LIMA — A motion filed by a man challenging his arrest during which he said police used excessive force has been denied.
A judge ruled late Tuesday that Lima Police Department officers were justified in stopping Tyler Paxson at 3:20 a.m. July 12 in Lima after responding to a loud party and coming across Paxson who appeared to be intoxicated.
Judge David Cheney of Allen County Common Pleas Court ruled Officer Nathaniel Garlock was justified in stopping Paxson after coming across him while responding to a large party. Paxson, who was 19 at the time, had blood-shot, glassy eyes, slurred speech and smelled of alcohol, the judge wrote.
“Here, with an individual who appeared under age to consume alcohol at 3:30 a.m. it was entirely appropriate, reasonable and constitutional for the arrest to occur,” Cheney wrote.
Paxson is charged with felonious assault, a fourth-degree felony that caries up to 18 months in prison. His attorney questioned whether police had reasonable suspicion to stop Paxson and then arrest him.
Garlock testified Paxson appeared to be unable to provide for his own safety and was a risk to the safety of others. The arrest would have been on a minor misdemeanor charge, however, a scuffle ensued.
Officers said Paxson fought them during the arrest. Paxson denies that and was seriously injured during his arrest during which he said multiple officers joined in to beat him.
Paxson is scheduled to stand trial March 30.