A Joplin man who pleaded guilty October 22 to a resisting arrest charge is suing the Joplin Police Department for assault and battery in connection with the events that led to the arrest and put him in critical condition in a local hospital.
Scott Peggram, 37, who is currently awaiting trial for tampering with a motor vehicle in the first degree, filed the lawsuit August 24 in Jasper County Circuit Court.
The circumstances that led to the officer-involved shooting are spelled out in the petition, including Peggram's hitting two police cars with his vehicle.
Officer Flener ran a license check on the Honda Pilot and the vehicle came back as stolen and noticed that there was a white male sleeping in the driver’s seat. Officer Flener spoke with a nearby resident who identified the white male in the Honda Pilot as Scott Peggram.
Officer Flener ran a computer check on Scott Peggram which revealed that he had multiple outstanding warrants. Multiple Joplin Police Department police officers arrived on scene per Officer Flener’s request.
Once Defendant officers were on scene, several Defendant officers approached the gray Honda Pilot, looked inside the vehicle, shined a flashlight in the vehicle but never attempted to wake Plaintiff.
Defendant officers blocked the Plaintiff vehicle by parking one patrol car vehicle directly in front of the Plaintiff vehicle and another directly behind the Plaintiff vehicle in order to prevent Plaintiff from fleeing.
Defendant officer placed stop sticks around the back driver’s side tire of the Plaintiff vehicle in order to prevent Plaintiff from fleeing. Plaintiff remained asleep throughout all steps that Defendants took to prevent him from fleeing.
Defendant officers positioned themselves around the Plaintiff vehicle and gave commands over their PA system. Plaintiff wakes up and sits there for a little over a minute before placing the vehicle in reverse and then drive. Plaintiff attempts to reverse and drive forward multiple times. In doing so, he strikes the patrol cars directly in front of and behind his vehicle.
Defendant officer fired beanbag rounds at the driver side window of the Plaintiff vehicle which ricocheted off the window. Defendant officers opened fire on Plaintiff. Plaintiff remained seated in the driver’s seat of the vehicle. Plaintiff did not point a weapon at any officer.
Plaintiff was shot six times to his upper back and left shoulder area. One of these rounds bounced off of his shoulder and a fragment went into the base of his right neck under his skull. Another bullet or bullet fragment bounced off his skull causing a depressed skull fracture.
Even as Defendant officers could tell Plaintiff had been shot multiple times and posed no risk to the Defendant offers or anyone else, he was pulled out of the vehicle, thrown to the ground, and violently placed under arrest.
This entire incident is captured on video.
The lawsuit claims Peggram has suffered permanent injuries including the following:
b. Open left clavicle fracture;
c. Open left scapular fracture;
d. Left pulmonary contusion,
e. Injury to left brachial plexus;
f. Skull fracture to the left frontal parietal region;
g. Subarachnoid hemorrhage and cerebral contusion;
h. Severe pain;
i. Psychological fear and trauma;
j. Emotional and mental anguish;
k. Post-Traumatic Stress Disorder
Listed as defendants in the lawsuit are the Joplin Police Department, Officer John Isenmann, Officer Benjmain Eckels and Officer Chandler Connell.
Peggram, who is asking for a jury trial, is represented by Thomas J. Porto of the Popham Law Firm in Kansas City and Spencer J. Webster of Webster Law LLC in Kansas City.
9 comments:
Plaintiff clearly didn't get enough finding out when he attepted to flee police, so he is now exercising his rights to find out more.
Hopefully the attorney got paid up front, either way it's time to find out some more.
Such a waste of time and resources. He was ordered out of the car multiple times. He had been given numerous chances and instructions to exit the vehicle. There were many witness watching this. Here we have a guilty criminal trying to take advantage of todays soft judicial system.
The facts claimed by the plaintiff don't support the use of lethal force against him. I suspect the police have additional claims, most likely his making a move consistent with reaching for a weapon. Everything they did according to him prior to starting to shoot real bullets is completely by the book.
He's expectng to get paid while his brain is still stuck trying to comprehend it's own stupidity.
Wow, seated in a car, blocked by vehicles, and you shoot him six times?
He had a right to go to jail for his warrants etc and may have been found guilty? Six times while trapped in a car is hard to understand. Let’s use that force on the corrupt politicians and Supreme Court crooks and maybe that shit will cease. Much bigger pieces of crap sucking us all to death with zero consequences.
This guy is a repeat punk offender. This was entirely his own fault. All he had to do is comply with the officers request and he would've never been shot. Not sure when these morons will learn that they need to obey the law. His grandmother Louise would be ashamed of his behavior.
As a tax paying, law abiding citizen of Joplin, I approve the methods used by local law enforcement, to uphold the laws in our community. The use of force should be "whatever it takes" to keep the criminal element under control. I'm tired of the criminals being treated as victims. Follow the law and you will have no problems.
12:31, A car driven at a person is considered a violent threat and warrants deadly force. If this convicted felon decides to ram police cars and drive toward an officer then he has no regard for human life. If he was to drive away after that encounter and hurt or kill an innocent person then you would be calling for the police officers not to be doing their job.
Shame on you for throwing Grandma's name under the bus. Is he a child molester? Murderer? So give the cops the power to be judge, jury, and executioner? HE WAS NOT ARMED. Are you fully awake when you wake up? Put yourself in his shoes... not saying what he did is OK but to be unarmed and shot 6 times is ridiculous!
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