East Texas

By CASEY KNAUPP
Staff Writer

A former Rusk County chief deputy was sentenced Tuesday to two years in prison for assaulting a man in custody while he was handcuffed.

Daniel "Dusty" Oscar Flanagan, 37, Henderson, and former Lt. Johnny Leon Davidson Jr. 48, admitted that they assaulted and injured Shawn Wright in an interrogation room.

U.S. District Judge Michael Schneider sentenced Flanagan, who has been out on bond since he pleaded guilty in July, and ordered that he surrender himself to prison by 2 p.m. Thursday.

Wright was in court with his lawyer for the sentencing hearing, as well as more than a dozen people in support of Flanagan. The victim decided not to make a statement.

Flanagan appeared in court Jan. 9 for sentencing, but the hearing was postponed after an issue with the amount of restitution owed to the victim needed to be resolved.

Assistant U.S. Attorney Jim Middleton said at one point, that he thought there may be a substantial amount of restitution owed to the victim, but, after discussing it with Wright and his attorneys, as well as representatives from Medicare and Medicaid, the government believed restitution would not be applicable in the criminal case.

Wright has filed an excessive force lawsuit against Flanagan and Davidson.

Schneider said he did not involve himself in civil damages in the case.

Defense attorney Bobby Mims said Flanagan had been a licensed peace officer for more than 16 years and spent most of that time with the Rusk County Sheriff's Department. He said Flanagan had taken a lot of drugs and violent criminals off of the streets, that he was a fine individual, an outstanding citizen and had performed a wonderful service to Rusk County.

"He made a serious, emotional mistake and he regrets it," Mims said.

Mims cited letters written in support of the defendant, stating that he was the "type of officer that truly wants justice done," that he was a "man of honor" and a "loving father and friend."

"I made a huge mistake," Flanagan told the judge. "I dedicated my adult life to law enforcement and protecting people." He said he believed that the 5-10 second mistake he made cost him his career and tremendous hurt to his family and friends.

Even though he knew what he did was wrong, Flanagan said he still believed he stopped a fellow officer from getting hurt and felt he saved his life. He did not name the officer he referenced.

Flanagan said he let his emotions get to him. He asked the judge to consider what he had done for the community and to give him the least amount of punishment he could.

Middleton said it was a regrettable case for the defendant and the victim and the case was the result of high emotions. But, he said, every day officers have to subject themselves to emotional and physical abuse and have to stand up to that. He said those officers are never heard about in court and should be commended.

The officers are expected to live up to a certain code and standard, which earns them the respect that goes with being a law enforcement officer.

Middleton said Flanagan made himself a good and a bad example. He said he hoped the sentence sent a message to officers who are here to protect people and their rights. And no matter what people do, the officers will follow and uphold the law and those rights, he added.

After Flanagan serves the two-year prison term, he will serve two years of supervised release. The conditions he must follow include not possessing a firearm. The judge also recommended that Flanagan not be placed in a prison facility close to Rusk County.

THE ASSAULT

On Nov. 9, 2006, Davidson arrested Wright on an outstanding 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.

"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.

Another officer involved was never charged. Wright was taken to jail after the assault.

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.