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Man Says Ex-Wake Deputies Cursed, Beat Him

Posted April 3, 2007

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— A Garner man testified Tuesday that three Wake County deputies beat him up last summer as he and his family tried to leave a local restaurant.

Robert Wise said three undercover Wake County deputies—Katie Broda, Kevin Hinton and Christopher Roth—cursed and hit him in front of his wife and daughter last August. He said the deputies were angry because he took up two parking spaces outside an Applebee's on U.S. Highway 70.

Two weeks after the alleged incident, all three deputies resigned from the Wake County Sheriff's Office. Sheriff Donnie Harrison has since apologized for his deputies' actions.

Roth is the first of the trio to be tried on an assault charge stemming from the incident. The trial is expected to go to the jury Wednesday.

Roth testified late Tuesday that he didn't do anything wrong. He said he felt it was his duty to investigate why Wise was occupying two parking spaces outside the restaurant.

Earlier Tuesday, Wise, his wife and daughter testified about the altercation.

"The (deputies') vehicle got almost halfway in front of us and then came to a sudden jerk (stop)," Wise said. "The driver of the car jumped out of the car and ran around his car and all the way up to my window, cussing the whole way."

He said he didn't know the three were law enforcement officers, and he refused to get out of his truck when they yelled at him.

"(One) said, 'I got his leg.' The other started hitting me in the face until either the twisting of the foot or the banging of the face caused me to come out of the car," he said.

Broda testified Tuesday afternoon that she and her fellow deputies were upset with Wise's actions.

"We just couldn't believe it. It just seemed arrogant, I guess, to us that someone would take up (two spaces)," Broda said. "They were parked right on the middle—the line was right through the middle of their car."

Hart Miles, Roth's attorney, has maintained that Wise instigated the incident. Broda said she was scared as the confrontation escalated, adding that Wise became more aggressive toward the deputies.

"(Wise) rolled down the window on the (car) door and leaned out the window and was waving and yelling," she said. "I've been in a lot of bad situations in my career, and I'll admit I was terrified. I was really scared."

But other law enforcement officers responding to the scene said the three deputies crossed the line in handling the situation.

"It appeared the entire incident was over double-parking, and it all could have been left alone," Wake County Deputy Anthony Lochlear testified.

Wise testified that the former deputies started using pepper spray on him and wound up spraying his daughter, who was 11 years old at the time.

Wise's daughter, Diamond, told the court she was scared.

"I started choking, and it started to get on my arm and my arm started to burn," Diamond Wise testified. "He grabbed (my mother's) hand and tried to get her to stop, and she said, 'Let go of my hand.'"

Robert Wise brought a towel with dried blood on it that had been wrapped in plastic to the court as evidence of the alleged assault. Wake County District Attorney Colon Willoughby and defense attorney Hart Miles argued for 15 minutes outside of the jury's presence about the towel.


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  • allirtap Apr 4, 2007

    I cannot believe some of these comments I'm reading here. What difference does it make if this preacher parked in two spaces or the fact that he was mouthy. That does not give three people sworn to "protect and serve" the right to just beat the crap out of someone. I have many close friends who are officers and they would never behave in such a way. They are professionals & are trained to deal with all kinds of people in all situations. It's really sad to see how some people are acting like this guy asked for it. If it were one of your friends or family members, maybe you would feel differently. This is just a disgrace to the criminal justice system no matter how you look at it.

  • 2little2late Apr 4, 2007

    RE:"I'll bet a suit on applebee's wouldn't fly"....probably wouldn't win it but wanna bet they wouldn't settle to lessen the impact of the negative coverage?..i agree with you though..it's kinda like somebody(actually) falling in a Home Depot..or getting robbed in a parking lot..they can sure aybody they want to..Home Depot, property owner etc but whether they benefit or not is up to a (sympathetic or not)jury...case in Chicago where a drunken man(happened to be a lawyer) tripped over a broken sidewalk..sued the city..won the case because the jury's view was that even drunks have a reasonable expectation of safety....etc...don't know the exact language...but crazier stuff has happened

  • Dayum Krazy Apr 4, 2007

    I'll bet a suit on applebee's wouldn't fly because except for it being on their property it wasn't their fault and can't be held liable for actions of an off-duty cop with his/her own suspicions of how someone parked a car..just a theory and I am sure applebee's lawyers would have a similar answer LOL

  • 2little2late Apr 4, 2007

    and wait until Wise finds out that he can bring a suit(winnable or not) against Applebees for the assault since it was on their property....nachos for everybody!!

  • 2little2late Apr 4, 2007

    i think firing the bad ones in this case is too much though..with all their training, we could use good dedicated officers patrolling each and every parking lot around town...maybe even meter maid duty with some more training

  • 2little2late Apr 4, 2007

    sorry...was trying to say "(th)at was some kind of crack investigative work that only an undercover officer going into Applebees to eat could do..where was the sniper?

  • Friend Apr 4, 2007

    Congratulations !

  • 2 Apr 4, 2007

    # 400, wow.

  • 2little2late Apr 4, 2007

    Roth testified Tuesday that he didn't do anything wrong. He said he felt it was his duty to investigate why Wise was occupying two parking spaces...th

  • Friend Apr 4, 2007

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