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City OKs payments in 2 suits against police officers

By Justin Fenton , justin.fenton@baltsun.com|September 19, 2008

The city's Board of Estimates approved payouts in two lawsuits against city police officers this week, including a $320,000 settlement for four men a jury found had been improperly arrested in Patterson Park two years ago.

In May, a jury awarded Jacob Adams, Charles Bowman, Shawn Clowney and Kerney Toomer, as well as a fifth man, Rudolph Hill, a total of $1.85 million based on their accusation that Officer Robert G. Cirello arrested them in a show of force to "prove he was 'King of the Park,' " according to court records.

The men said they were wrapping up a game of basketball July 17, 2006, when Cirello, who was on bike patrol in the area, demanded that they leave. They said he pepper-sprayed them, arresting Clowney and Bowman with his weapon drawn and calling for backup to arrest the others. Some of them spent weeks and months in jail awaiting trial, and each was acquitted of assault charges by a jury.


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Cirello countersued, saying the men became hostile and converged on him after he told them to leave the park because it was closed. He said one of them had lunged at him with a folding knife, and in a subsequent filing he insinuated that the men were responsible for an incident later that year in which he was shot while on patrol in the park.

That part of the countersuit was dropped when the plaintiffs requested documents related to the shooting investigation. The jury rejected Cirello's remaining counterclaims.

James L. Rhodes, an attorney for the four men, said the $320,000 figure was a settlement agreed to by the plaintiffs and the city after the jury rendered its verdict.

In a second settlement, the city agreed to pay $75,000 to a city man who said he suffered a fracture to the bone around his eye when officers responded to an argument outside the Brewer's Hill Pub.

Court records indicate that Timothy O'Conner of Bel Air was involved in an argument outside the pub Oct. 8, 2005, and that nearby officers from the Southeastern Tactical Unit responded. O'Conner allegedly cursed at one of the officers and said he was then struck by Officer Wayne Jenkins as Sgt. Michael Fries observed.

According to court records, Jenkins and Fries said that they had been distracted by another altercation and did not see who harmed O'Conner and could not locate witnesses who had observed his injuries. But two witnesses described observing an officer throw O'Conner to the ground and hold him down with a nightstick as another officer watched.

Records indicated that the case has been appealed to the Court of Special Appeals.

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