Parents of Brunswick teen prepare to file federal lawsuit alleging police violated constitutional rights of their son
Published on October 23, 2006
By Pamela Rigaux
News-Post Staff
BRUNSWICK -- U.S. Marine Col. Paul Augustine recently installed surveillance cameras on his new home, even though his neighborhood in the quiet upscale Galyn Manor subdivision is terrific, he said.
The cameras are to guard against police, Col. Augustine's wife, Kathy O'Ferrell-Augustine, said. She and her husband are about to file a federal lawsuit alleging police brutality and constitutional rights violations.
The Augustines' complaint centers on a June 20 incident that sent their 16-year-old son and his 16-year-old friend to the Brunswick Police Station and to Frederick Memorial Hospital, according to reports of the incident. A police officer was also treated at the hospital for a cut.
It also comes amid a shake-up in the Brunswick Police Department and allegations from some city residents that Police Chief Don Rough and other officers have overreacted to minor infractions. Chief Rough and several other officers were fired early this month, but city officials have not given detailed answers as to why.
The Augustines contend that Brunswick officials snubbed their request for an internal investigation.
The Frederick County State's Attorney Office declined to prosecute the officers involved, saying the case lacked "prosecutorial merit."
The incident in question occurred just outside the Augustines' home at 19 Jeffery Lane, Col. Augustine said. About 6:30 p.m., two police officers stopped to talk to Chris O'Ferrell, 16, and his neighborhood buddy, Chris Thomas, 16, who were playing basketball in front of the house.
A basketball and a police car
According to the Brunswick Police report filed by Cpl. Dennis Wilson, he asked Chris O'Ferrell and Chris Thomas to move a portable basketball hoop off the road, which the youths did.
The officers drove to the end of the cul-de-sac and came back past the Augustines' home. Chris O'Ferrell then shot the basketball, which ricocheted off the hoop and hit the front of the patrol car.
Accounts differ as to what happened next. Two versions appear in the police report and in statements of criminal charges the Augustines filed against the officers in District Court of Maryland on Aug. 7.
The incident ended around midnight that evening with the release of both youths from the Brunswick Police Station, according to the police report.
But the boys needed emergency medical care, Ms. O'Ferrell-Augustine said. At Frederick Memorial Hospital's emergency room they were treated for abrasions, welts, and other marks, she said. Ofc. Richard Cook was treated for a cut on his hand in FMH's emergency room, according to the police report.
Kathryn Freed-Collier, a civil rights attorney based in Westminster, charges that Chris Thomas and Chris O'Ferrell were arrested for no probable cause and that then-Chief Don Rough, Cpl. Wilson and Ofc. Cook of the Brunswick Police used excessive force.
Cpl. Wilson also placed the children in danger by wielding a Taser, according to a copy of the charges.
Frederick County's Department of Juvenile Services sent the Augustines and Thomases a list of alleged offenses on July 26 that included second-degree assault/battery, disturbing the peace and two unspecified misdemeanors, according to a copy of the document.
Charges the Department of Juvenile Services issued more recently, in the week of Oct. 16, included failure to obey lawful order, obstruction/hindering free passage, second-degree assault and interfering with arrest.
What police say happened
According to the police report, Cpl. Wilson and Ofc. Cook, while on patrol near 19 Jeffery Lane, saw, "a black male and a white male with a portable basketball pole in the middle of the roadway."
Cpl. Wilson told them to move the basketball pole to the side of the road and said they would need to move when traffic came through, according to the report.
"The two males slowly moved the pole to the side of the road," the report states.
When the police drove back in the direction of 19 Jeffery Lane, "both males were again in the roadway blocking passage and refusing to move," according to the report. The "white male," later identified as Chris O'Ferrell, threw a basketball at the hoop.
"The ball struck the side of the hoop then bounced off and struck the front of the officer's patrol vehicle," the report states.
The two youths continued to block the roadway, were again ordered to move, and the "black male (Chris Thomas) moved slightly to the side," according to the report. Chris Thomas told the officers to "move on."
The officers got out of the car and approached Chris Thomas and Chris O'Ferrell, whom Cpl. Wilson described as "suspects."
Cpl. Wilson ordered Chris Thomas to move out of the roadway and attempted twice to "escort" him, according to the report. The second time, Chris Thomas pushed the officer in the shoulders, the report said.
