According to the parents of a man beaten at the Multnomah
County Detention Center last September, the FBI is investigating
whether his civil rights were violated. The man’s parents also claim
the district attorney’s office may have tried to cover up the beating
by beefing up the charges against him.
Michael Evans, 40, was allegedly beaten by Sheriff’s Deputy Richard
Hathaway in the booking area of the jail on SW 3rd. Evans complained in
a letter to the FBI two weeks ago about his beating and subsequent
trial for assaulting a peace officer, according to his father, Roger
Evans, who resides in Nevada. (The Mercury obtained a video of
the apparently unprovoked beating two weeks ago [“Summary Injustice,”
News, July 19].)
Michael Evans alleges his initial arrest for assaulting his
girlfriend, Kelley Gallaway, with a riding crop, was for misdemeanor
assault in the fourth degree, but that following his beating, police
went back to Gallaway and asked her to supply more evidence to try to
get that charge upgraded to assault in the second degree, a felony.
Evans was subsequently found guilty on that charge. The Mercury has been unable to locate Gallaway for comment.
However, Evans reportedly claims that being charged with assault on
a peace officer—a charge that was eventually dismissed by the
district attorney after Deputy Hathaway did not show up for
trial—along with the assault charge on Gallaway, may have
unfairly prejudiced the jury against him.
“I called the FBI and they told me they had received Michael’s
letter, that it was at the civil rights task force, and an agent had
been assigned,” Roger Evans says.
The FBI refused to confirm or deny whether the agency is
investigating.
“It is typical for the FBI to conduct an investigation of an
allegation concerning a civil rights violation that falls within the
federal jurisdiction,” says FBI spokesperson Jane Brillhart. “However
at this time we are not prepared to comment on the specific allegations
regarding Michael Evans.”
The Oregon State Bar Association is also currently investigating a
separate complaint by Evans, alleging that prosecuting District
Attorney Traci Anderson “engaged in collusion with the deputies” that
beat him by “perpetuating the lie that I had assaulted Officer
Hathaway,” to justify his beating. Hathaway wrote in his report that
Evans had “punched him in the nose” before his alleged assault,
although this is not visible in the video.
The Multnomah County Sheriff’s Internal Affairs Office is also
investigating Hathaway’s failure to appear for Evans’ trial, despite
being served a subpoena to do so, according to a letter sent by Captain
Carol Hasler of the sheriff’s office to Multnomah County District
Attorney Mike Shrunk on July 3.
Schrunk did not return a call for comment, while the Multnomah
County Sheriff’s Office and Evans’ attorney Benjamin Haile declined
comment.