A federal jury Monday began hearing the tale of a 2014 Station Square wedding reception brawl that led to the arrest of a state trooper — the groom’s brother — and his subsequent claim that city police roughed him up and lied about it.
David Williams, a veteran state trooper and Iraq war veteran, claims that city officers Eric Baker, Brendan Nee, Nathan Auvil and their sergeant, Stephen Matakovich, violated his civil rights.
His lawyer, Tim O’Brien, is asking for compensatory and punitive damages for the harm the incident did to Trooper Williams’ reputation as a law officer, although lawyers for the police officers say Williams has only himself to blame.
Trooper Williams scuffled with police who had arrested his brother Mark after he got off the Gateway Clipper boat “Princess” on Sept. 1, 2014.
Mark Williams had been accused of groping a waitress at his wedding reception on the boat. She called her boyfriend, who drove to Station Square and fought with Mark when the boat docked. Both ended up bloody. Police said Mark Williams resisted arrest when they arrived to quell the fight.
They also said David Williams, 38, of Plum, interfered with their attempts to arrest Mark and assaulted them when they tried to get him to back off.
They charged him with aggravated assault, riot and other crimes, although all were withdrawn 12 days after the incident.
Trooper Williams’ suit accuses Officer Nee of using excessive force in kicking him in the groin while taking him to the ground and the other officers of malicious prosecution in filing false claims.
In his opening statement, Mr. O’Brien said a security video does not show Trooper Williams assaulting the officers and that they withdrew the charges when they realized the video did not bolster their version of events.
“When you see the video, it’s not true,” he said of their claims that his client initially attacked Officer Baker.
He also said that Sgt. Matakovich, who is under federal indictment in an unrelated excessive force case, told the other officers to try to get Trooper Williams to plead to something after the incident to shield them from a lawsuit.
He said officers patrolling the South Side routinely overcharge people in street incidents and then get them to plead to lesser offenses.
That way, he said, they protect themselves from civil rights claims.
Instead, Officer Baker elected to withdraw the charges at the preliminary hearing.
Mr. O’Brien said that was because he knew the video didn’t show Trooper Williams as an aggressor.
But Paul Krepps, who represents Officers Baker, Nee and Auvil, said it was an act of kindness on the part of Officer Baker because he didn’t want to see Trooper Williams lose his job. He said the officers and Trooper Williams even shook hands after the charges were withdrawn, and a judge never heard any evidence.
“Mr. Williams thanked them for helping him save his job,” Mr. Krepps said.
Tina Miller, an attorney who represents Sgt. Matakovich, said her client told Officer Baker to get Trooper Williams to do community service before withdrawing the charges. She also said Officer Baker felt pressured by Trooper Williams’ friends to withdraw the charges.
But she said her client had nothing to do with investigating the case and never even saw the criminal complaint against Trooper Williams.
She said Sgt. Matakovich is not liable for a malicious prosecution claim because his role was minimal.
“We’re here because of David Williams’ bad choices,” Ms. Miller said.
Lawyers on both sides also sparred over the excessive force claim involving the kick that Officer Nee delivered, which can be seen on the video. Mr. O’Brien said there was no need for the kick. But Mr. Krepps said that when officers went to take Trooper Williams into custody, his shirt came up and exposed his service pistol on his waist.
Mr. Krepps said Officer Nee yelled “gun!” and “kicked out” in self-defense.
Officers discovered that Trooper Williams, who they said did not identify himself as a police officer until he was on the ground, was also carrying a knife.
Sgt. Matakovich took possession of the gun and knife and turned them over to state police for safe-keeping as officers took Trooper Williams to jail.
Much of the testimony will focus on the video. But Mr. Krepps asked the jury not to focus solely on the images but instead consider the “totality” of a chaotic situation.
Of Trooper Williams, he said, “he’s responsible for everything that happened to him that night.”
The trial will continue this week before U.S. District Judge Arthur Schwab.
Torsten Ove: tove@post-gazette.com.
First Published: April 10, 2017, 7:46 p.m.
