ST. LOUIS COUNTY — Several local and national organizations over the weekend condemned what they said was a racially motivated attack on a Black off-duty officer by three construction workers last month. They also called on prosecutors to evaluate the charges against the men under Missouri’s hate crime statute.
The groups said the assault — and the way the St. Louis County officer was treated by his fellow officers during the incident — was a blatant display of racism and white supremacy.
“Their words and actions are not just an expression of violence but of a deeper hatred that must be rooted out and condemned,” a letter from the said. “They must answer for their crimes not only as assailants but as perpetrators of racial violence.”
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The Ethical Society of Police, a St. Louis organization that represents city and county Black police officers and advocates for equity in the departments, said the “vile behavior of these individuals echoes the ugly history of white supremacy that plagued this country decades ago.” It urged the Missouri Department of Transportation to immediately terminate all contracts with the construction company that employs the men.
The NAACP St. Louis County branch and the Council on American-Islamic Relations, the nation’s largest Muslim civil rights and advocacy organization, also called for authorities to investigate the assault as a hate crime —
But defense attorney Bradley Dede told the Post-Dispatch the off-duty officer got out of his car, began screaming at the workers and threw the first punch. His client, Donnie Hurley II, was one of the three men charged but is not accused of using racial slurs in court documents.
Dede said the charges were written based “upon hearsay of somebody else.”
“Let’s even assume that he was called names — which I’m not conceding — but if this guy is so thin-skinned and volatile to jump out of the car and do something, the guy shouldn’t be carrying a badge and a gun,” Dede said of the off-duty officer.
The assault happened about 10:30 p.m. on Sept. 26 at the intersection of South Lindbergh Boulevard and Lemay Ferry Road, according to charges filed on Oct. 4
Three men were accused of arguing with and then assaulting a motorist who had apparently driven into their construction zone — Dede said their job was to ensure the safety of the other workers. The motorist was an off-duty St. Louis County police officer, in plain clothes and driving an unmarked car.
According to charging documents, one of the workers used racial slurs against the off-duty officer and told him he didn’t belong there and to “go back to the hood with your gold chain.”
Matthew Devlin, 39, is charged with three counts of first-degree assault, two counts of armed criminal action and one count of kidnapping. Garrett Gibbs, 23, and Hurley, 42, are each charged with two counts of first-degree assault, armed criminal action and kidnapping.
Dede, the defense attorney, noted that the case was originally sealed.
“So I couldn’t even get a copy of the charges until the court lowered the security level,” he said. “I find that to be curious in the first instance. It’s a rarity.”
Police say Gibbs and Hurley held the off-duty officer while Devlin beat him with a hard hat, and Hurley then choked him using a headlock with the help of Gibbs and Devlin. The off-duty officer pleaded with them that he couldn’t breathe, charges said.
Court records refer to the officer only by the initials D.W.

Matthew Curtis Devlin (left), Garrett K. Gibbs (center) and Donnie Gene Hurley II (right).
Devlin and Gibbs did not have lawyers listed in court records on Monday.
But, as Dede said, one of the workers claimed in a KTVI interview that the workers were assaulted first, even though the written police account and the charges filed by the St. Louis County prosecutor don’t mention that.
The work area was blocked off by construction cones and a sign that said “no left turn.” The off-duty officer came into the zone anyway to try to turn left and said he should be able to do it because he is a police officer, the worker said.
But ESOP’s statement said the street was not “marked by road closure signage” and that a construction worker approached the off-duty officer’s car.
“What should have been a brief, uneventful exchange took a dark turn when Matthew Devlin, one of the suspects, began hurling racial slurs and striking the car with an object,” ESOP wrote. “When the officer exited the vehicle, Devlin, without hesitation, struck him in the head with a hard hat as other crew members joined in. The air was thick with hatred. They spat on him and derogatory slurs like ‘stupid (N-word)’ filled the space as the vicious attack unfolded.”
ESOP went on to say the officer’s agency treated him as a suspect and handcuffed him while “giving weight to the lies of his attackers.” The organization said the officer sat at the scene for hours answering questions and was subjected to field sobriety tests.
St. Louis County police Sgt. Tracy Panus said she could not confirm whether field sobriety tests were given, but she said she was not aware of that happening.
The St. Louis County prosecuting attorney’s office said the case is under investigation. No amended or additional charges had been filed as of Monday.
The three men remain in jail. Devlin’s bond was set at $250,000. Gibbs and Hurley were each held on a $100,000 bond.
They are scheduled for bond reduction hearings on Tuesday.