East Texas

By CASEY KNAUPP
Staff Writer

Former Rusk County Chief Deputy Daniel "Dusty" Flanagan was in a Tyler federal court Wednesday to be sentenced for assaulting a man in custody, but the hearing was postponed.

The 37-year-old Hender-son man pleaded guilty July 18 and faces up to 10 years in prison after he admitted that while acting under the color of law, he willfully assaulted and caused bodily injury to Shawn Wright, depriving the victim of his constitutional rights and abusing his authority.

Former Lt. Johnny Leon Davidson Jr., 48, also has pleaded guilty to the charge.

After a meeting with attorneys in his chambers, U.S. District Judge Michael Schneider announced to a packed courtroom there was an issue with the amount of restitution owed to the victim that needed to be resolved before Flanagan's sentencing. He said it had nothing to do with the sentence Flanagan would receive.

Assistant U.S. Attorney Jim Middleton said he and the attorneys for Flanagan and Davidson would try to resolve the issue before the hearing, which was reset for March 6, but would let the judge know if they needed a contested hearing scheduled.

Schneider said he would also be considering David-son's case at the March 6 hearing.

On the morning of Nov. 9, 2006 Davidson arrested Wright on an outstanding state warrant and took him to Flanagan's office for an interview with the former chief deputy and another officer.

Davidson admitted to grabbing Wright and hitting him in the face.

Flanagan then threw Wright to the ground, jumped on him and kneed him in the back.

Wright was picked up from the floor and placed back into the chair. He was later taken to the jail, the factual resume stated.

"I also admit I took photographs of the officer area where the assault occurred and wrote a fraudulent report regarding the incident," Flanagan stated in court documents.

"The report and photographs were never filed or submitted as part of the official investigation."

Davidson stated he wrote a fraudulent report on the incident.

The other officer involved hasn't been charged. Wright was taken to jail after the assault.

Flanagan, who is represented by Bobby Mims, has been allowed to remain out of jail on a personal recognizance bond.

Flanagan and Davidson have been named in a lawsuit filed in federal court by Wright, who is claiming the deputies used excessive force.

An additional civil suit for sexual harassment, sex discrimination and retaliation was filed by a former Rusk County peace officer. Flanagan, Davidson and Rusk County Sheriff Glen Deason were named defendants.