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Tasing victim beats resisting arrest charge
Hung jury on possession, obstruction
By Jamie Larson
HUDSON — A Hudson man who was Tased by a Hudson Police Department sergeant in 2006 was found not guilty of resisting arrest Friday in City Court. On two other counts in the case of Lehone Karcher, seventh-degree criminal possession and obstructing governmental administration, the jury was unable to reach a decision.
Karcher’s attorney, Michael Howard, said he believed the Tasing played a part in the jury’s decision.
“There was concern among the jurors as to how and why the Taser was utilized,” he said.
On Aug. 25, 2006, police were called to the Hudson Amtrak train station by an employee who reported a man and woman acting suspicious and entering their respective rest rooms.
Sgt. Randy Clarke responded to the call and entered the men’s room. According to testimony, Clarke observed Karcher’s legs under the stall door, sitting, with his pants up.
Clarke allegedly then peered through a crack between the door and partition of the stall and saw the man, who at the time he did not recognize, preparing to inject himself with a syringe. Clarke identified himself as a police sergeant and witnessed Karcher quickly stand up, turn around and flush the syringe down the toilet, according to testimony.
Clarke testified Friday that at this point Karcher did not comply with commands and was rooting around in his pockets. To make sure Karcher was not reaching for other drugs to dispose of, or a weapon, Clarke reached his Taser over the stall door and Tased Karcher for a five-second interval, sending him to the floor.
Necessity for the use of force was discussed in court Friday but will be the subject of its own civil trial at a later date. Howard said that Clarke did not have to use the Taser and could have used a key or coin to open the safety latch for the lock on the outside of the door instead of resorting to force.
Clarke, who teaches Taser use to police recruits, said the encounter happened so fast that he didn’t notice the latch, and if he had he may not have had time to open the door that way.
Clarke then allegedly forced the door open with his baton and took control of Karcher, at which point he and Karcher realized they knew each other.
Both men graduated in the same 65-student class from Germantown High School. Clarke noted on the stand that they had even been friends.
After being taken into police custody, Clarke found three pills in the back of his squad car. After tests were run on the pills it was determined they were Ritulin.
Judge Richard Koweek will schedule a conference in the coming weeks to determine the next step.
John Mason contributed to this article.
By Jamie Larson
HUDSON — A Hudson man who was Tased by a Hudson Police Department sergeant in 2006 was found not guilty of resisting arrest Friday in City Court. On two other counts in the case of Lehone Karcher, seventh-degree criminal possession and obstructing governmental administration, the jury was unable to reach a decision.
Karcher’s attorney, Michael Howard, said he believed the Tasing played a part in the jury’s decision.
“There was concern among the jurors as to how and why the Taser was utilized,” he said.
On Aug. 25, 2006, police were called to the Hudson Amtrak train station by an employee who reported a man and woman acting suspicious and entering their respective rest rooms.
Sgt. Randy Clarke responded to the call and entered the men’s room. According to testimony, Clarke observed Karcher’s legs under the stall door, sitting, with his pants up.
Clarke allegedly then peered through a crack between the door and partition of the stall and saw the man, who at the time he did not recognize, preparing to inject himself with a syringe. Clarke identified himself as a police sergeant and witnessed Karcher quickly stand up, turn around and flush the syringe down the toilet, according to testimony.
Clarke testified Friday that at this point Karcher did not comply with commands and was rooting around in his pockets. To make sure Karcher was not reaching for other drugs to dispose of, or a weapon, Clarke reached his Taser over the stall door and Tased Karcher for a five-second interval, sending him to the floor.
Necessity for the use of force was discussed in court Friday but will be the subject of its own civil trial at a later date. Howard said that Clarke did not have to use the Taser and could have used a key or coin to open the safety latch for the lock on the outside of the door instead of resorting to force.
Clarke, who teaches Taser use to police recruits, said the encounter happened so fast that he didn’t notice the latch, and if he had he may not have had time to open the door that way.
Clarke then allegedly forced the door open with his baton and took control of Karcher, at which point he and Karcher realized they knew each other.
Both men graduated in the same 65-student class from Germantown High School. Clarke noted on the stand that they had even been friends.
After being taken into police custody, Clarke found three pills in the back of his squad car. After tests were run on the pills it was determined they were Ritulin.
Judge Richard Koweek will schedule a conference in the coming weeks to determine the next step.
John Mason contributed to this article.
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