Posted on 08/29/2015 3:28:21 PM PDT by familyop
Eyewitness says police still have not asked what he and other witnesses saw; victim tried to withdraw complaint, but police refused
Cops say retired 4-star general choked delivery driver, resisted arrest; eyewitness says cops over-reacted, dispute didn’t happen the way warrants allege
William “Bill” Livsey, 84, of Fayetteville, a retired four-star general and Silver Star recipient for heroism, ordered home delivery for himself and three other companions from a Chinese restaurant just before 7 p.m. Aug. 15.
Within a couple of hours that Saturday night, the highly decorated retired officer was handcuffed with bloody arms inside a Fayetteville police unit on his way to be booked into jail on charges including theft of services, two counts of obstruction of officers, simple assault, terroristic threats and acts, as well as a felony charge of robbery, according to magistrate court warrants and police reports. Livsey’s bail bond was set at $12,000.
Following questions from The Citizen, Police Chief Scott Pitts, City Manager Ray Gibson and Mayor Greg Clifton have released their side of the story.
The general’s personal caregiver and driver, Tim Bedgood of Sharpsburg, gives a sharply different version of events.
Bedgood charges the multiple officers (“seven cop cars and nine officers”) mishandled the complaint, including handcuffing the 84-year-old so tightly his wrists bled.
The official version “is not accurately portrayed,” Bedgood said, adding that he and two women were in the home from the time the call for takeout was made until the takeout delivery driver left the home. Bedgood said he left to pay the food bill in person at the restaurant, and when he returned, police in force had Livsey in cuffs outside with individual police units stationed at several intersections in the neighborhood.
Not one of the eyewitnesses was interviewed the night of incident about what they saw, Bedgood said. By Tuesday afternoon, Bedgood said, he still had not been asked by police for his version of events.
He said he asked the police captain as officers were taking Livsey away, did they know who they had in custody. "We know exactly who he is; we know he had a highway named after him," the captain responded to Bedgood, he said Tuesday.
Livsey was released Monday on bond after spending two nights in jail.
The dispute between Gen. Livsey, a widower who lost his wife of 60 years in July 2013, and the restaurant delivery driver involved payment of $80.60 for the takeout order, according to warrants filed by police.
The paperwork say the general’s debit card was turned down after being called in by the driver, Ryan Irvin. The Royal Chef Chinese restaurant refused to take a personal check, the warrants allege.
What happened then, the warrants allege, was a physical dispute over payment of the bill or return of the food. Livsey is alleged to have assaulted the delivery driver by placing his left hand around the driver’s neck and pushing him against the refrigerator, warrants said.
Bedgood — who was present and witnessed the whole thing — has a different version of events. He said the general had misplaced his cash and gave the delivery driver an expired debit card. When Livsey offered a check, Irvin refused and reached to retrieve the bags of food being carried in by a woman.
At that point, Bedgood said, Gen. Livsey stepped between Irvin and the woman and “grabbed Ryan by the arm, saying ‘Talk to me, talk to me.’”
Irvin left the Livsey residence without either payment or the food, the warrants allege.
Chief Pitts says, “When the complainant explained that checks are not accepted by the restaurant and he would have to take the food back, the home owner became irate, threatening him and grabbed him by the throat and facial hair and pushed him backwards pinning him against the refrigerator in the kitchen. The complainant stated while he was assaulted by the home owner, two females in the residence took the food and set it on the counter to begin eating. Once released the delivery driver, fearing for his safety, fled the scene.”
Pitts further says, “Upon officer’s arrival at ... Carriage Chase, they located the home owner in question, William J. Livsey, who stated he ordered the food but upon delivery couldn’t find any money to pay for it. He stated when his card was declined the delivery driver pushed him. Officers asked if he purchased the food and he stated he did not, but that he did consume some of the food. Upon arresting Livsey, he created a small laceration on his arm while resisting being handcuffed. Fayette County EMS was called to the scene to provide first aid to his injury. Livsey was then re-handcuffed at which time he began to scuffle with officers attempting to punch one of the officers and kick another one all while making threatening and disparaging remarks.”
