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Police seek tips after reports of officer brutality

Witnesses say suspect in officer's shooting was cuffed, then beaten.

By Cleve R. Wootson Jr.
cwootson@charlotteobserver.com

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In an unusual move, police have asked the public to contact them about a controversial officer-involved shooting in which witnesses say police beat a suspect who was handcuffed and lying on the ground with a gunshot wound.

Charlotte-Mecklenburg police are seeking more information about the series of events that began with a violent robbery just west of uptown early Sunday. It ended a half-hour later with three people injured by gunfire, including a police officer.

Police say Malcolm Xavier Springs shot a man during the robbery on West Trade Street. Later, as pursuing officers closed in, they say he shot an officer in the leg and was wounded himself.

Investigators are looking into allegations by neighbors that arresting officers used excessive force after subduing Springs.

"In an effort to preserve the trust and confidence of the community, the CMPD investigates all accusations of officer misconduct," the department said in a statement Tuesday afternoon.

The officer was treated and released. Springs was taken to Carolinas Medical Center with life-threatening injuries. His condition improved, and he was taken to Mecklenburg jail Tuesday evening.

Springs' mother, Debra Walls, said she hoped to speak to him about what happened on the night he was injured. She said several people who claimed to be eyewitnesses to the shooting and arrest have called her. On Tuesday, she encouraged anyone else with information to call investigators.

Police say they began looking for Springs after they were called to the 24-hour Marathon gas station at 1419 W. Trade Street about 1 a.m. Sunday. One man had been shot and seriously wounded during a robbery attempt, police say.

The victim in that shooting was not identified. He was treated at Carolinas Medical Center for life-threatening injuries.

A witness at the station gave officers a description of the suspect's car and an officer later spotted that vehicle near Wilkinson Boulevard and Ashley Road.

The suspect jumped from the car and ran, police said. Officer Brent Harrison caught up with Springs on nearby Garibaldi Avenue and began chasing him.

Amanda Artis, who was on the street visiting family, said the fleeing man abruptly turned and drew a gun from the front of his waistband. A flame popped from the muzzle, she said.

The officer returned fire, witnesses and police have said. Artis said she counted 14 shots, though police haven't said how many shots they believe were fired.

Officer Harrison fell in the street in front of Leon Hardin's house, two doors down from Artis. Artis and other witnesses say at least three officers then moved in to subdue Springs.

Eight residents along Garibaldi Street who say they were eyewitnesses to Springs' capture told the Observer officers went too far after handcuffing Springs. Four of those witnesses gave their names for attribution.

The witnesses said officers hit, kicked and stomped Springs as he lay near the sidewalk. The witnesses said they didn't see Springs - who is thin and about 6 feet tall - resisting officers.

"They were beating him," said Wade Miller, who said he watched from his front door, about 20 feet away. "He was handcuffed. I didn't see the man moving."

Police haven't responded directly to the allegations of police misconduct, saying only that internal affairs was investigating.

Tuesday's police statement asks for witnesses to come forward with information about:

The 1 a.m. Sunday robbery on West Trade Street.

The shooting between Springs and Officer Harrison.

The arrest of Springs.

The department said its internal investigation is standard procedure when an officer is involved in a shooting or uses force to make an arrest.

Dwayne Collins, the first vice-president of the Charlotte-Mecklenburg branch of the NAACP, said it's the first time he can remember the department soliciting witnesses to come forward after allegations of police brutality. He lauded the department, but still had questions.

"If the gentleman was shot in the abdomen, what was the need or the necessity for any other force to be administered to him?" Collins asked.

"He was in a very vulnerable position right there - a position where he should be taken to the hospital." Staff writers Ely Portillo and Meghan Cooke contributed.

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