Jury finds Springdale officer guilty of excessive force

Victim sought $200M, jail time for police in case, but receives award of $7,000

Cody Ross
Cody Ross

FAYETTEVILLE -- A federal jury in Fayetteville on Wednesday found that Springdale police officer Cody Ross used excessive force and awarded $7,000 in punitive damages to the man who sued him.

Johnnie Lee Rochell Jr., 68, in April 2016 filed a lawsuit against Ross in U.S. District Court for the Western District of Arkansas asking for more than $200 million and jail time for officers involved in the case.

Rochell's lawsuit claimed false arrest, false imprisonment and excessive use of force. The Springdale Police Department and several named officers were dismissed from the case in August 2017, according to court documents. The claims of false imprisonment and false arrest also were dropped.

The case was heard before U.S. District Judge Timothy Brooks.

The Springdale Police Department on Wednesday released a message of support for Ross as he "evaluates his options," the statement read. Ross was hired by the department in October 2009 and currently serves as a school resource officer, Lt. Jeff Taylor, Police Department spokesman, said Thursday.

"The jury's award of punitive damages meant the jury went a step further than finding a violation of John Rochell's constitutional rights," Michael Bender said in an email Thursday. Bender, a lawyer with the University of Arkansas' Legal Clinic, represented Rochell. "The instruction said punitive damages are appropriate if they believed Officer Ross acted recklessly and callously and he or another officer needed to be deterred from similar conduct in the future."

Jenna Adams, a lawyer with the Arkansas Municipal League who represented Ross, said Ross' legal team supported the jury's decision.

The lawsuit was based on a Feb. 19, 2016, incident at Rochell's home at 625 Henryetta St.

Rochell said Ross -- then a detective -- placed the barrel of his weapon against Rochell's face and threatened to kill him while he was unarmed, on the ground and not posing a threat, according to the lawsuit.

The suit said Ross was parked in an unmarked vehicle in front of Rochell's house watching another house where police planned to serve a warrant. Rochell said he and his son went outside, were curious and tried to get Ross' attention three times, but Ross placed three phone calls and did not acknowledge Rochell.

Rochell said in the suit that he got his shotgun from his house with it slung over his shoulder, the barrel on his backside facing the ground.

Ross immediately jumped from his vehicle and yelled at Rochell to drop the gun, Rochell said. Ross, dressed in plain clothes, revealed his badge after several threats, according to the lawsuit.

Ross pushed him to the ground, placed his gun behind Rochell's ear and threatened to blow his brains out, Rochell said in his lawsuit.

Rochell was arrested on charges of drug possession, delivery and paraphernalia, according to the lawsuit. Police mistakenly identified Rochell as a felon out of Mississippi and arrested him as a felon with a firearm, the suit said. Police dropped the charges, and Ross apologized, according to the suit.

Rochell was represented by attorneys with the University of Arkansas Legal Clinic. Ross was represented by attorneys with the Arkansas Municipal League.

Upcoming Events