ST. LOUIS (KMOV.com) -- A judge ruled Wednesday that text messages containing racial slurs can be used in the up-coming second trial of a former St. Louis police officer. News 4 has also obtained exclusive video from a police source showing some of the events leading up to the beating of St. Louis Detective Luther Hall while he worked undercover during Stockley protests in 2017.
Hall - a more than 20-year veteran of the department - was assigned to work undercover during the protests in September 2017. His assignment was to blend in, record and livestream back to headquarters to gather evidence about people like those damaging property.
Only later did Hall learned no one back at headquarters was watching. Cellphone video obtained by News 4 captures windows and flower pots being broken and people running.
The video also reportedly shows the police macing protestors from unmarked cars without dispersal warnings. In the video, Hall walks and eventually runs alongside protestors until his video only partially captures what happens next.
An injury report was written at the time but has never been publicly seen before. It says "as officers were making arrests, officer Hall was knocked to the ground striking the concrete." Prosecutors have alleged the incident was much different than that. Officers, believing Hall was just a Black protestor, assaulted him and left him severely injured.
The video shot by undercover St. Louis Police Detective Luther Hall the night he said he was beaten by three St. Louis officers was released Thursday.
Randy Hays has pleaded guilty for his part. Officer Steven Korte was acquitted while former officer Dustin Boone will stand trial again on June 7.
In court documents filed earlier this month, prosecutors point to texts from before and after the September 2017 attack, where Boone repeatedly sent family members and other officers messages using the n-word. Prosecutors say the texts show "Boone's animosity towards African Americans, and that Boone's actions were ... willful and not the result of mistake or accident."
A judge ruled Wednesday that the text messages can be used during Boone’s re-trial.
In July 2017, for example, Boone texted several other officers using racial slurs writing "there r n-words running wild all across the city and even if/when we catch them...They don't get in any trouble because there are plate lips running the cao!" ... Using a slur in reference to the Circuit Attorney's Office. The city's Circuit Attorney is a Black woman.
"I think that's hurtful and professionally its unacceptable," Chief John Hayden said. He's the chief of police with the St. Louis Metropolitan Police Department.
Hayden said he was disturbed by the language used. He didn't say if the other officers who received the texts ever reported them to their superiors. Some of them are still employed by the department.
Steven Korte, Christopher Myers and Dustin Boone were indicted on a charge of deprivation of rights under the color of law. Korte also faced a charge of lying to the FBI and Myers faced an additional charge of destroying evidence. Officers Baily Colletta and Randy Hays were also indicted but have pleaded guilty.
Hayden said their internal investigation right now is on hold, pending the trial. "Criminal investigations take precedence over internal. We might dig deep into what we have learned internally, but we have held off for the criminal process," Hayden said.
Prosecutors also noted texts in which Boone was allegedly helping other officers get drugs for which they did not have prescription.
"Obviously a major concern," Hayden said. "We cannot have officers under the influence of anything while they are doing their job. That would be intolerable and that would also be a part of the internal investigation."
Boone's attorney has asked the judge to keep Boone's texts out of the courtroom, writing that the evidence is "highly prejudicial" and that the jury would "form a negative opinion about the defendant."
But prosecutors are also trying to show jurors a video evidence against former officer Christopher Myers. He was acquitted for the beating, but is being re-tried on charges claiming he destroyed Hall's cell phone to cover up the assault. Boone and Myers are being re-tried together.
In a YouTube video from a scene, prosecutors say Myers was seen covering up his name tag and when was asked him name, Myers responds with "get the [explicit] out of here."
Myers' attorney had argued the video would be prejudicial. In a new ruling Wednesday, the judge said the video could be allowed in but would have to be redacted.
As the jury continues deliberation in the trial of three St. Louis police officers accused of assaulting undercover detective, Luther Hall, during a protest in 2017, lets take a look at the who's on trial, some of the evidence, and other notes from the trial, which wrapped up Friday.
Wednesday, the judge also ruled prosecutors will get to call Boone's now wife to testify on the stand, after ruling there was evidence he married her just to prevent her from testifying. The judge, however, said the evidence about Boone and the drugs will not be allowed in at trial.
When we reached out to Myers' attorney, he said he doesn't comment on pending litigation.
Hall - through an attorney - has declined to comment since the case is still pending.
We haven't heard back from an attorney representing Boone.
The trail is slated to start June 7.