In October I tried a Resisting Arrest case against my client who was a Major at the Department of Corrections. He had been stopped by two Madison County Sheriff's deputies on a "welfare check." Shortly after getting out of his vehicle the car began rolling forward. He jumped back in and placed the transmission in park. He re-exited. The deputies directed him to put his hands in the air and turn around away from them. He did both. Shortly after he did that he was TASED twice, handcuffed, and charged with Resisting Arrest. The arresting officers claimed my client swore at them, approached them aggressively, and refused commands. A video from a backup officer disputed their claims. We conducted a motion to suppress hearing and then the jury trial. The jury returned in about 30 minutes with a not guilty finding. My client was fully exonerated of the charge. The jury saw the relevant portions of the dash cam video at trial 3 times. They did not request the video during their deliberations. This tells me that their minds were made up after watching the video during the case in chief.
My client is still unemployed and has suffered substantial lost wages and benefits. We have filed a federal civil rights lawsuit against the two deputies. I have advised my client to not accept any offers from the defense in this case. I believe it is strong enough that the jury may award him a substantial amount at trial. Juries don't appreciate when police (or any other witness) lies to them. I expect the federal jury to punish the deputies with punitive damages as well.
I will update the web site when the trial verdict comes back.
