MEMPHIS, TN - (WMC-TV) – Action News 5 has learned seven Memphis
Police officers have been suspended for a fight that happened just hours after
a fellow officer's death. Those officers were relieved of duty without pay.
Two suspects involved in that fight were arrested, and now they're
suing.
The incident happened July 4th, 2011, the same
night Memphis Police officer Tim Warren was shot and killed by a suspect at a
downtown hotel. Officer Warren worked out of the same police station where the
suspended off duty officers worked and where the altercation with the two
suspects happened.
The seven Memphis police officers were suspended without pay last
month after the incident at the building near Beale Street that used
to be the police entertainment district unit office. Police said off duty
officer Marico Flake was in the parking lot of the building at Linden and
Second.
Investigators said officer Marico Flake heard a loud disturbance
near the building. He approached the two men and told them to stop making noise
and leave the area. That's when an altercation started between the two men and
Flake.
The police affidavit says Officer Flake identified himself as an
off duty officer and one of the suspects said, "if you are off duty you need to
leave." Flake called for help. Off duty officers also in the area showed up.
According to a lawsuit filed by the two men, they claim officer
Flake was dressed in civilian clothing and never identified himself as a police
officer.
In the lawsuit their friends said they saw one or more of the off
duty officers discard alcoholic containers just before the altercation. The two
suspects say they were beaten by the off duty officers. They are asking for two
and a half million dollars in damages.
In administrative hearings held January 30th, officers Marico
Flake, Cecil Fowler, Steven Breth, Joshua Howard and Jonathan Barron were
suspended without pay on charges of using excessive force and personal conduct.
Officer Eric Lee was suspended without pay for using excessive
force, and officer Francis Cherry was suspended without pay for personal
conduct.
The two men who claim they were beaten, Michael McDonald and
Quinton Lytle were arrested and charged with disorderly conduct, public
intoxication and resisting arrest.
Even though the seven officers were suspended without pay, no
criminal charges have been filed against the men. The suspensions ranged from
four to 15 days.
Copyright 2013 WMC-TV. All
rights reserved
