Liberty homeowner files suit against township officers

By John w. Goodwin jr.

The matter will be heard in a Cleveland court.

LIBERTY — A home invasion and subsequent scuffle with township officers will be the subject of a civil case against the officers to be heard in court early next month.

Ralph Alexander of Wilson Avenue filed the lawsuit against township Officers Chad McGarry and George Bednar, claiming violation of his civil rights, excessive force, false arrest and malicious prosecution. The case will be heard March 2 in the United States District Court Northern District of Ohio in Cleveland.

According to reports, Alexander and a female companion were watching television in his home on Nov. 16, 2006, when an intruder entered the home with a gun and demanded money.

The man ran off with a small amount of cash in rolled coins, but it is the interaction between Alexander and responding police that is the subject of the lawsuit.

Alexander’s female companion called 911 upon the intruder’s leaving the house, while Alexander grabbed a shotgun and ran outside in the direction in which the man fled. He was still “visibly upset and angry” holding the shotgun when officers McGarry and Bednar arrived, according to the reports.

The story at this point takes a different turn depending on who — Alexander or the officers — is relating the details.

Alexander, in court filings, said when officers approached him and demanded the gun he stated “no” or “not yet, I can’t find the ejector” in his attempt to clear the shotgun chamber of ammunition.

He claims officers wrestled him to the ground, but he did manage to clear the chamber.

Alexander said he at no time brandished his weapon or threatened officers.

McGarry and Bednar, in court filings, said Alexander was told repeatedly to put the shotgun down and he refused. One officer, they said, attempted to take the gun, but Alexander pulled it away and began to “sweep” the barrel of the gun toward the officer’s body.

Officers grabbed Alexander and the shotgun with a struggle taking place. McGarry said Alexander grabbed the trigger of the shotgun while it was pointed at the ground in the general direction of McGarry and a shot was fired with the spray from the blast striking both officers.

The officers said they eventually used a Taser and knocked Alexander to the ground, forcing the weapon from his hand. Bednar said he was kicked in the knee and suffered minor injuries during the altercation.

The officers charged Alexander with two counts of felonious assault, but a trial court, after a preliminary hearing, found insufficient evidence to sustain the felony charges.

Alexander subsequently was charged with misdemeanor menacing, but that charge was dismissed because he was not brought to trial in a timely manner.

Atty. Michael Rossi, representing Alexander, said his client was falsely arrested and denied his rights, but he declined to comment further until the March trial. The monetary amount being sought also is up in the air.

“We have not really decided what we think is fair yet. We will decide that between now and the trial date,” he said.

Rossi expects the trial to last about two days.

Police Chief Richard Tisone said his officers did nothing wrong in responding to the call and what they saw upon arrival.

“The officers acted with extreme restraint. They were prudent, and we expect a favorable outcome,” he said.

jgoodwin@vindy.com