Rock Springs Mom Sues Cops For Millions
ROCK SPRINGS -- The mother of a Rock Springs man who died in police custody here 30 months ago is pursuing a wrongful death lawsuit against seven officers, one federal official and the city.
Following a foot chase and bloody alleyway brawl during a predawn rainstorm, no lawman or municipality had ever been formally accused of violating Travis W. Posselt's civil rights.
Posselt, 30, was pronounced dead upon arrival at Sweetwater Memorial Hospital at 1:40 a.m. on May 28, 2004, records show.
Last July, Sweetwater County Prosecuting Attorney Jason Petri officially closed the case, clearing all law enforcement officers involved after ruling Posselt died of an accidental methamphetamine-related overdose.
A civil lawsuit is neither a conviction nor an admission of guilt. And none of the officers or officials named in the lawsuit has addressed its allegations either publicly or in court.
The lawsuit was filed by attorney Scott T. Kamin, 40, of Cook County, Ill., who described himself as a seasoned 11-year trial attorney. "After spending a lot of time with the evidence," Kamin decided Posselt's family "had a case."
According to the 11-page complaint filed Oct. 30 in U.S. District Court in Cheyenne, Posselt's mother, Therese Gallagher, is suing:
* Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent Al Hobaugh.
* Former Rock Springs Officer Adam Davies.
* Rock Springs Sgt. Duane Pacheceo.
* Rock Springs Officer Brad Bell.
* Rock Springs Officer Tracy Frisbee.
* Rock Springs Officer Janet Kauchich.
* Rock Springs Detective Tim Robinson.
* Rock Springs Chief of Police Mike Lowell.
* The city of Rock Springs.
Despite a pathologist, forensic expert and county attorney concluding Posselt died of a drug-induced heart attack, Gallagher has alleged, among other deeds, that police concealed their actions during the arrest and sudden death of her son.
"My son had blood in his nose, mouth, ears, throat, and five broken ribs," Gallagher said over French toast in a favorite chain restaurant here recently. "And they want to say they didn't put their hands on my son? B - - -."
Even Gallagher's sympathizers here admitted the drumbeat of wild allegations was quickened by her splashing posters of Posselt around town, pursuing those she suspected of knowing anything about how he died, and pointed accusations, including a letter published in the local newspaper, accusing police of brutality.
In the two and half years since his final clash with police, rumors of foul play about how Posselt, a known meth user with an 11-year criminal history, died became so bizarre that Petri published an Oregon forensic consultant's report on the county government Web site.
A look at some 'evidence'. Tests revealed at the time of death that Posselt had cannabis and amphetamine in his system, which Colorado pathologist Dr. Patrick C. Allen ruled sufficient to cause his heart attack while fleeing or fighting authorities on the night in question.
Copies of public records obtained from Sweetwater County show that Allen also found "multiple [superficial] abrasions and contusions to [Posselt's] face, head, neck, and extremities" and "five broken ribs" on one side of the dead man's body.
In the alleyway where Posselt struggled with peace officers before dying, state investigators noted "blood pooling" on the ground, "blood smearing with hair on the power supply box" and "black scuff marks," including an "arch pattern," official records show.
Allen said Posselt's five broken left ribs "may be the result of chest compressions" during efforts to save him as he went into cardiac arrest at the scene, a Wyoming investigator wrote.
'Case closed'
Following the findings of Allen, of retired narcotics cop and international forensic expert Rod Englert and an internal probe by Wyoming's Division of Criminal Investigation, Petri cleared all law enforcement of any wrongdoing in Posselt's disputed death.
"Did you hear the one about [Posselt's] head being cut off and flown in a black helicopter to Denver?" Petri said during an October meeting in his Green River office about lingering rumors surrounding his decision to close the Posselt inquest last July. "Travis Posselt died, tragically, of a methamphetamine overdose."
Before he filed his post-incident statement, state records show that counsel advised Officer Davies to request legal relief under the 1967 Supreme Court decision Garrity v. New Jersey. That ruling affirmed that policemen are not "relegated to a watered-down version of constitutional rights" afforded to teachers and lawyers.
