The family of a Scotland Neck man is going through the federal court system, demanding a jury trial, to determine whether one of the town’s police officers killed their loved one by wrongfully deploying a Taser on him in November of 2011.

The 19-page civil suit against former officer John P. Turner and the town of Scotland Neck seeks damages after the victim Roger Anthony’s rights under the United States Constitution were allegedly deprived.

The civil action is also brought under North Carolina law for the torts of assault, battery and negligence, according to a copy of the suit filed last week in the North Carolina Eastern District court.

The suit seeks redress and damages under North Carolina law for the unreasonable seizure of Anthony, excessive use of force and wrongful death.

The action seeks compensatory and punitive damages for the alleged wrongful death of Anthony because of negligence, gross negligence, unconstitutional conduct, willful and wanton misconduct and the otherwise wrongful and unlawful conduct of the defendants when Turner, “assaulted and battered Mr. Anthony and violated Mr. Anthony’s constitutional right to be free from excessive use of force.”

The suit explains that Anthony had just turned 61 less than a month before his death and the action was filed on behalf of Gladys M. Freeman, the administrator of Anthony’s estate.

“Defendant Turner acted in an intentional, malicious or corrupt manner in his dealings with Mr. Anthony and therefore Defendant Turner is individually liable for the violation of Mr. Anthony’s rights,” the civil action says. “Defendant Turner is sued in his individual and official capacity as an officer with the Scotland Neck Police Department.”

November 21, 2011

The lawsuit focuses on November 21, 2011, the day Anthony was killed.

Turner had only been working for the department a short time and was in his probationary training period and was to be supervised by an experienced officer during the this time. Officer Jesus Fernandez was Turner’s training officer.

“Mr. Anthony was well known in the Scotland Neck area by residents and police officers and he was frequently seen riding his bicycle through the town of Scotland Neck,” according to the suit.

On the day of his death Anthony rode to the EP Mart on Main Street for a cup of coffee.

During this time Scotland Neck 911 Dispatch received a call a black male had fallen off his bike near the BB&T bank.

“Officer Fernandez, who was the officer charged with supervising Defendant Turner, allowed Defendant Turner to handle the response to this call on his own,” according to the suit.

Turner responded to the call almost immediately and, upon approaching Tenth Street, observed a man later identified as Anthony sitting on a bicycle in no apparent distress.

“Upon seeing Mr. Anthony, Defendant Turner pulled beside him in his police vehicle,” the suit says. “Upon approaching Mr. Anthony in his patrol car, Defendant Turner asked Mr. Anthony to stop.”

Taser shooting

Anthony continued riding and pulled in front of Turner so the officer was driving directly behind him. “When Mr. Anthony did not stop, Defendant Turner pulled out his Taser X26 weapon and yelled at Mr. Anthony to stop or he will be tasered,” the lawsuit states. “While Mr. Anthony was pedaling his bicycle toward the intersection of Tenth Street and Roanoke Street, Defendant Turner deployed his Taser X26 weapon, striking Mr. Anthony in the back with the … prongs and continuously shocked Mr. Anthony with the Taser … multiple times.”

The shock from the Taser, according to the suit, caused Anthony’s leg to straighten and his body to go rigid. He was unable to remain upright on his bike and fell to the ground, hitting his head on the road.

“The force of the fall caused Mr. Anthony injuries, which ultimately resulted in death.”

Anthony was not armed and did not have drugs or alcohol on him, nor had he consumed or ingested any drugs or alcohol, the suit says. “Defendant Turner attempted to stop Mr. Anthony without reasonable and articulable suspicion of criminal activity in violation of the Fourth Amendment to the United States Constitution.

“At the time of the incident, Mr. Anthony did not pose a danger or threat to Defendant Turner or the general public, nor did Mr. Anthony make any threatening gestures to Defendant Turner or any person. The deadly force used by Defendant Turner on Mr. Anthony was unreasonable, excessive and without lawful justification or excuse.”

Direct and proximate result

The lawsuit continues, that Turner’s actions were substantially certain to kill or seriously maim Anthony and that the victim was shot at least one or more times in violation of his Fourth Amendment rights.

“As a direct and proximate result of Defendant Turner’s actions … Mr. Anthony suffered painful injuries, including but not limited to, a fractured neck, and subdural, subarachnoid and intraparenchymal hemorrhages that resulted in his death.”

Says the suit, “As a direct and proximate result of Defendant Turner’s actions … plaintiff has incurred medical and funeral expenses … and Mr. Anthony’s surviving family have lost a source of support, love, family and friendship.”