Lawsuit claims police used excessive force when arresting Warren

Blytheville attorneys Jim Harris and Zach Morrison, Law Offices of Harris & Morrison, filed an excessive force lawsuit Tuesday in the Circuit Court of Mississippi County after they say a Blytheville police officer’s actions left a man with a crushed trachea and in a permanent vegetative state...

This photo of Rayshawn Warren was provided by his attorney, Jim Harris.

Blytheville attorneys Jim Harris and Zach Morrison, Law Offices of Harris & Morrison, filed an excessive force lawsuit Tuesday in the Circuit Court of Mississippi County after they say a Blytheville police officer’s actions left a man with a crushed trachea and in a permanent vegetative state.

On behalf of Tawona Warren Anderson, mother and guardian of the person of Rashawn Warren, Harris & Morrison have sued Blytheville Police Department (“BPD”) officer Doyne Driskill, BPD Chief of Police Ross Thompson, and the City of Blytheville, alleging violations of Warren’s civil rights to be free from excessive force under both federal and state law.

The lawsuit states that on September 29, 2018, Warren was legally walking up to a house on the corner of West Main and 7th Streets in downtown Blytheville, when Driskill yelled at Warren to “come to me.” Driskill yelled a second time, “come to me,” to which Warren responded, “No,” and started running down West Main Street. Driskill caught up with Warren at Cobb Funeral Home and used an “arm bar restraint” to restrain Warren, resulting in the crushing of Warren’s trachea, the attorneys contend.

According to the Blytheville police incident report, another officer was giving Warren chest compressions when emergency medical personnel arrived at the scene. Warren was placed under arrest and transported to Great River Medical Center in Blytheville. Emergency room personnel at Great River determined that his injuries were so extensive and severe that Warren was transferred to St. Bernards Medical Center in Jonesboro, the attorneys say. Warren has remained hospitalized in a comatose, vegetative state since the incident on September 29, according to the attorneys.

“Mr. Warren’s condition, in all likelihood, will not improve,” Morrison said. “His medical bills, to date, are estimated to exceed $250,000.00.”

Harris & Morrison requested under the Arkansas Freedom of Information Act the police officer body cameras from the time of the assault, but, to date, the Blytheville Police Department has not responded to the attorneys’ request, in violation of Arkansas FOIA law to produce the requested items within three working days.

“The type of conduct exhibited herein by a member of the Blytheville Police Department is becoming an all too frequent occasion,” Harris said. “When will our police chief and mayor quit turning a blind eye to officer misconduct? I’m guessing never, as these incidents continue to take place.”

Blytheville Police Chief Ross Thompson issued the following statement:

“In response to a lawsuit that has been filed against the department and city, on Monday October 2nd 2018 the Blytheville Police Department released a criminal incident report involving 29 year old Rayshawn Warren of Blytheville. The incident occurred on Saturday September 29, 2018 at approximately 8:00 pm after the department received calls regarding a subject knocking on doors and trying to push his way into the residences. A description of the subject later identified as Warren was given including that he was acting strange, he scared them and they believed he was on something.”

“Officers located Mr. Warren a few blocks away, he fled on foot; he was combative and physically resisted their attempts to detain him. During the encounter Officers believed he was in a state of excited delirium where subjects display extreme mental and physiological excitement characterized by extreme agitation, hyperthermia, hostility, exceptional strength, and endurance without fatigue. This condition is often the result of drug use or overdose, and can cause cardiac arrest.”

“Officers called an ambulance to the scene. Mr. Warren was conscious and continued his combative behavior towards the medics. After medics arrived Mr. Warren went into cardiac arrest and was transported by ambulance to the Great River Medical Center Emergency room in Blytheville where they were able to stabilize him. Mr. Warren was later transported to another hospital facility.”

“Medical records show that Mr. Warren had amphetamines and THC in his system the night of the encounter and was described by medical staff as having an altered mental status due to meth intoxication. Medical records also indicate that Mr. Warren received treatments known to counter act the effects of amphetamines.”

“Blytheville Police Officers are equipped with Body Worn Video Cameras that were active during the encounter Members of the Blytheville Police Department contacted the Arkansas State Police the night this occurred and we have asked them to look into it. This is an active and ongoing criminal investigation and no further information can be released at this time.”

According to the police report, at approximately 8 p.m. on September 29, Officer Driskill responded to 910 Hearn regarding an unknown male knocking at the door trying to get in.

