By Amanda Estes

Staff Writer

On Oct. 27, a federal jury awarded Stephen Parker $111,000 toward
medical bills, lost earnings and pain and suffering. Parker claimed he
suffered a torn left rotator cuff, which required surgery and prevented
him from working, as a result of South Portland Police Officer Kevin
Gerrish using his Taser against him during a 2005 drunk driving arrest.

According to Police Chief Edward Googins’ affidavit, it is the first
complaint against the department’s use of the electronic control device.

“I know a lot of departments around the state were following this case
to see what the position was going to be,” said Parker’s attorney, Ben
Gideon. “I think the departments are going to much more carefully
address when it’s appropriate to use them and when it’s not
appropriate.”

As Taser’s are phased into more departments, Gideon expects there to be
more cases alleging excessive force. Since the verdict was handed down,
he has received calls from two people claiming they were unnecessarily
"tased" by a police officer.

Parker filed a suit against South Portland Police Officers Gerrish,
Jeffrey Caldwell and Todd Bernard alleging the use of the Taser and the
force used after its deployment was excessive. He also brought claims
against the city of South Portland, the South Portland Police
Department and Googins, alleging a failure to train and supervise
officers in the use of the Taser.  

According to court documents, n July 21, 2005, shortly before 8 p.m.
Gerrish observed a truck traveling an estimated 20 miles over the speed
limit and followed the vehicle in his cruiser.

When the driver, Parker, pulled over, Gerrish saw he was visibly
intoxicated and noticed beer bottles and a half empty bottle of rum in
the truck. Caldwell arrived on the scene to provide backup and although
he was standing off to the side and observing, Parker began swearing
and making obscene gestures toward him.

The court files further that after Gerrish tried unsuccessfully to
handcuff Parker, who had crossed his arms across his chest, Caldwell
stepped in to assist. Gerrish removed his Taser from his belt and
pointed it at Parker, warning he would be “tased” if he did not follow
their orders. At that point, Parker put his arms by his side and then
clasped his right wrist with his left hand tightly behind his back.
Sgt. Todd Bernard arrived on the scene to provide additional backup and
also removed his Taser and pointed it at Parker.

According to Gerrish’s affidavit, he saw Parker pull his right arm
forward and saw Caldwell’s body jerk forward. Concerned about
Caldwell’s safety, Gerrish deployed the Taser against Parker.

A video recorder in Gerrish’s cruiser captured the arrest, however, it
does not contain any audio because the equipment was either not turned
on or it had a malfunction.

Gideon said his client was passively resisting the arrest and was not
physically aggressive. He said the use of a Taser should be in response
to an act of aggression, whether that is pushing, shoving, hitting,
moving or kicking.

“Our argument was a Taser should be a last resort, not a first resort,”
Gideon said. “He’s done nothing that anybody could reasonably construe
as threatening to anybody.”

According to court documents, the South Portland Police Department
began using the Taser in 2005, following research and a two-year period
of testing and evaluation by a group of officers.

Googins stated in his affidavit the Taser gave the department “another
tool to overcome physical resistance without a physical alteration.”
South Portland police officers also carry “pepper spray” and a
collapsible metal baton in addition to their service firearm.

The Maine Criminal Justice Academy mandates training for the use of
electronic control weapons. Before carrying a Taser, officers must
undergo classroom training, written testing and demonstrate their
ability to use the equipment. Most officers also volunteer to have the
Taser used on their bodies.

At the time of Parker’s arrest, Caldwell was the only officer who was
not certified to carry a Taser and he did not use one. Gerrish was
certified in May 2005 and Bernard was certified in 2003 when the
department made the decision to evaluate the tool.

“The Taser’s deployment prevented the three officers on the scene from
having to engage in a physical confrontation with [Parker] that might
have required the use of other weapons such as pepper spray or impact
weapons, with attendant risk of injury to all,” Bernard said in his
affidavit.

Paul Gaspar, executive director of the Maine Association of Police,
said it can be difficult for jurors to understand police officers often
have to make decisions in a matter of seconds.

“Our fear is that the ramifications of this decision is going to have
an effect on whether or not we purchase and use Tasers,” Gaspar said.
“Our perspective is as technology progresses we seem to be more and
more inclined to be going to these non lethal types of apparatus and
with decisions like this – we feel this strides in technology are going
to be taken away – by popular opinion and the officers are going to be
left with less choices,”

Gaspar said there is a concern that officers will be in a position to
weigh the potential for a lawsuit with the potential of being
assaulted.

Calls to attorney Edward Benjamin, who represented the city, were not
returned and a representative of the South Portland Police Department
was unable to comment by press time. Acting City Manager Jim Gailey
said the city plans to discuss an appeal.