CT Appellate Court upholds decision to reinstate sergeant fired in 2021 over alleged excessive force

Yahoo

4 days ago

A Torrington police sergeant fired in 2021 after an independent investigation found that he violated department policy when he allegedly used excessive force toward a handcuffed suspect is expected to return to the department soon after the Connecticut Supreme Court rejected an arbitration appeal.
Gerald Peters was terminated from the Torrington Police Department after video showed that he pepper sprayed a suspect handcuffed in a wheelchair and took him to the ground at the police station on May 23, 2020, according to previous reports. The suspect, Christopher Spetland, was allegedly intoxicated and uncooperative with police so he was placed in a wheelchair so officers would not have to drag him, police said at the time.
Spetland had been arrested and charged with third-degree assault and violating the governor's mandate on coronavirus precautions, according to the police report. He had allegedly assaulted a customer at a Valero gas station after the individual told him to keep his distance because Spetland was not wearing a mask, police said. Police claimed that he struggled with officers during the arrest and landed a kick on one officer.
Once Spetland was brought to the department, Peters, the sergeant on duty, used pepper spray on him as his hands were handcuffed behind his back in a wheelchair, according to police. He then brought Spetland to the ground and allegedly told him 'We've had enough,' according to reports.
'Are ya done yet? Are ya done yet?' Peters then shouted. 'Are ya done with the kicking and the fighting with the officers? Are ya done yet? Are ya finished? You're gonna go in the cell, you're gonna relax and then you'll be treated like a gentleman, after you knock it off.'
According to police, Spetland did not suffer any significant injuries, but the shift commander at the time found that Peters violated department policy and an internal investigation was launched. An independent investigation, conducted by the Southington-based Daigle Law Group, concluded that Peters violated the department policy on use of force.
Torrington Police Chief William R. Baldwin, Jr. announced in May 2021 that Peters had been terminated from the department. Peters started his career in law enforcement in 1992, when he served as an officer in East Granby before coming to Torrington.
According to his attorney, Hartford-based lawyer Timothy Brignole, Peters brought the matter before the State Board of Mediation and Arbitration. He was successful in overturning his termination and was reinstated with full back pay, benefits and reimbursed health benefit costs. Torrington city officials appealed the arbitration decision to the Superior Court in Torrington, where a judge set aside the arbitrator's decision and ordered that a new arbitration take place, Brignole said.
The judge's action was appealed by Peters and brought before the state Appellate Court, which overturned the Superior Court decision and issued an opinion suggesting Peters' use of force was 'objectively reasonable.' Earlier this month, Torrington officials appealed the Appellate Court decision to the Connecticut Supreme Court, which was denied, according to Brignole.
'The matter is now set down for a hearing back in the Torrington Superior Court to confirm the arbitration decision and award damages due Sgt. Peters,' Brignole said in a statement.
'It is anticipated that Sgt. Peters will be returning to the Torrington Police Department as a full member of the police department in the very near future,' Brignole added.
A lawsuit brought by Peters against the city remains pending in federal court. The civil lawsuit, which is seeking $100 million, makes allegations of wrongful termination, defamation and a violation of his civil rights.
Baldwin did not immediately respond to an email on Friday seeking comment.