March 23, 2006
By Peter Hirschfeld Times Argus Staff
WATERBURY - Allegations of police brutality have prompted an investigation into whether a Barre Town police officer used excessive force during the arrest of a Graniteville man in November.
Officer Christopher Truhan improperly beat an intoxicated man with his police baton near the Brookside Country Store in Barre Town, according to an anonymous e-mail sent last week to Vermont State Police and then late Tuesday to The Times Argus. Capt. Tim Bombardier, head of the Vermont State's Police's Criminal Investigation Unit, says the investigation is based solely on that e-mail.
The alleged victim, Justin Elias, was unavailable for comment and it is unclear what kind of injuries, if any, he suffered in the incident.
"We're investigating because of the e-mail that was sent to us," Bombardier said Wednesday. He said the investigation began on March 14. "There is an allegation of excessive force by Officer Truhan. My understanding is the initial part of the investigation should be complete and approved and out for review by the Washington County State's Attorney and Attorney General by the end of the week."
The anonymous tipster, who identifies himself as a police officer in the electronic message, described in detail Truhan's alleged improprieties. He claims that an officer on the scene, Sgt. Bill Dodge, told Truhan not to spray Elias with pepper spray, but that Truhan "did anyway."
"Sgt. Dodge told Officer Truhan not to strike the suspect with his baton … which he did many times even (though)… the suspect's hands were cuffed in back and the suspect was on the ground," the tipster wrote.
Elias was charged with misdemeanor counts of unlawful mischief and resisting arrest for his role in the Nov. 30 altercation. The case has since gone to diversion, a program that expunges the defendant's criminal record if they complete court-ordered conditions such as community service.
Truhan responded to a report of an intoxicated male walking down the middle of the East Montpelier Road in Barre Town at about 10:30 p.m. on Nov. 30, according to Truhan's affidavit. After a blood-alcohol test revealed a blood-alcohol content of .229 percent, almost three times the legal limit, the affidavit says, Truhan put Elias in the rear seat of his cruiser. On the way to Barre City Police Department, where Elias was to be lodged for deter, Elias began kicking on the cruiser's backseat windows.
Supervising Officer Sgt. Dodge arrived to assist, according to Truhan's affidavit, and the two Barre Town officers removed Elias from the car to shackle his legs. Elias began resisting him and Dodge, Truhan wrote, and he struck Elias with his baton in the upper leg area, above the knee, "in an attempt to get him down, but it had no effect." When the baton failed to achieve the desired effect, Truhan said, he sprayed Elias in the face with pepper spray.
Reached by phone at his Barre Town home Wednesday, Truhan declined comment. Calls to the Barre Town police station Wednesday were not returned.
The tipster further alleges a cover-up by Barre Town police chief Michael Stevens.
"Sgt. Dodge informed the chief because he felt liable because he was the on call supervisor and that Officer Truhan overreacted to the incident by using improper force and disobeyed a direct order from a supervisor," the tipster wrote in his e-mail to Vermont State Police.
Washington County State's Attorney Craig Nolan, who formally requested the state police investigation, said it isn't unusual for defendants to allege police brutality.
"We hear from offenders who are charged with assault on a police officer or resisting arrest or impeding a police officer that the officer used force which the offender thought was excessive," Nolan said Wednesday. "In this instance, the allegation came not from the offender … but instead from either an officer or some other individual who was a bystander and had obtained information about the incident."
Truhan is the second Barre Town police officer to be investigated by state police in the last three months. On Jan. 27, Officer David Riddle was cleared of any wrongdoing in the November shooting death of Williamstown resident Randy Wiggin.
Elias' mother, Valerie Elias, wouldn't comment specifically on the case but did say Wednesday that "we've got officers out there not doing their jobs."
Her son, she said, has retained the services of a lawyer.
police+brutality
By Peter Hirschfeld Times Argus Staff
WATERBURY - Allegations of police brutality have prompted an investigation into whether a Barre Town police officer used excessive force during the arrest of a Graniteville man in November.
Officer Christopher Truhan improperly beat an intoxicated man with his police baton near the Brookside Country Store in Barre Town, according to an anonymous e-mail sent last week to Vermont State Police and then late Tuesday to The Times Argus. Capt. Tim Bombardier, head of the Vermont State's Police's Criminal Investigation Unit, says the investigation is based solely on that e-mail.
The alleged victim, Justin Elias, was unavailable for comment and it is unclear what kind of injuries, if any, he suffered in the incident.
"We're investigating because of the e-mail that was sent to us," Bombardier said Wednesday. He said the investigation began on March 14. "There is an allegation of excessive force by Officer Truhan. My understanding is the initial part of the investigation should be complete and approved and out for review by the Washington County State's Attorney and Attorney General by the end of the week."
The anonymous tipster, who identifies himself as a police officer in the electronic message, described in detail Truhan's alleged improprieties. He claims that an officer on the scene, Sgt. Bill Dodge, told Truhan not to spray Elias with pepper spray, but that Truhan "did anyway."
"Sgt. Dodge told Officer Truhan not to strike the suspect with his baton … which he did many times even (though)… the suspect's hands were cuffed in back and the suspect was on the ground," the tipster wrote.
Elias was charged with misdemeanor counts of unlawful mischief and resisting arrest for his role in the Nov. 30 altercation. The case has since gone to diversion, a program that expunges the defendant's criminal record if they complete court-ordered conditions such as community service.
Truhan responded to a report of an intoxicated male walking down the middle of the East Montpelier Road in Barre Town at about 10:30 p.m. on Nov. 30, according to Truhan's affidavit. After a blood-alcohol test revealed a blood-alcohol content of .229 percent, almost three times the legal limit, the affidavit says, Truhan put Elias in the rear seat of his cruiser. On the way to Barre City Police Department, where Elias was to be lodged for deter, Elias began kicking on the cruiser's backseat windows.
Supervising Officer Sgt. Dodge arrived to assist, according to Truhan's affidavit, and the two Barre Town officers removed Elias from the car to shackle his legs. Elias began resisting him and Dodge, Truhan wrote, and he struck Elias with his baton in the upper leg area, above the knee, "in an attempt to get him down, but it had no effect." When the baton failed to achieve the desired effect, Truhan said, he sprayed Elias in the face with pepper spray.
Reached by phone at his Barre Town home Wednesday, Truhan declined comment. Calls to the Barre Town police station Wednesday were not returned.
The tipster further alleges a cover-up by Barre Town police chief Michael Stevens.
"Sgt. Dodge informed the chief because he felt liable because he was the on call supervisor and that Officer Truhan overreacted to the incident by using improper force and disobeyed a direct order from a supervisor," the tipster wrote in his e-mail to Vermont State Police.
Washington County State's Attorney Craig Nolan, who formally requested the state police investigation, said it isn't unusual for defendants to allege police brutality.
"We hear from offenders who are charged with assault on a police officer or resisting arrest or impeding a police officer that the officer used force which the offender thought was excessive," Nolan said Wednesday. "In this instance, the allegation came not from the offender … but instead from either an officer or some other individual who was a bystander and had obtained information about the incident."
Truhan is the second Barre Town police officer to be investigated by state police in the last three months. On Jan. 27, Officer David Riddle was cleared of any wrongdoing in the November shooting death of Williamstown resident Randy Wiggin.
Elias' mother, Valerie Elias, wouldn't comment specifically on the case but did say Wednesday that "we've got officers out there not doing their jobs."
Her son, she said, has retained the services of a lawyer.
police+brutality
