HIXON091107

Force was excessive, ex-police chief testifies in brutality case

Tony Bouza testified for Al Hixon, who is suing two Golden Valley officers, claiming his civil rights were violated when he was subdued with a chemical irritant.

By Pat Pheifer, Star Tribune

Last update: September 10, 2007 - 11:18 PM

Former Minneapolis Police Chief Tony Bouza was unequivocal on Monday in U.S. District Court. "The force used in this case was excessive, unnecessary and constituted police brutality," he said.

Bouza testified as an expert witness on behalf of Al Hixon, who is suing the city of Golden Valley and two of its police officers over an incident on April 2, 2005.

Hixon is seeking damages in excess of $75,000, alleging that his civil rights were violated by excessive force, battery and assault.

Everyone agrees that Hixon was in the wrong place at the wrong time. He had just taken his Jaguar out of winter storage and pulled into a Sinclair gas station near his home to fill it up and get some fresh oil.

Unbeknownst to him, a U.S. Bank branch inside a nearby Byerly's grocery store had been robbed. Officers swarmed the gas station on the heels of possible suspects. They saw Hixon allegedly trying to run and captured him.

The next thing Hixon knew, he was on the ground, handcuffed and had been sprayed in the eyes and nose with a chemical irritant. He suffers from post-traumatic stress disorder and is a changed man as a result of the ordeal, he said in testimony Friday.

Bouza, chief of the Minneapolis force from 1980 to 1988, spent about an hour on the witness stand Monday, mostly answering questions about the use of pepper spray.

Is it ever acceptable to spray a compliant subject? Hixon's attorney Anthony Edwards asked.

"Never," Bouza replied.

Under questioning from defense attorney Jon Iverson, Bouza said he had no problems with officers using pepper spray to overcome resistance. But he insisted that it be "active resistance" rather than "passive resistance." And he classified Hixon's actions during the incident as passive resistance. Police said Hixon initially refused officers' demands that he stop; he also initially refused to put one arm behind his back to be handcuffed.

Iverson pointed out to Bouza that during his last three years as chief in Minneapolis, there were 190 complaints of excessive force and Bouza sustained only two.

Bouza said he always gives police officers the benefit of the doubt.

"In every case, force was used by the police and I found that the force used was justified," he said. "If it was in doubt, I would resolve it in favor of the police. That has been my lifelong practice and that continues to this day. I would only testify that police used excessive force in an exceptional case."

The case may go to the jury as soon as this afternoon.

Pat Pheifer • 651-298-1551

Pat Pheifer • ppheifer@startribune.com