Ellwood City dismisses injury claim

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

An Ellwood City police officer kept his composure while dealing with an erratic suspect, the borough’s solicitor said.

Edward Leymarie Jr. rejected Vicki Marie Kenney’s claim that Officer Michael McBride used excessive force and placed her under false arrest after a traffic stop on May 30, 2009. The 46-year-old Zelienople resident filed suit against the borough and McBride on Dec. 30 in U.S. District Court, downtown Pittsburgh.

“Not once did she come in here and say excessive force was used,” said Lt. Dave Kingston, who headed the department at the time. “The first we ever heard about it was the letter we received.

“Most of the people know Mike and know he’s a level-headed person.”

McBride had stopped a car that had left a Franklin Avenue club 15 minutes earlier. Kenney and her boyfriend, Jason Patrick Roberts, 49, were passengers in a car driven by Joshua Robert Shurtz, 21. The three were borough residents when the incident took place.

McBride chased the vehicle after it swerved and struck parked vehicles, Leymarie wrote in the borough’s response filed Jan. 20. McBride also saw drugs being tossed from the vehicle.

“She was actively attempting to hide money and drugs in the vehicle, so she was taken into custody,” Kingston said.

Kenney’s attorney, Gianni Floro of Moon Township, said his client was injured while in custody. He claims that during an interrogation, McBride injured Kenney’s arms, tore her left rotator cup and caused psychological trauma.

“She was the one that was jumping up out of the chair and had to be controlled,” Kingston said. “She never complained to the Ellwood City police department ever that she was hurt in any way after the arrest.”

Kingston said McBride used a “soft-hand control technique.” That happened when Kenney reportedly became “irrational and unreasonable while being questioned by Officer McBride,” according to court paperwork.

Kingston said he questioned McBride and two officers separately after the event.
“I believe he acted accordingly and didn’t violate any policies,” he said. “Officer Chris Hardy told me Mike handled the situation appropriately.

“If she had just complied, sat there and been calm, no force whatsoever would have been used.”

Kenney faced two drug-related charges, which were withdrawn. Roberts pleaded guilty to a misdemeanor count of possession. He was sentenced to the 16 days that he served in the Lawrence County jail and given 30 days probation.

Shurtz, who was charged with six offenses, pleaded guilty to DUI. He was placed under house arrest for seven days, served community service and ordered to forfeit approximately $600 and his 2002 Volvo.

Kenney, who wants a jury trial, is seeking in excess of $75,000. The parties are scheduled to meet March 3.

“We’re cognizant that we can be sued at any time,” Kingston said. “Most of them are frivolous.”