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Cherokee County Sheriff James Campbell strongly disputes Brown's claims and said the man may be charged with assaulting a public servant.

Brown, 27, said he was in his home cooking Monday night when his father asked him to go outside and see why the family dogs were barking.

"We didn't know if someone was stealing our stuff or not. My father asked me to go out, so I did," he said.

Outside, Brown said he saw an unidentified man walking on his property with a flashlight and he went to investigate.

He described what happened next as "unbelievable."

"The guy with the flashlight turned around real fast holding a gun. He told me to put my hands up and then threw me against my uncle's pickup truck. I kept screaming, 'What have I done?' And then I yelled for my uncle," he said.

The man Brown claims broke his right ankle and beat him was Cherokee County Sgt. Jamie Beene, a 10-year veteran with the Sheriff's Department.

Campbell said Beene and another deputy were in the area at a known drug hangout known as the "Dope Tree," when a male subject fled from officers on foot.

"There was a vehicle with several people standing around it and one guy took off running. Sgt. Beene began a foot pursuit while the other deputy went back to the patrol car. Beene chased the guy through wooded areas, through briars and brambles in the dark. He was about to apprehend the man when Brown approached, cursing my deputy," he said.

Campbell said Beene reported he took Brown into custody for interfering with a police investigation - a Class B misdemeanor - and Brown struck the deputy with his elbow while his wrists were handcuffed behind his back.

Brown and those who witnessed the incident scoffed at the sheriff's claims.

"Why would I resist when the man was holding a gun on me? Not to mention my hands were cuffed behind my back and he was twisting my wrist," he said. "The deputy originally said I was under arrest for public intoxication and disorderly conduct. I was on my property and was looking to see what was happening that caused my dogs to bark. I was not intoxicated."

Brown said Beene walked him into the roadway and told him to get down on the pavement.

"I was bending my knees to get down like he asked, then he kicked my right ankle and I fell to the ground. I knew my ankle was broken, because it felt like jelly and hurt really bad," he said.

WITNESSES SPEAK UP

John Skinner, Brown's father, said Beene repeatedly kicked and beat his son while he was on the ground.

Skinner, who is confined to a wheelchair after suffering four strokes, said he watched the events in absolute horror.

"I yelled at the deputy, 'What are you doing to my son? Stop it! Stop it!'" he said with tears streaming down his face. "The officer told me get in the house or I would be going to jail too."

Skinner, very emotional, said he could not believe he watched his son be beaten in front of him.

Melvin Buckingham, Brown's uncle, said he is ready to testify that Beene beat his nephew for no apparent reason.

"Junior (Brown) didn't do anything wrong. He was doing everything the officer said. I was right there watching the whole time. That officer just flat beat him for no reason," he said.

Buckingham said that Beene pointed his firearm at him when he told the deputy to stop beating his nephew.

"We want the Texas Rangers to investigate this. We will all take lie-detector tests and testify to what we saw. This just wasn't right," he said.

Teddy Brown, a neighbor who is not related to Brown, said he watched Beene repeatedly kick Brown while he was on the ground.

"He kicked and kicked him. I mean, the boy was handcuffed and had a broken ankle. He wasn't resisting at all. He was asking for help," he said.

After the other deputy arrived at the scene with the squad car, Beene ordered Brown to get into the car.

When Brown tried to get in the vehicle, he could not get his right leg to cooperate.

Teddy Brown said Beene called Brown names and repeatedly kicked the injured leg until it was in the car.

"There was nothing I could do or I'd have been shot. I truly believe this," he said.

SURGERY

Beene and the other officer took Brown to East Texas Medical Center in Rusk, where doctors decided he needed surgery to repair his ankle as he lay handcuffed to a gurney.

Brown was arraigned at ETMC Rusk by Cherokee County Justice of the Peace Brenda Dominy, who set a personal recognizance bond at $750 per Campbell's request on the interfering charge.

Brown was transported to ETMC Jacksonville, where he underwent surgery, which included three plates and 16 pins being used to reconstruct the man's ankle.

Brown said he still couldn't believe the incident took place.

"I just started my job with a construction company last month. Now what? I can't work and who knows if I will ever be able to walk right again," he said.

Campbell contends that Beene was also treated at ETMC Rusk for an injury to his cheek from Brown, but the witnesses said the deputy talked about falling down in a septic tank area behind Brown's home.

Brown said he is scheduled to have a hard cast put on the ankle sometime in the near future and will do everything the doctors tell him.

CRIMINAL CHARGES

Brown admits he is on probation for a charge of assaulting a public servant in 1998, but said he has one year of probation left on his sentence.

He was looking forward to having a clear slate.

"I don't want any trouble, but I have the right to protect my family and our property. We did not know the police were chasing someone. No one ever said police until I was arrested," he said.

A probable cause affidavit, in which Beene was the affiant, states Brown was "screaming obscenities" at him and prevented the officer from apprehending the suspect he sought.

Campbell said Brown faces an additional charge of assaulting a public servant, a third-degree felony.

"There is an ongoing criminal investigation at this time," he said.

Campbell would not say why his agency did not charge Brown with assault on a public servant Monday night.

Brown said he wants his own investigation, and the Tyler bureau of the FBI confirmed late Friday afternoon they has been contacted by Brown about the incident, but would not give any details.

Brown has also contacted Texas Ranger Rudy Flores, who is stationed in Palestine, and the Nacogdoches chapter of the National Association for the Advancement of Colored People to ask for independent investigations.

John C. Morrison, a spokesman for the Nacogdoches NAACP chapter, said the group is going to investigate the incident and will be working on Brown's behalf.

"We are very interested in this and from the statements I have read and have here, this appears to be a significant case of police brutality," he said.

Campbell said Thursday he did not believe his agency needed to conduct an investigation into his deputy's actions, but that, if needed, he would ask the Rangers to conduct an inquiry.

"I am not letting this go. That man beat me and all these people saw it. I will go to court and testify everything I have told you. They can't get by with this kind of thing," Brown said.

Kenneth Dean covers police, fire, public safety organizations, Cherokee and Rusk counties. He can be reached at 903.596.6353. e-mail: news@tylerpaper.com