Actor Sues Officer Joshua Visi

[WaTcHeR]

Officer Joshua Visi (left)

02/16/2006 - Austin police officer Joshua Visi re-enacted his 2004 arrest of actor Jason Patric on Wednesday, the last day of testimony in the civil trial against him.

Patric is suing Visi for excessive force and false imprisonment after a March 2004 incident at the corner of Colorado and West Fifth streets.

The actor, 39, was in Austin for a screening of "The Alamo," in which he played James Bowie, when he was arrested about 2:30 a.m. after a cast party and charged with public intoxication and resisting arrest. Travis County prosecutors later dropped those charges for a lack of evidence.

Visi said Patric was drunk, cursed at him and resisted arrest, claims Patric denies.

A police affidavit said Visi was attempting to clear the intersection when Patric, who was on foot, "assumed an aggressive stance." When Visi threatened to arrest him, Patric offered to take a sobriety test and told the officer to test him or take him to jail.

Taking the stand Wednesday in his own defense, Visi testified that he intended to bring Patric to the ground to arrest him but tripped or stumbled, causing Patric to land on top of him briefly.

"Even though I had the headlock applied at this point, I was in a vulnerable position," Visi said. "So, officer (Randall) Casler had to pull Patric off of me."

Patric testified Tuesday that Visi intentionally knocked his head against the pavement during the arrest, making it bleed.

But Visi said Wednesday that he did not see any blood on Patric's head and that he followed the Police Department's policy on using force.

Witnesses Jeff Gross and Bert Beatson, who also had a role in the movie, said in depositions that they did not see blood on Patric's head.

Patric also said Visi never told him he was under arrest, which Casler corroborated.

Earlier, Patric's lawyers called police expert D.P. Van Blaricom to testify about use of force and the probable cause of Patric's arrest.

Assuming the prosecutors' version of events is true, Van Blaricom said, Visi may have made up the charges against Patric to justify excessive force because of a challenge to Visi's authority.

Lawyers for both sides rested their cases, and a motion to dismiss by Visi was again denied by Judge Andy Austin.

The judge also denied a motion by Patric to find that there was legally no probable cause for the arrest, saying he will let the jury decide.

Both sides will offer closing arguments today.

[WaTcHeR]

February 17, 2006 - Actor Jason Patric lost his lawsuit against the Austin police officer who arrested him downtown in March 2004.

The jury deliberated for nine hours before ruling late Thursday in the federal civil trial in which Patric accused officer Joshua Visi of excessive force and false imprisonment in an incident at the corner of Colorado and West Fifth streets.

"Obviously, they looked at the evidence for a while and found that Visi had probable cause for the arrest," said Fred Hawkins, Visi's lawyer. "Everything he did was appropriate."

The actor, 39, was in Austin for a screening of the movie "The Alamo," in which he played James Bowie, when he was arrested about 2:30 a.m. after a cast party and charged with public intoxication and resisting arrest. Travis County prosecutors later dropped those charges for a lack of evidence.

In the trial, which started Monday, six jurors were presented a videotape of the incident, several depositions and conflicting testimony from witnesses, Patric and Visi.

Visi said Patric was drunk, cursed at him and resisted arrest, claims Patric denied.

"I am not a liar; (Visi) is," Patric said after the verdict. "If the law hamstrung me, at least I can pretty much guarantee that he won't be able to get away with it ever again."

Although disappointed by the loss, Patric said he fulfilled his goal of holding Visi accountable for his actions.

"Under oath, Officer Visi said he couldn't tell you the elements of a public intoxication," he said. "I want to make sure that it never happens again."

A police affidavit said Visi was attempting to clear the intersection when Patric, who was on foot, "assumed an aggressive stance." When Visi threatened to arrest him, Patric told the officer to either give him a sobriety test or take him to jail.

On Tuesday, Patric testified that Visi intentionally knocked his head against the pavement during the arrest, drawing blood.

On Wednesday, Visi testified that he intended to bring Patric to the ground to arrest him but tripped or stumbled, causing Patric to land on top of him briefly.

Patric's lawyers also offered testimony from a police expert that Visi may have made up the charges to justify excessive force because of a challenge to his authority.

Visi declined to comment after the jury ruled, but his lawyer said he was pleased.

"We believe (Patric) was intoxicated and behaved poorly," Hawkins said. Visi "used the least violent method of taking him to the ground and making his arrest."

Before the trial, Judge Andy Austin removed the City of Austin as a defendant in the suit. During the trial, he denied two motions to dismiss the case by Visi and a motion by Patric to find that there was legally no probable cause for the arrest.