The general’s driver, Bedgood, said that he himself paid for the food within 20 minutes of the initial event. He also says that Irvin had tried to withdraw his complaint, allegedly saying that the situation was completely overblown.
An interview with Irvin verified that point. Irvin said Tuesday night he had told a Fayetteville police captain that he wanted to drop the charges but was told that it was not possible.
Bedgood said that he talked with Irvin, who allegedly told Bedgood that Irvin had “a shouting match with a captain” about the charge that the general had gripped his neck.
Bedgood said that Irvin told the captain that the general had never touched his neck, only his arm.
The Citizen posed the following question to Chief Pitts:
1. Did the “victim” Ryan Irvin ask officers to withdraw any charges following the incident?
2. Did a captain have a conversation with Irvin in which Irvin denied that Livsey ever put any hands on the victim’s neck?
3. Did Irvin complain to any officer that the incident was blown all out of proportion?
3. Was the food paid for by the time officers arrived?
4. Does the PD have any protocols to deal with elderly subjects?
5. Did any officer witness the altercation, or is the only report of any crime that of a single witness, the victim himself?
6. Did officers interview any of the other three eyewitnesses inside the house?
7. Did their stories match that of Ryan Irvin?
8. Is it possible that your officers over-reacted and over-charged someone with no criminal record?
Here is the chief’s response:
“We are still reviewing this situation and as such, it is an open investigation. We released information we believe is necessary to initially notify the media of the incident. The responding officers were acting on the information they received from both the victim and the suspect and after presenting the information they received to a magistrate court judge, he agreed there was probable cause for an arrest. We will continue to investigate the incident and proceed through the court system for a resolution as we do with every case. If there is any additional information be it exculpatory or inculpatory that comes to light that needs to be released, we will release it at the appropriate time.”
Fayetteville Mayor Greg Clifton Tuesday afternoon said he was still sorting through all the facts from Saturday night’s incident, but did offer an interesting insight.
“It looks like we may be budgeting for body cameras. That would clear everything up,” he said.
Clifton said he received an email Monday night from City Manager Gibson about the incident and is sorry it happened.
“From what I understand, the neighbors said he had been having some troubles,” Clifton added.
Clifton said Livsey kicked a police officer, which ultimately led to the arrest.
“I’d like to think that our our officers comported themselves in the way they should,” he said.
As it stands now, Clifton said it’s evolving into a he-said-he-said incident, and he will comment further after all the facts are known.
The general apparently received some injuries during his arrest, resulting in paramedics responding to his house and treating him while he was in custody.
City Manager Gibson said this: “It is important to note that in all situations our officers must base their decisions on the evidence and statements presented to them. Our officers received a complaint from a citizen and the complaint was investigated, resulting in an arrest. Our officers cannot apply the law differently based on who the accused may be. This is an unfortunate situation, but we will need to allow the judicial process to take its course and trust that justice for all parties involved will result.”
Here’s what the arresting officers said of each of the charges lodged against Livsey.
• Theft of services — Livsey did “... with the intent to avoid payment knowingly obtain services, to wit: $80.60 worth of food, by assaulting the delivery driver, Ryan Irvin, after his debit card was declined. Livsey refused to return the food to Irvin upon request.”
• Simple assault, a misdemeanor — the 84-year-old “did place Officer D. Bell in fear of receiving a violent injury when he did attempt to kick Officer Bell with his left leg as Officer Bell attempted to place him in the back seat of a patrol car.”
• Obstruction of officers — Livsey refused “to allow officers to place him in handcuffs after being treated by paramedics. After being forced into handcuffs, Livsey refused to willingly sit in the back of a police car and had to be forced in by three officers.”
