Former cop gets probation for punching handcuffed man!
ST. LOUIS, Missouri - June 1, 2010 - A former East St. Louis police officer who punched a handcuffed suspect in the police station and lied about it was sentenced to probation and monetary penalties Tuesday.
Antonio “Tony” McWherter, 47, was angered by damage done to his uniform pants during the arrest of the man on January 30, 2006, and promised payback, Assistant U.S. Attorney Patricia Sumner said in court.
McWherter, who spent roughly 15 years with the department, dragged the suspect into the station’s booking area, where he knew no camera was working, and punched the man, knocking him down and breaking a tooth, Assistant U.S. Attorney Angela Scott said.
McWherter lied about the incident when questioned by the FBI, and lied when he showed up, in his Army uniform, in front a grand jury, she said.
Under federal sentencing guidelines, McWherter, a master sergeant in the U.S. Army Reserve, faced a year in prison, and prosecutors asked for that sentence.
But defense attorney John O’Gara Jr. asked U.S. Magistrate Judge Clifford Proud for probation, saying McWherter would be deploying to Afghanistan later this year, and would not be able to do so if in prison.
O’Gara implored Proud to “let him serve his country, not from jail but in the Army.”
Proud told McWherter that if he was an artist painting McWherter’s portrait, he would ask for “a gallon of paint that was the color stupid.”
Proud said that while stupid, the incident was an “aberration” in a long career as an officer with the stressful job of policing a “tough town.” He also cited McWherter’s awards and medals from the military.
Proud ultimately decided to sentence McWherter to three years of probation, four months of house arrest, a $5,000 fine and $3,489 in restitution to the victim in the case.
McWherter pleaded guilty March 30 to a misdemeanor civil rights charge in a plea deal that has prosecutors dropping a felony civil rights charge and a charge of lying to the FBI.
As part of the plea deal, McWherter agreed to resign and not to seek any job in law enforcement. He also agreed to notify the military that he should not supervise detainees or prisoners.