State investigators reported that Chief Lowell ordered Davies to submit his statement regarding Passelt without "Garrity." which records show Davies did.
Also, on the advice of counsel, Hobaugh refused to surrender his weapons to Wyoming officials for forensic testing or provide a statement for at least 48 hours.
AsHobaugh and his supervisor walked out on state investigators, an ATF agent, under orders, removed Hobaugh's gun from a table and exited the Rock Springs police station with it, public records show.
Investigators wrote that Hobaugh's weapons were surrendered to his supervisor, Gil Salinas. Laboratory tests reported them free of biological or forensic indicators.
During a June 2, 2004, Cheyenne meeting among Hobaugh, his attorney, Larry Berger, ATF supervisor Salinas and Wyoming investigators, Hobaugh said he chased after Posselt on Davies' order. When asked for a copy of the federal policy about "relinquishing his weapon to an outside agency." ATE officials declined the DCI request, state records show.
Official reaction
"I don't comment on personnel actions," Lowell said last week when asked why he refused Davies' request for "Garrity."
The chief added that Davies no longer worked for the Rock Springs Police Department.
About the pending civil litigation, Lowell declined to comment.
Inquiries about other police named in the lawsuit resulted in directions to attorneys authorized to speak on their behalf.
"The city has never received service of the process about the complaint", Rock Springs attorney Vince Crow said Friday while declining comment about police officers named, alongside the city of Rock Springs, in the lawsuit.
Queries to ATF attorneys in San Francisco, Chicago and Phoenix about whether Hobaugh's citation of the purported ATF policy was "required or optional under the circumstances were referred to the bureau's office of public affairs in Washington, D.C.
"If an ATF agent is involved in an incident where their weapon is in question," Special Agent Richard Marianos said, "the agent surrenders the weapon to their ATF supervisor. The supervisor then coordinates with members of our inspection division to work with local and state authorities on their investigation."
Marianos said the bureau had conducted an internal investigation of the Posselt incident, but he declined discussing its findings due to the pending civil litigation.
Why the chase?
Minutes before Posselt led authorities on a chase under a railroad pass, through backyards and into a residential alleyway near Sixth and Channel streets, Posselt drove his girlfriend behind a novelty store called "The Dugout" sometime before 1 a.m., police records show.
Davies stated that he and Hobaugh were on patrol before 1 a.m. In an area where there had been a high number of car thefts when the couple's unregistered Toyota and "suspicious activity" behind The Dugout drew their attention.
As Hobaugh approached and identified himself, Davies wrote, Posselt "vaulted the [parking lot] railing" and ran off with Hobaugh chasing on foot. Following in his squad car, Davies reported finding Hobaugh and Posselt "struggling" and "fighting" in an alleyway between two houses several minutes later.
After "pepper spraying" Posselt, Davies reported, he helped Hobaugh subdue and handcuff him for "about two minutes" as other officers arrived.
Davies wrote that Posselet "appeared to be winded and was breathing heavily." As they sat Posselt down, he "suddenly fell onto his left side," and "it became apparent [Posselt] was not breathing," Davies wrote.
Officials reported uncuffing Posselt and attempting to resuscitate him until emergency responders arrived.
According to records, both CPR and defibrillation efforts failed to revive Posselt before he left Sixth Street in an ambulance.
What's next?
Kamin's seven-count lawsuit alleges that while Davies, Hobaugh, Pacheco, Bell and Frisbee "were using excessive force" and "beat and suffocated" Posselt, fellow defendants Kauchich and Robinson "failed to intervene," As a result of "these defendants' actions, Mr. Posselt suffered extreme physical and emotional trauma and ultimately died."
"I got a good lawyer. He's smart, and he knows what he's doing." Gallagher, Posselt's mother, said.
Though he has requested a jury trial, Kamin admitted his claim could be settled out of court. Any jury award, either against individuals or the city of Rock Springs, could top $2.5 million, he added.
Asked about his complaint's chances in a county so far away, where law enforcement has already been exonerated, Kamin said: "I don't need to go to Wyoming. I have plenty of cases here in Cook County, Illinois."
Casper Star-Tribune (Casper, WY) Sun, Dec 10, 2006 ·Page 15
Lizzie Kunde 
