AZ Central – by Uriel J. Garcia
A federal civil trial against a Phoenix police officer was scheduled to begin Tuesday in which a jury will determine if the officer’s use of force against a 56-year-old woman, who suffered four fractures to her skull, was excessive and violated her civil rights.
The woman, Martha Winkler, now 61, claimed in a lawsuit against the city of Phoenix that she suffered a fractured skull and injuries to her face and arm because of Officer Jason Gillespie’s actions.
She has asked that a jury award her an unspecified amount of damages and attorney fees.
The officer, who still works with the department in the patrol unit, has claimed that Winkler was combative and uncooperative, according to his police report.
The trial will take place before Judge Douglas Rayes in the U.S. District Court of Arizona in Phoenix.
Winkler: Officer twisted my arms
The case stems from a July 16, 2014 incident in which Winkler had planned to pick up $3 worth of lottery tickets from a Circle K on the corner of Bethany Home Road and Seventh Street. Winkler said the store clerk mixed up her order, and the confusion escalated into a confrontation when she refused to pay for the mistake.
“After thinking that the store clerks were taking advantage of their customers Martha (Winkler) attempted to speak with a manager,” according to the lawsuit, which was filed by her lawyers in July 2015. “The off-site manager refused to help Martha so she called 911 for assistance. Martha waited for an hour for police assistance.”
Gillespie responded. Winkler said, according to the lawsuit, that an already incensed Gillespie shouted at her, “What’s this about?” and spent about two minutes inside before he left the store.
When he came back out of the store he yelled at her for calling 911, she said. Winkler asked that Gillespie contact his supervisor but he refused, the lawsuit says.
“Without any notice Officer Gillespie grabbed Martha (Winkler) and violently twisted her arms behind her back,” the lawsuit says. “Martha’s last memory is of Officer Gillespie pushing her forward.”
Winkler woke up in the hospital with four different fractures to her skull and bleeding in the brain, the lawsuit says.
Winkler’s lawyers didn’t respond to an email from The Arizona Republic seeking comment.
According to Phoenix municipal court records, Winkler was charged with trespassing but the charge later was dropped.
Gillespie: Woman did not comply with orders
Sgt. Vince Lewis, a Phoenix police spokesman, said the department doesn’t comment on pending lawsuits. But he referred The Republic to court documents.
According to a December 2015 response to the lawsuit filed in federal court by defense lawyers, Phoenix officials asked for a jury trial or that the case be dismissed. They also say that any injuries Winkler suffered were her fault for not cooperating with Gillespie.
“There existed no conduct by Defendants that was driven by evil motive or intent, nor conduct that was reckless or callously indifferent to Plaintiff’s constitutional rights, thereby precluding recovery of punitive or exemplary damages,” the response says.
Gillespie said when he attempted to place Winkler under arrest and grabbed her right wrist, she began to scream and pull away.
The officer said he then tried to grab her left wrist, but said Winkler began twisting her body, forcing him to adjust his balance several times.
During the struggle, he said, several vehicles passed close by, and Gillespie swung her to his right side to avoid being struck.
“Martha had lost her balance and fell in the parking lot, striking her head on the asphalt,” he wrote.
Uriel Garcia covers public-safety issues in Arizona. Reach him at uriel.garcia@azcentral.com. Follow him on Twitter @ujohnnyg.
“The off-site manager refused to help Martha so she called 911 for assistance. Martha waited for an hour for police assistance.”
911? Waited an hour?
High priority, obviously… so, what was the outcome?
“Martha’s last memory is of Officer Gillespie pushing her forward.”
Winkler woke up in the hospital with four different fractures to her skull and bleeding in the brain, the lawsuit says.”
Never, EVER CALL 911.
This one was lucky… at least she survived (worse for the wear & tear) the encounter.
Many don’t.
” Now, civil trial begins for Phoenix officer”
A “CIVIL’ TRIAL FOR A CRIMINAL ACT?
ONLY IN THE ADMIRALTY……………………