FOR IMMEDIATE RELEASE:
MINOR TAZED BY PARTY PATROL SUFFERS INTERNAL INJURIES
Albuquerque, NM (December 17, 2008) -- Today a civil suit was filed in the Second New Mexico State District Court against the City of Albuquerque and the Albuquerque Police Department as a result of an incident which occurred on July 27, 2008.
On that day, the Party Patrol of the Albuquerque Police Department raided a house party at 6101 Bellamah Avenue NE. Approximately 100 adults and minors were in attendance. When the Party Patrol arrived at the target house, the front yard, backyard and house were overcrowded with people. Minor in Possession citations (MIPs) were issued to minors who were in possession of alcohol or proven to be intoxicated. The adults were allowed to leave.
According to the Complaint, at the time of the raid Jon James Ocksrider was walking with a friend on the north sidewalk of Aspen Avenue, the residential street directly north of Bellamah Avenue. Suddenly a young male wearing a black t-shirt ran out of the front yard of a house on the south side of Aspen followed by Albuquerque Police Officer Tim Lonz, a member of the Party Patrol.
When his friend yelled, “run,” Ocksrider and the friend started to run in the same direction as the male in the black t-shirt. Officer Lonz stopped pursuing the male in the black t-shirt and began to pursue Mr. Ocksrider. According to Ocksrider, Officer Lonz did not identify himself as an officer, but ordered Ocksrider to stop running.
When he failed to stop Officer Lonz fired a taser, hitting Ocksrider in the lower back and sending 50,000 volts through his body. He was running at a high rate of speed, and immediately hit the concrete sidewalk face first. Officer Lonz placed handcuffs on Ocksrider, escorted him to the house being raided and issued him an MIP citation.
As a result of the incident Ocksrider suffered a black eye, several abrasions and a lacerated (torn) kidney which required a five-day hospital stay. To date, Ocksrider has incurred medical bills of approximately $35,000.00.
In the Complaint, Christopher Ocksrider and James C. Ellis (attorneys for Jon James Ocksrider) state, “At no time did Defendant Lonz have probable cause to stop or detain Mr. Ocksrider, let alone taser him. In fact, it is wholly unreasonable to taser a minor who poses no threat to the officer or community; especially when the alleged offense is a petty misdemeanor non-violent transgression, such as an MIP.”
As of today the MIP issued to Ocksrider has not been filed with the Metropolitan Court. All other MIP citations issued at the raid were filed within two days and have been prosecuted.
“Officer Lonz overreacted and used excessive force in the apprehension of Mr. Ocksrider. Given the clear excessiveness of this case, it is our hope that a reasonable settlement can be achieved to avoid costly litigation at the expense of the taxpayers,” states Christopher Ocksrider.
For more information contact:
Christopher Ocksrider, Attorney at Law | 505.266.0800 | chris@ocksriderlawfirm.com
or
James C. Ellis, Attorney at Law | 505.266.0800 | jamescellisatty@aol.com
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