BLACK COMMUNITY ALLEGES POLICE ABUSE

Removal Of Fort Myers Police Chief Sought

In his jail booking photo, Jadell Gilyard's left eye is swollen shut,
a large gash visible beneath it.

To Fort Myers police, Gilyard was a drug offender who violently
resisted officers during a late August arrest. To leaders of the
African-American community, Gilyard was viciously beaten without cause.

Black leaders have called for the removal of Fort Myers police Chief
Hilton C. Daniels and demanded independent intervention in the case,
saying a recent report approving the officers' use of force on
Gilyard was one-sided and unacceptable.

"I'm not looking for their interpretation -- I'm looking for what
actually happened," said James Muwakkil, president of the Fort Myers
Coalition for Justice Inc.

"Their interpretation helps them to justify hurting someone."

Officers arrested Gilyard, 24, late Aug. 31 on felony drug charges
outside the Sunrise Towers apartments, 2825 Central Ave., according
to police reports. He was booked early Sept. 1 into Lee County Jail,
where he remains on four felony drug charges, according to jail
records. Bail was set at $10,000.

Officers said they repeatedly ordered Gilyard to let go of an unknown
object he held in his left hand against his chest.

When he resisted, police said, the officers kneed Gilyard in the
torso, punched the back of his arm and struggled with him in an
attempt to handcuff him.

According to the internal review, Gilyard kept holding on to the
object -- which authorities say turned out to be drugs -- as an
officer tried to force him to the ground. Gilyard hit the ground
face-first, not using his hands to break his fall, according to the review.

"After reviewing the arrest report it was determined that (the
officers) had probable cause to make the arrest and use reasonable
force to do so," the review stated.

The definition of "reasonable force" is debatable, Muwakkil said.
"Their response was basically, 'We can do this,'" he said of the
department's defense of the officers. "This man wasn't violent. The
last time I looked, there was no brutal or ferocious beating attached
to a drug charge."

Muwakkil called for a comprehensive investigation into the police
department's training and disciplinary procedures. He also said
Daniels is an ineffective leader who must be replaced.

It was not known whether the department was planning to investigate
the matter further.

Michael Barnes, Gilyard's cousin and pastor of the Servants United in
Christ Church, held a meeting Wednesday with Muwakkil to allow
Gilyard's mother and girlfriend to tell their stories about what
happened that August night.

Gilyard's mother, Angela Napper, said her son accused the officers of
beating him even after he was handcuffed.

"They put their feet in his face," she said. "My son looked like a monster."

In the past two years, Gilyard, of 3072 Royal Palm Blvd., has been
arrested on four felony cocaine charges, jail records show.

Muwakkil was quick to criticize him.

"We do believe Mr. Gilyard's actions brought this on him," he said.
"Too often, young black men contribute to their own demise."

Barnes agreed but said a larger issue is at stake.

"We're not debating any charges," he said. "But we do not want police
to break the law in order to uphold the law."

Barnes and Muwakkil will hold another meeting Wednesday at the Fort
Myers Housing Authority, 2442 Michigan Ave. The time has not been determined.

And Nov. 21 Barnes plans to speak before the Fort Myers City Council
to call for action against the officers involved.

Despite the criticism, police officials stuck with the findings of
the use-of-force review.

"Any drug-related situation involving a felony crime -- and in this
came several felony crimes -- is dangerous," said police spokeswoman
Shelly Flynn.

"We are confident we acted appropriately within the guidelines of the
Fort Myers Police Department policy and Florida law."