Post by Moses on Jan 10, 2005 13:02:00 GMT -5
www.orlandosentinel.com/news/local/volusia/orl-lochandshake10011005jan10,0,5540797.story?coll=orl-home-headlines
Judge to decide: Death grip or just firm shake?
Foes in a Confederate heritage club dispute whether the grasp was a formality, or battery.
By Jeff Libby
Sentinel Staff Writer
January 10, 2005
PALATKA -- A man sometimes is judged by the firmness of his handshake.
In Douglas D. Dawson's case, that will be in criminal court.
That's because the man whose hand he shook says it was a "death grip" that sent him to the hospital.
In a case that has baffled some legal experts, Dawson, 59, will go before a judge this week to face misdemeanor battery charges that could put him in jail for a year and cost him $1,000 in fines if convicted.
The skirmish between Dawson and Robert E. May, 56, of Old Town stems from the ongoing civil war within the heritage group Sons of Confederate Veterans. Dawson and May are members of opposing factions in the power struggle.
May's camp accuses Dawson's allies of having ties to hate groups they say are trying to hijack the history club -- a charge Dawson and others vehemently deny.
In heated elections for state offices in June, Dawson was named the state commander for the Sons of Confederate Veterans. May was elected his second-in-command. When the new officers gathered in the conference room of the Palatka Holiday Inn, the two rivals shook hands.
What happened next will be sorted out in a Palatka courtroom Friday.
Witnesses said May yelped in pain and nearly fell down, according to police records. But Dawson kept squeezing, several witnesses told police. With his free hand, Dawson also gripped May's shoulder to keep him from breaking free, the witnesses said.
Dawson, who has hired a lawyer to fight the charge, would not comment for this article but has previously denied doing anything wrong.
May also would not comment, citing a rule that prohibits members of the Sons of Confederate Veterans from speaking to the media about disputes within the organization. But police documents show he told investigators that Dawson clearly intended to harm him, even after May "hollered at least twice, 'Let go of my hand; you're hurting me.' "
Dawson's "death grip," as May described it, bruised his hand, caused him to twist his ankle and might have caused a cracked vertebra in his back, he said. May has emphysema and takes the medication prednisone to ease his breathing. The drug can cause brittle bones. He also occasionally uses a walker and an oxygen tank. He considers himself disabled.
Five group members who witnessed the incident submitted notarized, written accounts to Palatka police in June and July. A sixth member submitted a statement in October. The accounts differ on how many times May hollered for Dawson to let go of his hand, but most agree that the handshake lasted until another member, Phillip White, broke the two men apart.
Even if Dawson's grip caused May pain, said Bill Stuntz, a law professor at Harvard University, the complaint would be better served in civil court with private attorneys. State prosecutors have wide discretion on what cases they choose to pursue, Stuntz said, and do not have to prosecute every case that is forwarded to them for review.
"I was laughing out loud after reading about this," Stuntz said. "It seems like bizarre behavior on the part of the state prosecutor. . . . If some injury was done, have the guy's insurance company write a check. Don't waste tax dollars on it."
But Robin Strickler, division chief of the State Attorney's Office in Palatka, said his office handles bizarre battery cases all day long, and if prosecutors think they can prove a case, they bring it to trial.
"If you saw all the different ways battery could be committed, you wouldn't wonder at this," Strickler said.
"It could be anywhere from spitting on someone to shooting ketchup in a restaurant. The question is intention."
Jeff Libby can be reached at jlibby@orlandosentinel.com or 386-253-2316.