• Another obstruction charge — Livsey did “knowingly and willingly obstruct or hinder Officer A. Dunn in the lawful discharge of his official duties when he did constrict his muscles and refuse to put his hands behind his back while being placed under arrest for robbery.”
• Terroristic threats and acts — Livsey told “Officer D. Bell that he was going to kill him after Officer Bell escorted Livsey into the back of a patrol car.”
• A felony charge of robbery — Livsey “did between 6:45 p.m. and 7 p.m. at [Livsey’s Carriage Chase] residence “commit the offense of robbery when he did obtain $80.60 worth of food, without paying, after assaulting the delivery driver, Ryan Irvin, who delivered said food. Livsey assaulted Irvin by placing his left hand around Irvin’s neck and pushing him against a refrigerator.”
Livsey on Aug. 17 received a $12,000 special conditions bond from the Fayette County Magistrate Court Judge Robert Ruppenthal. A condition of the bond required that Livsey enroll in an alcohol abuse treatment program.
A retired 4-star U.S. Army general, Livsey is the recipient of the Silver Star for gallantry in action, Defense Distinguished Service Medal and a number of other decorations. Among his assignments, Livsey was Commanding General of the 8th Infantry Division (Mechanized) in Europe, Deputy Commanding General in the U.S. Army Forces Command and was Commanding General of the Third U.S. Army, Fort McPherson.
In October 2008, Livsey was honored with a portion of Ga. Highway 314 in Fayetteville being renamed as the “Gen. Bill Livsey Highway.”
Below, photos taken by Tim Bedgood of wounds on Livsey's arms and wrists after being taken into custody.
Sounds to me like the General is in a lot of trouble.
Wow. He was the CG of 8th ID back in the 80’s and I think CG of 8th Army in Korea as a full general.
I’d tend to believe him over what a cop says.
At that age he may not be the man he once was, or rather his mind may not be what it once was. The minute he (by the admission of his “loyal aid”) grabbed the drivers arm, he was breaking the law.
See Post #2
Agreed.
Considering the way many cops are behaving these days, this may be a good idea for all of them as a requirement for continued employment.
How do you know it’s a lie? Were you there?
I’m sure he was a hero. Now he’s an old hero in need of a court ordered psych exam.
That might not be a bad idea.But in *this* case it must be noted that a cop isn't a brain specialist and cannot be expected to think like one...he can only be expected to take what he sees at face value.If,by chance,my hunch is correct the prosecutor would be duty-bound to refuse to prosecute.If he carries on with the prosecution than the judge is duty-bound to dismiss the charges.And if *that* doesn't happen then it's up to the jury.
7 cop cars and 9 officers for a $80 chinese food bill. Wow, maybe that police needs to have their budge reduced. Obviously not enough crime going on to support all of their salaries.
I’m sorry to say that military members and veterans are wimps. Afraid to challenge the government fearing their benefits will be taken away. If we were truly warriors we would be marching and demanding more from government regardless of the outcome.
He said he asked the police captain as officers were taking Livsey away, did they know who they had in custody. "We know exactly who he is; we know he had a highway named after him," the captain responded to Bedgood, he said Tuesday...At that point, Bedgood said, Gen. Livsey stepped between Irvin and the woman and “grabbed Ryan by the arm, saying ‘Talk to me, talk to me.’”...Bedgood said that Irvin told the captain that the general had never touched his neck, only his arm.
That's *not* defamation.
A dispute over unintentional nonpayment that escalated, followed within 20 minutes by payment in person and an attempt by the restaurant to drop charges, on the one hand. Then on the other hand, you have an elderly man arrested, wrists bloodied by too-tight handcuffs and jailed under $12,000 bond? The two do not logically follow. Police overreaction, imho.
I agree.
Alcohol may also be involved. Cops need to know how to handle people in dementia.
The elderly often have thin skin, like tissue paper. They’ll bleed if the wind blows on them wrong. The very act of cuffing him might have caused blood to flow.
Restitution and simple assault charges, dropped at plaintiff’s behest. That’s what should have happened.
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