Cpl. Wilson told Chris Thomas he was under arrest, but as he attempted to arrest him, Chris Thomas "pushed away" and "fled on foot" to the rear of 17 Jeffery Lane.
Ofc. Cook chased the youth on foot to the back of the house where Chris Thomas continued to resist arrest and at one point, "Officer Cook was struck by Thomas," according to the report.
The two officers used a radio to communicate to each other as Chris Thomas fled around to the side of the house, then back to 19 Jeffery Lane "still attempting to elude Ofc. Cook," according to the report.
Cpl. Wilson advised Chris Thomas the Taser would be used if he continued to fight, according to the report.
Chris O'Ferrell then came toward Cpl. Wilson and "began to threaten" him, advising him to "let him go."
Cpl. Wilson ordered Chris O'Ferrell back several times, according to the report. As "control was gained over Thomas," Cpl. Wilson had to order Chris O'Ferrell's father back as well, the report states.
No one on the Brunswick Police force could be reached for comment, though efforts were made to reach Cpl. Wilson, Ofc. Cook and Mr. Rough.
Brunswick Mayor Carroll Jones said he would not comment on litigation.
What the Augustines and the Thomases say
According to an Oct. 16 interview with the Augustines and Thomases and statements filed in district court Aug. 7, the youths obeyed police and moved the basketball hoop off the road.
"If you look at the officers' report," Ms. O'Ferrell-Augustine said, "as soon as the officer exits the vehicle, the children are labeled as suspects, when he says in his own words they moved the portable hoop out of the roadway."
When the ball hit the car, the officer asked the boys to move off the road, then he got out and and forced Chris Thomas off the road, she said. "He had no business putting his hands on Chris Thomas."
Cpl. Wilson said in his report the youth had moved aside which would have allowed the patrol car to proceed, she said. "Cpl. Wilson wanted to forcefully push him off the road. He took it to a level that was totally unnecessary."
The police arrested the boys and wouldn't tell the parents why, Ms. O'Ferrell-Augustine said.
"When a juvenile is arrested, the parent is supposed to sign a juvenile petition informing them of why they're being charged and what the charges are," she said. "When we left the police department, the kids had been fingerprinted and photographed and had no idea why they had been arrested."
Chris Thomas said the basketball hit the patrol car and police started yelling even though he'd moved aside.
An officer walked up to him and pushed him on the shoulders, he said. He told the officer not to push him, but the officer wouldn't listen and instead asked him where he lived.
He told the officer he lived in the neighborhood, but the officer didn't seem to believe him, he said.
The officer grabbed his arm, Chris Thomas said. "I ran toward my house. A swamp area separates the houses. I ran through a ravine, Chris (O'Ferrell) (and a neighbor) called me back," he said.
A father steps in
In the Augustines' front yard, an officer told Chris Thomas to sit down and he sat, he said. "Ofc. Cook came with cuffs. He said I was under arrest. He got the handcuffs on me."
Col. Augustine was on the back deck putting steaks on the grill, he said.
The police didn't call Col. Augustine, but his son did, he said. Chris O'Ferrell yelled, "Dad, come here," he said, recalling what happened when he came to the front yard.
"The chief comes walking up. He stands 2 feet to my left. Doesn't say a word," Col. Augustine said. His son stood in the driveway.
Chris Thomas sat handcuffed on the porch steps, Col. Augustine said. Ofc. Cook stood behind him.
"All of a sudden, (there's) a rumble from my neighbor's backyard. It's Cpl. Wilson," Col. Augustine said. "He's heavyset. He comes barreling up to (Chris) Thomas, took him by the back of his neck, kneed him in the ribs and pushed his head down, forcing him to bend at the waist."
Then Cpl. Wilson drew the Taser gun and asked Chris Thomas if he wanted to be Tased, Col. Augustine said. "My son saw the gun and shouted, 'Oh my God,'" Col. Augustine said, adding his son had never seen a Taser before.
"My son thought his friend was going to be killed," Ms. O'Ferrell-Augustine said. "Shot right before his eyes."
Cpl. Wilson grabbed Chris O'Ferrell in a headlock and wrestled the boy to the ground with the full weight of his upper body, Col. Augustine said, adding that Cpl. Wilson lit his son with the red Taser targeting light.
The chief stood by, not saying a word, Col. Augustine said.
His son was lying face down, his face was pressed in the grass so hard he couldn't move it sideways, Col. Augustine said.
