City must pay $30,000 to student

A federal jury has awarded $30,000 to an Ohio State University student who said he was beaten by Columbus police officers after they confronted him for having an open beer can on the ground.

Joseph Hines will receive the money and the city must pay his attorney’s fees after the jury found that Officer Thomas DeWitt used excessive force while arresting Hines in August 2012.

The Columbus City Council approved the payment at its meeting on Monday night, but the six members in attendance did not discuss the incident before each of them approved.

The incident happened about midnight near N. High

Street and 13th Avenue, where DeWitt and other officers on bicycles noticed an open container near Hines, according to court records.

Hines said that after he was placed in handcuffs DeWitt sat on his back as Hines lay on the ground. Hines said he was yelling that he couldn’t breathe as DeWitt punched him three to six times in the head and face.

In court records, DeWitt did admit to punching Hines while making the arrest but didn’t say why. Hines’ face was bloodied and his left eye swollen shut because of the beating, according to his arrest photos.

Hines, of Jackson, Mich., pleaded guilty to one charge of littering and paid a $100 fine.

The jury found DeWitt used excessive force and awarded Hines damages, Columbus City Attorney Richard C. Pfeiffer Jr. said.

Hines and his attorneys originally asked for $5 million, Pfeiffer said.

Hines’ father, James Hines, said officers left his son braindamaged and in need of constant care. He said the beating was more severe from white officers because his son is black.

“Joseph hasn’t worked since that night,” said James Hines, a pastor in Jackson, Mich. “The doctors said he has posttraumatic stress disorder, and he gets $30,000 while the attorneys are going to get $400,000.”

Joseph Hines graduated from Ohio State in December 2014. His family said Ohio State football legend Archie Griffin was instrumental in looking out for their son after the incident. For now, DeWitt, 44, remains on duty in the Police Division.

Jeff Furbee, an assistant prosecutor for Columbus who focuses on police issues, said the division concluded its internal investigation of the incident but was waiting for the court ruling before reviewing the investigation and making a ruling on DeWitt’s status.

Hines refused to talk with internal investigators on the advice of his attorneys. That forced the city to rely on what came out during court proceedings, Furbee said.

Furbee said part of the jury’s ruling rejected Hines’ contention that DeWitt’s actions were malicious, but it agreed that he used excessive force.

The ruling comes as the city is beginning talks on how to implement body cameras for police officers by the end of 2016. Incidents such as Hines’ arrest would be captured on those cameras.

The city council also approved on Monday night raising water and sewer rates for nearly all water users in Franklin County.

The 3.3 percent increase for customers will raise the average user’s bill by $34 for the year for Columbus residents, $40 a year for those in the suburbs and other areas of the county.

The new rates are effective at the beginning of 2016.

Columbus controls water for the entire region, or for about 1.2 million people. Most suburbs and Franklin County buy their water from the city.

Columbus owns and operates three water plants, 37 storage tanks and 25 pump stations that pull and clean water from four area reservoirs. The water is delivered and serviced through about 3,500 miles of waterlines.