By Kristyne E. Demske
C & G Staff Writer

SHELBY TOWNSHIP — More than three months after a man died in police custody, his estate is suing the township and five police officers.

“They killed the guy,” said Paul Broschay, with Fieger, Fieger, Kenney and Johnson, who is representing the personal representative of the estate, Monica Spears. “The force they used was excessive because they vastly outnumbered this guy, who had some problems.”

Shelby police were called to the area of 23 Mile and Dequindre roads Aug. 4 with a report that a man, Steven Timothy Spears of Shelby Township, was running in the street in his underwear.

An October report by the Macomb County Prosecutor’s Office said Spears seemed nervous, agitated and was pacing with clenched fists when speaking with police. The 49-year-old man broke away from medical personnel when he ran toward an intersection. He was hit in the back with a shot from a Taser. He got back up and attempted to run again and didn’t listen to officer commands.

The report said Spears was repeatedly Tasered and restrained until he could be handcuffed. Three officers allegedly used their Tasers on Spears.

After Spears was handcuffed, he lost consciousness. He was rushed to Troy Beaumont Hospital, where he was pronounced dead. Reports from the prosecutor and the Macomb County Sheriff’s Office point to the autopsy conclusion that Spears died from “cocaine induced excited delirium,” with physical restraint listed as a contributing factor.

But Broschay said the manner in which Spears was forced to lie on his stomach on the ground, with his hands cuffed behind his back, blocked his airway, and that this is a well-known problem with that position.

“They used the Tasers not to subdue him, but they used them because he was not responding to their commands,” he said.

He said officers left Spears face down on the ground with his mouth on the shoulder of the road.

“People should not be handcuffed with their hands … behind their back (because they) have difficulty breathing,” he said.

Shelby Township Supervisor Ralph Maccarone said the township stands by the finding of reasonable force by the county investigators, but couldn’t comment directly on the lawsuit.

“Any death is a tragedy; this one is no different,” he said.

Southfield attorney Gus Morris is representing the township in the case. He said officers acted appropriately and a jury presented with the facts will feel the same way.

“He fought with the police, as is evidenced in the video,” he said.

He said it was the excessive amount of cocaine in Spears’ system, and how much he fought with officers, that led to his death. He alleges that Spears kept taking the Taser barbs out of him and wouldn’t flip over so that emergency technicians could have a clear shot at his hands to check his blood sugar level, as they suspected he was having a diabetic attack.

Morris said Spears was only on his stomach for a few seconds when the EMT noticed he was not breathing. He was immediately flipped over and resuscitation was attempted, but it failed.

“Officers are aware of that (problem with being handcuffed while lying on the stomach) particularly in individuals who have large stomachs,” he said, noting that Spears was physically fit and didn’t have that problem. “Once he’s turned over, the EMT’s right there working on him. He could have revived him if that was the case. He was only down that way for a number of seconds.”

Broschay said the fact that the two county offices found no excessive force used by the police was not surprising.

“The law enforcement rarely, if ever, prosecutes members of their own departments or their own people,” he said. “It was totally expected and not determinative of anything.”

He declined to mention a dollar amount that the estate is seeking, but the lawsuit, filed in U.S. District Court, is looking for an award exceeding $75,000.

“They’re trying to be compensated and have these officers held responsible for what they did,” Broschay said.

But Morris said the burden of proof is on Broschay’s side.

“They have the burden of proving that the officers used excessive force,” he said. “They’re going to conclude that the officers did not use excessive force in regard to this gentleman.”

Staff writer Jeremy Carroll contributed to this report.

You can reach Staff Writer Kristyne E. Demske at kdemske@candgnews.com or at (586) 498-1041.