Pubdate: Sat, 15 Jan 2005
Source: Roanoke Times (VA)
Copyright: 2005 Roanoke Times
Contact:  http://www.roanoke.com/
Details: http://www.mapinc.org/media/368
Author: Jen Mccaffery, The Roanoke Times
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

WOMAN FILES SUIT AGAINST OFFICERS

The Lawsuit Claims the Officers Pepper-Sprayed Her and Threw Her To
the Pavement After She Refused to Cooperate.

A Roanoke woman has sued two law enforcement officers affiliated with
the Drug Enforcement Administration, arguing that she was
pepper-sprayed and arrested in violation of her constitutional rights.

In a lawsuit filed in federal court last month, Tonia Laverne Cooper,
36, sued Ronald Bonaventura, a special agent with the DEA in Roanoke,
and Kenneth Garrett, a Roanoke police officer who works with the DEA.

Cooper is seeking $850,000 in damages, plus attorneys' fees and
costs.

Raymond Melick, resident agent in charge of the DEA in Roanoke, said
he could not comment on pending litigation.

The incident occurred Sept. 20, when Cooper, her sister, Tameka Hall,
and daughter, Alisha Cooper, drove to 1545 Abbott St. N.W. to pick up
Cooper's nephew, according to the lawsuit.

Federal agents got a warrant to search the residence because they
suspected a man who had listed the residence as his home, Andrew Blake
Jr., was dealing crack cocaine, according to an affidavit filed in
federal court. If federal charges have been filed against him, they
have not been made public. It is unclear whether he is any relation to
Cooper.

When Cooper arrived, she noticed several Roanoke policemen near the
house, according to the lawsuit. An officer told her that she couldn't
go into the house because it was "under investigation," according to
the lawsuit. The officer asked Cooper and her sister for
identification, which they turned over, according to the lawsuit.

The officer then asked Cooper for a key to the house, according to the
lawsuit. Cooper told the officer she would not turn over the key
unless she saw a search warrant, according to the lawsuit. The officer
then radioed someone else that two parties were being uncooperative,
according to the lawsuit. The lawsuit does not specify who was radioed.

Afraid that she might get "set up," Cooper decided to tape-record any
further conversations, and told the officer she intended to do so,
according to the lawsuit. He agreed with her decision, according to
the lawsuit.

Right after that, the officer consulted with another officer in an
unmarked car, according to the lawsuit. She approached Cooper and told
her that her license tags were illegal, according to the lawsuit. As
Cooper spoke with the second officer, a van full of law enforcement
officers pulled up in front of the house.

Bonaventura showed Cooper a search warrant, and she gave him the keys,
according to the lawsuit. He also told her that he "needed" the tape
and told her she had two choices: "Give up the tape or take a ride
downtown," according to the lawsuit.

Cooper refused to turn it over. She took the tape out of the recorder,
put the tape into her mouth and put her hands behind her back to be
handcuffed, according to the lawsuit.

Bonaventura put Cooper in a chokehold and threw her onto the ground,
according to the complaint. He also placed his hand over her nose so
she couldn't breathe, according to the lawsuit. Either Bonaventura or
Garrett sprayed Cooper with pepper spray until she spit out the tape,
according to the lawsuit.

Cooper was then taken to the hospital and treated for bruises,
according to the lawsuit and her attorney, Burton Albert of Roanoke.
She was then arrested on a state charge of interfering with a police
officer and taken to Roanoke City Jail, where she remained for two
days. The charge against Cooper was later dismissed. She maintains she
was never on the property when the incident took place.
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