PORTLAND – The former president of the Portland chapter of the NAACP was found guilty Thursday of assaulting a police officer and resisting arrest during an altercation over the towing of his car.
Moses Sebunya was fined $500 for each of those misdemeanor convictions, the Portland Press Herald reported. But Justice Thomas Humphrey, who presided at the nonjury trial, acquitted Sebunya of three others – obstructing justice, a second assault and disorderly conduct.
Humphrey said he found Sebunya’s testimony not credible, and accepted the police’s version of events, which were largely backed up by a half-dozen witnesses.
On Aug. 13, 2000, police were preparing to tow Sebunya’s car, which was parked without license plates in front of a fire hydrant. Sebunya told police he had just bought the car and was getting plates the next day.
Police said Sebunya was uncooperative and refused to get out of the road. Sebunya also requested a specific towing company, but officers refused.
Sebunya said Sgt. Sullivan Rizzo made disparaging remarks toward him, which Rizzo denied during testimony.
Rizzo and Officer Robert Morton said Sebunya kicked them, which Sebunya denied.
Several witnesses testified that Sebunya was yelling and out of control and that the officers were restrained in their behavior.
Robert Napolitano, Sebunya’s lawyer, said the witnesses’ versions conflicted. Napolitano said one claimed to have witnessed the incident around 10 p.m. – more than an hour after his client had been taken to jail.
Humphrey said the witness was simply mistaken about the time, and that other inconsistencies were not significant enough.
Napolitano blamed police for making a simple towing case escalate into something more.
“This whole thing could have been straightened out if the police just said OK,” and let Sebunya call the towing company of his choice, he said.
Assistant District Attorney Randall Bates, meanwhile, said it was Sebunya who was responsible.
Humphrey said he was disappointed that Sebunya took no responsibility for the incident, but said that was outweighed by his lack of a criminal record.
Humphrey gave Sebunya no jail time. The prosecutor had recommended a seven- to 10-day sentence.
Napolitano said the recommendation was unheard of for a simple assault case.
“The only reason they asked for it was he was Moses Sebunya,” he said.
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