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Man beaten on Bourbon Street baffled by incident

A retired elementary school teacher who was repeatedly punched in the head by police in an incident caught on videotape said he was not drunk, put up no resistance and was baffled by what happened.

Robert Davis said he had returned to New Orleans to check on property his family owns in the storm-ravaged city, and was out looking to buy cigarettes when he was beaten and arrested Saturday night in the French Quarter.

Police have alleged that the 64-year-old Davis was publicly intoxicated, a charge he strongly denied as he stood on the street corner where the incident played out on Saturday.

"I haven't had a drink in 25 years," Davis said Monday. He had stitches beneath his left eye, a bandage on his left hand and complained of soreness in his back and aches in his left shoulder.

A federal civil rights investigation was begun in the case. Davis is black. The three city police officers seen on the tape are white. Police spokesman Marlon Defillo said race was not an issue.

Two city officers accused in the beating, and a third officer accused of grabbing and shoving an AP television news producer who helped document the confrontation, pleaded not guilty on Monday to battery charges.

A trial date was set at a hearing on Monday for Jan. 11. Afterward, officers Lance Schilling, Robert Evangelist and S.M. Smith were released on bond.

Police Superintendent Warren Riley said any misconduct would be dealt with swiftly, noting the video showed "a portion of that incident."

"The actions that were observed on this video are certainly unacceptable by this department," Riley said.

Davis said he had been walking in the French Quarter and approached a mounted police officer to ask about the curfew in the city when another officer interrupted.

"This other guy interfered and I said he shouldn't," Davis said. "I started to cross the street and -- bam -- I got it. ... All I know is this guy attacked me and said, `I will kick your ass,' and they proceeded to do it."

He said he did not know why the punches were thrown. The APTN tape shows an officer hitting Davis at least four times in the head outside a bar. Davis twisted and flailed as he was dragged to the ground by several officers. Davis's lawyer said his client did not resist.

"I don't think that when a person is getting beat up there's a whole lot of thought. It's survival. You don't have a whole lot of time to think when you're being pummeled," lawyer Joseph Bruno said.

Davis was kneed and pushed to the sidewalk with blood streaming down his arm and into the gutter. The officers accused of striking Davis were identified as Schilling and Evangelist.

Mayor Ray Nagin said, "I don't know what the gentleman did, but whatever he did, he didn't deserve what I saw on tape."
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