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Former Deputy Found Guilty of Assault

Posted April 5, 2007

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— A jury convicted a former Wake County deputy of assault Thursday evening after almost 11 hours of deliberations.

Christopher Roth is the first of three former deputies to be tried on a simple assault charge stemming from an altercation last August outside an Applebee's restaurant on U.S. Highway 70 in Garner.

Superior Court Judge Donald Stephens set sentencing for Monday afternoon. Roth likely will be sentenced to community service, but will not serve any jail time for the misdemeanor charge.

Robert Wise said three undercover officers cursed and beat him in front of his wife and daughter because they were upset that he had taken up two parking spaces outside the restaurant.

Wise appeared to say, "Thank you, Jesus," as the verdict was read.

As he left court Thursday evening, he made no comment on the verdict but recited a bible verse from the book of Isaiah: "Every tongue that shall rise up against you in judgment, thou shalt condemn. this is the heritage of the servant of the Lord and your righteousness is of me, saith the Lord."

Two weeks after the alleged incident, Roth and deputies Katie Broda and Kevin Hinton resigned from the Wake County Sheriff's Office. Sheriff Donnie Harrison has since apologized for his deputies' actions.

The jury deliberated for about four hours Wednesday, listening again to a 911 call made by Wise's wife during the incident, before heading home for the night. On Thursday morning, jurors asked to see photos of the crime scene and read the transcript of Roth's interview with a State Bureau of Investigation agent.

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

Broda testified that Wise acted aggressively toward the deputies.

Wise, his wife and daughter testified that the deputies came running up to their vehicle without identifying themselves, yanked Wise out of the driver's seat and hit him and used pepper spray. Wise's daughter said she also was pepper sprayed during the incident.

Roth and the other two former deputies said Wise mouthed off to them and then resisted arrest.

"He was very disappointed but he is ready to move on. He is happy in the fact that there is some closure to this," said Hart Miles, Roth's attorney following the verdict.

Roth was the first to stand trial. No trial date has been set for Hinton or Broda.

Wise has filed a civil lawsuit against the former deputies, the sheriff's office and Wake County.

266 Comments

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  • slappyh99 Apr 8, 2007

    BDB writes...
    Not only would i SUE the individual police officer but also his momma, the entire family AND the police department .. this should be a lesson to all racist cops out there..You cant get away with this type of behavior. Individuals like this is why most minorities do not trust any type of law enforcement especially white ones.

    BDB, you are just as bad or worse than these deputies. You too are racists and your comments prove it. I'll agree that the deputies crossed the line in this case, claiming they were enforcing a law that does not exist and they should be punished. But being a white LEO I'm offended by your racists remarks.

  • many moons Apr 6, 2007

    exuse me "that's hands behind your back"

  • martini Apr 6, 2007

    I honestly think things would be handled differently by both parties if they were placed in the same situation. I think badge and pride were battling here. Neither side truly won, the deputy has lost his law enforcement career and the man was attacked and witnessed by his family. And it is truly said to know it was all over taking up two parking spaces. Go down to your local food lion or walmart, it happens all the time. I would have much rather read a story about the deputies busting up a drug ring or catching a deadbeat parent, not trying to investigate why one was taking up two parking spaces.

  • many moons Apr 6, 2007

    so what i understand is that if i was in a store waiting in line to be checked out u suddenly cut in front of me officer notice this [HE'S UNDERCOVER]he points to u/u point back he rushes u yank u out of line attack u by punching trying to put yours behind your back{he never said anything about beening an officer}in the end u go to jail for cutting in line{u tell me}

  • Friend Apr 6, 2007

    Double Parking is against the law, this does not meet the criteria of double parking( which takes place on a street in a paralell parking situation). I posted the official definition a few posts back just click on more comments. Being inconsiderate may apply to some but not me. I always try to protect my car from getting scratched and dinged in parking lots ( I always park way out away from the rest and walk a little). I would rather see someone park at a angle and take two spots rather than open their door and smack mine. They may have ran into that before, some folks can get very agitated when it comes to their vehicle. Most parking spaces are large enough to handle some of the SUV's and other large vehicle's. Just my thoughts.

  • seankelly15 Apr 6, 2007

    The Historian & dfijan – yes, he can sue for real damages but you are forgetting punitive damages. If ever a case cried out for an award that included punitive damages, this one does.

    And, to everyone that is fixated on ‘double parking’ the entire concept of the law is completely lacking in this circumstance. You cannot make up a law by giving it a name of an already existing law in an attempt to try to paint the victim as a lawbreaker.

  • Tripwire Apr 6, 2007

    Something that blatent usually gets noticed

  • At Work Apr 6, 2007

    Ok hes getting community service (cop) and it said that he sprayed the daughter as well, Im sure she was young so why not be charged with assalt? I really hope they sue the police. If someone did that to you and your kids were in the car you know you would!!!!

  • inmyopinion3 Apr 6, 2007

    Double parking may not be against the law but it is definatly selfish, ignorant and uncaring parking/driving, the officer was wrong to try and arrest Mr Wise but Mr Wise and/or Mrs Wise should show some consideration in future and use only one car parking space per car as should all of us who drive, there's too much of the "so long as I'm ok who cares abou anybody else" attitude shown nowadays as was the case with Mr Wise and his wife.

  • many moons Apr 6, 2007

    jewels:have u been following the case because the statement u made do not make sense.

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