PORTSMOUTH
A misdemeanor assault and battery charge against the commander of the police special investigations unit was dismissed in Juvenile and Domestic Relations Court on Tuesday.
Lt. Donald Butler had faced a charge that Torrean Davis, 17, filed with a magistrate on Sept. 16, two months after he was briefly detained.
Judge William Boice noted discrepancies between the testimony of Davis and his cousin, who was with him at the time.
The judge said the evidence showed nothing “other than two officers performing their duty in a somewhat dangerous” part of the city. He said he saw no evidence that they did “any more or less” than what they should have done under the circumstances.
Butler and another officer said they encountered Davis and his cousin walking in the center of a street in Prentis Park. Butler told Davis they could get hit in the street. Davis said if police hit him, he was “going to get paid.” As the officers pulled away, they both testified, they heard Davis say he would have something for them next time. They decided to search Davis for a gun.
Davis said Butler twisted his arm and slammed him against the police car. His cousin said it was the other officer that did that and Butler was standing to the side.
Butler said they used “standard defense tactics” when they searched Davis. He said Sgt. Mike Wright held one of Davis’ arms behind him and that he held the other with both hands, but could not really get to him because the car door was between them.
Davis started “going crazy” Butler testified, and a crowd, including drug dealers, began congregating and yelling at them. They cuffed the youth and other officers arrived.
Butler said Davis calmed down, gave them his information and was released when his mother showed up.
Michael Massie, Butler’s attorney, called three character witnesses including Commonwealth’s Attorney Earle C. Mobley and the assistant police chief, Garrett Shelton. Massie said he had about 30 other character witnesses waiting in the hall, including former police chiefs, defense attorneys and civic leaders.
Butler, 39, a 16-year veteran of the police force, had remained on full-time active duty pending an internal investigation and court proceedings.
“It was frustrating that I was being put on trial for doing my job,” Butler afterward.
“I feel vindicated now and relieved that the judge agreed we were doing our job exactly like we were supposed to do it.”
Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com
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