Officers want verdicts tossed

Boynton cops found guilty in beating case

Two Boynton Beach police officers facing potential prison sentences after they were found guilty last month of federal crimes are hoping to persuade a judge to throw out the jury verdicts.

The two men were convicted — in separate trials — of crimes linked to a 2014 police chase and beating.

Officer Michael Brown, 48, was convicted of two charges — one count of violating a suspect’s civil rights by using excessive force and one count of using a firearm during a crime of violence for holding his departmentbond gun in the same hand that he was using to hit the suspect, passenger Jeffrey Braswell.

Sgt. Philip Antico, 37, a supervisor who did not participate in the chase or beating, was convicted of one count of obstruction of justice by lying to the FBI during an investigation of the incident. Prosecutors said he was trying to cover up the actions of officers under his command.

Both men have remained free on since they were convicted just days apart in November.

Attorneys for the officers have both filed multiple legal arguments asking the judge to either overturn the jury verdicts or grant them new trials.

Some of the reasons cited by Brown’s defense include arguments that there was insufficient evidence that Brown acted with “willful intent” or that he used unreasonable force in the circumstances, as well as disputing that the way the gun was used matches the legal definition of a firearm.

Antico’s defense also argues there is not enough evidence to prove that he intentionally misled investigators. The defense is also arguing that an instruction the judge read to the juissued

rors, after they said they were deadlocked, put too much pressure on them to reach a verdict. The defense said the instruction improperly emphasized the cost of re-trying the case.

Federal prosecutors argue the jury verdicts should stand. The judge is expected to rule in the next few weeks.

Brown’s and Antico’s sentencings are scheduled for Jan. 29, and both men could face time behind bars if U.S. District Judge Robin Rosenberg upholds their convictions. If she does, they would likely appeal her ruling to a higher court.

Brown faces a maximum punishment of 15 years in federal prison, which includes a mandatory fiveyear term for the gun offense. His attorney, Bruce Reinhart, declined to comment.

The maximum penalty for Antico’s offense is 20 years in federal prison, though his attorney, Gregg Lerman, said he expects the sentencing guidelines will recommend 15 to 21 months in prison. Lerman said he hopes the judge will sentence Antico to probation, if the conviction stands.

“There’s no reason for a police officer without a blemish on his record for his 15-year career to spend any time behind bars for maybe not being completely forthcoming when he was questioned, long after the event,” Lerman said.

Four current and former Boynton Beach officers went to trial in November in federal court in West Palm Beach on criminal charges linked to the August 2014 beatings of three suspects after a high-speed car chase.

Antico was the supervisor in charge of nine Boynton officers, including Brown, who took part in the chase that went up and down Interstate 95 and surrounding neighborhoods at speeds of up to 100 miles per hour.

When the chase finally ended, in Lake Worth, an overhead Palm Beach Sheriff’s Office helicopter recorded video that showed several of the officers beating, kicking, kneeing, punching and using stun guns on the driver and two passengers.

Jurors acquitted former officers Ronald Ryan, 50, and Justin Harris, 35, of all of the charges against them.

Brown and Antico remain on paid administrative leave from the Boynton Beach police department. They were placed on leave shortly after the criminal charges were filed earlier this year. Brown’s basic annual salary is $71,938, Antico’s is $85,240.

Lerman said he has been told the police department is waiting for the trial judge’s ruling on the defense attorneys’ requests.

The Florida Department of Law Enforcement has already begun the process of revoking Brown’s and Antico’s law enforcement certifications. Once officers’ certifications are revoked, they can no longer work as police officers.

Brown Antico