By Richard C. Lewis, Associated Press Writer | May 24, 2005
PROVIDENCE, R.I. --An FBI-led investigation concluded that authorities
did not use excessive force in their handling of Esteban Carpio, who is
accused of killing a detective with his own service weapon at police
headquarters.
After he appeared in court badly bruised and swollen, blood oozing from
the plastic spit shield he was wearing, Carpio's family complained that
the 26-year-old was a victim of police brutality.
But Boston FBI Special Agent in Charge Kenneth Kaiser said Tuesday that
a monthlong review of the department's handling of the case, including
interviews with more than a dozen civilian witnesses, found no civil
rights violations.
"If he's fighting police officers, the officers have a right to use
whatever means necessary to subdue the suspect," Kaiser said in a news
conference with local and state police. "From personal experience, I
think the police officers and correctional officers used amazing
restraint with Mr. Carpio."
The FBI report has been given to the U.S. Department of Justice's civil
rights division for review. A panel led by the FBI and including members
of the state and Providence police conducted the probe.
Clifford Montiero, head of the Providence chapter of the National
Association for the Advancement of Colored People -- whose New England
chapter requested the probe -- called the findings a "logical and
rational conclusion."
Montiero, a former Providence policeman, said the arresting officers
could have used deadly force, since Carpio's crime was a felony.
"This was no walk in the park. This was a tough arrest," he said.
The Rhode Island chapter of the American Civil Liberties Union said it
believes investigators addressed the group's concerns, but wanted to see
the report to judge whether the investigation was thorough.
Law enforcement officials had said Carpio hurt himself jumping from a
third-story window and struggling with officers after he fatally shot
Detective Sgt. James Allen with the detective's weapon while Allen was
interviewing Carpio at police headquarters on April 17.
The FBI said blood and skin were found on the shattered glass. Two
witnesses told investigators they saw Carpio hanging from the window,
fall to the road, get up and run away. Carpio told authorities he fell
on his face when he jumped out the window, Kaiser said.
Five officers converged on Carpio on a downtown street, sparking a
violent struggle as the officers tried to subdue Carpio and handcuff
him. Kaiser said officers punched Carpio several times, including once
in the face. He said the suspect punched, kicked and at one point lodged
his hand under his stomach to avoid being handcuffed.
"There were certainly injuries that occurred during that 10-minute
struggle," Kaiser said.
The officers did not use night sticks or any other weapons during the
arrest, authorities said. Police Chief Dean Esserman said officers did
not draw their guns.
"It doesn't matter that a police officer had died," Kaiser said. "It
matters that they used appropriate force to subdue a suspect in any
situation, period."
"Once they put handcuffs on him, they didn't touch him again," Kaiser added.
The FBI found no video from any businesses in the arrest area, Kaiser said.
A woman who called a cab for Carpio during his escape told investigators
Carpio was bleeding from his hand and face and that his forehead was dented.
Carpio was taken to Rhode Island Hospital, then returned to Providence
police headquarters, where he was put in a holding cell with rubber
walls. He began banging his head against the walls, Kaiser said.
Carpio was turned over to the state Department of Corrections on Sunday
afternoon. He told guards he may be infected with a disease, and wrote
about the disease in blood on a wall, Kaiser said.
Some officers have taken medication because Carpio said he may be infected.
When Carpio appeared in court the next day, badly bruised and bleeding,
his family accused police of using excessive force. Questions poured in
to the local branch of the NAACP, which called on the FBI to investigate.
Carpio and his family declined to talk directly with investigators,
instead referring questions to their lawyers. And the FBI was not given
access to his medical records, Kaiser said.
Carpio's attorney did not immediately return a phone message.
Esserman said he was satisfied with the findings and that all officers
cooperated in the investigation.
Authorities released three pictures of Carpio, from about 8:15 a.m. when
he was brought back from the hospital, from 1:00 p.m. when he was
leaving the holding cell at the police station and transferred to
Corrections officials, and at 1:45 p.m., before he entered the Adult
Correctional Institutions. The photos showed Carpio with stitches on his
head, cuts on his face, and his left eye swollen shut.
> My God, how disappointing for the liberals :-)
It is kind of surprising how simply the report was received by the
NAACP...
The ACLU? They of course(2 years out of law school most investigators
and 1/2 not even passed the bar) want to examine the procedures
involved in the investigation(by veteran FBI investigators{all lawyers
as well as LEOs}), to ensure the process was adequate. Gee, I wonder
which will receive the most attn by the media...the detailed and
competent investigation by experienced professionals, or the review of
reports by inexperienced non-professionals with questionable legal
knowledge with a political agenda...<G>