Asheville man whose violent arrest was seen on video pleads guilty to assault, more

ASHEVILLE - Devon Lewis Rayshawn Whitmire, whose violent arrest was captured on bystander and police videos, has pleaded guilty to all charges brought against him.

Whitmire, 28, pleaded guilty Feb. 27 in Buncombe County Superior Court to nine charges: three counts of malicious conduct by a prisoner, two counts of felony assault on a law enforcement officer inflicting physical injury, three counts of misdemeanor assault on a government official, and one count of resisting a public officer, according to a news release from District Attorney Todd Williams.

Visiting Mecklenburg County Superior Court Judge Karen Eady-Williams sentenced Whitmire to serve an active term of 15-27 months in the custody of the N.C. Division of Adult Corrections on one of the counts of malicious conduct by a prisoner. After service of the active term, Whitmire will be released to supervised probation to serve a 15-27 month suspended sentence for 36 months for the two additional counts of malicious conduct by a prisoner. Judge Eady-Williams imposed a consecutive term of 6-17 months suspended for 36 months for the remaining charges.

Whitmire had 291 days pretrial credit from his time served in the Buncombe County jail.

More: Mother of Asheville man in violent arrest criticizes APD actions; asked for medical help

Violent arrest, community protests

Asheville Police Department officers were in the Erskine-Walton neighborhood south of the River Arts District May 13 when they recognized Whitmire, who had an open warrant for communicating threats, according to bystander and police videos.

Whitmire was standing with his back against a car, one arm in a sling, the other holding a cellphone and surrounded by three officers. In total, there were at least four officers in involved: Lt. Michael McClanahan, Shelby Middleton, Matthew Milillo and Sgt. Joshua Veridal.

With the consent of police, the city successfully petitioned a judge for the release of body cam video, with multiple edited clips provided to the public May 25.

Whitmire initially gave his identity of that as his twin brother. When officers said they planned to take him to jail, he said he had a weapon, stating "can y’all back up so I can get my gun off of me,” the videos showed. Officers asked where the weapon was but he refused to say and they grabbed him.

District Court Judge Edwin Clontz in a May 22 bond hearing said police were wrong to lay hands on Whitmire before asking him to submit. Clontz declined to state an opinion on whether Whitmire was choked.

In the ensuing struggle Whitmire and his fiancé said he did not have gun, something born out by a police search after a struggle.

During the fight, but after he was handcuffed and on his back, Middleton put a forearm on Whitmire's throat. Members of a crowd that gathered could be heard voicing concerns, one shouting "he can't breathe." Whitmire at other times appeared to spit at officers and kick at them with bare feet. One officer was treated for injuries at the hospital and released that day.

APD policy forbids, except in extreme circumstances, putting "any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air." Such a chokehold is considered lethal force. But police said an internal investigation determined there was no excessive force. Then-Chief David Zack had publicly criticized the Citizen Times for its description of Whitmire being "pinned" by the neck.

After a reviewing bodycam footage, District Attorney Todd Williams said their was no probable cause for a criminal investigation of officers' actions.

The encounter drew protests from activists, who pointed to nationally known fatal police encounters with Black men such as Eric Garner and George Floyd. Former mayoral candidate Michael Hayes, who is Black, said Whitmire was known to have mental health issues and police escalated the situation. Hayes called for Zack to meet with him and other activists and work on policies to prevent similar incidents. City Council member Sheneika Smith, who is also Black, backed police and said Whitmire had been "terrorizing" people in the community.

On June 2, Whitmire's mother told the Citizen Times her son has multiple mental health problems and that she had been trying to get him involuntarily committed. When Conita Whitmire called asking for that, officers instead arrested him, using what she said was excessive force.

Before his plea, Whitmire's attorney questioned his capacity to proceed in court and requested a psychiatric evaluation. A defendant may lack capacity to be tried in court when evidence shows an inability, due to mental illness or defect, to understand the nature and object of the proceedings, comprehend their situation in the proceedings or assist the defense in a rational or reasonable manner.

But a pre-trial psychiatric evaluation determined Whitmire had capacity to proceed.

APD officers McClanahan and Middleton appeared at the plea hearing and expressed support for the resolution, according to Williams, the DA.

Whitmire apologized directly to McClanahan and Middleton, saying, “I am so sorry I should have let you all do your job that day, it’s all on me. I apologize," according to the DA's release.

Whitmire's attorney Jim Rice asked he be placed on supervised probation after his active sentence and that he receive a comprehensive clinical assessment.

Eady-Williams agreed, ordering the assessment and also ordered Assertive Community Treatment services. The judge encouraged Whitmire to remain on prescribed medication while on probation.

The ACT is a community-based group of medical, behavioral health and rehabilitation professionals who work as a team to help individuals with severe and persistent mental illness.

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Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at [email protected], 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: Asheville man whose violent arrest was seen on video pleads guilty