Former Palmer trooper used excessive force, jury said

By JOHN DAVIDSON-Frontiersman reporter

BETHEL -- A Bethel Superior Court jury on Monday awarded an Alakunak man $1.8 million for pain and suffering after an Alaska State Trooper formerly stationed in Palmer shocked him with a Taser gun at least four times in December 2002. Kevin Patrick, 32, brought a civil suit against trooper Eric Spitzer after Spitzer used a Taser gun to subdue him during a struggle to place Patrick in handcuffs.

Patrick escaped from the Alakunak holding cell early on Dec. 18, 2002, while being allowed to use the restroom. He had been detained after assaulting a village police officer with a shovel the night before, according to troopers.

Following his escape, Patrick stole a snowmachine and fled to Emmonak. Troopers were told he was intoxicated, armed with a gun and suicidal.

Spitzer responded solo from the St. Mary's post and found Patrick in Emmonak around 3 p.m. that day. Spitzer's conduct of the arrest formed the basis of a lawsuit heard by the 12-person jury in Bethel last week.

Patrick's attorney, Dave Henderson, told jurors Spitzer tortured and brutalized Patrick with the Taser gun, which eyewitnesses said was used repeatedly on Patrick after he had been handcuffed.

During the trial, Patrick admitted actively resisting arrest and being suicidal at the time.

Spitzer's attorney, Dale House of Anchorage, argued that Spitzer used the level of force necessary to accomplish the arrest and there was no evidence otherwise.

Patrick claimed the Taser gun left permanent marks on his back, shoulder and chest. About $28,500 of the $1.8-million award will go toward future medical expenses, after a psychiatric expert testified that Patrick will need counseling because of the trauma he endured.

Witnesses testified at the five-day trial that they saw Spitzer use a Taser on Patrick multiple times during his arrest, even after he was handcuffed. One bystander told the jury that every time Patrick cried out or screamed, Spitzer would hit him with the Taser gun.

Although Patrick was in handcuffs, officers are allowed to use a Taser to subdue a suspect because it causes enough pain to force the suspect to listen to the officer.

Much of the trial focused on the M26 Air Taser gun itself.

House called an expert witness to testify on the safety of the gun. Dr. Robert Stratbacker, Taser International's medical expert, said no one is permanently scarred by the Taser gun.

Patrick was directed to take off his shirt and show Stratbacker his scars. Stratbacker said he examined the marks and said their size is consistent with someone on whom a Taser has been used. He said the gun had longer-lasting effects on Mediterranean people with dark skin, but he had never examined the effects of the gun on a Yupik person before.

Prior to the trial, Bethel Superior Court Judge Leonard Devaney ruled that the jury would not be allowed to hear about a 2002 case in Palmer that involved allegations Spitzer used an excessive amount of pepper spray and caused serious injuries to a pair he arrested four months before Patrick's arrest.

Spitzer took the witness stand in August 2002 during the trial of Tammy Barile and Milton Peery, who were arrested by Spitzer on Feb. 26, 2001 in downtown Palmer. The arrest resulted in injuries to Barile that required emergency medical attention at Valley Hospital after she cut her head in a struggle with Spitzer.

The two were ultimately convicted of charges of fourth-degree assault, disorderly conduct and resisting arrest, although much of their trial focused on Spitzer's conduct that night.

The Palmer jury ruled that Spitzer acted in accordance with the law and followed standard procedure in that case, and Judge Devaney would not allow jurors to hear about it in Patrick's civil case, saying it would prove too prejudicial.

Spitzer voluntarily transferred from the Palmer post to St. Mary's in August 2002, two weeks before the Barile-Perry trial. Col. Julia Grimes of the Alaska State Troopers said the transfer was not disciplinary in any way and the fact that it coincided with the trial in Palmer was sheer coincidence.

Although the all-Native jury in Bethel ruled in favor of Patrick, troopers have asked the state Department of Law to review the matter for possible appeal.

Despite the jury's verdict, state troopers are standing by Spitzer. According to a statement released by troopers Thursday, Spitzer acted professionally and reasonably in taking Patrick into custody, "which he did without injury to Mr. Patrick or to others."

Although troopers will review the case and most likely file an appeal, Spitzer remains on active duty at the St. Mary's post.

"We always review these situations," trooper spokesman Greg Wilkinson said. "But the reason we do is that we think we might be able to learn something from them about how to do our jobs better."

Contact John Davidson at john.davidson@frontiersman.com.