Orlando Sentinel

The South Florida banker

- By Elyssa Cherney Staff Writer echerney@orlandosen­tinel.com or 407-420-5735

who was videotaped in a struggle with Orlando police officers evades a felony conviction after a judge withholds adjudicati­on and sentences him to four years of probation.

In a standing-room only courtroom packed with Noel Carter’s family and community activists, the South Florida banker who was videotaped in a struggle with Orlando police officers evaded a felony conviction on Monday after a judge withheld adjudicati­on and sentenced him to four years of probation.

A jury in August found Carter, 32, guilty of a felony, battery on a law enforcemen­t officer, and a misdemeano­r, resisting an officer without violence, in connection with the June 4, 2015 encounter outside Venue 578 nightclub in downtown Orlando.

The jury deadlocked on a felony charge of resisting an officer with violence and acquitted Carter of a misdemeano­r charge of battery. Orange Circuit Judge Julie O’Kane on Monday also ordered Carter to serve two days in jail with credit for one day already served.

The sentencing hearing capped a case that raised questions about Orlando police officers’ use of force after a bystander’s cellphone video showed an officer kicking Carter six times as he stooped over a curb. The officers also deployed stun guns, pepper spray and batons, according to testimony. Police and prosecutor­s accused Carter of instigatin­g the violence and failing to adhere to lawful commands.

“In no way, most importantl­y, is this an indictment on law enforcemen­t,” Carter told media after the hearing. “Like I told the judge, I regret certain decisions I made that night, and I wish the events of that night had transpired differentl­y. Fortunatel­y enough, justice has prevailed.”

Florida judges can withhold adjudicati­on after juries return a guilty verdict. This allows defendants to retain their civil rights, such as voting, serving on a jury and running for office, and avoid a felony record if they complete probation without a violation.

O’Kane said she made her decision feeling confident that Carter, who otherwise has led a law-abiding life, would not get in trouble with the law again.

“What the case law and the statutes tell us is that probation is an appropriat­e sanction for people who made a mistake and there’s no indication they are going to commit a crime in the future,” she said.

Assistant State Attorney Ryan Williams, who prosecuted the case, announced in court Monday that he would not pursue a retrial on the deadlocked charge. He agreed a felony conviction could derail Carter’s profession­al life as an investment banker.

David Cruz, one of two officers involved in Carter’s arrest, appeared at the hearing with several other uniformed officers, but he did not testify.

During the weeklong trial, he and Officer Charles Mays, now retired, described for the jury how Carter became belligeren­t, lunged at them and wouldn’t listen as they intervened after Carter and his ex-girlfriend began arguing outside the club on North Orange Avenue.

Carter testified that the officers never told him he was under arrest and he was defending himself from their blows. He said he feared for his life.

Newspapers in English

Newspapers from United States