LIBERTY - A civil suit filed by an elderly Wilson Avenue man who was Tasered by police more than two years ago will be going to trial in federal court.
A trial date of March 2 has been set in the United States Northern District Court of Ohio for a suit filed by 80-year-old Ralph Alexander against township officers Chad McGarry and George Bednar following a Nov. 18, 2006 incident at his home.
Alexander filed suit claiming his civil rights were violated. U.S. Magistrate James S. Gallas denied the township's motion for summary judgment in September, setting the stage for the trial.
The case had been filed in Trumbull County Common Pleas Court in November of 2007 but was moved to federal court.
Police were called to Alexander's home about 11 p.m. Nov. 18 for a report of a home invasion. Two officers, Bednar and McGarry, arrived at the home after being unable to track down the suspect in the nearby area and found Alexander in his driveway wielding a .20-gauge shotgun and yelling threats of blowing off the intruder's head if he returned.
Alexander was ordered several times to put down the weapon and refused, becoming more and more agitated as the officers tried to calm him. A struggle between police and Alexander eventually ensued, and at one point, the 78-year-old fired his weapon into the ground, according to police.
As police were trying to place handcuffs on Alexander, the man kicked one of the patrolmen and the officer returned the blow with a shock from a Taser gun.
An internal investigation later cleared the officers.
Alexander's attorney, Michael Rossi, said there is no chance of a deal being worked out before the case goes to trial.