POLICE CLEARED

NY attorney says use of force was justified in death of John Havener

New York’s attorney general’s office says the use of force was justified in the ar- rest of an unarmed 41-year-old Vernon Center man who died after being shocked twice with stun guns by police.

John Havener Jr. died in January after being subdued by po- lice in the city of Oneida.

An attorney general’s report Friday says Havener had driven off the road while on drugs and was walking around speaking incoherently when officers approached.

The report says two Oneida officers tried to subdue Havener with a Taser and pepper spray. A third officer from Ca- nastota Police arrived and used his Taser in dart mode, allowing the three officers to handcuff Havener.

The Onondaga County Medical Examiner found Havener’s death to be accidental and caused by multiple drug toxicity.

New York state police had

said shortly after the incident that Havener and another male passenger had left a Munnsville home close to 3 a.m. that day to go to the Oneida Walmart. The unnamed passenger told police that Havener began driving erratically on Genesee Street as the vehicle approached Glenwood Plaza. The passenger grabbed the wheel a couple of times because he feared how Havener was acting and that the vehicle would crash, according to state police.

After passing the traffic signal at Dream Catcher Plaza, Havener became more agitated, and for reasons unknown to police and his passenger, began driving in reverse down Route 5. Eventually, the vehicle struck a curb and ended up in a snowbank near the Troop D barracks. Havener’s passenger then grabbed the keys and fled to the nearby McDonald’s restaurant, according to police.

At around 4:15 a.m., Oneida City Police responded to reports of a man flagging down traffic in the middle of the road.

After police subdued Havener, according to an account given by Oneida Police Chief Paul Thompson immediately after the incident, it became apparent he was having trouble breathing. An ambulance was called to take Havener to Oneida Healthcare, where he was declared dead.

When asked for a comment, Thompson said the attorney general’s report speaks for itself.

CHARLES PRITCHARD — ONEIDA DAILY DISPATCH FILE New York state troopers redirected traffic near Dreamcatcher Plaza after part of Route 5was closed down on Jan. 22, 2018, after an incident in which John Havener Jr., of Vernon Center, was stunned by police and subsequently died.