He asked Cpl. Wilson what he was doing, Col. Augustine said. Cpl. Wilson pointed the Taser at him. "I was certain in my mind that he was going to shoot me," Col. Augustine said. "(Cpl.) Wilson was in a frenzy. He was so spun up I couldn't believe it."
Col. Augustine said he looked at the police chief. The chief looked around, realized neighbors were watching, and told the officers to get the youths out of there, Col. Augustine said.
As a former officer for the New Bern, N.C., police department, Ms. O'Ferrell-Augustine is familiar with proper police protocol, she said. "You have to have probable cause. You have to tell parents what their kid is being arrested for. If I had done what the officer did, I would have been stripped of my parental rights."
A situation must rise to a certain level to require the use of a Taser, she said. "What in the entire situation rose to the level of using lethal force when they're playing basketball? They're not using drugs. They're residents. This is their subdivision."
Inside the police station
At the Brunswick Police Station, the police, according to Cpl. Wilson's report, seated Chris O'Ferrell in a chair near a door. Cpl. Wilson removed the handcuffs to start processing information and had him stand up.
"O'Ferrell then attempted to cross the room and get his shoes but was ordered back by Chief Rough," the report states. "O'Ferrell refused Rough's order and attempted to obtain his shoes."
As the chief tried to stop him, the youth turned toward Chief Rough and "attempted to assault him and had to be restrained," according to the report.
Chris Thomas' mother, Angela Thomas, a computer information systems specialist at the National Institutes of Health, arrived first, Ms. Thomas said.
Ms. Thomas said her son pleaded for 15 minutes about how tight his handcuffs were before the police did anything about it.
Police told the boys if they didn't cooperate in getting fingerprinted and photographed, they'd be sent to juvenile services, Ms. O'Ferrell-Augustine said, noting she was not let inside, but could hear the voices and see the outline of her son and the police chief through a window.
When the chief told Chris O'Ferrell to stand, he didn't know what he was supposed to do, Ms. O'Ferrell-Augustine said.
While handcuffed, he had removed his shoes with his feet because his feet felt hot and when the chief asked him to stand, he bent over to put his shoes on, she said.
The chief shoved Chris O'Ferrell against the wall by gripping him around the neck with the palm of his hand, she said.
Col. Augustine, who had arrived shortly after Ms. Thomas, said he could hear his son gasping for air. "He was saying, (as best he could) 'I'm just putting on my shoes,'" Col. Augustine said. "It made my heart drop."
To the hospital
The Augustines and Thomases drove their sons to Frederick Memorial Hospital's emergency room after police released them at about midnight, according to a June 28 letter Ms. Freed-Collier sent the city of Brunswick.
"My son had abrasions and scratches all over him," Ms. O'Ferrell-Augustine said. "He had a huge lump on the back of his head and choke marks around his neck." A CAT scan of his nose showed it was not broken, but his nose was black and blue the next day, Ms. O'Ferrell-Augustine said.
Chris Thomas had welts all over him, Ms. O'Ferrell-Augustine said, and patches of his hair came out when he ran his fingers through it.
The doctor at the hospital was so concerned, he called the Frederick Police and the Frederick County Sheriff's Department but was told to call Brunswick's police chief, Ms. O'Ferrell-Augustine said.
To this day, Chris Thomas and Chris O'Ferrell experience periodic episodes of stress related to the incident, not to mention a loss of faith in the police force, Ms. Freed-Collier said.
Chris Thomas said he hesitates to play basketball at Chris O'Ferrell's house.
Two months after the incident, on Aug. 22, he ventured out in a car with Chris O'Ferrell, but police pulled them over two houses away and issued them a ticket at about 8:20 p.m., Ms. O'Ferrell-Augustine said.
The ticket was for failure to display lighting in unfavorable visibility on a highway, yet the boys hadn't left the subdivision, she said. The car they were driving had automatic headlights.
When Ms. O'Ferrell-Augustine took the car to the shop, nothing was wrong, she said.
About three weeks later, around 11:30 p.m., Ms. O'Ferrell-Augustine's son heard a car door open and shut, she said. She walked outside and observed an officer with a flashlight looking at the cars in the driveway.
She asked the officer what reason he had to look at her cars, and who he was.
"'I don't have to give you my name,'" she recalled the officer saying as he laid his hand on his gun.
She told him there was a camera on the grounds and anything he did would be taped, Ms. O'Ferrell-Augustine said. The officer got in his car and drove away.
He never did tell her his name.
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