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July 8, 2011

Trial begins for man Tasered at Jeffersonville City Hall

State alleges intimidation of officer, while defendant claims entrapment

JEFFERSONVILLE — Jeffersonville Police Department officers testified in court Thursday that 38-year-old Calvin Oliver, who was Tasered at Jeffersonville City Hall last year, made profane comments and threatened a police officer.

Oliver’s attorney Amber Shaw claims her client was entrapped by police who were upset about previous encounters he had with officers.

A jury of six and one alternate heard opening arguments Thursday in Clark County Superior Court No. 3. Oliver is charged with class D felony intimidation and two counts of class A misdemeanor resisting law enforcement. The trial is expected to finish today.

On May 14, 2010, Oliver went to Jeffersonville City Hall to speak to Mayor Tom Galligan about alleged harassment by the police. Galligan was unavailable, and Candice Stewart, Galligan’s administrative assistant, pushed a panic button alerting police.

Officers, who were on the first floor of the building, responded and met up with Oliver on the landing halfway down the staircase from Galligan’s office, according to previous reports.

JPD Detective James Craig told jurors he knew Oliver from past encounters and asked him to “hold up a minute” while he went to investigate the cause of the alarm. He said Oliver responded by saying, “F--- you, Craig.”

Craig said Detective Jason Broady arrived and shouted at Oliver to get against the wall. Craig said he put one hand on Oliver’s arm and one on his back to put him against the wall. Craig said Oliver was “flailing his arms and resisting” and continued to repeat that he had not done anything. As the two detectives tried to restrain Oliver, Officer Joshua Lynch arrived and Tasered Oliver, ending the confrontation.

“If he would have answered appropriately, what would have happened?” Special Prosecutor Stanley Levco asked Craig.

“Nothing,” Craig responded.

Levco, who is the prosecutor in Vanderburgh County, is representing the state because Candice Stewart is married to Clark County Prosecutor Steve Stewart.

After the officers transported Oliver to the book-in area of the jail, Lynch said Oliver made a comment that he interpreted to be a threat.

“When I get out, I’ll see you, and it will be on the up and up,” Oliver allegedly said.

Craig said they attempted to obtain security video from City Hall, but the video is only available for 24 hours. Their request was made some time after 48 hours, so the video was not available, he said. They did not request video from the book-in area.

There was some disagreement Thursday about why the panic button was pushed. Craig said they found out after the altercation that Oliver had not caused trouble in the mayor’s office, and Stewart testified that Oliver was not rude or threatening to her.

Stewart testified Oliver came into the office several days before the arrest and asked to speak to Galligan. She wrote down his phone number and left a message from him.

Either the day before or the day of the arrest, JPD Chief Tim Deeringer approached Stewart and asked if Oliver had been in the office, and she told him that he had been there. Stewart said Deeringer wanted her to notify him if Oliver returned so they could escort him out of the building.

“He really has no business being in City Hall. We’ve had some trouble [with Oliver],” Stewart said Deeringer told her.

Deeringer, however, testified that there was a “miscommunication” and he only wanted her to notify them if Oliver caused trouble.

Deeringer testified he told Stewart, “If [Oliver] comes upstairs causing trouble, push the button.”

Shaw then read to Deeringer a deposition in which the police chief said he instructed Stewart to push the panic button if anyone caused trouble, but said he was not speaking specifically about Oliver.

Shaw claims this is a case of police entrapment. Oliver claims he received a voicemail message from Deeringer asking him to come to the police station to speak to him.

Deeringer testified Thursday that he may have left Oliver a message but could not remember. When asked if he called Oliver to City Hall to provoke him, Deeringer said, “absolutely not.”

Oliver has a long history of confrontations with JPD and has filed two formal complaints against three officers. Several times, including the day before his arrest, he protested in front of the police station holding signs, including one that states, “Say no to bad cops.”

One juror asked Craig via a written question why they needed to use “such an extreme measure.”

“There was history we all have with Mr. Oliver,” Craig responded. “I could tell by past experience where this was going.”

In May 2008, Oliver said he saw police responding to a fight between two men on 10th Street and started filming it. He claims two officers told him to leave the area, but he stayed because he believed he had the right to be there. An officer Tasered him and arrested him for two counts of class B misdemeanor disorderly conduct.

Oliver has claimed his problems with the police began in March 2007 when he was arrested on dog-fighting charges that were later dismissed. He posted bond and was released from jail, but an officer saw him the next day and detained him thinking he still had an active warrant. Oliver accused the officer of physically attacking him and threatening his life.

Oliver was also arrested in March 2010 at the Circle K on 10th Street. Police were investigating shots fired, and Oliver refused to leave when asked to do so. He allegedly told an officer, “if you didn’t have the badge and gun, it would be on.”

At one point, an officer reached into Oliver’s vehicle and was bitten on the head by his dog. He was arrested for class D felony battery, class A misdemeanor resisting law enforcement and class B misdemeanor disorderly conduct, but pleaded guilty to class B misdemeanor disorderly conduct.

Oliver was arrested three weeks ago after being charged with class D felony intimidation, class A misdemeanor battery and class B misdemeanor disorderly conduct. One of the men involved in the 2008 fight on 10th Street claimed Oliver confronted him outside a bar in March. The man said Oliver called him a snitch and wanted him to lie for him during testimony for a lawsuit Oliver has against the police department. He said Oliver bit him in the back.

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