Father, sons file claims charging police brutality
DJ
01:00 AM EST on Wednesday, March 10, 2004
By NEIL SHEA
Journal Staff Writer
JOHNSTON -- A father and his two sons have accused three police officers of
brutality and filed damage claims against the town for $300,000.
Timothy King Sr., 45, Timothy King Jr., 25 and Joshua King, 24, allege that
police officers illegally assaulted them as the trio was arrested for
obstruction of justice, assault on police officers and other offenses at their
home on Angell Avenue in January.
Timothy King Sr.'s girlfriend, Sharon Evans, a witness to the arrests, has also
joined the Kings' action against the town saying she suffered emotionally from
the violence.
The claims -- filed with the town clerk and presented to the Town Council on
Monday -- accuse Patrolmen Marc Zaccagnini, Stephen Brown and Joshua Heywood of
harassment, assault and battery. Each of the four alleged victims has demanded
$100,000 for various physical and "psychic" injuries, such as insomnia,
resulting from the arrests.
"The whole family is traumatized," said Arthur Chatfield III, lawyer for the
group.
He described the officers as "out of control" and said the department has "been
engaged in a course of conduct for a number of years that would shock anyone
who believes in civil rights and the Constitution."
Chief Richard Tamburini said he read police reports describing the Kings'
arrests and found no proof to back their brutality claims.
"Based on a review of all of the evidence pertaining to this investigation I
have concluded that my officers conducted this investigation precisely and
correctly," he said yesterday.
Tamburini said the town's legal department and the town's insurer, the Rhode
Island Interlocal Trust, will handle the claims. He would not comment further
on the case.
The Kings' accusations stem from the arrest on Jan. 4 of Terrence Murray -- a
man apparently unrelated to the Kings, but who the police say pretended to be
one of them. Murray's arrest on that cold morning was the first in a spiral of
violent events that left police officers and the Kings injured, insulted and
angry.
At about 9:30, Brown and Heywood pulled Murray over after he failed to stop at
an intersection. Murray, 24, told the officers his name was Joshua King, the
police said. But Brown and Heywood knew King from previous arrests -- and knew
Murray was lying.
As the officers spoke with Murray, Joshua King and his father, Timothy Sr.,
pulled up and asked what was happening. Brown told Joshua that the man they had
just pulled over claimed to be him. Both Timothy Sr. and Joshua replied that
the driver was Timothy King Jr., the police said.
Brown told the Kings to leave. He returned to Murray, who then said his name
was really Timothy King. Brown and Heywood searched the car and found an ID
card with Murray's name and photograph, according to the report. They arrested
Murray for obstruction of a police officer and decided to arrest the Kings on
the same charge after they processed Murray.
Last night, Timothy Sr. said that Murray was a neighbor and that he and his son
had merely been trying to help.
Later that morning, Brown, Heywood and Zaccagnini rolled up to the King house.
Joshua was outside and bolted toward the door when he spotted the police,
according to the report.
The police ordered him to stop, but he slipped inside and locked the door. The
officers said they knocked. Timothy Sr. said they kicked the door open.
Timothy Sr. said he heard a bang and left his bedroom to investigate. He found
three policemen standing in the doorway. He asked if they had a warrant. The
police said they asked where Joshua was hiding.
Timothy Sr. was arrested for obstructing officers during the traffic stop
earlier that morning. He was taken outside and locked in a cruiser.
The policemen searched the house for Joshua. When they found him, the police
said he did not submit quietly. After a struggle, the three officers finally
wrestled Joshua to the ground, sprayed him with pepper gas, and clamped cuffs
around his wrists, according to the police report.
As Brown and Heywood hauled Joshua outside, Timothy Jr. crept up and punched
Zaccagnini in the back of the neck, the police said. The officer spun and
grabbed one of Timothy's arms. He sprayed the man with pepper gas and
handcuffed him.
Timothy Sr., watching from the back of the cruiser, said it was Zaccagnini who
brought Johsua outside -- not Heywood and Brown -- and that the officer was
pressing a gun to his son's back. When they reached the car, Timothy Sr. said
Zaccagnini punched Joshua in the belly and pushed him into the car.
He said his sons would never attack policemen. He said Joshua "isn't like
that."
The three Kings were taken to police headquarters. There, the police said
Joshua attacked Zaccagnini and punched him in the face. Timothy Sr. said the
police beat his sons and ignored Joshua's requests for an ambulance.
Timothy Jr. said he was kicked unconscious and sprayed with pepper gas a second
time.
Joshua is charged with four counts of assault on police officers, resisting
arrest, vandalism and obstructing a police officer. He is now in jail, his
father said, because the police said he violated probation by fighting officers
that day in January.
Timothy Jr. is charged with assault on a police officer and resisting arrest.
Their father, Timothy Sr., is charged with obstructing a police officer.
The family's lawyer, Arthur Chatfield, said the brothers never resisted arrest.
He said the police used excessively brutal force on his clients. Joshua
suffered injuries to his head and teeth, Chatfield said. Timothy Jr. seems to
have lost sight in one eye and now walks with a cane.
"He was sprayed with pepper spray an inch and a half from his eye," Chatfield
said. "This is a case where Zaccagnini harassed the family on and on and on and
on."
Despite the serious nature of the claim, Chatfield said he has not filed
complaints with the attorney general or the Johnston police -- often the first
step in brutality cases.
"Why bother?" he said. "It's a waste of time."
Chatfield will defend the Kings in Superior Court next month. He said he also
plans to sue the Town of Johnston in civil court for damages totalling at least
$1.5 million.
http://www.projo.com/northwest/content/projo_20040310_jbrutal.36241d.html
"The gravest abuse of power - and the gravest threats to personal liberty and
security - are those in which the very individuals to whom we look for the
preservation of law and order turn out to be the predators."
Law Dawg
physical and "psychic" injuries, such as insomnia, resulting from the
arrests."
Excop42198
Then, one of the jackasses flees into a house as they're trying to
detain/arrest him.
THEN, the officers follow into the house (rightly and LEGALLY so) and AGAIN one
of these assholes lies to the cops about where the runner is.
T H E N they assault the cops as they effect an arrest.
Yet, THEY sue.
I hope there is a special place in hell for people like this.
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NEWS FLASH!
Family - "Police shooting unjust."
Film @ 11
d...@cheetah.net
>So, they lie to the cops to try and keep a buddy from being collared.
>
>Then, one of the jackasses flees into a house as they're trying to
>detain/arrest him.
>
>THEN, the officers follow into the house (rightly and LEGALLY so) and AGAIN one
>of these assholes lies to the cops about where the runner is.
>
>T H E N they assault the cops as they effect an arrest.
>
>Yet, THEY sue.
>
>I hope there is a special place in hell for people like this.
There is no place in Hell for these folks.
One has to have a bit of class to get into
Hell. Since they have none, the answer is
simple, eternal suspension.
DCI
