CHEYENNE - A state trooper who recently settled a lawsuit for alleged excessive force in 2005 is the same trooper accused of mistreating an inmate at the Platte County jail last June.

Trooper Justin Minard, 34, last month agreed to pay $15,000 to a man he handcuffed, pepper sprayed and allegedly struck in the face with a collapsible baton during a drunken-driving stop.

Last December, Minard was charged with two felonies, two misdemeanors and placed on administrative leave after a physical altercation involving a restrained female inmate at the Platte County jail. The charges were later dropped.

In addition, court records show that Minard received four prior complaints about his "attitude," and that Wyoming Highway Patrol Capt. Willie Price as early as 2002 concluded: "I think it might be time for a little attitude adjustment."

The excessive force lawsuit also alleged that Minard had previously "been accused of using objectively unreasonable force when arresting or otherwise dealing with those accused of crimes or during other encounters with citizens…"

Highway Patrol officials declined to comment on the allegations. Lt. Col. Jess Oyler said confidentially rules prevent them from speaking publicly about personnel matters.

But top Highway Patrol officials continue to stand behind Minard, a Wheatland resident and eight-year veteran of the agency.

Powell testified during a sworn deposition that all of Minard's actions during the 2005 DUI arrest were "in accordance with the Wyoming Highway Patrol's policy, procedures, customs."

"We have to use whatever force necessary to be able to subdue and bring these individuals back into compliance," said Oyler, speaking in general terms about acceptable Highway Patrol practices, not about the Minard case in particular.

Similarly, the Highway Patrol reinstated Minard to duty almost immediately after the charges related to the Platte County jail case were dropped.

However, Highway Patrol Col. Sam Powell is quoted as saying in court documents that: "In all honesty, I think that there are times that Justin (Minard) verbally expresses himself maybe not as eloquently or diplomatically as - as he should."

Minard did not respond to requests for comment for this story.

Two views of incident

The recent judgment against Minard stemmed from a 2005 traffic stop in which Minard pulled over Wheatland resident Layne Weber's Ford pickup on suspicion of drunken driving.

The following account of that incident is based on statements made by both Minard and Weber in U.S. District Court documents. Part of the confrontation was captured on video.

While initially cordial, the exchange became physical after Minard informed Weber he was under arrest for drunken driving and put him in handcuffs.

Weber had failed a field sobriety test. A breath test measured his blood-alcohol content at .128 percent - well above the legal limit of .08 percent. He was eventually convicted of drunken driving.

The confrontation escalated when Minard perceived that Weber, a former standout high school wrestler in 2001, tried to kick him and used wrestling moves to trip Minard, according to the Minard's account.

Minard, who is 6-foot-5 and 240 pounds, attempted to restrain Weber, who is 6-foot-1 and 185 pounds, using various techniques and by instructing him to "relax," "calm down" and "quit it."

Minard and Weber struggled on the ground for about 10 seconds before Minard gained control and instructed Weber to "stay down" - a command Weber ignored.

On their feet again, the two continued to wrestle, and Minard discharged his pepper spray into Weber's face. The spray seemed to have little effect, according to Minard.

Concerned he would be taken down, Minard pulled his collapsible baton, or asp, and struck Weber in the right leg. Minard attempted a second blow to Weber's left leg just as Weber turned his head downward, according to Minard's sworn testimony.

Weber's version of the story, meanwhile, alleges that Minard handcuffed Weber and then "took Weber to the ground, sprayed pepper spray in Weber's eyes and then smashed Weber in the face with a club."

Minard said in his testimony that he did not intend to hit Weber with the asp, but acknowledged that he might have. Neither Minard nor Weber could recall exactly when Weber was hit in the face.

Weber suffers injuries

A doctor who examined Weber the night of the incident said the injuries to Weber's face were likely caused by a smooth instrument, such as Minard's baton, court records show.

Health care professionals who later examined Weber said a blow to Weber's face resulted in a left septal deformity, displaced nasal fracture and chronic maxillary sinus disease.

An expert witness who testified on Weber's behalf said Weber was a victim of "unreasonable excessive force."

D.P. Van Blaricom, a former police chief in Bellevue, Wash., and a longtime consultant on police practices, concluded that no reasonable officer could have believed that Weber, while handcuffed, posed a risk serious enough to warrant a blow to the head from an asp.

"Once an arrestee has been handcuffed behind the back, that person can be effectively controlled by grasping the handcuff linkage and raising both arms upward…," Blaricom wrote in a statement for the court.

An expert for Minard's defense, meanwhile, reached the opposite conclusion.

The former director of the Wyoming Division of Criminal Investigation, Kurt Dobbs, said in written testimony that Minard did not use excessive force, but simply "escalated his level of force in response to Weber's level of resistance."

Dobbs also noted that intoxication can increase the normal pain threshold, and he said Minard might well have intended to hit Weber in the leg with the baton and simply missed.

"This would explain why neither Trooper Minard nor Weber can recall the exact moment that Weber received the injury to the nose area," Dobbs stated in his comments.

As a result of the scuffle, Weber was charged with felony assault on a peace officer, but the Platte County Circuit Court dismissed the charge.

Weber sued Minard and some high-ranking Highway Patrol officials for assault and battery, negligence and violating his Fourth Amendment rights prohibiting excessive force.

The Highway Patrol officials were later removed from the lawsuit, but on Sept. 24 U.S. District Judge Alan Johnson issued a judgment approving the $15,000 payment to Weber.

Johnson's judgment provides a rare glimpse into a civil settlement involving a state employee. Settlement details, including the amount of money paid, are almost always kept from the public.

The $15,000 payment to Weber covers costs related to the case, including attorney fees, court records show.

It's unclear if the money will be paid by Minard or the state. State Attorney General Bruce Salzburg did not return a call for clarification on the matter this week.

One of Weber's lawyers, John Robinson of Casper, said the outcome was positive because it represented an acknowledgment that a wrong was committed.

In fact, the one-page judgment included no official admission of wrongdoing by Minard.

Jail incident

The incident at the Platte County jail last June also involved a DUI arrest, and was captured on video.

Former Platte County Attorney Eric Alden filed charges against Minard after reviewing the video in which Minard "attacks and batters a restrained female inmate" who is seated and handcuffed.

The charges included two counts of felony mistreating persons in an institution and a count each of misdemeanor battery and official misconduct.

Highway Patrol officials disputed the charges, saying in a statement that the confrontation between Minard and the prisoner did not rise to the level of a criminal violation.

The patrol's statement noted that the prisoner never filed a formal complaint with the patrol, nor any inquiry with the Platte County attorney.

Powell of the Highway Patrol said in the statement that he was "frankly surprised the County Attorney has filed these charges."

The charges against Minard were among dozens dropped when Mary Eikenberry took over the Platte County prosecutor's office in January. Eikenberry said at the time that she relied on law enforcement agencies to decide whether a criminal act has taken place.

In this case, she noted, law enforcement agencies had concluded that no crime had been committed, and that Alden has made the decision on his own after reviewing the video.

Eikenberry resigned four months later amid accusations of incompetence, including accusations that she had improperly dismissed many charges filed by Alden.

Alden later told The Associated Press that he was surprised the charges were dismissed.

"If you had a video of a guy doing that to a woman in a bar because he didn't like the way she's running her mouth, you'd get a conviction, no question," Alden said. "But just because this guy's got a uniform on - and she's handcuffed."

Reach capital bureau reporter Jared Miller at (307) 632-1244 or at jared.miller@casperstartribune.net.