The Washington Post
March 30, 1978, Thursday, Final Edition
Va. Policeman Is Cleared of Beating Youth;
Brutality Charges Dropped Against Policeman in Fairfax
BYLINE: By Blaine Harden, Washington Post Staff Writer
SECTION: Metro; C1
LENGTH: 676 words
Police brutality charges brought by the father of a
16-year-old Fairfax County youth who witnesses said was beaten while being
arrested at a Franconia roller rink in January were dismissed yesterday by
Fairfax County Police Chief Col. Richard A. King.
King said he accepted the decision of a police trial board,
which found that Officer Keith M. Florence did not use "excessive physical
force" in the Jan. 6 arrest of Howard L. Cadle of 6707 Wakefield Dr. at
the Franconia Roller Rink.
Florence is one of three county policemen from the Franconia
district station who arrested Cadle on a Juvenile Court warrant for violating
probation. Witnesses to the arrest, which took place in the back room of the
rink, said they saw policeman hit Cadle, who was wearing roller skates,
repeatedly on the head and shoulders with their billy clubs.
King said yesterday that "in the process of arresting
Cadle, the officers resorted to force, which required that Cadle be given
medical treatment." The youth was treated at Mount Vernon Hospital after
the arrest for scalp cuts and multiple bruises on the shoulders and back.
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Brutality charges against the other two arresting officers,
Robert T. Hubbard and James F. Kelly Jr., were dismissed without a trial board
hearing because of insufficient evidence, King said.
King did not release a police version of why Calde was
injured during the arrest, and he refused comment on how the decision was made
to drop charges against the officers. King said all findings of the police
department's internal affairs section are not public information. He asked that
the public "have a little faith" in the integrity of his police
force.
Lacy Cadle, the father who filed the brutality charges, said
yesterday he was "totally surprised" at the police findings. He said
he was planning further action in the matter that will be "independent of
what the police do." Cadle's attorney, Thomas H. Dameron, called
yesterday's decision "extremely unfortunate."
In his announcement yesterday, King said he was breaking a
precedent for the county police by publicizing internal affairs action. He said
the announcement was made to "assure the public that we do an in-depth
investigation."
Three of the five other major police departments in the
Washington area make public the findings of police trial boards, which usually
are three or four persons panels made up of police officers or citizens.
Arlington, Prince George's County and the District of Columbia release trial
board findings, police spokesmen said yesterday.
In Alexandria, trial board information is not released, and
in Montgomery County releas is up to the chief of police.
King said yesterday he opposes the release of all trial
board findings because of his feeling that internal affairs information
"in general" should be kept secret.
King was asked about other recent allegations of police
brutality stemming from a melee at a Rte. 1 night club on March 18. Several
patrons of the One South Restaurant Night Club have filed brutality complaints,
claiming that police went on a rampage in the club, striking and arresting
patrons who were doing nothing illegal. King said he could not comment on the
matter because it was under investigation.
"It is a sign of the times," King said, that
complaints about brutality are made "that may or may not have
foundation." He said also the police department screens its employes
carefully, "We don't have any sadist on the department," he said.
The trial board that found Florence did not use excessive
force arresting Cadle was made up of a police captain, two lieutenants and two
officers of Florence's own rank.
Because of a new law passed this year by the Virginia
legislature, the so-called "policeman's bill of rights," the make up
of trial boards after July 1 will be changed. The police department will choose
one member, the defendant will choose another and the third member will be
chosen by the first two.
The law applies to all police departments in the state with
10 or more members.