Judge dismisses charges in case



The woman has a pending federal lawsuit against the city and several police officers.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- Charges have been dismissed against a city woman whose arrest in October 2004 on allegations she hit a police officer led to a federal lawsuit against the city of Warren and several of its police officers.
Warren Municipal Court Judge Terry F. Ivanchak dismissed charges against Terra C. Brown of Atlantic Street Northeast on Tuesday, Warren Prosecutor Nick Graham said. Graham said the judge ruled that the time allowed by law for the prosecution to bring the case to trial had expired.
"It had nothing to do with the merits of the case. We just ran out of time," Graham said, adding that charges can't be refiled.
Patrol Officer Doug Hipple has testified that he arrested Brown after she hit him several times after Hipple arrested her son, Regis Allgood, 14, on a disorderly conduct charge. Hipple and Officer Nick Carney arrested the boy after they say he swore at Hipple.
The boy's charges were later dismissed, but Brown, 36, was charged with assault on a police officer and resisting arrest. Her case went before a Trumbull County grand jury, which refused to indict her on any felony charges. The case was returned to Warren Municipal Court in October 2005, where she faced misdemeanor charges of resisting arrest and disorderly conduct.
Brown's attorney, Gilbert Rucker of Warren, declined to comment on the case.
Warren Law Director Greg Hicks could not be reached to comment.
Sued police, city
Rucker filed a federal lawsuit against the officers in the case and the city in October 2005, seeking damages because, the suit said, officers used excessive force, conducted unlawful arrests and violated the First Amendment rights of Regis Allgood while he was using constitutionally protected free speech.
The suit also said the defendants failed to properly train officers and committed assault and battery, false imprisonment, malicious prosecution and intentional infliction of emotional distress. The case is pending in Federal District Court in Youngstown.
The federal suit said Brown became involved with police after she saw her son on his knees before Hipple and Carney, "who had weapons drawn and aimed at the head of her son." The suit said officers also mistreated Brown by slamming her to the ground and restraining her with a foot or knee.
runyan@vindy.com