PORTLAND, Maine — A Sebago man whose right arm was amputated after he was shot by sheriff’s deputies has filed a federal lawsuit alleging police used excessive force.
Douglas Tenczar says in his suit filed in U.S. District Court that he grabbed an unloaded shotgun to frighten away what he thought were intruders at his home in October 2008.
Deputies had gone to his home to investigate reports of a man showing a handgun during a road rage incident.
The 44-year-old Tenczar says deputies pounded on his door and failed to identify themselves as police. He was shot multiple times.
The suit seeks unspecified compensation for his injuries, punitive damages, attorney’s fees and other relief.
A lawyer for the county tells The Portland Press Herald that officers acted appropriately and properly identified themselves.
Did the police id themselves
What do you think? That is basic police protocol to, if nothing else cover their butts.
From Maine Today Media:
“According to the complaint, responding officers did not operate sirens
or emergency lights and intentionally approached Tenczar’s home
stealthily. Welsh went to the back door, