Centralia rejects excessive force claim against officers

By Sharyn L. Decker
Lewis County Sirens news reporter

A Centralia man has made a claim of excessive force against three Centralia police officers, from an incident in which he says they unnecessarily forced him to the ground, pinned him there and then kneed and hit him several times while contending he was resisting.

Steven Radick, 58 at the time, was hospitalized and suffered injuries to his face and chest as well as a knee sprain and back strain, according to his attorney.

Radick filed a claim for damages with the city of Centralia earlier this month in the amount of $25,000, asking to be compensated for the injuries and medical expenses.

The city’s insurer denied the tort claim within days, stating the officers’ actions were appropriate, given Radick’s behavior as police tried to secure him.

The events took place a year and a half ago, when police were called to an apartment complex on South Silver Street regarding a dispute between neighbors.

Chehalis lawyer Jacob Clark wrote in the claim his description of what happened, based on police reports and phone interviews with two of the officers.

Clark relates that police showed up on Nov. 12, 2013 but didn’t arrest anyone after his client got into an argument with a neighbor, who struck him in the eye. Thirty minutes later, police returned because the neighbor claimed his electricity had been shut off, according to Clark.

The Centralia Police Department at the time said Radick was intoxicated.

Sgt. Carl Buster stated that as he was questioning Radick, Radick hit him with the back of his hand on the chest plate, and he stepped back, and Clark writes that the sergeant yelled, “Hey, you can’t touch me,” and grabbed Radick’s arm.

Officers William Phipps and Phillip Weismiller ran over, and Phipps told Clark he grabbed by Radick the neck, forcing him onto the ground, and then put his right knee on Radick’s back and his left knee on Radick’s neck, with Weismiller securing his legs, according to Clark.

They could not get Radick’s hands out from under his chest, so Phipps said he threw several punches to his left shoulder, Clark wrote.

Phipps was telling him, you’re under arrest, stop resisting, Clark states.

“Strikes were landed on Mr. Radick by multiple officers, which led to Mr. Radick being handcuffed,” he wrote.

Clark states his client did not resist, that he had put his hands down to cushion his fall so they were underneath his body, and he could not remove them because he was pinned.

Radick was arrested for third-degree assault and subsequently pleaded guilty to fourth-degree assault.

Outgoing Centralia Police Chief Bob Berg offered statistics on his department’s use of force in his March newsletter to the community.

According to Berg, last year force was used by officers on 96 occasions, with 15 of those resulting in some form of injury, 12 of those being relatively minor. More than half the time it was “physical force” with display of a firearm the next most used, according to Berg’s chart.

The claim was received by the city of Centralia on May 12.

Clark lists hospital diagnoses of open cheek wound, facial contusion, chest wall contusion, lumbar strain and right knee strain.

On May 15, the city’s representative – Washington Cities Insurance Authority – denied the claim, stating Radick resisted attempts to take him into custody and officers used reasonable force.

Senior Adjuster Gordy Van, of WCIA, wrote that Radick was so intoxicated that at the hospital he had to be watched for alcohol withdrawal.

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13 Responses to “Centralia rejects excessive force claim against officers”

  1. BobbyinLC says:

    Bo Rupert says”….Will Phipps and Carl Buster are outstanding cops…

    I have to commend you since you do have an agenda with the CPD and yet you can recognize if officers are doing a good job or not. Good observation here Bo.

  2. Free Air says:

    Good Grief says:

    …Perhaps comparing this situation to Nazi Germany is over the top…

    Its’ not called “over the top”; It’s called Perverse.
    A perceived injustice by a handful of Cops, dispersed across this nation in different departments cannot be compared to the slaughter of millions of men, women and children under NAZI controlled Germany.

    Organized mass murder cannot be, nor should ever be compared to a drunk getting thumped after he backhands a cop. To do so cheapens beyond words the suffering of mothers who held their children tightly as the gas chambers sucked away the life from them.

    Are there Cops who make mistakes, or jump too fast when confronted by an aggressive citizen? Of course. Show me the perfect dentist, farmer, teacher, coach, manager, etc. There are none. The only difference is they don’t make the news when they make a mistake under stressful situations. Making mistakes are just being the flawed human we all are.

    I’m betting that the next time I get pulled over for something the odds are if I’m polite, don’t attack the cop, pull a weapon, run them over with my car, or so some other incredibly stupid stunt I’ll be just fine. I may get a ticket but not beaten and hauled off to a gas chamber along with the rest of my family.

    Go to Auschwitz or any of the other NAZI gas chambers and look at the deep claw marks left by human hands as people from all ages were trying to claw their way out through cement and you’ll see just how sick Your comparison is sick. End of Rant.

