Court documents do not reveal the amount of the settlement in the case of Gladys Freeman, the administrator of the estate of Roger Anthony, who died on November of 2011, versus former Officer John P. Turner and the town of Scotland Neck.

Court documents do, however, confirm the decision to settle the matter was announced in a pretrial conference held with Magistrate Judge Robert B. Jones Jr. on April 28.

The pretrial conference came a day after Senior United States Judge James C. Fox ruled on whether to deny or uphold the defendant's motion on dismissing the case.

“This matter is before the court on the defendants’ motion for summary judgment,” Fox wrote. “The matter has been fully briefed and is ripe for ruling. For the reasons more fully stated herein, the motion is allowed in part and denied in part.”

Fox allowed the defendant's motions for dismissal as to claims against Turner in his official capacity; a second claim for relief against the town; a seventh claim for relief under state constitutional claims and an eighth claim for relief as to negligent hiring and supervision.

Fox ruled that the plaintiff’s negligence and gross negligence claims against Turner in his individual

capacity could proceed and ruled the officer used his stun gun in a manner that could, and indeed did, result in serious injury or death.

In the procedural and history portion of the order Fox wrote that the plaintiff alleged Anthony was subjected to excessive force by Turner and that his Constitutional rights to be free from excessive use of force and unreasonable seizure of his person were violated by Turner and the town.

The encounter

The order goes into detail on the November 21, 2011, encounter that led to the deployment of the Taser.

Ashley Scott was dropping Miguel Varona off at home after they had finished work.

While parked in front of Varona’s residence, the two men saw a man, later determined to be Anthony, riding a bike along the street in their direction.

According to Scott’s account, when Anthony got close to the car, he “suddenly seemed to lean back and fall off the bicycle.”

Anthony “didn’t appear to be drunk or look like he was sick and was riding the bicycle pretty good, best I could tell, he just went back and just hit the pavement.”

Scott did not see if Anthony hit his head, but strongly believed that he had not.

Scott also believed that Varona had a better view and Varona stated that Anthony’s foot got caught in the bicycle wheel, causing him to fall “forward on his hands and roll towards his left.”

Anthony then turned and lay face up with his hand on his head without moving.

After witnessing Anthony’s fall and dropping Varona off at home, Scott went to the Scotland Neck Police Department and reported what he had seen.

Captain Jesus Fernandez and Turner were outside and took Scott’s verbal report.

Turner offered to take the call, and Captain Fernandez gave him the keys to his patrol car and told him to take it.

Turner later wrote the following in his report of what happened when he found Anthony:

“Upon arrival of the scene, I observed a black male sitting on a bike on 10th St. Knowing the description and seeing only one black male on a bike, I then approached the subject (in) the patrol car. I then observed the black male start to fall over and had to use both legs to balance himself. I then pulled beside him and ask the man to stop. The subject (later to be determined as Mr. Roger Anthony) picked up speed and got in front of my patrol car. I then initiated the blue lights on my patrol car and sounded the siren several times. At this time, Mr. Anthony looked back at me while peddling and reached inside his right pocket. Mr. Anthony then took something out of his right pocket and put it in his mouth. I then pulled along side [sic] of Mr. Anthony again and stated to stop very loudly. Mr. Anthony looked at me and I could see he was chewing on something. I then exited the patrol car and ran behind Mr. Anthony and yelled stop several times. Mr. Anthony then raised up and started to peddle faster. At this time, I pulled my Taser out and yelled to Mr. Anthony to stop or I will 'tase' him. Mr. Anthony did not comply with this command. I then stated to him again that I would 'tase' him if he did not stop. Mr. Anthony continued to gain speed towards the intersection of 10th and Roanoke. I then deployed the Taser striking Mr. Anthony in the back causing his legs to straighten and (he) then fell to the ground. I then advised Mr. Anthony to stay on the ground or he would be 'tased' again.”

Shortly after Anthony fell to the ground, Officer Coley arrived and handcuffed Anthony’s arms behind his back.

Chief Williams and Captain Fernandez, having heard the initial portion of the matter over Turner’s open mic, then arrived at the scene. Because Anthony had just been “tased” and because he was not communicating normally, Chief Williams told Turner and the officers to take Anthony to the hospital.

When Anthony arrived at Our Community Hospital he was unconscious. After evaluation, and due to his critical condition, Anthony was transferred via life flight to Vidant/Pitt County Memorial Hospital. Doctors at Vidant consulted with Anthony’s family and advised them that surgical options would likely be futile. Life support was removed and Anthony passed away on November 22, 2011, the day after being “tased” by Turner.

Contradictions

Several officers contradicted Turner’s report that he sounded the siren.

“Chief of Police Williams stated that he never heard any car sirens that evening even though he was within a few blocks of where the incident occurred. Officer Coley, who arrived at the scene just after the 'tasing' occurred, and who had been en route during Turner’s encounter with Anthony, stated that he did not hear any sirens while en route. Neither did Captain Fernandez, who had given Turner the keys to his patrol car and who remained outside the entire time.”

