Judge offers veteran a choice in mistaken identity case

It's been almost a decade since three Las Vegas police officers, in a case of mistaken identity, seriously injured him during an arrest, yet Charles "Chuck" Barnard still waits for justice.

The Marine veteran with no criminal record was awarded $2.1 million in damages following a weeklong jury trial in federal court last February.

But on Friday, U.S. District Judge Robert Jones suggested the jury might have been improperly instructed before they found the officers violated Barnard's civil rights on the night of Dec. 8, 2001, prompting the jurors to grant an award that might have been too high.

Jones told attorney Paola Armeni that her client could accept $500,000 less or take his chances with another jury trial.

The judge said he would slightly trim attorney fees in the amount of $315,000. Several attorneys worked on Barnard's behalf since he filed the lawsuit in 2003.

Attorneys for officers Steven Radmanovich and Greg Theobald and former officer Gary Clark argued during the trial and again on Friday that the men were immune from civil liability by law, even though it was Barnard's brother they were looking for at a Henderson apartment the night of the incident.

According to court papers, Barnard opened the door and exited the apartment with his hands up when the police arrived, but Theobald tripped over a stand holding plants on a stair landing while trying to handcuff him as other officers arrested his brother.

Barnard was pepper-sprayed, placed in a chokehold and the knee of an un­identified officer was pressed on his neck for a prolonged period of time.

At trial, attorneys for the officers argued that Barnard resisted arrest, but jurors found that wasn't the case at any point. The rough treatment didn't occur until Theobald fell while trying to handcuff Barnard.

The law allows police officers to make "reasonable mistakes" in identifying suspects and it certainly allows them to use force when necessary. So, the question for jurors to decide was: Why did they continue to hold a knee to Barnard's neck for several minutes once they determined they had the wrong brother?

Barnard has had four spinal fusion surgeries and is in constant pain. Pain-and-suffering damages are usually included in civil cases such as this, but there is no routine test to establish a dollar figure.

Armeni at trial suggested 10 cents a minute for the remainder of Barnard's life expectancy and on Friday she acknowledged she used that figure simply to give jurors a starting point.

"I have a sincere doubt in my mind on the jury's decision," said Jones, who earlier stated he was reluctant to second-guess jurors but was up late the night before wrestling with the suspicion he didn't properly advise them of the appropriate law.

"With all due respect," said Armeni, "we gave the jury the right questions on the verdict form. The jury made the decision Chuck Barnard's rights were violated. If they thought the police mistakes were reasonable, they wouldn't have found they used excessive force."

Contact Doug McMurdo at
dmcmurdo@reviewjournal.com or 702-224-5512.