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September 8, 2010

Jury rules in favor of Charlestown Police Department in lawsuit

Otisco man claimed he sustained injuries during 2006 arrest

By MATT THACKER Matt.Thacker@newsandtribune.com

CHARLESTOWN — A jury awarded no money to an Otisco man who alleged two Charlestown Police Department officers used excessive force when arresting him when he was a juvenile in June 2006.

Travis Baker, now 21, filed a lawsuit against the city of Charlestown, its police department and two officers for allegedly shoving him to the ground, causing head trauma and a tripod fracture to the face. The police department says the injuries were caused by a fight Baker had with his brother.

The trial lasted more than three days, and the six-person jury returned a verdict in favor of Charlestown shortly after 8 p.m. Friday in Clark County Circuit Court.

Baker, then a 17-year-old New Washington High School basketball player, testified he had been drinking whiskey and beer that was purchased for he and his brother, and they went to the Circle K Food Mart on Market Street in Charlestown. The two got into an argument about a girlfriend and a CD.

Baker said he tried to shove his brother but missed. An emergency medical technician in the area called police.

When Officers Keith McDonald and Terry Braswell arrived at the scene, Baker was ordered out of the car. He exited the vehicle and started to walk toward the curb, which he said he thought the officers had told him to do.

He alleged the officers grabbed him from behind, and when he started to resist, he was sprayed with chemical spray three or four times and then slammed to the ground, causing the head trauma.

Charlestown Police Chief Steve Dean said his officers handled the situation exactly the way they were trained.

“I thought they handled it properly. I felt that way from the get-go,” he said. “I knew once the jury saw the whole case, they would agree that our officers acted in a very professional manner.”

The city, represented by attorney Jeffrey Lowe, argued that the injuries occurred because Baker’s brother punched him in the face.

Dean said they demonstrated to the jury the technique used to take Baker to the ground, and that proved the take-down would not have caused injuries to the left side of his face.

Baker’s attorney, Perry McCall, said they were disappointed by not surprised by the verdict. He said he believes Baker was injured because of the police actions, but admitted there were a lot of inconsistencies that made the case difficult for jurors.

McCall said he told jurors that Baker was a country boy from New Washington and could handle a fair fight.

“He didn’t feel the way they did him was justified under the circumstances. He’s moving on and learned a valuable lesson about the legal system,” McCall said. “I don’t anticipate him having any deep-seated resentment from this.”

Baker was charged as a minor with resisting law enforcement, battery to law enforcement, illegal possession of alcohol by a minor, public intoxication and disorderly conduct but McCall said nothing came of the charges.

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