LEONARD GRAY / L’Observateur / January 14, 2000

HAHNVILLE – Four men charged with battery on a police officer were all found not guilty by a Hahnville court this week, partly on the good- character testimony of the district attorney and a retired district judge.

One of the four, however, was convicted for kicking out a police car’s rear window after he was arrested.

The two-day trial, Jan. 10-11, before ad hoc Judge Walter Kolin resultedfrom an incident on Sept. 28, 1997, in St. Rose.Michael Dibenedetto, 43, 205 St. Rose Ave., had allegedly injured a 10-year-old neighbor boy after his own son reportedly shot a dart at the youth’s eye.

Dibenedetto was fined $25, ordered to pay for the window’s replacement and received a 10-day suspended sentence.

Cpl. Paul Finn and Deputy Stephen Petit, responding to the complaint,located Dibenedetto outside Carmouche Air Conditioning, where he was reportedly outside the store with four other men.

When told he was being arrested, Dibenedetto became upset and struggled with officers. At this point, Allen Carmouche, 63, 17 Mustang Lane, St.Rose, began struggling with deputies to free his friend. At the same time,Harry Carmouche, 62, 14 Sycamore St., St. Rose, and Kenneth W. Veneralla,50, 621 Sheldon Drive, River Ridge, likewise joined in the struggle.

Several of the men were sprayed with pepper spray by the officers to subdue them and Petit drew his gun, fearful for his safety. Eventually, allfour men were subdued and taken into custody.

Allen Carmouche was charged with simple assault, two counts of battery on a police officer, resisting an officer, aggravated assault and disturbing the peace. He was found not guilty on all charges.Harry Carmouche was charged with two counts of battery on a police officer, resisting arrest and disturbing the peace. He was found not guiltyon all charges.

Veneralla was charged with battery on a police officer, resisting arrest and disturbing the peace. He was found not guilty on all charges.Dibenedetto was charged with simple battery, resisting an officer, simple criminal damage over $500 and disturbing the peace. He was found notguilty on three charges and convicted on the criminal damage count.

District Attorney Harry Morel had recused himself from the case and was subpoenaed as a character witness for the defendants, as was former 29th Judicial District Judge Joel Chaisson. With a former judge among thecharacter witnesses, this prompted bringing in an ad hoc judge.

Morel said he was subpoenaed as a character witness and saw nothing amiss with defending people who were charged with assaulting the sheriff’s deputies in this instance.

“It shouldn’t affect the department at all,” Morel said afterward. “I didn’tvolunteer to testify, and I didn’t say anything bad about the deputies.”Chief Deputy Joseph Cardella, speaking on behalf of Sheriff Greg Champagne, said, “Obviously, we’re disappointed.” He added the judge’sacquittal only showed there was no proof presented beyond a reasonable doubt that a criminal act had occurred, “but it does not point to improper conduct by the deputies.”Deputy Petit is no longer with the department.

Prosecuting before Judge Kolin was state attorney general prosecutor Ellison Travis. Defense attorney was Daniel Becnel III.

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