Sunday, March 2, 2003

Use of force by PTC officer during arrest at issue in federal trial

By JOHN MUNFORD
jmunford@TheCitizenNews.com

A federal jury will determine whether a Peachtree City police officer injured a woman while arresting her for obstruction of a police officer during a domestic violence investigation back in August 1998.

Carolyn O'Keefe claims that officer Vicki Roman injured her while she was subdued and handcuffed in the hallway of her home after O'Keefe left the kitchen contrary to the instructions of then-Sgt. David Lamb to stay there.

The jury was expected to begin deliberating the case as late as this morning.

Lamb, who is now a lieutenant, testified in court Wednesday that he told Roman to handcuff O'Keefe, who was charged with obstruction of a police officer for failing to stay in the kitchen area as Lamb and Roman ordered.

O'Keefe's husband, Kevin, had ordered her to go back to the bedroom and lock the door, Lamb said, adding that Kevin O'Keefe was verbally belligerent and used vulgarities from the moment Lamb entered the door.

Lamb and officer James B. Hughes, who was also on the scene, both testified they did not see how Roman subdued and handcuffed Mrs. O'Keefe.

Lamb and Hughes also testified that they never heard Carolyn O'Keefe complain of pain from an injury at any time. If she had done so, medics would have been called to the scene to evaluate her for treatment, Lamb testified.

O'Keefe attorney Bruce Millar questioned where Lamb got the information from his use of force report that was filed regarding the arrest of Carolyn O'Keefe. Although Lamb previously said on the stand that he didn't witness the arrest, he noted in the report that Roman used the appropriate technique and the appropriate force.

Lamb admitted that he did not have control of the situation.

"It was chaotic and it was getting out of control," Lamb said.

The incident was resolved as officers also arrested Kevin O'Keefe for obstruction of a police officer and maintaining a disorderly house and the couple's son, Thomas O'Keefe, who was arrested for simple battery. Mrs. O'Keefe was also charged with maintaining a disorderly house in addition to the obstruction charge.

Guilty verdicts against the O'Keefe family were vacated by Fayette State Court Judge Fletcher Sams, who ruled the police didn't have probable cause to enter the O'Keefe residence.

U.S. District Court Judge Willis B. Hunt dismissed a portion of the O'Keefes' suit that sought damages for the incident, ruling that the officers had "at least" probable cause to make the arrests despite the illegal entry into the home.



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