US policeman cleared over beating

The AP video showed the officers struggling with Davis

A former New Orleans police officer who was filmed beating a 64-year-old man in the street has been acquitted of battery and false imprisonment.

A judge dismissed the charges against Robert Evangelist, saying the victim had resisted arrest.

Robert Davis was beaten by police officers while being arrested in the French Quarter in October 2005.

Mr Evangelist was dismissed from the New Orleans Police Department for his part in the incident.

After viewing footage shot by the Associated Press news agency, the department ruled that the amount of force used was "not appropriate".

District Judge Frank Marullo also watched the footage, and noted that Mr Davis could be seen struggling on the tape for several minutes.

"This event could have ended at any time if the man had put his hands behind his back," the judge said.

Mr Evangelist's lawyer, Franz Zibilich, welcomed the decision and said the videotape supported the defence's position that the officers involved acted appropriately.

"They say a picture is worth a thousand words. This video screams and hollers two words, and those words are not guilty," he said.

Punched and kicked

The footage shows Mr Davis being repeatedly punched and kicked by a group of police officers.

The police said the man was being arrested by two officers for public drunkenness, and then two FBI agents joined in.

Mr Davis was handcuffed and the film shows a pool of blood on the pavement as a result of his injuries.

Dr Frances Smith, who treated Mr Davis at an emergency room, testified that he suffered facial fractures.

Lance Schilling was also fired from the New Orleans Police Department for his part in the beating. Lawyers for both men said the department had rushed the dismissals.

Mr Schilling killed himself on 10th June.

A third officer, Stuart Smith, was accused of a charge of battery against a reporter. The judge threw out that charge because prosecutors improperly used a statement he made to police. Mr Smith served a 120-day suspension and remains on the force.

At the time of the beating correspondents said the incident renewed allegations of racism in the NOPD.

The officers are white and Mr Davis is black, although he has said he does not believe race was an issue in the beating.

The incident came a month after an inquiry was launched into why 250 officers did not appear for work the day after Hurricane Katrina, and into isolated accusations of policemen carrying out looting.