| Father, son, seek $1.5M from police in fed lawsuit |
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By: Lisa Marchesoni
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Posted: Tuesday, February 23, 2010 3:34 pm
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A Murfreesboro father and son seek $1.5 million in damages from Murfreesboro Police after they were arrested when officers responded to the wrong apartment.
Father Roger F. Chilton and his son, Justin, seek the damages in a federal lawsuit filed last week in U.S. District Court in Nashville. They filed the lawsuit against the city of Murfreesboro, Murfreesboro Police Department, Officers Carl Watts, Matthew Garrett and Bradley Premo and dispatcher Desir Thorpe. They asked for a jury to try the case.
They allege police assaulted them, used unlawful force and were negligent. They accused the officers of intentionally inflicting emotional distress and imprisoning them.
Murfreesboro Police spokesman Kyle Evans said he could not comment about a pending lawsuit.
District Judge William J. Haynes Jr. set an initial case management conference April 12 to discuss the case with both parties.
The father and son were charged in connection with the call. Justin Chilton was charged with two counts of aggravated assault with a weapon, carrying a weapon while under the influence and consumption of alcohol under age 21. His father was charged with resisting arrest.
Trial was set for Wednesday but was continued. The Chiltons stated they did not commit those crimes.
The lawsuit stated Thorpe dispatched Garrett and Premo to Campus Crossing South, instead of Campus Crossing North, to do a welfare check on the residents at Apartment 304 about 3:30 a.m. Feb. 22, 2009.
Justin Chilton asked the people knocking at the door to identify themselves but said they did not respond.
At the time, Evans said the officers reported they heard a clicking sound and heard a male voice order them to step away from the door. They identified themselves again and were again told to step away.
“As the door opened, the officers observed a handgun pointing out the door opening and the door suddenly slamming shut,” Evans said. “Within seconds, Officer Premo observed a handgun being tossed into the hallway and Roger Chilton stepping into the hallway. Both Justin Chilton and Roger Chilton were taken into custody.”
The lawsuit stated officers became aware they went to the wrong address but continued to imprison the Chiltons and falsely charged them with crimes.
Both father and son accused the officers of using more force than was reasonably necessary, causing them to suffer severe emotional distress and personal injuries. They also asked for attorneys’ fees and bail bond fees.
They accused negligence by Thorpe failing to give officers the right address and the officers of not taking reasonable action after learning of wrong address.
Regarding the intentional infliction of emotional distress, the Chiltons accused the officers of outrageous conduct causing them to suffered personal injuries, mental pain and suffering.
The officers falsely imprisoned the Chiltons by restraining them without cause or a warrant, the lawsuit stated. Both father and son contend the officers violated their 14th Amendment rights by arresting them without probable cause and used unnecessary force.
“The actions of defendants, as described above, constitute extreme and outrageous conduct,” the lawsuit stated. “The conduct goes beyond the bounds of decency and is considered atrocious and utterly intolerable in a civilized community. This behavior is such that it would cause the average member of a community to immediately react in outrage.”
After the call, the Chiltons filed a complaint with Murfreesboro Police. An internal investigation led to discipline against Thorpe and Watts.
Thorpe, who made a mistake and entered the wrong address of 304 Campus Crossing South into the dispatch system, was suspended five days.
Watts, who used offensive language when speaking with Meredith Harrington inside the apartment, was suspended five day without pay.
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Member Opinions:
By:
SocEtTuem on 2/23/10
Frankly, I hope they get every penny.
By:
hd2w0w on 2/23/10
I second that!!!!!
By:
josef on 2/23/10
WHAT???
You mean the HONORABLE above the law hero officers of Gehaw...I mena the law in Da 'Boro are gittin's SUUUUUUUUED?
By:
josef on 2/24/10
And Kyle Evans had nothing to say?????
By:
Farmall on 2/24/10
They defintely deserve some relief. Especially since the charges were not droped. Hope they can reach a mutual settlement. (big check)
By:
drnitemare on 2/24/10
Well, it's about time! The police have been arresting people for years without any reason! They have even told people they can do it because they are the police. They go to the wrong house, apt. etc. and if they can trump up a charge, they will, believing the people will pleade guilty, pay the fine, and take probation. Most of our police officers are fair and just. We just need to weed out the baddies and keep the goodies. They forget they are "Civil Servants" and we pay thei'r salary.
By:
LionsForLambs on 2/24/10
Dr. NiteMare
We pay their salary yes we do but unless police dont pay taxes and that would be news to all of us then they pay themselves to work to.
