An extreme, unwarranted attack by a sheriff’s deputy or a tussle with an uncooperative subject — these were the two very different accounts given by Coventry Township Trustee Richard Kutuchief and a longtime sheriff’s deputy Thursday during Kutuchief’s trial.
Kutuchief, 63, an attorney and former Coventry school board and park board member, is charged with resisting arrest, a second-degree misdemeanor, for an altercation with a sheriff’s deputy that happened on Nov. 3, the same day he was elected a township trustee.
Kutuchief had a daylong jury trial in Barberton Municipal Court Thursday, with testimony concluding about 6 p.m. The jury of six women and two men will return Friday morning for closing arguments and deliberations.
Kutuchief was originally also charged with obstructing official business, also a second-degree misdemeanor. Robert Lavery, a retired judge from Alliance handling the case, dismissed that charge. Resisting arrest is punishable by up to 90 days in jail and a $750 fine.
The confrontation between Kutuchief and Lt. Richard Armsey of the Summit County Sheriff’s Office, which provides police service in Coventry township, began about 9:15 a.m. when Armsey saw Kutuchief taking photographs on Conlin Drive, which is in Coventry not far from Firestone Country Club.
Armsey testified that he was suspicious of Kutuchief’s photo-taking because of a series of burglaries and thefts in Coventry Township, as well as other nearby areas. Armsey, who is normally assigned to Internal Affairs and drives an undercover sheriff’s deputy, said he pulled up behind Kutuchief’s motorcycle and waved for him to approach his vehicle.
“I was not sure if he was doing something he shouldn’t have been,” Armsey said.
Armsey said he told Kutuchief who he was and asked him to pull into a nearby driveway. After Kutuchief complied, Armsey asked who Kutuchief was and what he was doing. He said Kutuchief told him he hadn’t done anything wrong, questioned Armsey’s authority and asked to see his identification. He said Kutuchief refused to provide his own identification and attempted to make a phone call. Armsey told Kutuchief to stop because he didn’t know whom he might be calling.
Armsey said he told Kutuchief he was going to arrest him for obstructing official business and to turn around. Kutuchief didn’t turn around and argued. Armsey said he tried to pull Kutuchief toward him and Kutuchief’s coat ripped.
Armsey said he grabbed Kutuchief by the arms and spun him around. He did a leg sweep on the defendant’s right side and forced him to the grass on his stomach. He said he searched Kutuchief for weapons and found none. Armsey said his handcuffs were in his vehicle and he told Kutuchief to keep his hands behind his back. He led Kutuchief to his vehicle where he got his handcuffs, put them on him and brought Kutuchief to the sheriff’s nearby district station.
Armsey said Kutuchief showed him his camera at the station and it had pictures of fall foliage and candidates’ yard signs. He said he called the Coventry paramedics to look over Kutuchief, who complained of hip and leg pain but declined an offer to go to the hospital.
Jeff Laybourne, Kutuchief’s attorney, pressed Armsey on why he stopped Kutuchief. He referred to previous testimony from Armsey in which he said Kutuchief could have been a burglar, rapist or serial killer.
“What in your mind would convince you someone was a photographer versus a serial killer?” Laybourne asked.
“The same way he could be a rapist,” Armsey said. “He could be anybody.”
“Do you see how insulting that can be?” Laybourne asked.
“Not at all,” Armsey responded. “The world’s not a nice place and there are bad people.”
Laybourne also challenged Armsey about whether he had cause to charge Kutuchief with obstructing official business. Armsey said he thought the fact Kutuchief was uncooperative and didn’t answer his questions qualified as obstruction.
Laybourne asked Armsey if he is still suspicious of Kutuchief. He said he is.
“I think he’s very odd,” Armsey said. “I think a gentleman in his position to act like that in his own community with his own police department is very odd.”
The sheriff’s office carried out a use-of-force investigation into the incident. Armsey said the probe found he acted “within the police/procedures of the Summit County Sheriff’s Office.”
Sgt. Glenn Stock of the sheriff’s office conducted the investigation and then turned it over to the use-of-force committee. His probe included interviewing Kutuchief. Jurors watched a videotape of this interview.
“It just went from bad to worse like those videos you see on television,” Kutuchief said in the video.
“I am a police supporter,” he added.
“I appreciate that,” Stock told him.
“This is one of those instances that is a black mark for the police,” Kutuchief said.
Kutuchief had the chance to tell his version of the events firsthand when he took the stand. He said he saw Armsey wave to him from his car and got off of his motorcycle to talk to him. He said Armsey asked why he was taking pictures and he told him he was capturing the beautiful fall day. He said Armsey asked who he was and he told him and then pointed to his nearby township-trustee campaign sign.
Kutuchief said Armsey showed him his badge and asked him to pull over. Kutuchief said he complied, though he was suspicious because Armsey wasn’t in a cruiser and wasn’t wearing a uniform. After parking, Kutuchief said he approached Armsey holding his phone, intending to videotape their conversation.
“He knocked down my phone, grabbed my arm, turned me around and threw me on the ground,” Kutuchief said. “He did not ask me any questions. He did not ask for my identification.”
Laybourne asked Kutuchief why his version is so different from Armsey’s.
“I think that Lt. Armsey created something in his mind that he actually believes,” Kutuchief responded. “He actually believes it happened that way. It did not happen that way. He is not telling the truth.”
Brendan Mackin, a visiting prosecutor from Stow court, pressed Kutuchief on why Armsey reacted the way he did.
“He took you to the ground for no reason?” he asked.
“I don’t know how to answer that,” Kutuchief said. “Yes, for no reason. From my viewpoint, I didn’t do anything.”
Stephanie Warsmith can be reached at 330-996-3707, swarsmith@thebeaconjournal.com or on Twitter: @swarsmithabj.