charged with assault on a female. He is accused of hitting a woman named Amber Best, 23, and knocking her to the ground in what began as a verbal altercation outside a downtown Greenville bar.

Several people then assaulted Myrick in front of a sandwich shop, then chased him a short distance to ECU’s campus, where what ECU officials described as a “brutal group beating” continued. Best had visible injuries to her face but was not transported to a hospital, police said.

At a joint news conference Tuesday with ECU officials, Greenville Police Chief Mark Holtzman said the FBI was called in for oversight and an impartial look because of “a lot of concern in the community about a racial overtone” in the case.

“I think it was warranted in this case to ask for some outside support,” Holtzman said.

He said his department had found no evidence of “ethnic intimidation” under state law, but the FBI will look at whether federal charges could be brought.

The beating was captured on surveillance tape both downtown and on campus, but officials with Greenville police and ECU refused Tuesday to release the footage to The News & Observer. They cited concerns from Pitt County District Attorney Kimberly Robb about successful prosecution in the case.

Holtzman said the video is a key record and piece of evidence. Robb asked the police department and ECU to withhold it from the public until after the judicial process is complete, Holtzman said.

“I believe in that approach,” he said. “I support that approach.”

Amanda Martin, attorney for The News & Observer and the N.C. Press Association, said the law is clear that the use of a record in connection with a criminal investigation has no bearing on its status as a public record. The law also is clear, she said, that the legislature intended the public to have an understanding of what takes place in the events leading up to an arrest.

“I think it would be appropriate for ECU and the Greenville Police to release the video, which would be the best evidence of what really took place,” Martin said. “This obviously is an issue that will garner a lot of public concern and legitimate attention, and it would be better for everyone – the police, the people involved and the public – to release the video rather than having people speculate or gossip about what may have taken place.”

Five people have been charged with assaulting Myrick, who was hospitalized with injuries last month. Greenville police announced Tuesday that a sixth person, Christopher James Hill, 22, of Greenville, is wanted for assault inflicting serious bodily injury. He had not been arrested because he is in a medical facility outside the state, Holtzman said.

Charged with two counts each of assault inflicting serious injury were Theresa Marie Lee, 25; Mack Humbles, 26; and Mark Privette, 33. Jesse Clay Wilbourn, 22, and Chase Montanye, 19, were each charged with one count of assault inflicting serious bodily injury.

Lee and Wilbourn were ECU students at the time but no longer are enrolled, an ECU spokeswoman said.

Lewis, the ECU police chief, said an alert dispatcher saw the assault occurring on surveillance camera footage and sent officers to the scene. The chief said the responding officer did not witness the assault but saw Myrick being held down.

Lewis said the officer didn’t follow procedures and didn’t gather information from the victim or the witnesses.

The university will implement additional training on fair and impartial policing, Lewis said. ECU also will add a position in the police department to review video of officers’ responses.

Steve Ballard, ECU’s chancellor, said the campus generally is a safe environment.

“We have zero tolerance for this,” Ballard said. “We’re going to deal as swiftly and as effectively as we possibly can when there’s any wrongdoing. Two students are no longer enrolled at ECU because of their role in this, and one police officer was dismissed today. …

“Our values are strong at ECU, and this incident was a rogue incident that does not reflect who we are as a campus. We value respect; we value tolerance.”

This story was originally published April 19, 2016 at 3:53 PM with the headline "ECU fires officer, Greenville police call in FBI over assault case."