Officer Wyatt Henderson of Florida has had his sentence reduced at a hearing in the Court of Appeals. The former Chief of the Narcotics Unit in the Charlotte County Sheriff’s Department was accused of hitting drug dealer Christopher Grant of Ft. Myers with his service weapon while arresting him. Officer Henderson was initially sentenced to seven years. As a result of the re-sentencing by Judge Anne C. Conway, his term is now 27 months.

In July 2006, Officer Henderson filed a Writ of Habeas Corpus and a Motion to Vacate and Set Aside the Sentence. This new motion alleges that Deborah Rowe, his trial attorney, was under the influence of prescription medications that affected her ability to properly conduct a defense of the charges against him. Most importantly, Ms. Rowe neglected to enforce an agreement whereby Officer Henderson would not be charged if he passed a lie detector test, which he did. In addition, she failed to object to certain evidence that was improperly allowed into evidence.

Despite passing an FBI polygraph test, the lack of witnesses, and evidence to the contrary, a Officer Wyatt O. Henderson was charged in a federal indictment with unreasonable use of force in an arrest.

Officer Henderson, a 24-year veteran of law enforcement with an exemplary record, and the Chief of the Narcotics Unit in the Charlotte County Sheriff’s Department, has waged a long legal battle resulting from the incident.

On May 21, 2002, two undercover officers had arranged to purchase drugs from Christopher Grant. When Grant realized who they were, he fled, tossing a bag of 20 ounces of marijuana out the window. Officer Henderson pursued him and managed to force Grant’s van to the side of the street. With the police cruiser just three feet from the suspect’s van, Officer Henderson ordered Grant to get out of his car. Grant refused at first but finally exited and got down on his hands and knees between the two vehicles.

When Grant refused to lie down on the pavement as directed, Officer Henderson, all 6’3” and 250 pounds of him, placed his knee on the suspect’s back. Grant’s chin hit the ground. While being examined at the hospital after the incident, he told the medics that he fell while being pursued by the police. The two-centimeter laceration on his chin was described as “superficial” by the treating physician. His only injury was a hairline fracture of his chin that required no treatment.

Charges against Grant included drug possession with intent to distribute, carrying a concealed weapon (brass knuckles), resisting arrest, and flight to avoid arrest. The Internal Affairs division conducted an investigation and concluded that all policies had been appropriately followed and that the arrest was proper and lawful.

Several months later during a wide-ranging probe of the narcotics unit, Officer Henderson testified against several personnel, causing two of those who were dismissed to bring false charges against him. The two were Detectives Bennett and Durant, undercover officers. It was Officer Durant who handcuffed Grant that night. About this same time, Christopher Grant filed a civil rights action against the Charlotte County Sheriff’s Police and Wyatt Henderson. Grant now claims that Officer Henderson hit him with a pistol.

Dr. Werner U. Spitz, a medical expert, testified in the civil case that Grant’s claims of being hit with a pistol are unsupported by the facts. The medical records give no indication that Grant suffered a blunt force strike. The only injury that he had was to his chin when it was forced to the ground by Officer Henderson. There was a surface abrasion but not an open wound. If Grant had been struck with a handgun, there would have been a laceration or other indication that he had a blow to his face.

Ken Katsaris, a certified law enforcement “use of force” instructor in Florida, also testified that the use of force by Officer Henderson was reasonable and that Grant’s injuries were consistent with the proper use of force and not with the excessive use of a weapon.

Officer Henderson passed an FBI polygraph test.