An Arnold man and two Fenton men have been charged for allegedly attacking an off-duty St. Louis County Police officer. A witness, who reported the incident, had said the off-duty officer appeared to be intoxicated, St. Louis County Police reported.
The three men were members of a road construction crew working at a site at the intersection of Lindbergh Boulevard and Lemay Ferry Road in south St. Louis County, the case’s probable-cause statement said.
The St. Louis County Prosecuting Attorney’s Office on Oct. 4 charged Donnie Hurley II, 42, of Arnold along with Matthew Devlin, 39, and Garrett Gibbs, 23, both of Fenton, for the alleged assault, court documents show.
Hurley was charged with two counts of first-degree assault, one count of first-degree kidnapping and one count of armed criminal action, according to court records.
Devlin was charged with three counts of first-degree assault, two counts of armed criminal action and one count of first-degree kidnapping, court documents show.
Gibbs was charged with two counts of first-degree assault, one count of first-degree kidnapping and one count armed criminal action, court records said.
A phone call to Hurley’s attorney, Bradley Dede, was not returned to the Leader.
The case’s probable-cause statement said at about 10:40 p.m. Sept. 26, St. Louis County Police were called to the intersection because of a fight involving member of a road construction crew and a motorist, who was later identified as an off-duty officer. The officer was driving an unmarked car and was not in uniform.
The three construction workers argued with the officer, and Devlin allegedly repeated racial slurs and told the officer, who is Black, that he “didn’t belong down here” and to “go back to the hood with your gold chain,” the report said.
Devlin allegedly hit the officer with a hardhat and continued to hit him as Gibbs and Hurley held the officer. Hurley also allegedly choked the officer with the assistance of Devlin and Gibbs, and Hurly continued to hold the officer in a headlock while the alleged victim said he could not breathe, according to the report.
When an officer arrived, the off-duty officer was allegedly being held by two men. The man being held was handcuffed, and a second officer who arrived at the scene walked the man away from where the alleged fight had occurred, St. Louis County Police reported.
The officers didn’t initially recognize the man who was handcuffed as a fellow officer. The man was released from the handcuffs after about 10 minutes because it was determined he was not the aggressor, the report said.
The off-duty officer performed field sobriety tests due to accusations of alcohol use. The off-duty officer did not show signs of impairment, according to the report.
The St. Louis County Police said the off-duty officer was placed in an administrative roll following the incident, but the officer returned to full patrol duties on Oct. 15.
The National Association of Black Law Enforcement Officers (NABLEO) and the Ethical Society of Police (ESOP), a St. Louis organization that represents city and county Black police officers and advocates for equity in the departments, condemned the alleged actions of the three men charged with assault and how the off-duty officer was treated by his fellow officers.
“The racial slurs, the physical violence, and the degradation that this officer was subjected to, not only by his assailants but by members of his own law enforcement agency, are the tools of hatred which were used by white supremacists in the past, and they are the tools still wielded today,” the NABLEO said in a statement on Oct. 13. “We will not remain silent while the specter of the past rises to haunt the present. This assault is an affront to our humanity, and a blatant act of racial terrorism meant to intimidate and demean.”
The NABLEO and ESOP also urged the Missouri Department of Transportation to terminate all contracts with the construction company that employs the men, and the groups called on prosecutors to prosecute the case as a hate crime.
The St. Louis County Police said detectives and prosecutors determined the charges did not meet the requirement for hate crime enhancements.
Bond hearings were held for Devlin, Gibbs and Hurley on Oct. 15. Judge John Newsham denied all three men’s requests to reduce their bonds, court documents show.
Devlin’s bond remained at $250,000 cash-only, and the bonds for Gibbs and Hurley were $100,000 cash-only, according to court records.
The assault and kidnapping charges are class B felonies that each carry a penalty five to 15 years in prison, and armed criminal action charges are unclassified felonies that each carry a punishment of three to 15 years in prison.