Former town cop cleared of assault
Judge excludes video of incident
By Eric Beidel - Staff Writer, Faquier Citizen

A judge Monday threw out the prosecution's key evidence and found a former Warrenton police officer not guilty of assaulting a man mistaken for a robbery suspect.

Steven Chad Brubaker, 26, took the witness stand in Fauquier County General District Court to defend himself against charges that he kicked a passenger of a vehicle after a high-speed chase last April.

Judge Thomas G. Underwood did not view videotape from Mr. Brubaker's cruiser that depicted the incident. Nor did the judge listen to testimony from the state trooper who investigated the alleged assault.

Mr. Brubaker, who has since become a deputy in the Fauquier sheriff's office, on April 24, 2004, took part in a five-officer pursuit of a white Lincoln Continental, driven by the late Richard Elderlark Thompson.

Police spotted the vehicle just north of Warrenton. Officers mistook the passenger in the Lincoln - James Andre Minor - for a robbery suspect.

The Lincoln sped away from police, heading toward Marshall, occasionally traveling north in the southbound lanes of Route 17, officers testified.

An initial roadblock proved a failure. Mr. Thompson rammed a cruiser and continued through Marshall doing about 70 mph on Main Street, where the posted speed limit is 25 mph, officers said.

Mr. Thompson slowed the Lincoln to a stop on Rectortown Road, after an approximately 10-minute chase.

Mr. Minor dove from the passenger side of the car, lying on the ground with his hands up. He lunged from the car before it came to a complete stop, according to testimony.
"I saw a gun in (Mr. Brubaker's) hand and two or three other officers with guns," Mr. Minor testified. Officer Brubaker pointed his gun "straight at my face," the 28-year-old added.

Mr. Minor claimed that as he lay on the ground, with hands up, Mr. Brubaker kicked at his head, the officer's boot connecting with his hand. "It kinda hit my face," Mr. Minor said.
Mr. Brubaker "swiped" his boot at Mr. Minor's hand because the man ignored orders to put his hands behind his head, the officer countered.

Mr. Brubaker put handcuffs on Mr. Minor and pulled him up by the chain of the cuffs, but not before the officer's boot again found its way to Mr. Minor's body. This time, Mr. Brubaker "tapped" Mr. Minor's side, because the man ignored his orders to stand up, the officer said.

"Not like you'd run up and kick a soccer ball," Mr. Brubaker explained.
Culpeper County Commonwealth's Attorney Gary Close called that second instance an unnecessary kick. Mr. Brubaker admitted that it didn't reflect normal police procedures but said his adrenaline ran high.

Mr. Brubaker jabbed Mr. Minor in the back repeatedly once he was in custody and slammed him against the police cruiser, the man testified.

Four other officers on the scene swore Monday that they never saw Mr. Brubaker kick or punch Mr. Minor.

Police did not charge Mr. Minor and gave him a ride back to Warrenton. Officers arrested Mr. Thompson.

The prosecution planned to call Mr. Thompson to testify against Mr. Brubaker. But Washington police found Mr. Thompson shot dead in a Southeast D.C. neighborhood on April 8.

Mr. Minor finished a jail sentence three days before he testified against Mr. Brubaker. He served four months for assault and battery.

The Warrenton Police Department a year ago conducted an internal investigation of the alleged assault on Mr. Minor.

Police Chief Roger Paul watched the cruiser videotape a few days after the incident. Mr. Brubaker's treatment of Mr. Minor concerned him, the chief testified.

Chief Paul assigned the investigation to Capt. Allen Cubbage, who interviewed Officer Brubaker last year on May 4 and May 7. The chief and the officer signed forms stating that any interviews could not be used later during a criminal trial.

Chief Paul imposed disciplinary action upon Mr. Brubaker for using unreasonable force by kicking a subject in custody, according to court records. He never intended to seek criminal charges against his officer, the chief said.

Mr. Brubaker left the Warrenton department last November to take a job with the sheriff's office. Sheriff Charlie Ray Fox Jr. removed him from patrol duties when the state police filed the assault charges. The deputy continued to do administrative work.

Two other former Warrenton officers who took part in the chase - William Quesenberry and Steven Loving -work for the City of Manassas Park Police Department.

Chief Paul brought the case to the attention of the state police on July 29. Trooper Randy Almarode started investigating the incident in September.

Trooper Almarode testified that he saw nothing from the internal investigation or the interviews conducted by Chief Paul and Capt. Cubbage.

However, Capt. Cubbage supplied the trooper with incident reports from the April 24, 2004, chase.

Mr. Brubaker's attorney Joseph Smith called the police department's handing of the videotape sketchy.

An evidence log indicates that Sgt. Lynne Zett gave Capt. Cubbage the tape just four days after the incident. The next entry on the log shows Chief Paul returning the tape to Sgt. Zett three months later. Sgt. Zett gave the tape to Trooper Almarode, according to the trooper.
Judge Underwood refused to view the videotape or reports, stating that the evidence resulted from the police department's investigation.

"It's clear (Police Chief) Roger Paul's intent was to do-in my client," Mr. Smith told the judge during his closing argument.

After more than four hours of testimony and nine witnesses, the judge found Mr. Brubaker not guilty on two counts of assault and battery.

The deputy returned to the road Tuesday evening.
"He's back on the street," Sheriff's Lt. Col. Dave Flohr said.

You may contact Eric Beidel at 347-5522, extension 242, or by e-mail at beidel@citizenet.com
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