Gatlin v. United States

833 A.2d 995 (D.C. Cir. 2003)

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Nature of the Case

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Facts

Ken McIntyre, Metro Editor at the Washington Times, called 911. After identifying himself, he stated: 'One of our reporters has been attacked and beaten at a school. We would like you to go out there and meet her there.' He reported that the school was 'Langley Junior High' and that the reporter, who was 'very shaken up,' would meet the police at North Capitol and Seaton Streets. He added:... She's been kicked, hit, and thrown out of the building. I'm serious. I'm deadly serious about this. She's really upset. And she Oh, they stole her notebook, okay? We want that notebook back. It's our property, and it was pulled physically out of her hands as she pleaded to get it back and they held on to it in the principal's office. Clifford Owen, a photographer also was told to go to the school to document the injuries to Ferrechio. Barrington Salmon, a metro reporter for the Washington Times, also appeared on the scene. Officer Poe arrived and then drove to the Langley Junior High School, accompanied by Ferrechio, in his marked police cruiser. Salmon and Owen followed in their personal automobiles. Officer Best also arrived on the scene. Officer Best talked to Dr. Anigbo (D) and Owen concentrated on getting pictures of those who attacked Ferrechio. This started another altercation. Officer Poe asserted that when 'the photographer and reporter entered the office the principal and staff went berserk.' Ds were angry, they were shouting and trying to get hold of the camera. Ds moved towards the photographer and reporter. The three women were 'screaming [and] running towards the photographer and the reporter. Ms. Gatlin had the lead.' Officer Poe saw 'Gatlin (D) swinging at Ferrechio and Owen.' Salmon observed Gatlin (D) as she 'hit Owen in the chest. Officer Best said Ds 'were pushing and shoving in an attempt to get the photographer.' He saw Smith 'swing and hit Officer Poe in the head.' Ds continued to push and shove the officers back toward the door of the principal's office. Officer Best asserted that Dr. Anigbo (D) pushed and shoved him in his 'chest and shoulder area,' and that Smith (D) also pushed him in the 'chest and shoulder area.' Police officers began to swarm the school. They included Sergeants Washington and Dixon, and Officer Rorie. At issue was a notebook that Ferrechio had that was taken by Ds. Earlier in the day, Ferrechio when to the school to get interviews on charter schools and was eventually called into Dr. Anigbo’s (D) office and surrounded by employees of the school. A struggle and fight over Ferrechio’s notebook took place during which Ferrechio was kicked, pulled, shoved, hit, shaken, and ejected from the school. Ds were indicted on six counts. Ds put forth a defense of property but that was denied by the court. Gatlin (D), Smith (D), and Dr. Anigbo (D) were found guilty of assault and battery and taking property without right. Ds appealed.