By John Bear
Albuquerque Journal
BELEN, N.M. — A man Tasered by Belen police during a welfare check is suing the department and the city for violating his civil rights, although he and the department offer differing versions of the event.
John Evans, 39, in a civil lawsuit filed in 13th Judicial District Court, said he had an argument with his girlfriend Feb. 19 and made a joking reference about a former tenant of his residence who committed suicide.
His girlfriend’s mother called police, who responded to the house to conduct a welfare check.
Evans alleges that the officers began yelling his name, and he initially thought the voice belonged to a friend of his. He was taking a bath and said he would be out shortly, at which time the police kicked the door in.
He said he has a loud stereo in his home and claims he couldn’t hear the police come in.
Evans alleges that the officers threatened to shoot him, and he replied, “Are you going to shoot an unarmed naked man?”
He said the officers Tasered him, and threatened to do it again when medical responders arrived and forced him to go to the hospital.
A woman identifying herself as the mother of Evans’ girlfriend told a 911 dispatcher that her daughter said Evans had threatened to kill himself and was not answering the phone, 911 transcripts state.
A Belen police report said officers were given the key to the home by the property owner and kicked in the bathroom door after
Evans refused to come out. Once inside the bathroom, the officer told Evans to show his hands, which Evans refused to do, according to the report.
Evans grabbed the shower curtain bar, held on and made several aggressive motions toward officers, the report said.
Evans denied making any aggressive motions toward police.
Once the officer could tell Evans was unarmed, he put his service weapon away and pulled out his Taser, eventually shocking Evans with it, according to the report.
The report states that officers told Evans he would be Tasered again if he refused to cooperate with medical personnel who arrived on scene.
Evans said he dared the officers to shoot him when they came into the bathroom with weapons drawn.
“I started arguing with the cops because I’m not an idiot,” Evans said in a phone interview. “I know they aren’t going to shoot an unarmed man.”
Evans is seeking damages for personal injury; assault; battery; false arrest; false imprisonment; malicious abuse of process; negligent hiring, retention, supervision and training; and violation of civil rights.
Named in the lawsuit are Lt. Robert Miller, Detective Sgt. Joe Portio, Police Chief Mike Chavez and the City of Belen. The officer who Tasered Evans, Joe Chavez, was not named as a defendant in the lawsuit.
Chavez said he couldn’t comment on pending litigation.
Copyright 2010 Albuquerque Journal