07/13/2011
By Janie Ginocchio
Magistrate criticizes police officers harshly
JONESBORO - A settlement for $52,500 was reached in early June in a police brutality lawsuit filed by a convicted sex offender against a Paragould police officer.
Kimberly Dale, who along with Mark Hayes of the Municipal League represented Officer Matt Ring in the lawsuit, said the decision to settle was an economic one.
“We sat down and did a cost/benefit analysis,” she said, and it was determined that it would be prudent to end the case before any more of the taxpayers’ money was spent.
“It’s a matter of principal — how much of the taxpayers’ dollars do we want to spend in defending this?” Mayor Mike Gaskill said.
As a result of the settlement, there will be no judgment entered in the case and it is stipulated in the settlement that there was no finding of fault against Ring or the city, Gaskill said. The Municipal League’s legal defense fund, of which Paragould is a member, will pay the settlement amount.
According to court documents, both sides concede Ring was called to a residence on the night of Aug. 11, 2009, because [name withheld] was on the property. [name withheld] had an active warrant for his arrest because he failed to register as a sex offender with local law enforcement.
The description of events diverge after Ring took [name withheld] into custody. [name withheld] alleged Ring slammed him against a patrol car and onto the ground, rendering him unconscious and injuring his right arm and shoulder. Ring denied the allegations in court documents, saying [name withheld] had fled police before and Ring “did not employ any force other than what was necessary to keep [name withheld] from further fleeing.”
Little Rock attorney Reggie Koch, who represented [name withheld], said in a telephone interview there was “overwhelming evidence” that Ring used excessive force on [name withheld] and that Federal Magistrate Judge Joseph J. Volpe “came down hard” on the defendant in Volpe’s proposed findings and recommendations report.
Magistrate’s report
In the report, Volpe recommended Ring be found personally liable of using excessive force. He also accused the defense of fabricating evidence and presenting several witnesses who lied during testimony.
At issue are two booking photos entered into evidence. A photo referenced as Defense Exhibit 1 shows [name withheld] apparently unconscious with a swollen face and a hand is seen from behind holding [name withheld]’ head up. The defense entered another photo (Defense Exhibit 2) into evidence that showed a conscious and unharmed [name withheld], which the defense said was taken on the night of the arrest.
Volpe cited an affidavit from Brian Agee, who examined the time stamp on the booking photos and noted Defense Exhibit 2 was not taken at time of the arrest, but at the time of a previous arrest made by the Marmaduke Police Department.
“Rather, the true photograph of [name withheld] from August 11, 2009, as Brian Agee reports, is the one in Defendant’s Exhibit 1,” Volpe wrote. “This Court concludes that Defendant Ring and his witnesses committed to advance the same story and joined together in attempting to convince this Court that their photograph in Exhibit 2 was proof positive that Officer Ring did not use excessive force. Unfortunately for Defendant Ring, the indisputable evidence reveals that this story was fabricated.”
According to Volpe’s report, the booking photo that shows an unconscious [name withheld] has disappeared from the county jail’s computer system.
“The Court further concludes that Defendant’s evidence is unreliable because Officer Ring perjured himself, as did Defendant’s witnesses, Lt. [Brendan] Baldridge, Officer [Tamara] Marcoe, and [Greene County jailer] Cody Oost ... these law enforcement officials have lied under oath and have engaged in a cover-up in defense of this lawsuit.”
Volpe noted it was the presiding district judge’s option to find the officers in contempt of court.
City’s response to magistrate’s report
“My officers didn’t lie,” Paragould Police Chief Todd Stovall said. “I’m sorry [the magistrate] feels that way, but they told the truth.”
Gaskill said the city stands behind the police department and its officers.
“I’m disappointed in the judge’s ruling more than anything,” he said. “The evidence presented wasn’t seen in the proper light.”
All of the officers named by Volpe are still employed by the PPD, and in Oost’s case, the Greene County Sheriff’s Department.
In regard to the magistrate’s recommendations, “The court is entitled to make whatever recommendations it sees fit, but we did not see any evidence that Officer Ring used excessive force,” Dale said. “The city still supports Officer Ring and after reviewing the arrest and the police department’s procedures and policies, we did not find any violations committed by the officer against those internal policies.”
