Maine judge: Deputy used poor judgment at home

Posted July 29, 2009, at 10:17 a.m.

PORTLAND, Maine — A judge has ruled that a sheriff’s deputy used poor judgment and apparently violated a Maine homeowner’s constitutional rights before shooting him last year.

The Portland Press Herald reports Superior Court Justice MaryGay Kennedy ruled Deputy Stephen Welsh shouldn’t have crept around the back deck at Douglas Tenczar’s (TEN’zar’s) home.

Tenczar was shot after he allegedly aimed a shotgun in the direction of officers last October in Sebago. He was hit with multiple shots and eventually lost his right arm.

Kennedy wrote while deputies had probable cause to come to the house, they had neither a warrant nor urgent circumstances that would allow them to enter. He found two other officers involved followed the law.

Tenczar’s lawyer said he was disappointed that the ruling was not entirely in Tenczar’s favor.

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