Image: Robert Davis
Mel Evans  /  AP
New Orleans police officers were taped in October arresting and beating 64-year-old Robert Davis, who they alleged was intoxicated in public.
updated 1/11/2006 1:41:52 PM ET 2006-01-11T18:41:52

A trial for three police officers who were videotaped beating a retired teacher was postponed Wednesday after a prosecutor said he wanted the officers’ case combined with the charges against the beating victim.

Municipal Judge Bruce McConduit delayed the officers’ trial at least 45 days. The Orleans Parish district attorney’s office has said it is looking into the case, including whether to upgrade the charges from simple battery.

The case attracted wide attention when an Associated Press Television News crew filmed the officers beating Robert Davis, a retired teacher, on Oct. 8 near the French Quarter.

Davis, 64, was booked on suspicion of public drunkenness, resisting arrest, battery on a police officer and public intimidation. He said he was just out to buy cigarettes when he was arrested.

Two officers, Robert Evangelist and Lance Schilling, were fired . Officer Stuart Smith was suspended for 120 days. In municipal court, the officers’ trial would be heard by a judge without a jury. A conviction would bring a maximum six-month sentence.

Attorney Frank G. DeSalvo, who represents the officers, said the possibility of the district attorney taking the case “might make it better.”

“If they make it a felony, I’ll get a jury trial, and I’d love that,” he said.

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