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Posted: 12:21 a.m. Wednesday, Feb. 15, 2012
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By Eric Minor
WELLS TOWNSHIP, Ohio —
Explosive allegations emerged in a lawsuit filed Tuesday on behalf of a man left severely injured after an officer-involved incident that occured Christmas night in Wells Township, Ohio.
The suit, filed on behalf of James W. Coil, II of Brilliant, claims a Wells Township police officer was aggressive and violated Coil's civil rights during the incident, which ended with Coil and the officer being struck by a car on a dark street.
Family Service Association of Steubenville filed the complaint. The organization identified itself as guardian of Coil's person and estate.
The complaint alleges that Coil and his boyfriend, Barry Starcher, were being "affectionate" on a guardrail near a highway on-ramp at 10 p.m. the night of Christmas 2011.
The complaint claims Wells Township officer J.J. Kamerer stopped and asked the two men if anything was wrong. The complaint claims Kamerer demanded to see the mens' identification and that a confrontation escalated. According to the complaint, Coil ran, Kamerer used pepper spray and then handcuffed Coil face down on the road surface.
The complaint claims that as Kamerer approached Starcher, a car driven by Ronald J. Bradovich of Wheeling approached the road where Coil was handcuffed. Kamerer ran toward the car, the complaint says, and both Kamerer and Coil were struck. The car ran over Coil and the impact threw Kamerer between 15 and 20 feet. Kamerer suffered broken bones and Coil was left with severe brain damage and several broken bones. The complaint states that Coil is on a ventilator, unlikely to fully recover.
The complaint names Kamerer, claiming excessive force and reckless action; Wells Township Police Chief John Ingram, claiming the department failed to investigate the incident; and Bradovich, the driver who struck Kamerer and Coil.
The suit seeks punitive and compensatory damages and court costs. The document also alleges that Coil's constitutional rights were violated.
NEWS9 contacted all of the parties named in the complaint for a comment. All either declined to comment or did not immediately return messages left at their published telephone numbers.
Wells Township officers investigating the incident gave a much different account in the days following the incident.
Officer Sean Norman told NEWS9 Kamerer had stopped to offer assistance to Coil and Starcher and that the two men became combative when he asked to see their identification. Coil threw a prescription pill bottle at Kamerer as a form of identification, Norman said. The car struck Kamerer and Coil as the officer chased the men on Third Street, according to investigators.
Starcher was charged with obstructing official business and failing to disclose his personal identification. He initially pleaded no contest, but his attorney, University of Akron Law School professor Thomas Watkins, has withdrawn that plea and asked a judge to dismiss the case against Starcher. Watkins also suggested that he is considering filing a federal claim that his client's civil rights were violated.
Prosecutors have declined to comment on Starcher's case, other than to say they have no intention of dismissing it and that they won't try the case in the media.
Starcher is free on bond and is due back in court in April.
It is unclear from the complaint filed on Coil's behalf when or if the case will be heard in Eastern Division Court.
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