PORTSMOUTH, Va. — A former jail officer and a former inmate both stood before a judge on Tuesday.
The ex-officer, Robert Whitaker, is accused of strangling Johnnie Simmons at the Hampton Roads Regional Jail in 2019. Both men testified in court during Tuesday's preliminary hearing.
Simmons recalled moments from February 2019 at the jail, saying he sat on the ground and asked jail officials to move him to a different cell due to an issue regarding someone spitting in his food.
He said that's when three other officers, including Whitaker, came over to him to address the problem. Simmons told the judge the officers picked him up and dragged him to his jail cell.
Simmons said Whitaker then took him to the ground and put him in a chokehold and said, "Are you ready to comply?"
Simmons claimed he then passed out and woke up in his jail cell.
Whitaker testified with a different narrative, saying he ordered Simmons to stand, but that Simmons refused. He claimed Simmons started biting and kicking him when the officers picked him up.
That's when Whitaker said he pulled Simmons down to the ground, but he did not choke him.
Two other correctional officers testified as witnesses to the incident, also saying they did not see anyone touch Simmons' neck.
The defense argued at the end of the hearing, saying there is no evidence proving Whitaker put Simmons in a chokehold. The prosecution argued, saying the officers' testimonies did not match the security footage they showed the judge privately.
We asked Whitaker for a comment, but he declined to speak with us. His case now heads to Portsmouth Circuit Court where he will stand trial.
Simmons told 13News Now in January that another officer at the jail watched the video of what happened and encouraged Simmons to press charges.
Whitaker remains out on bond as he awaits his trial date.