At its Oct. 18 meeting, the Van Buren Township Board of Trustees voted unanimously to follow its attorney’s recommendation to settle a law suit against police officers with a $35,000 payout.
Township attorney Ethan Vinson had been summoned by a federal magistrate to a settlement conference at 2 p.m. Monday, Oct. 17, and later that day he met in executive session with the township board. The next day the board voted to settle.
The Civil Rights lawsuit was filed on Dec. 8, 2009 in federal court by VBT resident Mary Helene Williams-Turk against VBT Police Sgt. Charles Bazzy, VBT Officers LouAnn Hamblin, and Christopher Herrick and Belleville Officer John Kapchus. The township was named in the suit, but later was dismissed as a defendant. Officer Herrick, a former Belleville officer who had been with VBT less than two months, also was dismissed from the suit.
The suit stemmed from an incident that occurred just after midnight on Super Bowl Sunday Jan. 21, 2008 when a police officer (apparently Kapchus) allegedly handcuffed the plaintiff too tightly behind her back and she claimed the officers failed or refused to loosen the handcuffs and she suffered severe injuries to her wrists and arms, causing pain, suffering, medical expenses, physical therapy, loss of employment, etc.
The suit claimed the township inadequately supervised or trained its police officers in general, or this police officer in particular, in the proper use of handcuffs. The suit also claimed excessive force was used after she was handcuffed.
The township denied all the charges.
The police car video camera showed that Herrick loosened the plaintiff’s cuffs within a minute of her complaining, so the charge having to do with the handcuffs ultimately was dismissed.
The remaining charge was excessive force, referring to charges that Kapchus treated her too roughly by pulling her off her porch by her handcuffs and pulling her up by her handcuffs when she slipped. She also charged he pushed her roughly into the police car, which was difficult to see on the tape. The truth of that allegation was going to be left to a jury to decide.
The incident started after police were called by a neighbor who saw an apparently drunken 17-year-old girl outside in the snow in the bitterly cold weather without a coat.
Mary Helene Williams-Turk was having a going-away party for her 19-year-old son Dominique Williams who was going into the Navy.
The party began at 2 p.m. and lasted into the evening at their home at 14165 Winding Pond Lane in Van Buren Township.
VBT officers were dispatched to the scene for a disturbance and dispatch also sent Belleville Officer Kapchus, as well, as mutual aid backup.
One thing led to another and after Turk’s son Tommy Williams was arrested on outstanding warrants, Turk tried to help him, became combative, and ended up with three misdemeanor charges against her, including assault and battery on a police officer. Thus, she was handcuffed and taken to VBT for booking, along with the girl, and Tommy Williams.
The assault and battery and obstructing justice charges against Turk were ultimately dropped and the furnishing alcohol to a minor charge resulted in a deferred sentence, fines and costs.