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Teacher Suing After Being Tackled, Tasered By Deputy

POSTED: 5:57 pm EDT April 6, 2007
UPDATED: 6:17 pm EDT April 6, 2007

A teacher, tackled, shot with a stun gun and taken to jail, said an Orange County deputy went too far and has now filed a lawsuit against him and the sheriff's office.

Jonathan Evan's ordeal started after he was pulled over for running a stop sign and it quickly escalated. He was handcuffed for resisting arrest, after the deputy asked him to hand over his license for a second time.

All the charges were eventually dropped.

Evan said he was tackled from behind, right in front of his mother-in-law's house and in front of his wife and mother in law. He said the deputy even threatened them, before making an arrest that even the sheriff admits was wrong.

"I've got my back to the officer and he tackled me to the street," Evan said.

Evan said Deputy Tyrone Harvey didn't like being questioned about which stop sign he ran, 15 minutes after the deputy had given him a warning, and was angry that Evan questioned the deputy's demand to hand over his driver's license a second time.

After the tackle, came the stun gun.

"I put my hands in the air. 'Please tell me what you want us to do. Take it. Take what you need.' Because he had now threatened my wife and my mother-in-law with a Taser gun and he just shot me," Evan said.

Then Evan went to jail.

The sheriff docked 12 hours of the deputy's pay for making an unlawful arrest, but found the deputy did not use excessive force.

Evan took the force issue to the Citizen's Review Board last year and it agreed with him.

"This is disgraceful behavior," said board member Van Church, during the hearing.

The sheriff's internal affairs investigator told the board that citizens don't have the right to resist officers, legal arrest or not.

"What it does is tell officers that they can get away with this type of stuff, which is exactly what the sheriff should not be allowing officers to do," said Evan's attorney, Howard Marks.

Even though all charges were dropped, Evan now has an arrest record.

"It's very disappointing that you could take my good name," he said.

The sheriff's spokesman said he can't talk about the case since it's going to court, but records show during the deputy's three years with Orange County he's been cleared all eight times he's used force, but he's never been disciplined for the four citizen's complaints that he's been rude, belligerent and aggressive, mostly during traffic stops.

The Orange County Sheriff's Office policy allows deputies to use stun guns when there is quote "active resistance," but deputies must consider a variety of things, including the seriousness of the crime, whether there are weapons involved and the violent history of a suspect.


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