The Wilmington morning star., 1947-10-09
abused, as it wal in the Hines case, we snail

brutality.
1t will carry its opposition to IT from the
lowest patrolman through to City council
At the same time, it will support all law
enforcement officers within their just rights.
Patrolman Jordan and others with ability
and self-control similar to that Which ne
exhibited have nothing TO fear. lncloen-
tal1v the defendant in this case pleaded
guilty and was given a 60-day road sentence.
Now, for the case of Patrolman Hines.
Sometime ago, he arrested one Luby Kelly
m charges of being drunk and disorderly
and later resisting arrest.
Appearing in Recorders court with
bloody injuries between the eyes" ne testl-
fled that he was blackjacked soon after ne
was placed in a police car manned by OF
ficers Hines and w. N. Jordan. During the
trial, Patrolman Hines testified that ne
struck the defendant while he was IN jail
after he had grabbed him (Hines) and MI
him on the face. Hines further told the court
that 81 hit him with my fist and he fell to
the floor" ct is impossible not to note that
Patrolman Jordan's prisoner was on the
street, where he could nave escaped had
he overcome the officer, while Patrolman
Hines charge was in jail.)
Chief Hayes began an investigation OF
the Hines occurrence within a few hours
after it was aired in court and the following
dav punished the policeman for Excessive
force in making an arrest" The penalty
was transfer from patrol car duty to a beat
on the II p. m. to 7 a. m. shift for four
months and to be on duty for ten consecu-
tive weeks without a day off.
A final report on the instance was SUBJ
mitted by the Chief to City Manager J. r.
Benson several days ago.
The City Manager considered the state
ments from ten witnesses, eight of them
law enforcement officers, and made further
investigation. After his study, he concurred
with the Chief in the punishment given
Patrolman Hines.
Yesterday, Mr.. Benson submitted the
statements obtained by the Chief as well
as his letter to the departmental head, 70
City council.
We consider the collection of reports a
most one-sided handling of a supposedly
formal investigation.
First. there is no statement from Kelly.
We do not know whether there was an effort
to obtain one. No mention is made of it.
Second. there is a startling discrepancy
.-zu4al %ac{;pooru JInHar oath
Of the principal witness, Jailer James M.
Ray, and the statement he gave Chief Hayes.
Here is the newspaper account which Mr.
Raw has never officially challenged and
which we shall continue to presume is what
he said in Recorders court:
Assistant Jailer Jimmy Ray, who was
called from home by Judge Smith to TESTIFY,
said he didn't see Kelly strike Hines but
said he did see Hines strike Kelly ana
added, I rushed over to Kelly's side and
asked Hines not to hit him any more"
Here is the corresponding passage in the
statement Mr.. Ray gave Chief Hayes:
"When Officer Hines took the handouts off
of Mr.. Kelly, he attempted to strike Officer
Hines and in the ensuing scuffle l saw
Officer Hines strike one blow on the person
of Luby Kelly knocking him to the floor.
warned Officer Hines not to strike the man
any more and upon observing that the blow
that Officer Hines had inflicted Upon Nh.
Kelly had caused some damage to his fore
head and blood was running from the cut,
| told Officer Hines that he would have to
take the man TO the hospital"
During the trial, Patrolman Hines told
Judge Smith that he couldn't remember
how many times I've beaten people in the
last six months As far as we know, this
remark has not been denied by the officer.
In Mr.. Benson's letter to Chief Hayes, in
which he concurred with the departmental
head in the punishment melted out to
Patrolman Hines, the city manager said:
"You advise that the records of the Police
department do not reflect any instance OF
Mr.. Hines using excessive force prior to
this case"
Apparently the variance between court
testimony, as quoted in the press and not
denied, and others, later statements are going
to be ignored.
Mr.. Benson is satisfied with Chief Hayes
disposition of the incident. Obviously the
matter is now a closed one.
But we are glad to see one outcome of the
case. That is the City Managers suggestion
to the Chief that he advise all officers OF
YOUR department that the use of excessive
force in carrying out their duties will MOI
be tolerated, and in the future, any officer
found guilty of same will be severly deal
with. An officers conduct must be such
that he will command the respect that hi
has a right to expect"
~.--. Tordop IL . oOod examp1n nj