The trial of a former Russell County Sheriff’s deputy accused of beating a handcuffed man will begin on Monday in Opelika, a little more than a week after his co-defendant accepted a plea deal.
Former deputies Tim Watford and Kirby Dollar, who accepted a plea deal last week, were indicted earlier this year for violating Patrick C. Harrington’s civil rights by beating him as he lay on the ground in handcuffs on Nov. 26, 2010, in Smiths Station.
Dollar and Watford were charged with one count each of deprivation of rights under the color of the law and aiding and abetting.
The prosecution claims the two former deputies, allegedly off duty at the time, were acting as law enforcement officers during the assault of Harrington while he was in handcuffs. In court documents, prosecutors claim Dollar was responsible for most of the beating, but charge Watford willfully aided in the assault.
The charge carries a potential sentence of 10 years in prison and a $250,000 fine.
After initially pleading not guilty with Watford, Dollar changed his plea on Aug. 11 as part of the plea deal. Under the agreement, Dollar pleaded guilty and agreed to cooperate with federal prosecutors in exchange for a reduced sentence of 57 months and no further charges, according to court documents. Dollar also agreed to pay restitution.
Dollar is scheduled to be sentenced in Montgomery on Nov. 18.
A U.S. Attorney’s Office spokesperson said the office could not comment on whether Dollar would testify in Watford’s trial, which will begin Monday with jury selection at the federal courthouse in Opelika. Dollar’s attorney was unavailable for comment Friday afternoon.
In March, the two were indicted by a federal grand jury and arrest by the FBI before being released on $25,000 bonds, according to the U.S. Attorney’s Office for the Middle District of Alabama.
Dollar and Watford, along with former Phenix City police officer Rachel Hauser, former Russell County Sheriff Tommy Boswell and the city of Phenix City, are also defendants in a civil suit filed by Harrington in December 2010 alleging civil rights violations and emotional distress. Harrington is asking for $1 million in compensatory damages and $1 million in punitive damages from each of the defendants.
The parties are trying to negotiate a settlement outside of court, according to court records.
Harrington, found sleeping in his pickup truck in a parking lot in Smiths Station, was detained by bail bondsmen for allegedly jumping bail on a drug paraphernalia charge. The deputies and Hauser, all narcotics officers, allegedly left Dollar’s residence and drove to the scene of the arrest in an unmarked police car after being contacted by the bondsmen.
After the alleged incident, the three officers were suspended without pay before resigning on Dec. 2, 2010.
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