Initially cleared by an internal department investigation, the policemen involved in the shootings returned to duty. One subsequently resigned, but six are still NOPD officers. Discrepancies in the police reports and the autopsy report and eyewitness accounts led the Orleans D.A., Eddie Jordan, to investigate.
In December 2006 Jordan brought the case before the Grand Jury and got indictments. Sgt. Kenneth Bowen, Sgt. Robert Gisevius, officer Anthony Villavaso and former officer Robert Faulcon, were charged with first-degree murder. Officers Michael Hunter, Robert Barrios and Ignatius Hills were indicted on attempted murder charges. Bail was denied for the murder suspects and set at $100,000 per count for the others. Lance Madison was cleared. District Attorney Eddie Jordan said “We cannot allow our police officers to shoot and kill our citizens without justification like rabid dogs.” However Jordan failed to mention that three of the officers - Robert Barrios, Ignatius Hills and Mike Hunter Jr. - were indicted after they were granted immunity to testify before the same grand jury.
Chief Riley objected, calling Jordan's comments unprofessional. The raises more speculation about the effectiveness of the Criminal Justice System with a feud under way.
The Fraternal Order of Police called Jordan's actions political pandering. They claim the DA presented a coerced and distorted picture to the Grand Jury. As an example they claim Jordan told the grand jury that Madison was shot seven times in the back when in reality he was shot once and hit by seven pellets from the shotgun fired. The autopsy report doesn't clear this up for me as it mentions "round metal bullet/shot".
(see NPR report).The cops reported to Central Lockup on January 2, 2007 in another racially charged moment in the city. About 200 people showed up for their arrival. The vast majority were supporters urged by the Fraternal Order of Police to show support, but there were a handful of African-American protesters calling for an end to racism and police killing. They were shouted down with chants of "Heroes!" and "N-O-P-D" from the supporters.
January 5, 2007 all seven plead not guilty and are released under bond to home arrest. DA offers no objection to release (peace making?). Protesters (N.O. own wingnuts) are there to commemorate the moment.Just for the record the victims were black, the DA was black and had a history of racially motivated behavior. Three of the seven cops are white. Ryder is white. The cops are going to jail to await trial.
After 16 months I wonder what danger these guys represent to the community or as flight risks? Do you think Eddie Jordan is related to Mike Nifong, the Durham DA involved in the Duke Lacrosse team affair? CNN, NBC and the rest of the media are having a feeding frenzy on this story as the cops report to jail on January 2, 2007.
February 1st the six cops are back at work performing administrative duties.
June 15, 2007 sees the next move in this chess game. Eddie Jordan now wants Judge Raymond Bigelow to recuse himself because of conflicts of interest. Bigelow had acknowledged ties to the defendants and the fraternal order of police at the first hearing in January 2007 at which time Jordan announced he did not object to Bigelow presiding. Now he does. I wonder what happened. It looks suspiciously like it has to do with Bigelow's demand that exculpatory evidence be provided to the defendants. Bigelow ruled that transcripts from grand jury testimony from two witnesses be provided to the defense. Jordan agreed to one and is appealing to the La. 4th Circuit on the other.
August 13, 2008 appears to be the end of this fiasco. Spurred by a defense motion alleging misconduct by prosecutors, Judge Raymond Bigelow "quashes" the indictments and throws out the charges. Apparently Assistant District Attorney Dustin Davis, who has since left the office, admits he showed a snippet of grand jury testimony to the supervisor of several of the accused officers.