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0 7 - 0 5 - 2 0 0 5 Attorney: Tweedy used steroids while on police force
By: F.M. Wiggins
RICHMOND - On Thursday in U.S. District Court, Jennifer Newman, an attorney for former Petersburg Police Officer Michael Tweedy, said that her client, sentenced yesterday in a brutal police beating that nearly killed a man, had used anabolic steroids while on the police force.
Interim Petersburg Police Chief Lee Crowell confirmed yesterday that the city police department is cooperating in an ongoing federal investigation into "not so much who used, but who sold steroids." Crowell added that at this point no officer in Petersburg is being investigated for the sale or use of anabolic steroids.
Lawrence Berry, spokesman for the Federal Bureau of Investigations said that the Petersburg Police Department has referred an investigation to the FBI but could not comment further. "Normally, our policy is not to say anything at all about current investigations. However, with the Interim Police Chief Crowell stating publicly that he has referred a matter to us, it puts us in a unique position," said Berry.
Neither Berry nor Crowell could add anything further saying that because it is an ongoing investigation, it could compromise the integrity of the investigation to say anything further.
Michael Tweedy sentenced Former Petersburg police officer to serve 9 years in prison for brutally kicking Lamont C. Koonce in October 2003
F.M. Wiggins
RICHMOND - Former Petersburg Police Officer Michael Tweedy stood before Federal District Judge James R. Spencer Thursday morning in Richmond saying he was a victim as well but that he wished Lamont Koonce to have peace of mind.
Spencer sentenced Tweedy to nine years behind bars for the deprivation of rights under color of law offense the officer had confidently entered a guilty plea to just over four months ago. Tweedy was much quieter Thursday standing in the prison issue orange and white jumpsuit, with shackles around his ankles.
On Oct. 13, 2003, Tweedy, an officer with the Petersburg police force, attempted to make a traffic stop on Petersburg resident Lamont C. Koonce. When he gave chase, he radioed for backup and Officer David E. House arrived on the scene. When Koonce finally did stop, he ran out of his car, leading officers on a foot pursuit into the area of the Mill Creek Apartments.
Tweedy then used his pepper spray in an attempt to subdue Koonce, who fell to the ground clutching his chest. House then began to handcuff Koonce.
As he did, Tweedy forcefully stomped on Koonce's head several times with his shoe-clad foot.
Tweedy briefly backed away from Koonce. But he returned several times to where Koonce was lying, each time delivering multiple forcible blows to Koonce's head. During Tweedy's assault on Koonce, House maintained control of Koonce with handcuffs on his left wrist.
During the struggle, another former Petersburg police officer, Michael Perkins, arrived at the scene. Perkins was off duty at the time of the incident but heard the dispatcher's call for backup and responded.
According to court testimony, Perkins ran to join the other officers and kicked Koonce, who was lying motionless on the ground, twice in the torso.
Perkins was found guilty Feb. 17, on a federal charge of depriving Lamont Koonce of his civil rights under color of law. His sentencing hearing is scheduled for May 20. He faces a maximum sentence of 10 years in prison for twice kicking a motionless suspect.
The injuries caused by the officers were described as presenting an "extreme risk of mortality," and Koonce will deal with many of those injuries for the rest of his life, according to court testimony. Koonce was diagnosed with permanent and life-threatening bodily injury, including a contusion and hemorrhage of the right brain, multiple fractures to the bones of his skull and face, and a pneumohemothorax (a bleeding, collapsed lung) with an open wound into the thorax. He was transferred to the Intensive Care Unit of the Medical College of Virginia, where he remained in a coma for approximately two months. On or about Nov. 12, 2003, as a result of his head injuries, Koonce went into cardiac arrest, requiring resuscitation with advanced life support measures. Around this time, also as a result of his head injuries and deteriorated cardiac and respiratory status, Koonce suffered acute renal failure and necrosis of the liver.
Eventually Koonce's renal function returned to the point that dialysis was no longer required; however, Koonce continues to suffer chronic pain as a result of his injuries. His memory of the events is very limited, and his prognosis for regaining any of those memories is very poor, according to court testimony.
At Tweedy's sentencing hearing yesterday, U.S. Assistant District Attorney Brian Hood and defense attorney Jennifer Newman debated fine points of the law. "He admits his foot was shod, but a foot can not be determined to be used as a dangerous weapon," said Newman.
Hood countered that the logic would dictate that the manner in which Tweedy used his foot would indicate that he intended to inflict harm, harm which he wouldn't otherwise be able to cause by his foot alone.
Judge Spencer said that the law leaves the definition of a dangerous weapon to be interpreted by the judge, ruling that Tweedy's foot could be considered a dangerous weapon.
Newman asked for a downward departure from the sentencing guidelines, stating that Tweedy had no prior criminal history, and at the time of the assault on Koonce, was under emotional, physical and financial stresses and was a distinguished officer for three years prior. He also had been using anabolic steroids at the time of the assault, she stated.
Hood stated that the U.S. government would disagree with a downward departure from the guidelines because it was a ferocious assault which resulted in life threatening injuries. "We don't dispute the stresses within Tweedy's life," Hood said. "However, for months in advance Tweedy had a history of excessive force. There were several assaults for which he was not held criminally liable."
Hood described another color of law violation which he wasn't held accountable for in which Tweedy literally threw a female prisoner across the lobby of the magistrate's office. "This was not an isolated incident," said Hood.
Spencer found that there was no appropriate request for a downward departure from the guidelines or the government's request for an upward departure from the maximum of 10 years Tweedy could receive under the guidelines.
Petersburg Police Sgt. Florence Burwell, who's been with the department for 10 years, testified during the sentencing hearing that Tweedy was an exceptional officer from his beginning on the force, but she noticed changes in Tweedy just before she was transferred within the department.
"He was very depressed and emotional, he told me he was having some financial and marital problems," said Burwell. "I suggested that he seek some type of counseling and had growing concerns about him being on the street."
Burwell said she requested that Tweedy be transferred to an administrative position but that request met with resistance. "I was told to let Tweedy be a man and stop being his mother," said Burwell. "I believe he's taking the fall for the failure of the department."
She added that she felt he should have been removed from street duty following the incident in the magistrate's office and that she doesn't feel the Koonce incident would have happened if the department had listened to its officers. "He's as much a victim of our police department as Koonce," said Burwell.
In closing the defense stated that there was no question that the rage Tweedy unleashed on Koonce from chasing him down was from a man with several issues in his life and who, for the first time in his life, had truly been out of control. Hood stated that the offense was severe and deserved a severe sentence. He added that though Koonce is doing better, he probably suffers from post-traumatic stress disorder. When interviewed for the victim impact statement, Koonce moved into a fetal position and sobbed, Hood told the court.
"By any measure the actions taken by Tweedy were vicious, cruel and heartless," said Spencer. "It wouldn't have taken much more for Tweedy to have killed Koonce."
Spencer then sentenced Tweedy to nine years in prison, with credit for time served, as well as three years supervised release and restitution to be delivered to the victim. An amount for restitution has not been determined yet and will be set at a hearing July 19.
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