Trial begins in suit against police

Clark County

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September 2, 2010

17-year-old alleges Charlestown officers used excessive force

By MATT THACKER Matt.Thacker@newsandtribune.com The News and Tribune Thu Sep 02, 2010, 12:53 AM EDT

CLARK COUNTY — A Clark County jury will decide whether the Charlestown Police Department used excessive force during its arrest of a 17-year-old in June of 2006.

Travis Baker, now 21, of Otisco, filed a lawsuit against the city of Charlestown, the police department and two officers who allegedly shoved him to the ground, causing head trauma and a tripod fracture to the face.

The former New Washington High School basketball player took the stand Wednesday morning in Clark County Circuit Court in front of the six-member jury. He testified he had to undergo surgery and lost some peripheral vision in one eye. He reportedly has had more than $15,000 in medical expenses.

Perry McCall, who is representing the plaintiff, said Baker and his 18-year-old brother had been at the pool and had been drinking whiskey and beer that was purchased for them. The two were hanging out at the Circle K Food Mart on Market Street in Charlestown when they became involved in an argument about his girlfriend and a CD.

Baker admits attempting to shove his brother but missing. An emergency medical technician who happened to be in the area called police.

Officers Keith McDonald and Terry Braswell arrived at the scene, and one of them ordered Baker out of the car. Baker exited the vehicle and started to walk toward the curb, which he said he heard the officers tell him to do.

McCall said the officer thought Baker was not being compliant, so he grabbed him from behind and startled his client. He said Baker was sprayed with Mace three or four times.

McCall said Baker immediately stopped once sprayed, but officers still allegedly slammed him to the ground resulting in the head trauma.

The lawsuit alleges Baker was arrested without a warrant and without probable cause, although McCall said it is illegal in Indiana to resist even an unlawful arrest.

McCall said the question for the jury is whether the police officers went beyond what was required to make the arrest. He questioned why they did not tell his client to stop rather than grabbing him from behind.

“Officers are trained to avoid confrontation,” McCall said. “In this case, they started a confrontational situation that (Baker) didn’t understand.”

Jeffrey Lowe, attorney for the city, said there are questions about Baker’s recollections of what happened and whether the injuries were from the actions of the officers or from the fight Baker had with his brother.

“I feel confident (the police officers) will be exonerated,” he said.

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. McCall said nothing ever came of the charges.

Baker is seeking compensatory and punitive damages.

The trial is expected to conclude Thursday afternoon or Friday morning.