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	The Ypsilanti Courier A Heritage Newspaper Weekly Publication

Deputies, sergeant indicted in wrongful death

Third defendant set to be arriagned Friday

By Christine Laughren, Staff Writer

PUBLISHED: March 27, 2008

Washtenaw County Sheriff's deputies and a sergeant last week were indicted in two separate indictments by a federal grand jury in Detroit for violating the civil rights of two Ypsilanti Township men.

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The indictments charge Deputy Joseph Eberle, 35, Deputy Eric Kelly, 37, and Sergeant Shawn Hoy, 37, for using unreasonable force against two brothers in the early morning hours of June 1, 2006.

United States Attorney Stephen J. Murphy said last Monday that the men will be "vigorously prosecuted" for "abusing power with tragic consequences."

According to the indictment, Eberle is charged with intentionally using unreasonable force on Clifton Lee Jr., 45, who died as a result. The indictment says Eberle kneeled on Clifton's neck and struck him.

Kelly and Hoy are charged with intentionally using unreasonable force on Clifton's brother Bruce Lee who was kicked several times and sprayed with pepper spray in the face and mouth.

It is also alleged in the indictment that Hoy intentionally failed to prevent the use of unreasonable force by Kelly.

The June 2006 incident originally took place near the intersection of Eugene and Cayuga avenues in Ypsilanti Township. Clifton and Bruce responded to a family member who was pulled over by two deputies.

The cause of Clifton's death, reported by Dr. Bader Cassin, Washtenaw County's medical examiner, was asphyxia due to the weight of several people pressing his chest against the ground.

According to Gina Balaya, with public information at the U.S. Department of Justice Eberle faces a maximum sentence of life in prison. Hoy and Kelly face up to 10 years.

Both Hoy and Eberle were arraigned last Friday afternoon. Kelly is scheduled to be arraigned at 1 p.m. Friday in Detroit.

According to Washtenaw County Sheriff's Cmdr. Dave Egeler, an internal investigation is now underway at the Sheriff's office. He said about a dozen officers were involved in the Lee incident.

Egeler said the Sheriff's department has not been able to conduct any internal investigation until the Department of Justice finished its own investigation.

"We're reviewing the incident now and everybody's conduct," he said.

Eberle, Kelly and Hoy are all on unpaid administrative leave pending the outcome of the Sheriff's office internal investigation.

Clifton's family received a $4 million settlement in early February from Washtenaw County. The family filed a lawsuit in 2007 seeking damages for police brutality and wrongful death.

Contact Staff Writer Christine Laughren at 697-8255 or at claughren@heritage.com

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