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Charges dismissed for now in Taser case
Charges against the Howland woman may be refiled, a city prosecutor says.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
WARREN — Municipal Judge Thomas P. Gysegem has dismissed — at least for now — charges filed against Heidi Gill, who received national attention when arrested by a city police officer using a Taser.
Judge Gysegem dismissed the charges “without prejudice” Thursday at the request of a city prosecutor, Tracy Timko-Rose, because, she said, the arresting officer is not available to testify against Gill in a trial scheduled for later this month.
The officer, Richard Kovach, has been fired because of his actions in an unrelated case. He received a 60-day suspension because of his activities during the arrest of Gill, 38, of Howland.
Timko-Rose explained that because the charges were dismissed without prejudice, she can refile them if Kovach becomes available to testify.
The prosecutor said that because of a criminal investigation being conducted by the FBI in the Gill arrest, Kovach would assert his 5th Amendment rights against self-incrimination if the trial were to go forward later this month as scheduled.
However, he may be able to testify after the investigation is complete, she explained.
The dismissal, Timko-Rose said, has nothing to do with the merits of the case.
Gill was arrested Sept. 2 at Up A Creek, an East Market Street restaurant and bar near Howland.
Pictures from a dash-mounted video camera in a police car show Gill, who a city official said was three times over the legal blood-alcohol level, thrashing around as she was stunned several times by Kovach using a Taser.
Gill was originally charged with assaulting a police officer, a felony; and falsification, resisting arrest, disorderly conduct and unauthorized use of a motor vehicle.
The assault charge was dismissed Oct. 25 because Kovach wouldn’t testify. This left the misdemeanors, which were dropped Thursday.
This opens the door for Gill’s attorney, Mark Hanni, to file a civil lawsuit against the city, police department and Kovach, which he said he plans to do.
Kovach was fired Dec. 6 for searching the car of Tim Brown II on Aug. 23, even though he knew Brown was not a suspect in a murder case. Police were looking for Brown’s brother.
Kovach has appealed both the 60-day suspension and firing. An arbitrator will hear the appeal on the termination Jan. 22, according to Gary Cicero, city human resources director.
yovich@vindy.com
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