New complaint filed against Monticello police By TOM RUE
MONTICELLO - Raymond L. Harris, 47, presented a complaint on January 21 to the Village of Monticello Human Rights Commission, alleging that excessive force was used against him in an arrest on September 28; and that his rightful property was not subsequently returned. In a January 13 letter, Harris accused arresting officers of brutalizing him and spraying a mace-like gas into his eyes after they had him handcuffed and fully restrained. Harris is black.
Explaining that when he came home on September 28, Harris said he found someone had burglarized his residence. "I was extremely upset and brought my shotgun outside and shot it once into the air while standing on my entrance deck. I yelled and showed my neighbors how upset I was that my property and person were violated," he wrote. He subsequently pled guilty to menacing.
"Just for the record, I'd like it to be known that [Monticello] Detective Gerry Dietz was the arresting officer," noted commissioner Roy Parker, holding the arrest information.
Because the incident took place on the night of last fall's tornado, commissioner Harvey Weinberg asked if maybe "martial law" was in effect, and what that might mean for civil rights and law-enforcement.
Moore said he would consult with the police and district attorney Stephen Lungen about the matter and give a report at the February 18 meeting.
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TEXT OF COMPLAINT BY RAYMOND L. HARRIS
January 13, 1997
I, Raymond L. Harris, wish to file a complaint against the Village of Monticello, and the Monticello Police Department for the way they mistreated me and violated my human rights.
On December 28, 1996, I arrived home to find that someone had broken my kitchen window, unlawfully entered my 42 Wood Ave. apartment, and stole a number of items, such as tools and rifles. I was extremely upset and brought my shotgun outside and shot it once into the air while standing on my entrance deck. I yelled and showed my neighbors how upset I was that my property and person were violated.
One of my neighbors must have called the police. Approximately six policemen and a dog showed up. They told me to drop my weapon, so I threw the shotgun onto the ground about fifteen feet away from me.
Then one officer ran up onto the deck, slipped and fell. It was a funny sight, so I laughed at his actions. Two others ran up to me, and all three pushed me down on the deck, pulled my hands behind me, and put on the handcuffs.
They rolled me onto my back, and one of them put his knee on my chest while the two others held me down.
I did not try to resist them in any way.
They lifted me up and started to remove items from my belt, while twisting my body in different directions. Then they brought me onto the lawn in front of my apartment. They continued to remove items from my belt.
Then they sprayed mace (or something like it) into my face and eyes and blinded me temporarily. [Emphasis in original.]
At this point, my glasses flew on the ground, and a policeman pressed my face into the ground while others held me down and continued to grope at the items hanging from my belt. Again, I was not trying to resist in any way, especially since my eyes were burning and tearing temporarily.
My lawyer, Lisa Pavilchek, suggested I accept the offered plea bargain of menacing, which contained no jail time or probation, in order to put this situation behind me. Lisa felt that I should be able to get my guns back and restitution would be made on the items stolen from me. Assistant D.A. Tina Miniscus [sic] told me on the phone that the police would give me back my guns and property.
A short time later, Frank Armstrong, of the Monticello Police Department, mentioned to me that I may want to hire a lawyer to get back my property. This surprised me, since I was told something different by the D.A.'s office.
I feel that the police used excessive force when arresting me and have no right to keep my property. It is for these reasons that I believe my complaint is valid. [signed] Raymond L. Harris
Signed and affirmed before me
this 13th day of January 1997.
MARIA J. FLYNN
Notary Public of the State of New York
Sullivan County Clerk #2301
Commission Expires 4-4-98