Beech Tree News Network

A jury was unable to determine whether a Butler County Sheriff’s Office deputy used excessive force while arresting a man in 2011 under suspicion of drunken driving but found the deputy had probable cause to make the arrest.

A three-day trial in U.S. District Court in Owensboro ended Wednesday with a jury finding in favor of Deputy Heath West, determining he had probable cause to arrest Wayne Johnson on charges of operating a motor vehicle while under the influence and resisting arrest.

Mike Lee, the Owensboro attorney who represented West, said the jury deadlocked on whether West used excessive force while arresting Johnson on his front porch March 17, 2011.

Lee said no court date was scheduled to resolve the excessive force claim, which entails allegations that West committed assault and battery while arresting Johnson.

Johnson’s attorney, John Caudill of Bowling Green, sued West in 2012, and court documents give conflicting accounts of what happened during the arrest.

Johnson fell over a waist-high railing on his porch onto the ground and struck his head, and he was subsequently diagnosed with a broken neck, undergoing surgery in Louisville two days after falling. He continues to suffer from recurring pain and a limited range of motion, according to the lawsuit.

West went to Johnson’s residence after receiving information about a truck that was stuck in the mud near Soggy Bottom racetrack.

The deputy learned the truck was registered to Johnson, who lived less than a mile from the track. West went to Johnson’s house to speak to him, and Johnson appeared intoxicated.

West claimed Johnson admitted driving the truck and getting it stuck in the mud and told the deputy he had not had any alcohol since arriving home, court records show.

Johnson declined a request from West to take a field sobriety test, and the deputy decided to make the arrest.

West grabbed Johnson’s right arm to make him stand and place handcuffs on him, only for Johnson to jerk away from him, the deputy claimed in court records.

West pinned Johnson against the wall of his trailer to try to handcuff him, but Johnson jerked away a second time, according to prior testimony West gave. When the deputy walked Johnson down the front steps, Johnson stumbled, fell over the railing and landed on his head, West claimed.

Johnson alleged in testimony that West identified himself by his first name and informed him he was arresting him for DUI.

Johnson claimed to have asked a couple of questions that angered West, leading to the deputy grabbing Johnson’s left arm, pushing him against the trailer, punching him twice and throwing him over the railing.

Chief U.S. District Court Judge Joseph McKinley dismissed Johnson’s claims against the Butler County Sheriff’s Office and the county in a ruling last year.

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By Justin Story

Bowling Green Daily News

Kentucky Press News Service

Date: 04-06-2015