As to the cause of Anthony’s injuries, Turner testified that he saw Anthony’s legs and shoulder hit the ground, but not his head.

However, later medical notes from various medical personnel, both on the life flight and at Vidant note that Anthony hit his head after being “tased.” The autopsy report also notes that, after being “tased,” Anthony “fell from his bike again, hit his head on the pavement, and became unresponsive.”

Turner resigned from the Scotland Neck Police Department in December of 2011 and was indicted for involuntary manslaughter. He pled guilty to a lesser charge pursuant to an Alford plea wherein he did not admit guilt.

Employment history

At the time, Turner had only been employed as a police officer with Scotland Neck for a little more than a month, having served before that as a police department secretary for a time.

Prior to working for Scotland Neck, Turner had been employed as a police officer for Nashville, North Carolina, from August 2008 until December 2010.

While employed with Nashville, Turner had a somewhat spotted record, the order notes.

On a 2010 evaluation, he was called “(too) aggressive and quick to judge.”

He received several warnings for his behavior, including two for tardiness, one for failure to attend mandatory firearms training, and one for disobeying orders not to chase a reckless driver on a four-wheeler.

On March 19, 2010, the Nashville Chief of Police referred Turner to the Employee Assistance Program, citing “declining job performance” and “bringing personal problems to work.”

As part of that recommendation, the chief wrote that “Officer Turner uses bad judgment in his actions and work performance.”

Shortly after, on December 9, 2010, while the Nashville Police Department was in the process of terminating Turner, he turned in his resignation.

The Report of Separation noted that the Nashville Police Department would not consider Turner for reappointment or for employment elsewhere as a criminal justice officer.

“Precarious situation”

“The evidence shows that the Taser manufacturer’s instruction manual explicitly warned that serious injury or death could result if the Taser were used on someone riding a bicycle. The plaintiff’s expert witness further confirmed and elaborated on this risk.”

In this case, Fox states, Anthony was in a precarious situation as he was riding on a bike, without a helmet, on a paved road. “Defendant Turner’s use of his Taser on Anthony constituted deadly force. Though Anthony was eluding arrest, he was not a danger to Defendant Turner or anyone else. Indeed, if any danger existed, it was only to Anthony himself, as reflected in Defendant Turner’s own statements. However, the court, viewing the evidence in the light most favorable to the plaintiff, has doubts regarding Defendant Turner’s concerns for Anthony’s apparent safety. The court does not use this case as one showing Anthony’s clearly established right to be free from this type of Taser use, but as one showing the application of the principles already enumerated.”

The judge disputes that Turner’s intent was to prevent Anthony from entering the intersection, because if it was, “Then he must have known that deploying his Taser would incapacitate Anthony. The only outcome would be that Anthony would fall from his bicycle. Given the court’s previous discussion concerning the risks associated with deploying a Taser on an individual riding a bicycle, Defendant Turner should have reasonably foreseen the substantial risk of serious injury or death. The only danger that existed was to Mr. Anthony, and the most severe danger that existed was exactly what occurred — deployment of a Taser causing Anthony to fall from his moving bicycle and, viewing the evidence in the light most favorable to the plaintiff, sustain a serious head injury leading to his death.”

Said Fox, “Here, the court finds that, when Defendant Turner used deadly force on Anthony, Anthony was not a danger to Defendant Turner or anyone else. Anthony’s right to be free of excessive force of this nature was clearly established on November 21, 2011.”

Fox wrote Turner knew that deploying his Taser would incapacitate Anthony, rendering him unable to operate his bicycle. “Thus, viewed in the light most favorable to the plaintiff, but also considering the perspective of a reasonable officer on the scene, Defendant Turner should have known that his use of the Taser on Anthony posed a substantial risk of serious injury or death. Furthermore, Anthony posed no serious threat to Defendant Turner or anyone else, save perhaps, himself. As previously discussed, the court finds Defendant Turner’s account of his pursuit of Anthony to be incongruous with his supposed concern for Anthony’s safety. Instead, the court finds that Defendant Turner most likely wanted to stop Anthony and was frustrated that he would not get off his bicycle. Defendant Turner violated Anthony’s right to be free of excessive force under the Fourth Amendment when he deployed his taser on Anthony, who was riding a bike with no helmet, and when Anthony posed no risk to Defendant Turner or others.”

Fox wrote there is evidence that could allow a jury to find that Turner intended to cause harm to Anthony when he deployed his Taser because it was unnecessary and because the officer knew that using a stun gun on Anthony would cause him to fall from his bicycle with a substantial risk of serious injury or death.

Evidence also establishes, the judge wrote, that a jury could find Turner failed to act in a reasonably prudent manner when he “tasered” Anthony. “This creates a genuine issue of material fact as to the plaintiff’s claim against Defendant Turner for negligence. Moreover, as the court explained in its analysis on Officer Turner’s entitlement to public official immunity, a jury could find that Officer Turner’s 'tasing' of Plaintiff was done with a conscious disregard of the safety of Plaintiff. Accordingly, there is sufficient evidence to support the plaintiff’s gross negligence claim.”