Clear 45°5 Day Forecast
News Search

Advanced search
go
Home
Shop Now!
Classifieds
Jobs
Auto
Real Estate
Shopping
Place An Ad
News
Regional NewsPolice/CourtsBusinessBlog CentralObituariesWeatherAP - The WireTop Read StoriesMost Talked About
Sports
Life
Opinion
Classifieds
Las Noticias
Photo Galleries
People & Events
About Us
Other Publications
Entertainment
Doorways
Subscriptions
Fun and Games
Consumer Guide
Personal Finance
Lifestyles
USA Weekend
Special Section
Entertainment
Movies
TV
Crosswords
Horoscope
Fun & Games
Site Tools
Yellow Pages
Photo Galleries
Services
Subscribe
Photo Reprints
About Us
Daily Freeman Jobs
Home : News : News : Top Stories
Top Stories
Unnecessary roughness? Elderly man claims excessive force by police officer
By Paul Kirby, Freeman staff
08/04/2002
email this storyEmail to a friendpost a commentPost a Commentprinter friendlyPrinter-friendly
Arthur LaGrange, 86, hopes to have in day in court this fall in his lawsuit over a 1999 arrest that landed him in the hospital.
Arthur LaGrange, 86, hopes to have in day in court this fall in his lawsuit over a 1999 arrest that landed him in the hospital.

HALF AN hour after midnight, Arthur LaGrange - a frail 83-year-old man who'd grown increasingly fearful of drug dealers - slipped a clip into a handgun and walked to the front door of his apartment.

To hear LaGrange tell it, what happened next has rendered his life "miserable."

About 1:30 a.m. on June 29, 1999, LaGrange, now 86, says he was unnecessarily roughed up by a city police officer, busted for no good reason and had his apartment at the Fairview Gardens complex in Kingston indiscriminately ransacked.

To hear attorney Marsha Weiss tell it, Kingston Police Officer Michael Ryan, who has been accused by LaGrange of using excessive force and violating his civil rights that morning, acted with the professionalism becoming of a lawman.

"We have, from the beginning, maintained that Officer Ryan acted appropriately, and that is the position we will continue to take," said Weiss, who is representing the city and Ryan, a cop since 1996. "We think that the jury will agree Officer Ryan acted as one would hope a trained police officer would act."

LaGRANGE, who now lives in Lake Katrine, disagrees.

The U.S. Army veteran recently gave his account, for the first time publicly, of the events that led to his arrest on felony and misdemeanor charges, accusations that later were dismissed by an Ulster County grand jury.

Where he would like to tell his story is in U.S. District Court in Albany, where a lawsuit has been filed charging unlawful arrest and imprisonment, use of excessive force and unlawful search and seizure, among other claims.

But his day in court, once scheduled for last fall, was delayed because of the Sept. 11 terrorist attacks. Ryan, a reservist with the New York Air National Guard, was called to active duty and could not appear to defend himself, Weiss said.

In May, an October 2002 trial date was set after U.S. District Judge David Hurd denied a request to dismiss LaGrange's lawsuit against the city of Kingston, Ryan, Ulster County Assistant District Attorney Paul Tsui and others. The judge said LaGrange's case had sufficient merit to be decided by a jury.

Weiss, a New Paltz lawyer, said last week that another adjournment could not be ruled out, postponing the trial further. Given his age, LaGrange wonders whether he'll ever get to testify.

"They are just waiting for me to die," he said.

LaGRANGE says he was awakened about 12:30 a.m. that day in 1999 by a knock at his door.

"There was a knock, and it woke me out of bed, and since there was a couple of drug dealers locally, I didn't feel too safe," he said. "I have a licensed pistol that I have had for 50 years, and I picked it up off my work bench and went to the door."

With his wife, Thelma, 77, nearby, LaGrange said he approached the door, armed with a .38-caliber Colt that he said is an antique but fires fine. LaGrange said he inserted a gun clip containing bullets and opened the door.

Police records state Ryan went to the apartment after receiving a complaint that LaGrange was harassing a neighbor for making too much noise.

"I open the door, and there is a police officer with a gun sticking in my face. And he sees I got a gun, and he asked me to put it down, and I put in on the stand alongside my door," said LaGrange, a father of four. "I figured he was going to tell me I got an emergency in the family or there had been an accident."

