PORTLAND – A Norway man who claims he was shot 18 times by Lewiston police officers after he used a hammer to damage police cruisers says his constitutional rights were violated.
Vince Berube contends in a lawsuit in U.S. District Court in Portland that the three officers used excessive force.
For their part, the officers contend they acted in self-defense when Berube charged at them in the police department parking lot. An investigation by the state attorney general concluded that they were justified in using deadly force.
Berube was suffering from self-inflicted knife wounds when he drove to the Lewiston Police Department and began hammering patrol cars on Dec. 17, 2003.
When police tried to intervene, Berube charged at them. Three officers fired their guns and at least a half dozen shots were fired, authorities said at the time.
In his lawsuit, Berube said police fired 26 rounds, hitting him 18 times. His left leg was paralyzed and his hip was shattered, requiring a replacement.
Officer Carly Conley fired first and Berube fell to the pavement, dropping the hammer, the lawsuit said. The other officers, Eric Syphers, and Matthew Vierling, fired when Berube tried to get back up, the lawsuit said.
Berube suffered permanent impairment, loss of income, and physical and emotional pain, according to the lawsuit.
The officers contend they acted appropriately. They say Berube never dropped the hammer, which appeared as a metallic object in his hand.
After the shooting, investigators said they received information that Berube may have acted deliberately to try to get officers to shoot him. Berube spent weeks in the hospital recovering from his wounds. He pleaded guilty to criminal threatening, a felony, and was given a suspended sentence.
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