By Kara Murphy
Erie Times-News
ERIE, Penn. — Erie Police Chief Steve Franklin said an officer used excessive force when he threw a flashlight at a woman’s vehicle and struck her.
Franklin said he has ordered that the officer be suspended as a disciplinary measure. But the officer has indicated he wants to discuss the issue with a lawyer and possibly fight the suspension, Franklin said.
Because of that, Franklin said he did not want to discuss details of the disciplinary action, other than to say it involves a “short” suspension from duty.
The incident occurred Oct. 2 at 11 p.m. on the Bayfront Parkway, when the officer was directing traffic away from the Bayfront Convention Center because of a fire alarm there.
Erie County District Attorney Jack Daneri, who investigated the incident as a possible criminal matter, said earlier this month that the officer thought a woman driving on the parkway did not see him and was afraid she was going to strike him with her vehicle. In response, the officer threw the flashlight at her car window, Daneri said.
Daneri said the officer didn’t realize the woman had unrolled her car window, and the flashlight struck her in the arm.
Franklin said the woman is the daughter of another Erie police officer.
Daneri found that the incident did not rise to the level of an assault and declined to charge the officer.
“We didn’t believe there was any maliciousness or intent to harm on his part as much as it was just a quick reaction,” Daneri said in explaining his decision.
But the internal-affairs review by the Erie Bureau of Police, which was conducted by Deputy Chief Joe Emerick, found that the officer used excessive force, Franklin said.
“We didn’t find it reasonable given the circumstances, and as a result of that, we’re going to mete out disciplinary action,” Franklin said. “The officer had other options available to him to get her to stop.”
Franklin said he did not want to discuss the issue further until the officer has had the final requested hearing.
“We don’t want to make it look as if we’re trying this in public,” Franklin said. “He still has the opportunity to respond to the allegation against him, and we want to give him a chance to do that.”
Copyright 2009 Erie Times-News