The Albuquerque Journal is reporting this morning:
By Jeff Proctor
Journal Staff Writer
Albuquerque Police Chief Ray Schultz and the city's top police watchdog have cleared officers accused of using excessive force and falsely arresting a New York City heart surgeon outside a Downtown bar over the summer.The incident involving Dr. Vincent Moss, a doctor and Army Major, visiting Albuquerque while in New Mexico doing pro-bono surgery for Native American in Shiprock before his scheduled departure for Iraq, is something that hasn't drawn much outrage in New Mexico...yet.
Dr. Vincent Moss plans to appeal the decisions before the Police Oversight Commission, Independent Review Officer Jay Rowland said Wednesday.
The appeal is scheduled for the commission's December meeting, Rowland said.
But Moss, 34, isn't scheduled to appear in Metropolitan Court until January. For the July 17 incident, he faces charges of disorderly conduct and refusing to obey an officer.
Rowland said Moss's attorney has instructed his client to steer clear of the oversight system until the criminal case has been adjudicated.
"I would think he'll ask for an extension," he said.
Neither Moss nor his attorney, Daniel Ivey-Soto, could be reached for comment Wednesday.
Last month, Rowland sent Moss a letter explaining that he couldn't find enough evidence to sustain the citizen complaint against the officers.
"A preponderance of the evidence convinces me that the officer had a reasonable basis to defend himself and arrest you," the letter dated Oct. 14 states. "Your conduct would lead a reasonable person to be concerned that you might become violent."
Rowland also found no wrongdoing by an APD sergeant, who was on scene.
Moss, also a major in the U.S. Army Reserves, was in Albuquerque during a two-month sabbatical to help American Indians in New Mexico.
He told the Journal after the incident that bartenders at Maloney's Tavern refused to serve him for more than half an hour because he is black.
Moss ended up outside the bar with its manager, he said, where the two began to argue.
Once the situation cooled down, the manager took Moss's identification card and went inside the bar to see if the physician's credit card was still at the bar, Moss said.
Moss said he tried to follow the manager in, but was stopped by a bouncer. At that point, an APD officer became involved.
The officer was not named in Rowland's letter because the oversight system does not name officers accused by citizens. But a Metro Court criminal complaint shows Allen Hancock as the arresting officer.
Hancock told Rowland that Moss approached him in an aggressive manner with his fists balled, so he used a maneuver to put him on the ground. During the scuffle, Moss's shoulder was dislocated.
Rowland said the decision was difficult— particularly because Moss declined to be interviewed and could not produce a witness to corroborate his story that the officer was out of line.
"Any case where there's refusing to obey an officer, resisting arrest or disorderly conduct gets my antenna up because those are cases where officers can abuse their authority," he said.
"And in this case, I'm saying the use of force to push (Moss) backwards is reasonable."
Here's the Background:
The Truth Speaks Volumes
Maloney's Now Serving Baloney
Why Good Doctors Are Hard to Find In N.M.
Mayor Marty: Taking Credit But Not Responsibility
When Will It Matter to New Mexico's Leaders?
ASK MAYOR MARTY THE QUESTIONS AND WE MAY GET THE ANSWERS
was the moss case settled or appealed? did the doctor lie about the police assault?
Posted by: tami brock | Wednesday, February 15, 2006 at 06:49 PM
I put a call into Mr. Moss's attorney this evening to find out. I'll post as soon as I know.
Posted by: Gideon | Wednesday, February 15, 2006 at 07:20 PM