Jury sides with Liberty Twp. in action by police in arrest

By John w. Goodwin jr.

The chief said officers were cleared of all wrongdoing in the civil action.

LIBERTY — Township police said they did no wrong in allegations made against them in a civil lawsuit filed in federal court, and a jury has agreed with them.

Ralph Alexander of Wilson Avenue filed the lawsuit against the township and Officers Chad McGarry and George Bednar, claiming violation of his civil rights, excessive force, false arrest and malicious prosecution.

The trial on the suit began Monday in U.S. District Court’s Northern Ohio District, Cleveland.

Police Chief Richard Tisone said the eight-person jury Wednesday unanimously found in favor of the township. The decision, he said, showed that all actions by the officers involved were reasonable and lawful.

“I was confident going into the trial that once our case was heard, it would have a favorable outcome for the police department,” Tisone said. “Our officers are highly trained, and they used great restraint in bringing this incident to a conclusion. I am very pleased for the officers and the department.”

Tisone also said Atty. Gregory Beck of a North Canton law firm, who represented the township, “planned the strategy for the case and executed it perfectly.”

According to reports, Alexander and a female companion were watching television in his home 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.

Alexander’s companion called 911 after the intruder left 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” and 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 claimed officers wrestled him to the ground, but he did manage to clear the chamber.

Alexander had 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.