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3 Former Wake Deputies Indicted in Garner Restaurant Assault

Posted December 12, 2006
Updated December 22, 2006

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— Three former Wake County deputies were indicted Tuesday on charges of misdemeanor assault stemming from an attack on a Garner man at a restaurant in August.

Robert Wise told investigators he did nothing to warrant an attack and that the deputies assaulted him in the parking lot of a Garner Applebee's on Aug. 26, because they did not like the way he parked.

"Police officers, like some other people in society -- teachers and other groups -- we allow more latitude than others, but they, too, can (cross) over the line," said Wake County District Attorney Colon Willoughby. "And in this case, that's what the grand jury thought happened."

After the incident, Wake County Sheriff Donnie Harrison immediately called the State Bureau of Investigation to look into the allegations. Nearly three weeks later, Katie Broda, Kevin Hinton and Christopher Roth resigned.

Broda's and Roth's attorneys said their clients were disappointed by the indictments and will plead not guilty to the charges.

"Chris Roth is going to plead not guilty," said his attorney, Hart Miles. "He looks forward to being heard in court and will present a very different version of events than Mr. Wise has presented."

Wise said he, his wife and 11-year-old daughter were leaving the restaurant when a man came up to their car window and started yelling at them about taking up two parking spaces.

He said the man did not identify himself as a law enforcement officer and tried to pull him out of his car. He said he was beaten, pepper sprayed and handcuffed before being taken to a local hospital for treatment.

Roth had been with the sheriff's department for nine years, Hinton for seven and Broda for five.
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