Chesterton Tribune                                                                                   Adv.

Officer injured in making arrest files lawsuit against defendant

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A Porter County Sheriff’s Police officer injured while placing a Demotte man under arrest in August has filed a lawsuit against the man.

Officer Roger Bowles is seeking “reasonable compensatory damages” against Elliott J. Tailford for the “broken ankle and other damages” suffered by Bowles in the incident. Bowles is also seeking pre-judgment interest, the costs of the action, and “all other necessary and proper relief.”

In connection with the incident Tailford was charged with disarming a law enforcement officer, a Class C felony punishable by a term of two to eight years; battery to a law enforcement officer, also a Class C felony; resisting arrest, a Class C felony; battery by bodily waste, a Class D felony punishable by a term of six months to three years; and disorderly conduct, a Class B misdemeanor.

The incident began, according to Bowles’ report narrative, at 12:06 p.m. on Aug. 28, when Bowles observed a 1991 Ford Explorer registered to Tailford parked in the roadway of the intersection of C.R. 500N and McCool Road. After asking dispatch to contact Tailford—and being told that no phone numbers were available to him—Bowles ordered the Explorer towed, Bowles stated in his report.

Then, at 12:44 p.m., Bowles was dispatched to the area of 325W 500N in Union Township in response to a report of a verbal disturbance. On his arrival, Bowles stated, he discovered a vehicle being driven by Tailford’s companion, Gayle Lynn Delisio-Laney, and in which Tailford was a passenger, stopped in the middle of the road blocking the tow truck hauling Tailford’s Explorer.

“I confronted the man, identified as Elliott Tailford, and attempted to explain to him why the vehicle was being towed and a possible resolution to the problem,” Bowles stated in his probable cause affidavit. “Tailford then became very agitated and ultimately began to act physically aggressively towards me when I attempted to move him out of the way from being injured by the tow truck.”

“While we were on the ground he continued to fight me and I attempted to pull out my Taser,” Bowles further stated. “Tailford was able to take the Taser from my hand, causing me to pull my handgun and advise him to drop the Taser. Tailford dropped the Taser and after being told several times to lay down on the ground, he complied. Tailford continued to disobey my orders and attempted to get off the ground. He then spit tobacco juice and tobacco on me. During the altercation, my leg was broken.”

Bowles’ attorney, Walter J. Alvarez of Crown Point, released the following statement:

“I have a strong person belief that even though police officers are civil servants and protectors of our rights as citizens, that they too should be protected and afforded the rights that we all have as citizens. What happened in this incident is that Roger Bowles did not receive the respect that his position deserves and that the defendant acted in an unreasonable manner causing Mr. Bowles a very serious injury. Mr. Bowles has a definitive right to be compensated for his injuries and I strongly believe that using our jury system is the best way to protect his rights.”

 

 

Posted 12/10/2009

 

 

 

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