$5.5M claim filed in Tempe stun gun case

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A man is demanding $5.5 million from Tempe, saying a police officer used a stun gun on him while he was holding a toddler in his arms.

Body-camera video released by local advocacy groups in November shows Tempe Officer Ronald Kerzaya use a stun gun on Ivaughn Oakry while Oakry was holding his 1-year-old child.

Oakry ignored multiple orders to put down the child, insisting he had the right to hold his child in his own home.

Oakry’s attorney has asked for $5.5 million to settle the case.

The notice of claim specifically questioned Tempe police’s tactics and useof-force training, describing them as “fear-based” trainings that “teach officers to use force without hesitation.”

“This case serves as an example of the inevitable result of a system that imbues a ‘warrior’ and ‘predator’ culture among armed law enforcement officers in lieu of offering meaningful de-escalation training,” the notice of claim says. “And, in this case, it was only by a stroke of incredible luck that these systemic deficiencies did not result in the death of an innocent, 1-year-old child.”

Tempe spokeswoman Nikki Ripley confirmed they received the notice of claim, but declined to comment on the matter due to possible pending litigation.

The city has 180 days to respond before a lawsuit can be filed.

Tempe police previously said they responded to 32-year-old Oakry’s apartment near Elliot Road and Hardy Drive shortly after 6 a.m. on June 15 for a domestic disturbance call.

The body-camera footage shows Oakry answer the door and tell Kerzaya “nothing” is happening.

Oakry insists that the officer cannot enter his house. Kerzaya then orders Oakry to put his hands behind his back and steps through the front door as he reaches for Oakry’s hands. Oakry raises his hands in a “surrender” position as Kerzaya draws his stun gun and points it at Oakry.

Kerzaya and Oakry go back and forth for minutes, the video shows. Another officer takes two young children onto an outside balcony. At one point, Oakry picks up the toddler, explaining that there’s no other adult in the apartment.

The officer repeatedly tells Oakry to put the child down. Oakry refuses.

This continues for minutes before an officer can be heard saying, “Do it.”

Officers strike Oakry with the stun gun, causing the man to fall forward onto a pile of clothing in trash bags with the child still in his hands.

The video shows other officers rush to the child as the male officer orders Oakry to roll onto his stomach.

“All three officers fired, as multiple TASER prongs penetrated Mr. Oakry’s skin, sending

50,000 volts of electricity coursing through his body,” the notice of claim states. “The TASERs worked as designed, causing Mr. Oakry to briefly convulse before falling motionless to the ground — on top of his baby. The officers then moved in, rolling Mr. Oakry’s immobilized, 200-pound body off his son. With the baby free, the officers then sent a second round of electricity through Mr. Oakry, and then a third — despite him being on the ground, cowering and defenseless.”

Police said Oakry continued to resist but was ultimately taken into custody by several officers. Oakry was charged with child endangerment and assault. Hamel said the charges were later dismissed.

Tempe police said maintained that the child was not injured in the incident. Chief Sylvia Moir said Tempe Fire Medical and Rescue determined no one was injured after examining Oakry, the child and the mother of the child.

“These innocent children and their mother were placed in harm’s way by the suspect and any suggestion that anybody else but this suspect put people in harm’s way is irresponsible,” Moir said during a Nov. 5 news conference.

The officers involved underwent mandatory re-training in contact communication, defense tactics and enhanced de-escalation technique following the incident, Tempe police said. Their actions were found to be within policy.

Department spokeswoman Det. Natalie Barela at a news conference said the officers had lawful right to enter the residence for the safety of the children inside.