Post by WaTcHeR on Sept 20, 2006 15:26:11 GMT -5
09.20.2006 - WAILUKU – A Kahului man has been acquitted of a charge alleging he assaulted a police officer who was searching the family home for the man’s son last year.
In verdicts returned Friday afternoon, a 2nd Circuit Court jury found 52-year-old Dean C. Line not guilty of the felony charge of first-degree assault on a law enforcement officer but guilty of resisting arrest.
“I think they reached the correct verdict on the assault case,” defense attorney James Brumbaugh said after the verdicts were announced.
Police officers had gone to the home on Ekolu Place on July 15, 2005, to arrest Line’s son, 23-year-old Dean B. Line, on drug charges.
Officers reported seeing the younger Line run into the house before his mother, Melodie Line, blocked an upstairs sliding-glass door to prevent the officers from following.
After she was arrested, Wailuku patrol officer Rocky Silva responded to a call from the home and asked Dean C. Line for permission to search the residence.
Silva testified he had gone down a stairway in the house and asked what was behind a closed door when Line “got upset and he shoved me,” while telling the officer to leave. Silva said he sprained his ankle after falling back when he was pushed.
When the officer tried to arrest Line for assault, he struggled and Silva twice held his Taser stun gun against Line in the “drive-stun” mode to deliver a quick electrical shock.
When Line still wouldn’t comply with the officer’s orders, Silva said he put the cartridge back into his Taser and fired two prongs into Line, delivering an electrical current that immobilized Line for five seconds. While he couldn’t move, Line could hear and Silva said he continued to order the suspect to stay on the ground. When Line continued to resist, Silva said he delivered a second shock that again immobilized Line for five seconds. Line then complied with the officer’s orders and was arrested, Silva said.
Line said he suffered a broken rib during the confrontation.
“I sincerely hope that he’s learned from this experience and he treats the police better if they have to come to his door,” Deputy Prosecutor Melinda Mendes said after the verdicts. “Police are public servants, and they deserve better treatment.”
During closing arguments to jurors Thursday, Brumbaugh said Line and his wife were struggling with their son’s addiction to crystal methamphetamine.
Brumbaugh said drug addiction is a disease that affects three in 10 people.
“In this case, the family was struck with the sorry situation of a son with the disease,” Brumbaugh said. “There’s no evidence he was using drugs on the property. There’s no evidence he was selling drugs on the property. There’s a question of parents enabling their son by not booting him out. The boy stole from them. They still allowed him to be in the house.”
Mendes said Line was angry and didn’t like the police.
“Police, by all accounts, treated him and his wife up and up,” she said. “The defendant broke the law. Police are not punching bags, nor should they tolerate citizens who hinder their job.”
Brumbaugh said Line didn’t intentionally try to harm the officer.
Line is scheduled to be sentenced Nov. 14 on the misdemeanor charge.
His wife, who was placed on probation after being found guilty of hindering prosecution during a trial in January, is appealing her case.
Second Circuit Judge Joseph Cardoza presided over the trial.
www.mauinews.com/story.aspx?id=23440
In verdicts returned Friday afternoon, a 2nd Circuit Court jury found 52-year-old Dean C. Line not guilty of the felony charge of first-degree assault on a law enforcement officer but guilty of resisting arrest.
“I think they reached the correct verdict on the assault case,” defense attorney James Brumbaugh said after the verdicts were announced.
Police officers had gone to the home on Ekolu Place on July 15, 2005, to arrest Line’s son, 23-year-old Dean B. Line, on drug charges.
Officers reported seeing the younger Line run into the house before his mother, Melodie Line, blocked an upstairs sliding-glass door to prevent the officers from following.
After she was arrested, Wailuku patrol officer Rocky Silva responded to a call from the home and asked Dean C. Line for permission to search the residence.
Silva testified he had gone down a stairway in the house and asked what was behind a closed door when Line “got upset and he shoved me,” while telling the officer to leave. Silva said he sprained his ankle after falling back when he was pushed.
When the officer tried to arrest Line for assault, he struggled and Silva twice held his Taser stun gun against Line in the “drive-stun” mode to deliver a quick electrical shock.
When Line still wouldn’t comply with the officer’s orders, Silva said he put the cartridge back into his Taser and fired two prongs into Line, delivering an electrical current that immobilized Line for five seconds. While he couldn’t move, Line could hear and Silva said he continued to order the suspect to stay on the ground. When Line continued to resist, Silva said he delivered a second shock that again immobilized Line for five seconds. Line then complied with the officer’s orders and was arrested, Silva said.
Line said he suffered a broken rib during the confrontation.
“I sincerely hope that he’s learned from this experience and he treats the police better if they have to come to his door,” Deputy Prosecutor Melinda Mendes said after the verdicts. “Police are public servants, and they deserve better treatment.”
During closing arguments to jurors Thursday, Brumbaugh said Line and his wife were struggling with their son’s addiction to crystal methamphetamine.
Brumbaugh said drug addiction is a disease that affects three in 10 people.
“In this case, the family was struck with the sorry situation of a son with the disease,” Brumbaugh said. “There’s no evidence he was using drugs on the property. There’s no evidence he was selling drugs on the property. There’s a question of parents enabling their son by not booting him out. The boy stole from them. They still allowed him to be in the house.”
Mendes said Line was angry and didn’t like the police.
“Police, by all accounts, treated him and his wife up and up,” she said. “The defendant broke the law. Police are not punching bags, nor should they tolerate citizens who hinder their job.”
Brumbaugh said Line didn’t intentionally try to harm the officer.
Line is scheduled to be sentenced Nov. 14 on the misdemeanor charge.
His wife, who was placed on probation after being found guilty of hindering prosecution during a trial in January, is appealing her case.
Second Circuit Judge Joseph Cardoza presided over the trial.
www.mauinews.com/story.aspx?id=23440