Dismissals made in Anthony Warren case - ABC 33/40 - Birmingham News, Weather, Sports

Dismissals made in Anthony Warren case

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BIRMINGHAM - AL -

In January 2008. Anthony Warren led area law enforcement on a wild, high speed chase through Jefferson County, Birmingham and Hoover.

Warren is serving a 20 year sentence for attempted murder of a Hoover police officer that day.

Warren's van hit the officer as he attempted to stop warren with spike strips. Moments later, the chase ended when warren's van flipped and he was ejected.

As dash camera video showed. Warren was lying face down. When police ran to him.  The last eleven seconds of the video show officers beating Warren with their fists and batons.

Ten police officers, as well as Birmingham's police chief A.C. Roper and the City of Birmingham were named in a civil lawsuit.  Two officers were found not guilty of violating Warren's civil rights by a federal jury in January 2011.

Federal judge Karen Bowdre dismissed the City of Birmingham, Roper, and four Birmingham police officers from a civil lawsuit filed by Warren.

Attorney Michael Choy says the evidence is there to vindicate the remaining officers.

"(Bowdre's) ruling conforms with well established law, federal law, and it's consistent with the facts and the overwhelming evidence in this case," says Choy.

Choy represents the four Birmingham police officers, the City of Birmingham and Birmingham police chief A.C. Roper.  All were dismissed from a civil suit this week.

"When we took on this case I immediately knew there was more to the story than the last 11 seconds of the case," he says.

Those last 11 seconds of video show officers beating Anthony Warren where the chase ended at an onramp to I-459.

Choy is quick to point out that Warren initially stopped and complied with police in what was a drug stop. Then, he took off, and hit a school bus early on in the case.
 
"There were only two cars in the chase, he could of stopped after he hit that school bus and none of this would of happened," Choy explains.

But it did happen.

Dozens of officers gave chase. At one point, Warren swerved and hit a Hoover police officer.

Moments later the chase ended when Warren wrecked.

Choy believes the evidence in that dash-cam video, plus sworn testimony will prove his case.

"We have over 30 minutes worth of another story to tell. As well as medical evidence and the doctors opinion that the bulk of (Warren's) injuries were caused by him not wearing his seat-belt and rolling over and being ejected from the vehicle," says Choy.

All of that is expected to come out in the civil trial for the six remaining officers.

"Over the last four years we've developed the other side of the story. We're confident when a fair and impartial jury hears all of the facts of this case, that these police officers who have to go to trial will be vindicated," he says.

Even with this week's dismissals, Warren's attorney, Wendy Crew remains confident she has evidence to win the case against six remaining officers.

Right now a trial date has not been set. 

The attorneys for both sides are coordinating schedules in federal court.

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