“I made contact with the resident of 910 Hearn who stated that a black male in a blue shirt knocked on the door and was talking to her husband,” the report said. “The resident continued to state that the male tried to push his way into the house pass her husband. The resident also stated that he was acting strange and she believed him to be on something. While on scene, dispatch received several calls concerning a male matching the same description knocking on other doors on Walnut street.”

Driskill wrote that he made contact with a caller on Walnut Street who stated that the male kept knocking and was asking for help.

“The caller then directed me to 8th street where he was last seen,” Driskill wrote. “ I was notified that dispatch received another call of a male screaming for help behind the Baptist Church. I made contact with a black male in a blue shirt, later identified as Rayshawn Warren, who was walking up to a house on the southeast corner of Main and 7th. I attempted to talk to Warren and told him to come to me. Warren continued to walk away and yelled, "No!" Warren was told to come to me again, which he responded with another, "No!" and he began to run east on Main Street. I caught up to Warren at Cobb Funeral Home, were I attempted to use an arm bar to restrain Warren. The move was ineffective and Warren ran across the street where I again caught up to him and tackled Warren to the ground were I was able to restrain him until other officers arrived. When Officer Krupin and Officer Berumen arrived Warren continued to resist attempts to handcuff him. Officer Krupin administered drive stuns to the thighs and abdomen to Warren, which had no affect. After handcuffs were applied Warren continued to resist and began to kick at officers. During the altercation I injured my left ankle and sustained a busted upper lip. Pafford was notified for both Warren and myself.”

After Pafford arrived, Driskill retrieved his vehicle and returned where Warren continued to resist medical assistance, the report said.

“While en route to Pafford base were they would wrap my ankle, Officer Krupin announced on the radio that Pafford needed to return,” the report said. “Once back on scene, I observed Officer Krupin giving chest compressions to Warren. Warren was transported to the Great River Medical Center where he was later transferred to St. Bernard's Hospital in Jonesboro. Blood samples were collected at the Great River Medical Center. An affidavit was filled out on Warren for public intoxication, fleeing on foot, and for failure to submit to arrest. Body worn video is available for this incident.”

Warren has been listed as the offender in other Blytheville Police Department reports as well.

On Oct. 4, 2016, he allegedly went on Blytheville District Court Judge Shannon Langston’s property.

“On 10/4/16 I Sgt. St. Laurent was dispatched to 215 N. 10th in reference to Rayshawn Warren attempting to make contact with Judge Langston,” the police report reads. “Upon my arrival I made contact with Warren on the front porch stating that someone kidnapped his mother and cast a voo-doo spell on her. Langston stated that Warren was banging on the door loudly and stated that he was coming in. Warren was then placed into custody for trespassing on the property. Warren was also advised to not to have any contact with the judge or her property.”

On June 28, 2017, Warren was allegedly trespassing at Red Roof Inn on South Division. Driskill was the responding officer.

“On June 28th, 2017, at approximately 0445 hours, I, Officer Driskill, was dispatched to 357 South Division regarding a person criminally trespassing,” the report reads. “I made contact with Chiragkumar Shah, Red Roof manager, who stated that there a black male, Rayshawn Warren, that he has told several time to leave the property and to never come back. Shah continued to state that he had video footage, various different dates, of Warren coming on to the property and bothering the renters. Warren admitted that he knew he wasn't suppose to be on the property. Warren also admitted to using meth ‘two days ago.’ Warren was restless and couldn't stop talking. Warren also began having a conversation with himself.”

Warren was arrested and taken to MCSO. He was charged with Criminal Trespassing and Public Intoxication (drugs). Warren showed to have active warrants through the city of Blytheville and through Craighead County for Failure to Pay Fines at the time, according to reports. 

On Aug. 27, 2018, a BPD report says police responded to 384 North Hollywood.

“Mr. Warren believes someone is hiding in the attic in the abandoned house next door,” the report said. “He believes someone is trying to kill him.”

Police were dispatched to the location at 8:42 that day.

“We could hear the subject inside, however he would not respond to us or open the door,” the report said. “As I was about to leave James Hodges came out of the residence, advised that Rayshawn Warren is his oldest brother. He said that Warren is paranoid due to him using narcotics, and left the residence prior to our arrival.”

The Blytheville Police Department released the following videos on Wednesday afternoon.

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