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Just-Retired Officer Is Charged in Beating of 2 : Police: He is accused of using excessive force with his baton against transients. He was assigned to Foothill Division and left the department this week.

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TIMES STAFF WRITER

A 20-year veteran Los Angeles police officer who retired this week was charged Wednesday with two counts of excessive force for allegedly using his baton last August to beat a pair of transients in what Dist. Atty. Ira Reiner called “simply a case of policeman as bully.”

Lance L. Braun, who was assigned to the Police Department’s troubled Foothill Division, earlier received a 22-day job suspension after the incident was investigated by his supervisor, Sgt. Stacey C. Koon. Koon is one of four officers awaiting trial in the Rodney G. King beating.

Braun could not be reached for comment. His attorney said she has been unable to locate him to advise him that he must surrender by Monday on the felony charges.

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Several sources in the district attorney’s office and the Police Protective League said Braun had gained a reputation over the years of being heavy-handed with his baton, and added that FBI agents investigating police brutality complaints at the Foothill Division have become interested in his past activities.

Reiner, in announcing the criminal charges, issued a strongly worded characterization of the case against Braun, calling it “particularly disturbing” because the victims did nothing to provoke the beating.

“Most use-of-force incidents come at the end of a chase,” said Reiner, indirectly referring to the March 3 beating of King, which began with a police pursuit. “Fear or adrenaline (in police officers) can sometimes cause unprofessional conduct, even though they cannot excuse it.

“Here,” Reiner said, referring to the assault of the transients, “there was no chase, no threat, no resistance. This was simply a case of policeman as bully.”

Authorities said the assault occurred about 11 p.m. on Aug. 2, when Braun approached a group of 15 transients and ordered them to disperse from a corner near Van Nuys Boulevard and Pala Avenue in Pacoima.

According to Reiner, Braun, 42, and his partner, Officer Scott Kennedy, were on patrol when they ordered the group to move on. The officers returned a few minutes later and found that the transients had moved down the block, but had not dispersed.

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“Officer Braun got out of the car and drew his baton,” the district attorney said. “Shouting profanities, he first struck a woman, Theresa Carney, with his baton and pushed her head into a wall. Braun then cornered her companion, William Gable, against a fence, and beat him repeatedly with his baton” on the arms, torso and back.

Reiner said Braun returned to the patrol car and drove off. “He put his hand out the window and said something to the effect of, ‘Now get out of here,’ ” Reiner said.

Afterward, Carney, 25, and Gable, 44, reported the assault to the Foothill Division. Reiner said they were examined at the Van Nuys Jail Clinic by Dr. Samuel Williams, who confirmed that their injuries were consistent with a beating.

Reiner described the injuries as not as serious as those suffered by King.

He also said that while the victims are black and Braun is white, there were no racial overtones in the alleged beating, as evidence has suggested in the King case.

Reiner noted that it was ironic that Koon, the highest-ranking officer charged in the King beating, was also the Police Department supervisor who investigated the brutality complaint against Braun.

Deputy Dist. Atty. Jodi Rafkin, who has been assigned to prosecute Braun, said it is unlikely that Koon would testify at Braun’s trial because he was not an eyewitness. She did say that Koon was diligent in putting the case together against Braun.

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“It appears he didn’t drag his feet,” she said. “We have no complaints with the way the LAPD handled this investigation.”

Reiner said Braun was later identified by the victims in a police lineup. Kennedy did not participate in the beating, has cooperated with authorities and will be a witness against Braun, officials said.

The prosecutors turned away speculation that they sat on the case, and filed the charges only in light of the public uproar over the King beating.

“There were a lot of individuals at the scene,” said Rafkin. “We wanted to make sure we talked to everybody. And we contacted every single individual. We also had to get documents from the LAPD. So eight months wasn’t that long of a time.”

Reiner also denied that his office waited to file the charges until after Braun filed for and received his service-connected pension of 40% of his salary.

“His retirement with the LAPD is unrelated to our criminal charges,” Reiner said.

Prosecutors said that if Braun does not surrender by Monday, county marshals will attempt to locate and arrest him. He faces a maximum prison sentence of 3 years and 8 months, if convicted.

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Diane Marchant, an attorney who was asked by the Police Protective League to represent Braun, said she did not know his whereabouts.

“I’ve never even met the guy,” she said. “We tried to reach him and were unable to. I have no idea where he is. I suppose that since he just retired, he took some days off.”

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