  3. Ron Green says:

    “Privileged white male” is not a term that applies here. Maybe, Good Grief, if more people looked at others who are different not as victims but as people responsible for their actions we would get past some of the crap going on now. It doesn’t matter if you have one or 50 contacts with law enforcement, you act like an ass you may well get treated as such.

  4. Good Grief says:

    Ron Green – you wouldn’t be a privileged white male, now, would you? So you really cannot say that it was your “good behavior” that kept you out of trouble with police. Plenty of “good ol’ boys” are treated differently when they are stopped for minor traffic infractions. Have you never had even one? How about the idea that black males are stopped something like 22 times more often than white? And treated differently during the stop? At what point do you say, I am not going to do this! What was that poem by Pastor Niemöller?

    First they came for the Socialists, and I did not speak out—
    Because I was not a Socialist.

    Then they came for the Trade Unionists, and I did not speak out—
    Because I was not a Trade Unionist.

    Then they came for the Jews, and I did not speak out—
    Because I was not a Jew.

    Then they came for me—and there was no one left to speak for me.

    Perhaps comparing this situation to Nazi Germany is over the top, but how did Nazi Germany happen? It happened because of complacency and by ignoring those who wielded power.

  5. Ron Green says:

    It’s really simple people, don’t put yourself in a position to be contacted by the police, it’s that easy. If you are stopped by a cop just keep you hands in sight and your mouth shut, there’s nothing more to it that that. Try respect, I’ve followed this advice (thanks Dad) for all my 35 adult years and have had zero trouble when I’ve been detained. Stop whining and take responsibility for your actions.

  6. The Sleeping Giant says:

    Now that i have given this more thought the police should have told the man to turn around and say that your under arrest. If the officer would of used communication instead of violence this could of been prevented. Theres going to be a time when the police are going to need the publics help and its going to be to late. Lets do the right thing here in Centralia. Body cameras and dash cameras as a standard in policing. You are are servants police remember who you work for.

  7. GoodGrief says:

    Hey, Bill S and BleeBlue – what limits do YOU see should be on cops? Should they be able to “punish” as part of their duties? Is it ok to shoot shoplifters… ever? Do you think they should demand our papers (show id) the way they did in Nazi Germany? Where ARE the limits? When would YOU complain? “Don’t break the law and you won’t have a problem” is just not true – look to the troubles in other states. Some drawn to “police work” are into power and control, not civic duty. Even in Centralia where a download of taser records showed that one officer was using the taser as a torture weapon, and he did it a lot, and here’s the kicker – his coworkers knew it. At what point do we say STOP IT!? Or do you really agree with those methods?

  8. The Sleeping Giant says:

    Looks like the same trolls once again defending a department with no body cameras or dash cameras. I would like to trust todays police but the corruption is like a cancer eating at the core of the community. Hell the city hall cant even rent the parking lot anymore they used to have. The reason is because the owner hates them with a passion. Demand all police have body cameras or take that police report and wipe your A$$ with it your honor. Even Bo Ruperts buddy Green was attacked assaulted in the Pierce County Court House. Good thing that camera was. On. In the future we will look back on the polices actions and wonder why they didnt have cameras sooner.

  9. Bill S says:

    Typical lowlife behavior. You get drunk and fight with the neighbor. The cops show up and you push one of them. Then you end up on the ground and seriously thumped by the cops and thrown in jail. Problem solved until the next time you get drunk and belligerent.

    At 58 years old this guy should have learned something, but he is just another wasted human life. At least have learned not to fight with the cops – they are going to win.

    Just another failed life who’s a burden to society and the Lewis County taxpayer.

  10. BleeBloo says:

    ooh, poor widdle me, the cops were mean to me, boo hoo hoo, the cops gave me an ouchie, me wantee twenty five grand

  11. The Sleeping Giant says:

    When does Centralia enter the 21st Century, body cameras and dash cameras please. Theres enough dirty cop videos to spend a week watching on youtube. Until then police officers are just thugs in a costume.

  12. Good Grief says:

    This is the same department that didn’t seem to want to sanction a cop for using his taser on citizens for giggles and grins. Administrators and union reps have got to understand when they hide and lie behind the blue line, they take away credibility from ALL the rest. If they actually hold their own responsible, citizens may not question the veracity of their statements – like the ones here stating he was resisting.

  13. Bo Rupert says:

    I will say that weismiller is the typre of cop that would do something like this. Will Phipps and Carl Buster are outstanding cops from what I have seen.