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Man stunned 17 times for 86 seconds claims troopers used excessive force
on December 31, 2015 at 3:41 PM
WILLIAMSPORT -- A federal judge says a jury should decide whether two state troopers used excessive force when they stunned a New Jersey motorist for more than 80 seconds with their Tasers in 2011 in Cameron County.
There are factual issues pertaining to whether the actions of Troopers Eric Farabough and Dennis Miller were proper, U.S. Middle District Magistrate Judge William I. Arbuckle III wrote in a report issued Wednesday.
He recommended denying the defense's request for summary judgement on claims that officers used excessive force in a civil lawsuit brought by Paul Kircher III. The recommendation now goes to Judge Matthew W. Brann.
Viewing the evidence favorably to Kircher, as he must at this stage of the case, Arbuckle found there was an apparent abuse of the use of force by the troopers, who in 2011 were stationed at the Emporium substation.
He refers to logs that show the troopers used their Tasers on Kircher 17 times for a period of 86 seconds at approximately 3:30 a.m. on Sept. 14, 2011.
Included in the court documents is a report from R. Paul McCauley, professor emeritus of criminology at Indiana University of Pennsylvania, in which he pointed out the length of time Kircher was exposed to Taser applications greatly exceeded state police guidelines.
Kircher, who in 2011 was living in Gibbstown, N.J., has presented evidence he has suffered medical problems including acute renal failure and chronic post-traumatic stress disorder from being stunned so much.
According to court documents, Kircher was unhappy living with his parents so he decided to drive California to visit a cousin.
Early on Sept. 14, 2011, he said he left Interstate 80 for a pit stop. Because it was foggy, he said he was driving at a slow speed trying to read road signs.
Farabough and Miller said they stopped him because of his slow driving but let him continue once they determined he had a valid driver's license and insurance.
Kircher claims he got lost again so he pulled to the side of Route 120, dimmed his lights and listened to the car radio to try to determine where he was.
Nathan Ball, an assistant Sinnemahoning fire chief, said he saw the car while driving in the opposite direction so he turned around to see if someone needed help.
Kircher claimed he was spooked since it was pitch dark and Ball was not in uniform so he drove away. Ball followed him for more than two miles, activated his emergency lights and through a communications center notified state police.
Farabough and Miller claim when they stopped Kircher a second time he drove away in reverse without his headlights on so they had to use their cruiser to force his car into a guardrail.
Kircher contends the lights were on, he drove no faster than 5 mph and was just trying to find a lighted parking lot.
He disputes the charge he ignored the troopers' commands and was warned Tasers would be used if he did not get out of the car. He claims he feared for his life because the troopers had their guns drawn.
He contends he told the troopers he would get out of the car but they broke the driver and passenger side windows and used their Tasers, court documents state.
Kircher was charged criminally and at a jury trial in December 2012, he was found guilty of fleeing a police officer, careless driving, resisting arrest and driving without headlights. Charges of aggravated assault and drunken driving were withdrawn.
There are factual issues pertaining to whether the actions of Troopers Eric Farabough and Dennis Miller were proper, U.S. Middle District Magistrate Judge William I. Arbuckle III wrote in a report issued Wednesday.
He recommended denying the defense's request for summary judgement on claims that officers used excessive force in a civil lawsuit brought by Paul Kircher III. The recommendation now goes to Judge Matthew W. Brann.
Viewing the evidence favorably to Kircher, as he must at this stage of the case, Arbuckle found there was an apparent abuse of the use of force by the troopers, who in 2011 were stationed at the Emporium substation.
He refers to logs that show the troopers used their Tasers on Kircher 17 times for a period of 86 seconds at approximately 3:30 a.m. on Sept. 14, 2011.
Included in the court documents is a report from R. Paul McCauley, professor emeritus of criminology at Indiana University of Pennsylvania, in which he pointed out the length of time Kircher was exposed to Taser applications greatly exceeded state police guidelines.
Kircher, who in 2011 was living in Gibbstown, N.J., has presented evidence he has suffered medical problems including acute renal failure and chronic post-traumatic stress disorder from being stunned so much.
According to court documents, Kircher was unhappy living with his parents so he decided to drive California to visit a cousin.
Early on Sept. 14, 2011, he said he left Interstate 80 for a pit stop. Because it was foggy, he said he was driving at a slow speed trying to read road signs.
Farabough and Miller said they stopped him because of his slow driving but let him continue once they determined he had a valid driver's license and insurance.
Kircher claims he got lost again so he pulled to the side of Route 120, dimmed his lights and listened to the car radio to try to determine where he was.
Nathan Ball, an assistant Sinnemahoning fire chief, said he saw the car while driving in the opposite direction so he turned around to see if someone needed help.
Kircher claimed he was spooked since it was pitch dark and Ball was not in uniform so he drove away. Ball followed him for more than two miles, activated his emergency lights and through a communications center notified state police.
Farabough and Miller claim when they stopped Kircher a second time he drove away in reverse without his headlights on so they had to use their cruiser to force his car into a guardrail.
Kircher contends the lights were on, he drove no faster than 5 mph and was just trying to find a lighted parking lot.
He disputes the charge he ignored the troopers' commands and was warned Tasers would be used if he did not get out of the car. He claims he feared for his life because the troopers had their guns drawn.
He contends he told the troopers he would get out of the car but they broke the driver and passenger side windows and used their Tasers, court documents state.
Kircher was charged criminally and at a jury trial in December 2012, he was found guilty of fleeing a police officer, careless driving, resisting arrest and driving without headlights. Charges of aggravated assault and drunken driving were withdrawn.
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