posted March 25, 2008
Witnesses told a Federal Court jury on Monday that Ashley Johnson was swinging and kicking and reaching in his pocket as if going for a weapon before he was tased repeatedly by Chattanooga Police Officer Officer Curtis Penny on Halloween night 2004.
Johnson is asking $100,000 in the lawsuit against the city of Chattanooga.
In his testimony, the Rocky Face, Ga., man denied resisting bouncers and police at Chattanooga Food and Drink on Brainerd Road.
Chattanooga Police Officer Kevin Cobb, who was working security with Officer Penny at the club that night, said he was on the parking lot when he heard a commotion near the front of the club.
He said Mr. Johnson was "swinging, throwing elbows and kicking."
The officer said, "He kept sticking his hand in his right front pocket."
Mike Ramsey, who was working the door, said he was involved in trying to get the patron under control. He said the struggle went from inside the foyer to out the front door where he landed under Mr. Johnson.
He said when he saw him reach for his pocket, "I started hollering, "He's got a gun."
The witness said Officer Penny asked Mr. Johnson to quit resisting before using the taser on him. He said he got hit once by the taser himself as the struggle ensued.
Stan Hensley, who now runs Knoxville Food and Drink, said he was working at the Brainerd Road club that night. He said Mr. Johnson was with another man when two females walked by. He said Mr. Johnson "got a whole handful of the young lady's undersides" as she walked by.
He said the female complained, and a bouncer went to take care of the situation. But he said he was shocked to later find it led to the conflict.
The witness was asked by defense attorney Mike Raulston if Girls Gone Wild had been at the club, and he said it had. The attorney said the party theme that night was "Pimps and Ho's."
Officer Penny acknowledged he used his taser 25 times between the end of June and end of November in 2004, but he said a number of those were required practice. He said it was used four times on persons in that period.
He also acknowledged that he used the taser on Mr. Johnson four times - for five seconds, five seconds, six seconds and seven seconds.
He was asked about getting tased himself as required for new police officers. He said he chose taking a full five-second hit.
Officer Penny said, "I fell to the ground. I was kicking involuntarily. I think I probably screamed."
Attorney Raulston sought to bring up prior instances where the officer had gotten into trouble, including one 28-day suspension for an incident at the Convention Center, but Judge Curtis Collier said the federal rules of procedure did not allow that time of evidence.
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