Video shows violent encounter

Plaintiff in lawsuit claims his rights were violated in police station fight

Pittsburgh Post-Gazette

Beaver County District Attorney David J. Lozier this week released video of a violent encounter last year between three Aliquippa police officers and an intoxicated Pittsburgh man that is now the subject of a federal civil-rights lawsuit against the city.

While plaintiff Gregory Johnson claimed in his complaint that police used excessive force to beat him up in front of his wife and 4-yearold daughter, leaving him with a broken jaw and other injuries, Mr. Lozier disagreed.

“It was perfectly appropriate use of force based on what officers are taught,” Mr. Lozier said Friday. “He made a move toward the officer, he made a move toward his wife, and the officer put his body between the guy and his wife. He was sort of shoving his wife. The individual then moved toward the officer, put hands on the officer.”

Mr. Johnson’s attorney, Steven Barth, decried what heviewed as unnecessary violence on the part of the police officers.

“Greg Johnson does not deny that he was drunk that night and that his conduct was horrible. However, it does not justify the violence he received from the officers,” Mr. Barth said this week in a statement. “Nowhere in the crimes code or statutes does acting drunk and disorderly justify a fractured jaw or physical violence. The Constitution protects all citizens of this country.”

Mr. Johnson, his wife and daughter last week sued Aliquppa, Police Chief Donald A. Couch Jr., Sgt. Neal Nicholson and Patrolmen James Cillo and Jonathan Cochran in federal court, claiming civil-rights violations and malicious prosecution.

The encounter occurred about 4:45 a.m. June 17 at the Aliquippa police station. Officers arrested Mr. Johnson, 41, of Beechview. A report by Sgt. Nicholson indicated that Mr. Johnson kicked in the door of his ex-girlfriend’s house.

Police took Mr. Johnson into custody for public drunkenness and disorderly conduct. He contacted his wife, Chavonne Newman, who came to pick him up along with their child.

“Mrs. Newman stated that he does not get physical with her so she is not worried,” the report said. “Mrs. Newman also stated that Johnson does not become physical when intoxicated he merely ‘runs his mouth.’ “

A dispute arose when Mr. Johnson refused to sign two citations and paperwork for paramedics saying he refused treatment for minor injuries from the scrape with his ex-girlfriend. Mrs. Newman tried to get her husband to sign the documents.

In the surveillance video recorded after Mr. Johnson is released from the police station holding cell, he can be seen having a heated conversation with Mrs. Newman and Patrolman Cillo. There is no sound.

At one point Mrs. Newman appeared to be pushing Mr. Johnson backward. Mr. Johnson then removed her hand and moved her out of the way as Patrolman Cillo advanced. The two men began talking.

Patrolman Cillo put his right hand on Mr. Johnson’s left shoulder. He then shifted his hand up to Mr. Johnson’s collarbone area.

In response, Mr. Johnson pushed Patrolman Cillo’s forearm away. Patrolman Cillo then grabbed Mr. Johnson by the throat with his left arm while using his other hand to hold Mr. Johnson’s arm.

Patrolman Cillo appeared to yank Mr. Johnson toward him, grab him by the back of the head and take him to the ground. A report by Patrolman Cillo described the encounter this way:

“Johnson came out of his cell clearly upset at Newman[...] began yelling at her for siding with the police and chest bumped her. At that time I stepped in between Johnson and his wife in an attempt to place him back into his cell and to protect Newman,” the report said.

“Johnson then chest bumped me and took a fighting stance with a closed right fist. At that time I grabbed the combative Johnson around his upper torso area,” the report continued. “Johnson and I then began to wrestle, we ended up on the ground with Johnson on top of me. I flipped Johnson off of me, I delivered two knee strikes and one elbow strike to Johnson.”

Patrolman Cillo wrote that Mrs. Newman told her husband, “You did this to yourself.”

The suit, filed by Mr. Johnson and Mrs. Newman, says Mrs. Newman did not feel threatened by her husband. The suit also claimed that Patrolman Cillo suddenly grabbed Mr. Johnson “by the neck and slammed him against the wall then threw him to the concrete floor causing [his] face to be slammed violently against the floor whereby he suffered severe and serious injuries and damages which may be permanent in nature.”

Prosecutors withdrew the aggravated assault charge against Mr. Johnson, who pleaded guilty to public intoxication and disorderly conduct.

Mr. Lozier, who released the video in response to media requests, said he withdrew the felony charge because of “the facts of the case.”