https://www.ksdk.com/article/news/c...ficer/63-920ea098-43e7-407c-972e-5976854e4a41
ST. LOUIS COUNTY, Mo. — Police shared new details Tuesday afternoon about a case involving three construction workers charged with assaulting and kidnapping an off-duty St. Louis County police officer in September.
Matthew Devlin, Garrett Gibbs, and Donnie Hurley II are each facing charges of first-degree assault, armed criminal action and kidnapping.
All three men appeared in court Tuesday for bond reduction hearings.
Devlin is being held on $250,000 cash only, no 10%, bond; Gibbs and Hurley are being held on $100,000 cash only, no 10%, bond.
On Tuesday, their defense attorneys asked for these reductions:
Devlin’s attorney asked for $50,000 bond with 10%
Gibbs’ attorney asked for $25,000 bond with 10%
Hurley's attorney asked for $20,000 bond with 10%
Late Tuesday afternoon, 5 On Your Side learned a judge decided there will be no modification to their bond.
In the latest update from the investigation, police said officers first responded on the night of Sept. 26 on South Lindbergh Boulevard and Lemay Ferry Road when a caller told them a drunk man, who was Black, was being held down by others, who were white.
Officers arrived and placed the man in handcuffs, but they say after 10 minutes, it was determined he was not the initial aggressor.
They also gave him a field sobriety test, which he passed.
Meanwhile, as police investigated the case in the days ahead, they said they determined the off-duty officer was actually the victim.
Police added the off-duty officer was driving in an unmarked car and in plain clothes.
Witnesses said Devlin used racial slurs while screaming at the victim. He said the officer did not "belong down here" and "go back to the hood with your gold chain," according to charging documents.
Police said Devlin then struck the man on the head with a hardhat. They said this led to Gibbs and Hurley holding the officer down while Devlin kept hitting him with the hardhat.
Defense attorneys questioned the details of the case in court, saying the off-duty officer was the instigator.
Devlin is being represented by John Rogers, who said his client was doing nothing more than working that night when an off-duty officer pulled up to the marked work zone and stopped the workers.
Rogers told the judge it was the off-duty officer who was aggressive and threw the first punch at Gibbs.
Scott Rosenblum's office is representing Garrett Gibbs. In court, Gibbs' attorney said Gibbs saw the fight and went over to take a picture of the man's license plate when he was punched. A fight followed.
Hurley is represented by Bradley Dede. Dede told the judge his client was eager to get back to work and his employee is in high demand, which is inconsistent with the charges.
Hurley and Gibbs are still employed with the same company. Rogers said his client, Devlin, was not.
Rogers told 5 On Your Side, "There was some language that is reportedly used that no one should be proud of, but in this particular case, it had nothing to do with what should be a legitimate police investigation of bad acts by an off-duty member of the St. Louis County Police Department."
5 On Your Side asked Rogers about the alleged racist language used.
He responded, "I'm not confirming that any poor language was used. I will say in no civilized society are racial slurs appropriate. It's also not appropriate for law enforcement to pull on to construction zones, pull out their badge, (and) jeopardize the safety of construction workers. It's a red herring."
Rogers called the kidnapping charge "bizarre" saying they were detaining an individual while the construction company called law enforcement.
Rogers added, "This is a case of prosecutors looking out for police officers who are conducting investigations of other police officers."
He said the case overall was "overcharged" and added, "This prosecution is overly zealous."
Rosenblum spoke to 5 On Your Side following the hearings. He said his client was hanging in there and anxious to get out of jail.
"As the course of the case unfolds, we’ll enter a 'not guilty' in the earliest court date as we can and present this case to a jury," Rosenblum added. "Everything will play out in front of a jury at some point in time."
Multiple other organizations, including the Council on American-Islamic Relations (CAIR), have joined the NAACP in calling this a racially-motivated incident.
CAIR, along with other organizations, is calling on state and federal law enforcement authorities to investigate this case as a hate crime.
CAIR's spokesperson Ibrahim Hooper said, "It's something we urge anytime there's a case like this, that everyone speak out, because when it's just one group or one minority community speaking out, there's less of an impact. But when everybody speaks out, then you can have some real change."
A St. Louis County spokesperson also shared this information: "Detectives and the Prosecuting Attorney discussed the application of Missouri State Statute 557.035 - Hate Offenses, however, it was determined it could not be applied as an enhancement to the charges issued per the requirements of the statute."
The officer was placed in an administrative role within the police department immediately following the incident. He has since returned to his full patrol duties.
The next court date for all three men is a preliminary hearing set for Oct. 28.
