week of 10/1/08
 
 
 
  Bryson police brutality claims take a new turn
By Julia Merchant • Staff Writer

A mentally ill man who witnesses say suffered an unprovoked beating by a Bryson City police officer two weeks ago is now the subject of counter charges.

In the face of numerous complaints by witnesses and a harsh media spotlight, the Bryson City police department has stepped up with charges of its own claiming the officer was assaulted, paving the way for an argument that the cop beating was either provoked or in self-defense.

Raleigh Grant, the father of 25-year-old Jacob Grant, says he was taken aback when a sheriff’s deputy arrived at his residence last Saturday night (Sept. 27) and attempted to serve his son with a warrant for assaulting a police officer almost two weeks after the incident occurred.

Jacob Grant wasn’t home — he’s been at Frye Hospital in Hickory since Sept. 15, shortly after when Officer Leon Allen’s attempt to serve Grant with an involuntary commitment order escalated into a brutal beating, according to witnesses. Grant has schizophrenia.

It is unclear what led the police department to delay pressing charges against Grant until a week-and-a-half after the incident occurred. Witness statements given to police immediately following the beating state that Grant did nothing to provoke Allen, though the officer maced and hit Grant more than 30 times with a baton.

On Monday (Sept. 29), Bryson City Police Chief Rick Tabor would neither confirm nor deny the counter charges now being pressed against Grant. According to the sheriff’s office, the warrant has not yet been served, and until then the exact charges aren’t public record.

Officer Leon Allen “has not worked a shift since this has happened,” according to Tabor, contrary to some media reports.

The Bryson City Police Department is conducting an internal investigation into the incident. Tabor is in charge of accumulating witness statements and other information, which he’ll put together and forward to the district attorney for a decision.

Allen has been with the department as a full-time officer for 18 months. He also works full-time as a paramedic in Graham County, a job he’s held for 10 years.

“He’s been a good employee,” said Terry Slaughter, the EMS director in Graham.

Witnesses: attack was unprovoked

Ten written witness statements obtained by the Smoky Mountain News have a common theme — each say that Jacob Grant gave Allen no reason to use force.

Allen stopped Grant on foot in front of local hangout Anthony’s Restaurante Pizzeria the night of Sept. 15 to try and serve him an involuntary commitment order, which would force Grant into the care of mental health officials. Grant demanded to see the order, then refused to come with Allen when the officer said he didn’t have the paperwork with him.

Witnesses say an argument ensued between the two men as Allen followed Grant onto the porch of Anthony’s. Then, it escalated.

“Officer Allen without being provoked pepper sprayed and repeatedly struck Jacob Grant across the head and face with his night stick,” wrote witness Paul Robinson.

“He got his baton and started hitting Jacob uncontrollably for no reason,” according to Bryson City resident Tiffany Campbell, who was there with friends.

“All the time Jacob was standing there with his hands up asking why the officer was hitting him...this attack by Officer Allen was unprovoked,” recalled Michael Marsden.

Others said Jacob Grant asked the officer to stop, and that Allen continued to beat him even when he didn’t fight back.

The alleged attack stopped when a backup patrol car arrived at the scene.

Family wants justice

A family and community are still struggling to come to terms with the alleged incident of police brutality.

Last week, Raleigh Grant clutched pictures he had taken four days after the incident of his son covered with large, angry bruises. Raleigh had just returned from a hearing at Frye Hospital, a state mental health facility where officials will continue to keep Jacob until his condition improves.

“He’s still got blue marks all over him,” said Raleigh.

The hearing was attended by Jacob’s brother, Josh, who had nearly finished hiking the entire Appalachian Trail and was one state shy of Maine when he got the call about his brother. He took trains and buses for two days to return home to Bryson City and support his family.

“It puts a shadow on everything I experienced,” Josh Grant says, though he says he could never have completed the trip in good conscious knowing what his family was dealing with back home.

Though Jacob’s mental state is getting better — it took a turn for the worst immediately following the incident — Raleigh Grant says his son doesn’t comprehend what happened.

“I’ve been trying to explain why he’s in there, but he doesn’t understand,” Raleigh said.

On a different level, neither does Raleigh.

“He’s never been violent toward anyone. They should have known he wasn’t a threat,” he said.

Jacob Grant has no criminal record, and Raleigh says he stated when filing the involuntary commitment order that his son isn’t violent.

Dealing with Jacob’s schizophrenia was a challenge before the incident between he and Allen — since the age of 18, he’s been in and out of mental hospitals five times — and Raleigh Grant says he just wants justice for his son. In his mind, that means taking away the officer’s badge who allegedly beat him.

“I want my son to be OK, sure, but that guy ain’t fit to wear a badge,” he said.

(To comment on this story email julia@smokymountainnews.com)