A disabled Vietnam veteran accused NC troopers of assault — but a jury disagreed
Four N.C. state troopers accused in a lawsuit of assaulting a disabled Charlotte-area Vietnam veteran have been cleared of the allegations.
According to his 2021 complaint, Jerry Baxter of Lincoln County said N.C. Highway Patrol troopers Randall Neal, Brian Black, Joshua Craig and Chuck Lee beat and choked him in the front yard of his home in 2018 while his wife and 4-year-old grandson watched.
One of Baxter’s attorneys, George Hyler of Asheville, said his client was the victim of a gang attack. “Except the gang was wearing badges and uniforms.”
But after a one-day trial on Sept. 20, a federal jury in Statesville found in the troopers’ behalf on all counts.
Did the officers violate Baxter’s constitutional protections against unlawful searches or seizures?
No, the jury said, according to its verdict sheet.
Did one or more of the troopers assault or batter Baxter?
No, the jury said once again.
Did they key Baxter’s vehicle?
Also no.
In response to an email from The Charlotte Observer on Monday, State Highway Patrol spokesman Sgt. Christopher Knox declined comment. Assistant Attorney General Bettina Roberts, who defended the troopers during the trial, did not respond.
Hyler, one of Baxter’s attorneys, also did not reply.
In his lawsuit, Baxter claimed the troopers came onto his property outside of Cherryville on Feb. 28, 2018, without warrants, looking for Baxter’s son, Travis. Baxter said his son wasn’t there and asked the troopers to leave. They refused.
Tensions escalated, according to the complaint. When Baxter told his wife to call the FBI, one trooper put him a chokehold while others punched him.
Jerry Baxter was later convicted in Lincoln County District Court of resisting, delaying or obstructing a public officer.
This story was originally published October 4, 2022 at 5:45 AM with the headline "A disabled Vietnam veteran accused NC troopers of assault — but a jury disagreed."
