Local officers sued in excessive force case
In the News
A federal lawsuit filed Thursday in U.S. District Court in St. Joseph alleges that a Maryville teenager diagnosed with autism was tasered multiple times and physically struck by law local enforcement officers last May.
The suit was filed by Ernest J. and Ella I. Kramer, named as co-guardians of Christopher Thomas Kramer, the alleged victim. At the time of the incident, which began around 5 p.m. on May 6, Christopher Kramer was an 18-year-old Maryville High School senior.
Named as defendants in the suit are Missouri State Highway Patrol Trooper Jim David Farmer; Maryville Public Safety officers Seth Rucker, Tyler Salsbury, and John Vaught; and Nodaway County Deputy Sheriff Austin Hann.
According to the complaint filed with the court, Kramer “has a form of autism” that is “the basis for his incapacity and disability” as well as “impairments in comprehension and speech.”
On the day of the incident, the complaint states, the youth was jogging in Maryville when he stopped to tie his shoelace in front of the residence of Trooper Farmer.
There is no sidewalk at the location, the document said, and Kramer was standing on the edge of Farmer’s yard.
Asked by Farmer, “Can I help you with something?” Kramer, who was described in the complaint as becoming frightened, did not respond and resumed running.
Farmer, dressed in civilian clothes, followed Kramer for a distance and then called Maryville Public Safety, telling a dispatcher that “a kid” dressed in running gear “kind of headed for my front door. Then, when I hollered at him he took off runnin’.”
Responding to Farmer’s call to the dispatcher, Officer Rucker and Deputy Hann arrived at about the same time in the area of West 16th and North College Drive. The officers recognized Kramer from the dispatcher’s description, and tried to contain him using their patrol cars.
The complaint states that Kramer had been detained by Northwest Missouri State University police officers about a week earlier, and that the experience had left him “extremely frightened.”
When Kramer continued to run, Rucker and Hann gave chase on foot, shouting at the teen to stop, commands that, according to the complaint, Kramer ignored due to his “terrified state” and “limited comprehension.”
At that point Rucker drew his Taser and threatened to discharge it. Around the same time, Officer Salsbury arrived on the scene and joined the foot pursuit, tackling Kramer and taking him to the ground.
The complaint continues that as “Chris continued to wail and scream in fright,” Officer Rucker advised Salsbury and Hann that he was going to deploy his Taser and shot Kramer with the electrical-shock device three times.
As Kramer began to recover, he got to his feet and attempted to flee and was tased a fourth time. Salsbury and Hann again wrestled him to the ground, and in the scuffle Kramer was reportedly tased again.
Kramer continued to resist, and Salsbury reportedly began striking him in the legs with an expandable baton.
The complaint goes on to state that as officers tried to handcuff Kramer, he made contact with the officers, prompting Rucker to strike the young man on the side of his face with his fist.
Meanwhile, Officer Vaught arrived and tased Kramer for the sixth and seventh times, at which point he was finally subdued.
Realizing Kramer has suffered injuries, according to the complaint, Vaught summoned an ambulance.
While the officers waited for the ambulance to arrive, the complaint states, the “officers finally realized that they were dealing with an individual who had a disability and began de-escalating the situation.” Also, as Kramer started to calm down, Vaught loosened his handcuffs.
After he was checked by the ambulance crew, Kramer was released to his parents. He was not charged.
According to the complaint, Kramer suffered “excruciating pain” as a result of being tased and was “terrified by the incident.” He also allegedly suffered “apprehension, mental distress, anxiety and emotional pain and suffering.”
The Kramers are seeking unspecified damages for wrongful detention and use of excessive force.
Arthur Benson, the Kansas City attorney who filed the suit on behalf of the family, declined to comment.
The City of Maryville issued the following statement late Friday afternoon:
“We understand the concerns of the Kramer family. The reality of law enforcement is that officers must make split-second decisions based on the behaviors and circumstances they witness while protecting their community.
“There simply is no way any officer could have known Mr. Kramer’s personal circumstances before this issue transpired. Officers immediately responded with care and compassion upon discovery of Mr. Kramer’s situation. We are confident the facts will become clear through the legal process.”
Last year, not long before the Kramer incident occurred, Maryville Public Safety began organizing a program called CASPER, which stands for Communication Awareness and Safety Procedures for Emergency Responders.
Essentially, the initiative would create a database containing information provided by individuals with disabilities and their families who voluntarily enroll.
Officers and other first-responders would be able to access the secure database for information about specific actions, precautions, and strategies required when dealing with someone who appears to have special needs.
Approved by the City Council, CASPER has yet to be implemented.