By:
truthandjustice1 on 2/24/10
I am pro Police and this situation does not include all law enforcement officers only a few and those few need to pay, these jerks went over board and did no check for all the facts once they knew they were at the apartment...this by the way was a welfare check called in by the RCSO, when some student were playing on the phone and dailed 911...this was not a 911 response to a fight, weapons, robbery or assualt...it was to tell these kids to not play on the phone and do a check just to make sure everything was o.k., instead this turn into the old west show....slow down guys, there was no rush.... this could have all been avoided with a simple PHONE call once a weapon was seen.
By:
m.sangel on 2/25/10
ok look i know that cops that were out there on this call and they didn't know that this was the wrong place until it was over with but it doesn't make it ok for Justin Chilton to point a gun in the officers face THREE TIMES and yes they did tell them who they were when they came up to the door. If they would have just open the door the very first time without a gun and asked what was going on then nothing else would have happened. Can't you'll see that the way they asked was wrong. Also no it's not just as simple as a phone call when you have a weapon pointed at you, you don't think oh let me make some phone calls. It's more of lets try to get on the radio and also make sure NO ONE in this area at all gets hurts.
By:
JustAguy on 2/25/10
M.sangel wrote
" If they would have just open the door the very first time without a gun and asked what was going on then nothing else would have happened."
In my neighborhood a person doing this would make the homeowner the victim. A home invasion would never think of knocking on the door and proclaim they are the "police"... Naaaa Never.
We arent in the old town of two high schools anymore.
By:
m.sangel on 2/25/10
OK JustAguy why is it that he opened the door 3 TIMES with a gun pointed at the officers. How stupid can you be to do that.
By:
RonB on 2/26/10
Where does the article say the pistol was pointed at the officers three times? The way I read it, Mr. Chilton opened the door with a pistol, closed the door, then quickly reopened the door and threw the pistol into the hallway.
By:
attagirl on 2/27/10
If someone is beating on my door at 3 AM demanding that I open up, they WILL be met with a gun.
This went bad when the cops didn't just apologize for the inconvenience and leave. This guy should have NEVER been charged with underage drinking. He was home with his parent drinking safely. If he can kill Iraqis in the name of American, he should dang well be able to drink a few beers in the comfort of his own home.
By:
kld3h_mtsu_s10 on 2/28/10
Although I do not usually ever side with the police on matters like this, this story has me a little bit torn. First of all, the two were charged with crimes that they very well may have been committing at the time. The son was charged with "two counts of aggravated assault with a weapon, carrying a weapon while under the influence and consumption of alcohol under age 21." So it was 3:30am, he had been drinking, and he had a gun. The aggravated assault with a weapon makes no sense to me, but I wasn't there.
That being said, the police DID go to the wrong apartment. But, if the tenant would have answered the door in an appropriate way (i.e. look through the peephole before waving a gun out the door), the police would probably just apologize and leave the residents be. While they residents were not who the cops were looking for, they still happened to be engaging in illegal activity. If I am driving my car sober and get pulled over for a DUI, I am probably not going to be in trouble.... unless I have bricks of cocaine sitting in my passenger seat.
Since there is a big case being made of this, the police should drop the charges, and at least pay for the court costs and any other money the two have spent. But I am positive that amount is about %1 of the 1.5 million that they seek.
By:
attagirl on 3/1/10
He was charged with agg assault because he pointed the gun at the cops. When someone is banging on your door and screaming and demanding that you "open up," the peephole is the last thing you're thinking of. You're thinking of protecting yourself.
This guy is an Iraq war vet who was having some beer at home with his dad. Charging him with underage drinking is an insult to veterans everywhere. He earned the right to sit up all night long and drink beer if he wants to.
By:
Boo on 3/1/10
I have to agree with Attagirl on this one.
By:
swj2e_mtsu_s10 on 3/4/10
Carl Watts, Matthew Garrett, and Bradley Premo of the Murfreesboro Police Department made a terrible decision in this incident, although they were misinformed and given the wrong address by dispatcher Desir Thorpe. However, this doesn't give these police officers the right to go to the Chilton's home and cause them pain and suffering for no reason. These officers definitely crossed the line before evaluating the entire situation and figuring out what was going on.
It is very apparent that the officers should have made it more clear to the Chiltons who was at the door, and maybe the gun would not have even come into play. If someone was beating on my door at 3:30 in the morning without identifying themselves as the police, I would have a gun in hand as well. As for the underage drinking charge, that was totally irrelevant and seems to be a way for the police to somewhat cover their asses and show some sort of right doing in a situation where they were totally in the wrong.
The Chilton's have a great case here against the police department. There is no way that the department will be able to maneuver their way out of this without paying some sort of monies to the Chilton family. Roger and Justin should try and squeeze as much money as they can get out of them, although the 1.5 million may be a bit questionable. But, if you can get it, then go for it.
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