New York state must pay a Syracuse area man more than $1 million
because a state trooper assaulted him without justification during a
traffic stop 11 years ago, a judge has ruled.The judge also found state police did an inadequate investigation into the man’s complaint of police brutality.State Court of Claims Judge Nicholas Midey awarded David M. Reynolds
$1,017,500 over the Dec. 20, 2001, incident on a road off Route 104 in
Wolcott, Wayne County.Trooper Thomas Connor handcuffed Reynolds then slammed Reynolds’
head into the back of a car eight or nine times, Reynolds testified.
Connor had targeted Reynolds before the arrest, Midey said. Connor had a
history of pulling Reynolds over in the hope of finding drugs in his
car, the judge said. The trooper never did, Reynolds’ lawyer said.Midey found Connor committed an assault and battery on Reynolds.After he was released with a ticket for a cracked
windshield, Reynolds went to the state police barracks in Wolcott with a
black eye and other injuries to his head and filed a complaint with
Connor’s supervisor, Sgt. Terry Clark.Clark testified in a trial over the lawsuit that he asked Connor and
another trooper who showed up at the scene if they’d caused the
injuries to Reynolds’ face. The troopers said no, and Clark determined
Reynolds’ complaint was unsubstantiated.The judge grilled Clark about why he didn’t investigate further. Midey cited a photo of Reynolds’ injuries.“Now, let’s assume that was your child in that picture who went into
a state police barracks and told the same story that Mr. Reynolds
told... and the conclusion of the officer is... I don’t think the other
officers did it and I don’t know who did it, but I’m not going to look
anymore,” Midey said to Clark, according to a trial transcript. “How
would you feel about that? Would that bother you?"“Yes,” Clark testified."Yeah," the judge said. "Would you say to your son, 'The state
trooper said nobody did this to you, so it's OK?' Would you say that to
him?""No," Clark said."So you would afford that or (expect) that on behalf of your son
and yet it wasn't done for Mr. Reynolds, correct?" Midey asked."Yes," Clark testified.Reynolds still suffers from the injuries caused in the
beating, Midey found. Reynolds suffered a closed head injury, has a bump
on his head, blurred vision in one eye, two herneated discs in his back
and frequent headaches, and stutters, the judge said. Doctors have
recommended two back surgeries.Reynolds has to sleep in a chair because of his injuries. He can’t
lift anything heavier than 25 pounds, can’t play sports or hunt, and had
to relinquish custody of his daughter because of the injuries, the
judge said.Reynolds, 48, was living in Wolcott at the time, but since
the assault has moved to the Syracuse area because he’s afraid Connor
will retaliate, said Reynolds’ lawyer, Charles Burkwit, who handled the
case with his father, Robert Burkwit.Just before the incident, Connor had seen Reynolds drive by, then
called the Wayne County dispatcher to see if Reynolds had a valid
driver’s license, the judge wrote in his decision. The dispatcher said
Reynolds did not, and Connor pulled him over.Reynolds started yelling and swearing as the trooper approached the
car, saying he did have a valid temporary license in his wallet. But
Connor did not ask to see it, instead ordering Reynolds out of the car,
the decision said.Connor testified that he pushed Reynolds’ head down a couple times
after Reynolds “reared back” while he was handcuffed at the back of the
car. Connor denied causing the injuries to Reynolds.Midey questioned Connor’s credibility, based on the trooper’s
conduct afterward. Connor never filed a report that’s required anytime a
trooper searches someone, as Connor did Reynolds. And after Reynolds
told Clark he was going to a nearby hospital, Connor showed up there and
walked past Reynolds.Connor testified that he was there to visit his ill mother-in-law.
But the hospital was out of the trooper’s area, which he wasn’t
authorized to leave while on duty, another trooper testified. The judge
called that behavior peculiar.After the assault, Connor searched Reynolds and found a valid
temporary driver’s license in his wallet. The dispatcher had given the
trooper incorrect information, the judge said."It appears to the court that this entire incident could have been
avoided had Trooper Connor simply taken a moment to examine (Reynolds')
paperwork," Midey wrote in his decision. "Rather, Trooper Connor seized
the opportunity to harass (Reynolds), ultimately resulting in the use of
physical force..."A state police spokesman said the agency is reviewing its
legal options, but would not comment on the verdict. Connor, who's still
a trooper out of the Wolcott barracks, did not return a phone message. A
spokeswoman for the state attorney general’s office declined to
comment.Reynolds testified that he heard his neck and back snap as Connor slammed him into the car.The judge’s award will likely rise to $1.2 million with accumulated interest, Charles Burkwit said.Reynolds has been disabled since 1984 with a knee injury that has prevented him from working, Burkwit said.


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