Instead, LaGrange says, Ryan "grabbed me and slammed me down on the concrete patio. He jumped on top of me. ... I think he hit me a couple of times in the kidney. I am not sure, but it sure felt like it. He had his knee in the middle of my back and he handcuffed me."

In court records, Ryan concurs that LaGrange put the gun down when asked, but the officer states LaGrange defied an order to get down on the ground. That, Ryan says, is why he knocked the 120-pound senior citizen to the ground and handcuffed him.

KINGSTON Police Chief Gerald Keller declined to comment about the case, saying it is department policy not to discuss matters that are in litigation.

Privately, though, police say Ryan, who has won service awards, demonstrated considerable restraint - not firing his gun, for instance - considering he was met at the door by an armed man.

LaGRANGE said he was placed in a police car, still wearing his pajamas, after spending 30 minutes on the ground. Once in the car, he said, he had a hard time breathing, but he alleges other officers who had arrived at the scene refused to get him medical attention. LaGrange said his wife, who since has passed away, called 911.

"She defied them and called," LaGrange said. "The ambulance came and they put a mask on me. ... They (officers) weren't going to do anything."

LaGrange said the officers went through his apartment and confiscated a variety of items, including two other weapons: a .22-caliber rifle and 16-gauge shotgun, which eventually were returned to him.

LaGRANGE said he then was brought to city police headquarters on Garraghan Drive and was handcuffed to a bench for seven hours while waiting to be arraigned. At the arraignment - for criminal possession of a weapon, a felony, and reckless endangerment and menacing, misdemeanors - City Judge Edward Feeney released LaGrange on his own recognizance, meaning no bail had to be posted.

LaGrange then was admitted to Kingston Hospital, where he was treated for bruises and was given respiratory medication. A little more than three months later - on Oct. 5, 1999 - an Ulster County grand jury found insufficient evidence to indict LaGrange of the charges against him.

ALAN Sussman, LaGrange's attorney, said he recommended his client not testify before the grand jury. But LaGrange insisted on appearing.

"There was no stopping him, and he told his story," Sussman said. "The grand jury believed him, and threw out all of the charges."

LaGrange was unsuccessful, however, in getting back the .38-caliber Colt that he was holding when he opened his apartment door to Ryan. Sussman said the Ulster County District Attorney's Office was successful in getting a judge to revoke LaGrange's permit for the weapon.

Sussman said the court decided LaGrange's use of his pistol in the incident "was not proper conduct worthy of retaining his license."

"It is just dirty pool, that is what it is," LaGrange said.

LaGRANGE said he's run up about $50,000 in medical bills as a result of the incident, setting him back financially.

He said he'd be willing to settle the case for $150,000.

"I just want to pay my medical expenses and my medicine for as long as I live," he said. "I don't want to put it in the bank. What the hell am I going to do with it?"

But "sometimes I think I would be better off (dead)," he said. "I haven't paid my wife's funeral expenses yet. Ain't that a hell of a thing?"


©Daily Freeman 2009

Reader Comments
 Submit your own comment!
Added: Sunday September 08, 2002 at 08:56 PM EST
I am from upstate New York and I can tell you that since I was a child it has been known that all State Police have a Nazi type attitude.... It makes sense that the " Peon " forces have the same mentality.... The closer you get to Albany the stronger it becomes... Remember, New York State is and always has been in control by the Rockefellers... do not fool yourselves, be prepared for more of this action. Anyone who thinks this cannot happen to you better think twice.... stay armed for your own safety....
Pat
Added: Friday August 30, 2002 at 10:40 AM EST
First of all, the cop has no authority over you in your own home unless he witnessed you commit a felony. The "old man" did not have to comply in any way!
Mad!
View All 34 Comments »

email this storyEmail to a friendpost a commentPost a Commentprinter friendlyPrinter-friendlyTop
Advertisement

Use of this site constitutes acceptance of our User Agreement. Please read our Privacy Policy
©2007 Daily Freeman - a Journal Register Property. All Rights reserved.

Interested in a career with Journal Register Company? Click here.
Journal Register

MidHudsonCentral.com is your local connection to newspaper websites in the Mid-Hudson Region.