Paraplegic man won’t go to trial for assault
Prosecutors dropped criminal charges against a paraplegic man accused of assaulting a police officer on the day of his trial.
“We didn’t believe we could prove aggravated assault beyond a reasonable doubt,” Melydia Clewell, a spokeswoman for Chattanooga prosecutors, said Friday in an email.
According to Chattanooga police, Christopher Leo Hardaway pulled a knife on an officer during an argument about whether he could charge his wheelchair outside the Food City on 23rd Street.
But Hardaway, 45, said the officer misrepresented the Sept. 3 encounter. Hardaway said he disclosed the knife to the officer because he believed he was going to jail that night.
Hardaway said the officer’s body camera footage supports his account. The Times Free Press included that footage in a story last month about Hardaway’s upcoming trial.
“This was the best outcome for Leo possible,” said attorney Zak Newman, adding that Hardaway will attempt to undergo medical rehabilitation at Parkridge Valley.
Newman said he was ready to try Hardaway’s case Tuesday in Hamilton County Criminal Court. But when he walked into the courtroom, prosecutors said they planned to dismiss Hardaway’s aggravated assault and criminal trespassing charges.
Aggravated assault is a Class C felony that carries three to 15 years in prison.
Prosecutors also dismissed less severe charges that Hardaway picked up during a different incident in August.
Hardaway said his wheelchair died as he tried to make it to a charger, leaving him stranded on a sidewalk that night for eight hours. He eventually fell asleep and was awakened when an officer shined a light on him, asking why Hardaway was sitting in the cold, blocking the sidewalk with urine soaking his lap.
Frustrated that passing officers had never stopped to help during the ordeal, Hardaway refused to move. He was charged with disorderly conduct, public intoxication and obstruction of the roadway.
He said the August incident made him skeptical of the officer on Sept. 3.
Hardaway, who has several felony convictions, says he is no longer a threat. Because of a 2004 car wreck, Hardaway is paralyzed from the waist down and can’t control his bladder or move his fingers very well.
He said his case represents a larger issue: the harassment experienced by disabled and homeless people who are mostly non-violent, have no jobs or other prospects and often just need help.