NORFOLK, Va. (WAVY) – A Norfolk jury delivered a mixed verdict Wednesday in the excessive force case against two former Norfolk police officers.
Former Norfolk police officers N.M Caesar and Q. Tomlinson were each found not liable for false arrest and retaliatory arrest, however, Tomlinson was found liable of using excessive force against Drew Lail.
This involved an incident back in October 2019 when the officers went to Colley Cantina after Lail was kicked out by the bouncer after an employee claimed Lail was being disrespectful.
Body camera footage of the incident obtained by 10 On Your Side showed Tomlinson allegedly putting Lail in a chokehold, which Tomlinson has denied.
Lail claims the police officers retaliated against him for exercising his first amendment rights of free speech and that was the motivation for them to arrest him, which violated his fourth amendment rights.
He also says that the officers had the discretion not to arrest him but they did because he was exercising his right to first amendment speech.
Tomlinson took the stand and told the jury it was not a chokehold on Lail, but rather his arm went across Lail’s face, not his throat. His attorney also said that it was a proper arrest because Officer Caesar could smell alcohol on Lail, that he had glassy eyes, and was belligerent.
The jury found it to be excessive force but did not award Lail any money.
10 On Your Side spoke with Lail and his attorney, Jake Denton, after the hearing. Denton said that they were surprised that his client wasn’t awarded money.
“I believe it said if there was excessive force then there has to be a monetary award that compensates for the excessive force. Denton said. “Perhaps the jury thought there was excessive force but no injuries. That’s the best I can make of it.
Denton does not know what happens next but says there could be a motion for a mistrial if the court finds the jury didn’t follow the judge’s instructions.