Court sides with police in riot case

A $9 million dollar lawsuit against three Prince George's County police officers for allegedly using excessive force during a 2005 riot in downtown College Park was decided yesterday morning when a jury ruled in favor of the officers.

The jury determined Sgt. William Gleason, Cpl. Diane Salen and Cpl. Dale Weller were not liable for shooting former university student Stephen Lippenholz near the eye with a non-lethal pepper ball during a riot in February 2005 after a men's basketball victory against Duke, county police spokesman Maj. Andrew Ellis said. They reached a verdict in as little as 20 minutes, Ellis added.

Lippenholz accused police in 2005 of shooting him near the eye with an FN 303 less-than-lethal riot gun while he was attempting to help another student pinned underneath an uprooted sign. He was hospitalized, and doctors removed fragments of a plastic pellet from his cheek, treated him for a broken nose and gave him 40 stitches.

Lippenholz's case was hurt by a lack of evidence - the physical projectile removed from his face was discarded, and the defense could not prove the round was from a police weapon. Lippenholz couldn't positively identify any officer as the shooter, and county attorneys argued he disobeyed a lawful order to leave the street, Prince George's County spokesman John Erzen said.

Upset with the decision, Lippenholz said he is consulting his lawyers to possibly file an appeal.

"[Police] should treat any dangerous weapons like they could kill someone," Lippenholz said. "Tasers have killed people. The FN 303 has killed people. I don't think they've learned anything."

Police held a news conference yesterday afternoon at College Park City Hall, hailing the decision as a statement in support of police measures to quell sometimes violent rioting after sporting events in College Park.

"It sends a loud message that this kind of behavior will not be tolerated in Prince George's County," District 1 commander Maj. Kevin Davis said. "There is absolutely no such thing as a spectator at a riot. You're either involved or not involved."

Bob Ryan, College Park's director of public services, was on hand to show appreciation for police from the city council.

"We support the county's efforts to reduce damage to city property during the riots," he said. "It's unfortunate that someone got injured, but we would hope residents would not participate in riots."

The last riot in downtown College Park was in April 2006 after the women's basketball national championship overtime win over Duke. ZIPS Dry Cleaners owner Lea Callahan recalled feeling frightened at the sight of thousands of rioters breaking her store windows and toppling barrels in front of her establishment.

"It was very scary, but there wasn't very much I could do - it was one person against a mob," said Callahan, who spoke at the news conference. "I feel much safer now. Police presence is a must in College Park and should be maintained."

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