The North Carolina police officer who was seen on body camera videos beating a black pedestrian will not be federally charged.
US Attorney Andrew Murray said Friday that after a thorough and independent investigation, the evidence against former Asheville police officer Christopher Hickman does not warrant persecution.
Video from last August showed Hickman punching, choking and shocking Johnnie Jermaine Rush, whom officers had accused of jaywalking.
Hickman, who is white, was arrested in March on a state felony charge of assault by strangulation, plus misdemeanor counts of assault and communicating threats.
An arrest warrant said Rush suffered head abrasions and swelling and lost consciousness when Hickman pressed his arm on his throat.
US Department of Justice says no federal charges will be filed against former North Carolina police office Christopher Hickman (left) in the beating of Johnnie Jermaine Rush, 33
Footage was released of the white North Carolina officer putting the black pedestrian in a chokehold. City officials in Asheville, North Carolina, released nine body camera videos of the August 2017 encounter
The incident occurred on August 24 when Rush was walking home from a 13-hour shift at Cracker Barrel in Asheville when he was stopped for jaywalking
In March, city officials in Asheville, North Carolina, released nine body camera videos of the August 2017 encounter from multiple officers.
Earlier this year, a shorter clip obtained by The Citizen-Times newspaper sparked anger in the community and helped lead to assault charges against former officer Christopher Hickman which were later dropped.
Hickman was shown on body camera footage subduing, tasering and punching 33-year-old Johnnie Jermaine Rush in the head repeatedly after officers accused Rush of crossing outside of a crosswalk.
The incident occurred on August 24 when Rush was walking home from a 13-hour shift at Cracker Barrel in Asheville.
He had just cut through the parking lot of a business that was closed for the day when he was stopped by Verino Ruggiero, then an officer in training, and officer Hickman, for jaywalking.
Police body cam footage shows Ruggiero telling Rush, who’d just visited a local store, that he’d already warned him about jaywalking.
‘All I’m trying to do is go home, man. I’m tired. I just got off work,’ Rush explained.
The charges against Rush (right), which included assaulting a government official and traffic offenses, have since been dropped. Hickman (left) was arrested in March on a felony charge of assault by strangulation, plus misdemeanor counts of assault and communicating threats
After he was caught by the officers, what followed was a brutal beating, as Hickman was seen repeatedly punching Rush in the head, while yelling at him to put his hands behind his back.
Ruggiero told him: ‘I’ve got two options: I can either arrest you or write you a ticket.’
‘It doesn’t matter to me, man,’ Rush replied. ‘Do what you have got to do, besides keep harassing me.’
Rush then curses, to which Hickman responds by ordering him to put his hands behind his back. The 33-year-old then tried to run.
Video shows the officers take off in pursuit and Hickman yelled after him: ‘You know what’s funny is you’re going to get f****d up hardcore’.
One of the new clips from an officer arriving as backup appears to show Hickman using both arms to restrain Rush by his neck.
Police have previously said Hickman put Rush in a chokehold, but it was difficult to see on Hickman’s own body-worn camera that leaked to the newspaper.
A judge ruled one week ago that the new videos could be made public. North Carolina law generally prevents the release of body camera footage without court approval.
In another of the new clips, Rush argues that a supervisor who arrived on the scene, Sgt Lisa Taube, appears to put more faith in Hickman’s account than his.
‘You weren’t even here to see know happened,’ Rush is heard saying. ‘You’re just going by what your officer told you. There are two sides to every story.’
Taube then responds: ‘There are. And, thankfully, I’ve got body-worn video camera to watch afterward.’
Police have said Taube was disciplined for her handling of the case.
While the encounter happened late last year, it took six months for it to become public through the leak to The Citizen-Times.
Hickman, 31, was arrested in March on a felony charge of assault by strangulation, plus misdemeanor counts of assault and communicating threats.