CLEARFIELD – A preliminary hearing was held for a Clearfield man who was tazed for reportedly drawing a gun during a traffic stop.
Thomas A. Kennedy faces charges of: aggravated assault; DUI (incapable of safe driving); DUI (highest rate of alcohol); simple assault and recklessly endangering another person.
The first person to testify was Clearfield Borough Police Officer Nathan Curry. He testified that on the evening of April 10, he was on routine patrol in the Mill Road area. As part of his patrol, he travels through the Driving Park, checking on the skate park and basketball court. He said that a vehicle was in his lane of travel and turned into the Driving Park. He stated that he turned as well, as he was heading that direction.
Curry noted in his testimony that the truck in fron of him was traveling at a slow rate of speed. Curry said at one point, the vehicle stopped in the roadway for 20-30 seconds, then pulled off to the side of the road. He stated that he believed the person was in need of assistance, possibly lost. He pulled up next to the vehicle and attempted to speak to the driver through their open windows. He stated the male driver was holding a piece of paper outside the window, and, thinking their directions, solidified his belief the driver was lost. Curry said he couldn’t hear what the man was saying, so he exited his patrol vehicle and approached the truck.
Curry said he asked the man if he needed help. He then noticed that the paper was a Dominos Pizza flyer. He also noticed a Dominos Pizza box on the passenger seat and an open can of beer in the cup holder. He stated that he began to converse with the man again, but that the man became irritated. He said the man told him he lived on the corner and that he was driving around and eating. He said the argument got more heated. He stated he noticed an odor of alcohol coming from the vehicle at that point. Curry said when he pointed out the container of alcohol, the man began yelling.
“He was very animated,” said Curry.
The officer said when he asked the man for his paperwork, the man said, “You’re not taking me for DUI … Who are you?”
Curry said the man stared at him as he began to reach under his seat. He said he maintained eye contact as he began to pull up a brown case. Curry stated that he wasn’t sure if the man was getting his paperwork, but that when he began reaching under the seat, Curry readied his taser. Curry said the man unzipped the container and began to withdraw what he stated was a revolver. Curry said the whole time this was going on, he’s telling the man to show him his hands.
“I tazed him,” said Curry.
Curry said he got on the radio and was calling for back-up. He said that the man convulses and drops to his right, along the passenger seat.
“I’m telling him to drop the gun,” said Curry.
He stated that after the first five-second burst from the taser was up, he initiated another burst almost immediately. He said the man still had the gun, and related that he was afraid after the first five seconds were up, the man would shoot him.
He stated that during the second five-second interval, the man dropped the gun.
Curry said the man got up, and he ordered him out of the truck. He said the man turned off the truck and dropped the keys. He noted the man wasn’t exiting as fast as he wanted.
“He wasn’t adhering to commands to get out of the truck … he was looking at me.”
Curry opened the door and pulled him out. He said he put the man up against the back of his truck, but due to the size difference, he ordered the man to the ground. He said the man was not following his orders, so he took him to the ground. Once there, he got a cuff around the man’s left wrist, but was unable to cuff his right wrist until help arrived.
Curry said that while the man was down, he was yelling, “What’s going on?”
He stated that once back-up arrived and the situation was under control, he looked in the truck and saw the gun on the passenger side floor. He also said that it was around this time that they learned the man’s identity, that of Thomas Kennedy.
Curry stated that when the gun was checked, it had a full clip and one in the chamber. He also said the safety was on.
Under cross-examination by Kennedy’s attorney, Chris Pentz, Curry testified that Kennedy’s actions reaching for, and unzipping the gun case were casual. He said that when Kennedy reached in, it was casual, but that he “brought it out a lot faster than he was going in.” Curry said he saw the butt of the gun, or maybe three quarters of it before he tazed Kennedy.
Pentz also questioned him about asking Kennedy to drop the gun. Pentz asked what kind of muscle control the man would have while being tazed. Curry said it was different for each person. He also indicated that someone can be a little disoriented after getting hit with a taser. Curry also stated that Kennedy never pointed the gun at him.
Under redirect by Assistant District Attorney Warren Mikesell, Curry said, “My thought was, if the guy can move, I’m dead.” He was questioned again by Pentz, who asked him if he asked his client if he had a weapon. Curry said he did not.
“I do now.”
Tpr. Thomas Granville testified that he and three other troopers responded to a call for back-up from Clearfield County Control on the night in question. He said when arrived, the situation had been difused. Granville said he got some information from Curry and that CBPD Chief Vincent McGinnis asked him to take over the investigation since it was a borough officer.
Granville said he had Kennedy transported to Clearfield Hospital for a blood draw and continued his investigation of the scene. He stated a gun was found on the passenger-side floor of Kennedy’s truck, a Ruger .22 semi-automatic, with one in the chamber and a full clip, with the safety in the on position. He also said there were five full 16 ounce beers and one half-empy 16 ounce beer in the vehicle.
Granville said he read Kennedy his rights, and that he signed off on them. A blood draw was conducted. He later testified that the BAC results came back .184.
The trooper testified that on the way to the barracks from the hospital, Kennedy made a number of comments. He said Kennedy stated that he wasn’t sure what this was all about, that he couldn’t believe this was happening because he drew a gun on that boy. He said Kennedy realized he screwed up, but that he wasn’t going to shoot him (Curry). He also stated that Kennedy said he didn’t like police, and that he felt bullied by the Lawrence Township Police Department.
“I did not interview him due to his intoxicated state,” said Granville. “He told me enough on his own.”
He also testified that Kennedy was kept at Clearfield County Jail until he could be arraigned the next day, due to his state of intoxication.
Granville, a firearms instructor who was tazed during taser training, also testified as to his experience with tasers. He stated the results depend on how far apart the prongs hit; the further apart, the more effective, the closer, the less so.
Pentz asked Granville what was so bad about having a round in the chamber. Granville indicated that the weapon could be fired faster. He noted that he keeps one in the chamber, but noted that in this circumstance, an officer’s safety, as well as the safety of the public, was at risk.
Pentz also questioned him on the statements Kennedy made in the vehicle on the way to the barracks. Pentz indicated that Kennedy’s statements were taken to be true, but that he wasn’t questioned or arraigned due to his highly intoxicated state. Granville said that he didn’t question Kennedy due to the statements he already provided.
During closing arguments Pentz asked for the aggravated assault charge to be dismissed. He noted the charge was based on Kennedy not following commands to drop the gun. He noted that his client was under the effects of a taser.
“My client could have conversed a little better,” said Pentz.
Mikesell argued that under the cicumstances, the aggravated assault was clearly there.
“We’ll let the jury decide,” said Magisterial District Judge James Hawkins, who bound all charges to the Court of Common Pleas. He also left bail the same, at $100,000 unsecured.