DILLONVALE, Ohio -- An attorney for a man who was charged in an officer-involved incident in Wells Township alleged a violation of his client's civil rights.

Thomas Watkins said he thinks charges should be dismissed against his client, Barry Starcher. He said he expected Starcher would file a lawsuit alleging a violation of his civil rights during an incident on Christmas that involved another man, James Coil, and Wells Township Police Officer J. J. Kammerer.

"The officer stopped and inquired if he needed help. They said, 'No,' and then he asked for their names. They said 'We don't have to give them,' which is correct. He doesn't have to. He wasn't involved in any criminal activity," said Watkins. "The stop was over. Then the police officer began to harass them and verbally assault them, ended up handcuffing one of them in the middle of the road and leaving him to be run over by a car. He's going to a rehab center this week for a brain injury. He's been in a coma, a very severe traumatic thing. And they also handcuffed my client and Maced him and put him on the ground and put his knee in his back. He sat in jail for three days for a crime he hadn't done. There was no crime."

Judge David Scarpone granted a motion Wednesday to withdraw Starcher's initial no contest plea. A pretrial hearing was scheduled for April 4.

"I think that it probably was not an intentional act on the part of the officer," said Watkins. "I think he probably thought he could do what he did, but the Constitution has perimeters that we have to follow."

"We are not going to try this case in the media. We will try this case on the law on its merits," said Assistant Prosecuting Attorney Jeff Bruzzese. "We have no intention on dismissing this case."