Carr said he got scared and tried to run away.
"He grabs me and throws me down, kicks me in the stomach and Maces me again. Then he puts his knee in my throat and handcuffs me," Carr said. "When he handcuffs me, he throws me against the car and told me to 'Quit screaming like a little bitch.'"
Carr said he told Leavitt that he is a member of the National Guard 821st Engineering Battalion in Summersville.
"I told him I'm in the National Guard and he should not treat me like this," Carr said. "He tells me to shut ... up and puts me in the car. I was still screaming because of the Mace. He Maced me very much, a lot."
When they got to the Montgomery police station, Carr said Leavitt pulled him out of the car and Maced him again. Carr said he fell back in the car, kicking and screaming. He said he knocked loose a window from the car.
"I couldn't breathe. I thought I was fighting for my life," Carr said. "I thought I was dying."
Carr said Leavitt and another officer dragged him into booking.
Leavitt told Carr that he, too, was in the Army.
"I told him he wasn't worthy to fight for this country if he is going to treat another soldier like this," Carr said.
After that statement, Carr said the other officer struck him with a chair.
"I said they were going to jail for neglecting me," Carr said. "Then Leavitt said, 'You can't prove shit,' and hit me in the head with the nightstick."
They took him to Montgomery General Hospital, where Carr said he got eight stitches in his hairline from being struck by the chair and three staples in the back of his head from getting cut by the nightstick.
Leavitt said Carr came to the police station the next day and apologized.
"It takes a lot to do that," Leavitt said. "Me and Mr. Carr parted, in my opinion, in good ways. My opinion is he got drunk one night and Mr. Carr was afforded every opportunity to relax and chill out."
Run-in with a teenager
Sherkiri Terrell, 17, and her mother say that on Aug. 23 Sherkiri was walking down the street when Leavitt pulled his police car over and stopped her in her tracks.
Sherkiri said she had other run-ins with him before so she pulled out her cell phone and called her lawyer.
"He pushed my head against the wall and put my hand behind my back," she said. "He slammed my phone on the ground."
Sherkiri's mom, Cheryl Terrell, said Sherkiri got the phone and put it down her pants. In the struggle with Leavitt, he bent her over, she said. When the phone began to ring, Leavitt put his hand down her pants to get the cell phone, Terrell said.
Leavitt said he got the cell phone out of the girl's back pocket. He was responding to a call of a fight where Sherkiri Terrell was a suspect, he said.
"She is a constant nuisance," Leavitt said, adding that the girl had been in juvenile detention in the past.
Cheryl Terrell also said her daughter had been in a juvenile detention facility after run-ins with Leavitt.
She said such incidents of harassment have been going on for years.
There is a large criminal element in Montgomery, Leavitt said. And he admits that there are many in town who do not like him because he fights against that element. There are many, he says, who do like him and believe he does a good job.
"The local members of the criminal element, they hate me, they hate Officer Hutchinson," he said.
Leavitt said he is not a racist and that he did not use a racial epithet against Twan Reynolds and has not used it against anyone else.
Roderick and Lakisha White are black, as are Sherkiri and Cheryl Terrell. Joey Carr is white.
"Even if I was the biggest racist on earth, which I am not, that would seal my coffin as a police officer," Leavitt said. "I would not be stupid enough to utter that word while wearing a badge. ... That is just stupidity. But again, that is the first allegation I face if a suspect is black.
"I can't help the fact that I was born a white man. I don't care that I was born a white man. It just so happens that the majority of the criminals in Montgomery, due to demographics, are African-American. When I worked in Smithers, most were white."
Reach Gary Harki at gha...@wvgazette.com or 348-5163.