Deaf man awarded $175,000 in settlement

A deaf man has been paid $175,000 in taxpayer funds to settle claims Oklahoma Highway Patrol troopers used excessive force during a 2014 traffic stop.

Pearl Pearson, who also is mute, sued the Oklahoma Department of Public Safety in 2015 after suffering injuries to his head, face and upper body during the traffic stop.

Pearson, now 68, of Edmond, claimed three troopers “used unnecessary, unprovoked and excessive force” when he was unable to communicate or follow verbal commands, according to the lawsuit.

An Oklahoma City federal judge approved the settlement in January. DPS did not admit to any liability in reaching the settlement.

“Pearl was very pleased with the results,” his attorney, Derek Burch, told The Oklahoman.

Burch said the settlement is the maximum amount Pearson could have received due to a state tort claim law.

Oklahoma County District Attorney David Prater cleared troopers Eric Foster, Kelton Hayes and Jason Owens of any wrongdoing in the arrest of Pearson. DPS also determined the troopers handled the traffic stop “properly and in accordance with OHP policy and training.”

Burch, though, said the

troopers beat Pearson “to a pulp.” Pearson’s eyes were swollen shut following the altercation.

“Excessive force was used for a very minor matter that could have been handled very easily with these three troopers,” Burch said. “It ultimately resulted in him having facial injuries, and the worst injury was a completely separated shoulder.”

On Jan. 3, 2014, troopers Foster and Hayes stopped Pearson in Oklahoma City on suspicion of leaving the scene of a noninjury accident. Burch said Pearson “tapped the bumper of a car that was behind him.”

During the traffic stop, Pearson made gestures to inform the troopers that he was deaf. At one point, Pearson reached toward the inner portion of the door, which initiated the physical altercation with the troopers, the state agency reported.

“Foster and Hayes together forcibly and unlawfully removed Pearson from his vehicle and threw him face down on the ground,” according to the lawsuit.

A struggle reportedly lasted more than five minutes before Owens arrived and assisted in handcuffing Pearson.

The state agency reported the “force used against Pearson was reasonable,” documents show.

After the incident, Pearson was charged in Oklahoma County District Court with resisting arrest. Prosecutors dismissed the misdemeanor case last year due to the expected high expense of hiring interpreters for trial, records show.

Pearson also was charged in Cleveland County District Court with leaving the scene of an accident, a misdemeanor. The hit-andrun reportedly occurred in Moore. Burch said that case, which is pending, is expected to be resolved by plea agreement.