BURLINGTON – A jury has found that a Rutland police officer did not use excessive force during a traffic stop that prompted a federal lawsuit filed by a local business owner.
Kevin Elnicki, owner of Earth Waste Systems, alleged in a lawsuit filed in 2017 that Officer Ryan Ashe pointed a gun at him, dragged him out of his truck and slammed his head on the ground. He claimed the events constituted excessive force and violated his rights under the Fourth Amendment.
The jury heard closing arguments Tuesday as the two-day trial concluded at U.S. District Court in Burlington. A verdict was entered after about an hour and a half of deliberation.
The lawsuit named the city of Rutland, police department and Ashe as defendants.
Kaveh Shahi, representing the defendants, told the jury to take note of the lack of formal documentation for injuries to Elnicki after the incident on Dec. 20, 2016.
“If this would really have happened he would have gone to the doctor,” he said.
Ashe reported that he used multiple sirens before Elnicki pulled into the parking lot of Thomas Dairy in Rutland Town 2.6 miles later, according to court filings.
Elnicki was driving a truck with a waste container heading north of the city on Route 7. Earth Waste Systems — his trash, recycling and scrap metal management company — is located on the same road, a short distance away.
The lawsuit alleged Ashe approached Elnicki with his pistol pointed at the cab of the truck, screaming at him to exit the truck. Ashe then forcefully pulled Elnicki’s hands out the window and proceeded to remove him from the vehicle.
The interaction caused Elnicki “to slam to the frozen ground where he was pinned, causing pain and injury,” his attorney, Matt Hart, wrote in the lawsuit.
Elnicki suffered “pain, emotional trauma, discomfort, fear, anxiety and embarrassment” as a result of the incident, Hart wrote. He did not require hospitalization but received counseling, according to the court filing.
Shahi said during his closing argument that Ashe wanted to ensure the “scene was secure” during the traffic stop. He described Elnicki as a “big guy” and said he was “frothing at the mouth” during his interaction with Ashe.
“This is not a risk free job, those are judgments officers have to take,” Shahi said.
During his closing argument, Shahi recounted the series of events to the jury, arguing that there was no excessive use of force and the only contact came when Ashe “grabbed” Elnicki’s arm as he was coming out of the truck.
Shahi told the jury to consider the public location of the incident, in the parking lot of Thomas Dairy.
“He wasn’t in a situation where any force was used,” he said. “The trucks were coming in and out, everybody’s right there, it’s right in the open.”
Ashe’s cruiser had no dashcam and the officer was not wearing a body camera.
During the trial, jurors heard testimony from Elnicki, Ashe, and Misty Klementowski, another officer who responded to the scene. Exhibits presented included Klementowski’s dashcam footage, the Rutland Police radio log and photos of Elnicki’s truck.
Hart, the attorney representing Elnicki, turned and shook his head at the defense while presenting his final argument.
“The defense continues to berate Mr. Elnicki, saying he is here because of his own ego,” he said.
Elnicki was issued four civil traffic tickets after the incident for violations of speeding (driving 46 mph in a 35 mph zone); failure to obey an officer; operation on approach of law enforcement vehicle; and failure to have a license. The tickets, which totaled $869, were all dismissed on June 22, 2017.
Hart said that the location in the parking lot would not necessarily mean someone would notice the interaction, telling the jury that they can’t speculate on that.
“They have nothing else, they have to attack Mr. Elnicki’s integrity,” he said of the defense.
“Don’t fall for the red herrings, don’t fall for the little inconsistencies,” Hart told the jury. “Look at the big picture and use common sense.”
The jury was instructed by Judge Christina Reiss to consider the situation “through the eyes of a reasonable and cautious police officer on the scene.”
“A police officer is justified in using reasonable physical force upon another person when and to the extent that it is necessary to achieve a lawful duty,” she said. “A police officer is not justified in using physical force which exceeds the amount reasonably required.”
The jury was excused from the courtroom at noon and returned with a verdict in favor of Ashe and his employers at 1:30 p.m.
Calls to Shahi and Hart seeking comment on the verdict were not immediately returned Tuesday afternoon.
