Detroit-area ex-officer found guilty in videotaped beating
National News
A white, former Detroit-area police officer was found guilty Thursday of assault and misconduct in the bloody beating of a black driver during a traffic stop that was captured on video.
Wayne County jurors handed down the verdict in the case against William Melendez, who was charged in the January beating of Floyd Dent. Police stopped Dent, 58, in the Detroit suburb of Inkster for disregarding a stop sign, and dashcam video from a police vehicle shows Melendez punching him 16 times in the head.
It wasn't until after WDIV-TV aired the footage in March that Melendez was fired. Inkster later agreed to pay $1.4 million to Dent, who suffered broken ribs, blood on his brain and other injuries.
The jurors found Melendez guilty of assault with intent to do great bodily harm and of misconduct in office. They cleared him of a charge of assault by strangulation.
The packed courtroom was largely quiet after the verdict was read, following Judge Vonda Evans' orders to neither "cry out" nor "applaud" out of respect for the jury. Melendez's wife rushed out of the courtroom, invoking Evans' ire and a demand that she return and "sit down."
Evans ordered Melendez to jail pending his Dec. 3 sentencing. Beforehand, defense attorney James Thomas argued that Melendez "is not a danger to the community" and posed "no risk of flight."
Thomas told reporters after the verdict that despite his disappointment, Melendez "remains upbeat" and "resolved." Thomas said he plans to appeal the verdict after sentencing.
Melendez did not testify during the eight-day trial, but his attorney said the officer was justified in the assault because Dent was aggressive and resisting police. Other officers and a criminal justice professor testified that the beating was reasonable because Dent was resisting arrest.
But Vicki Yost, who was chief of police at the time of the beating, said Melendez's actions were unnecessary, based on the video.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.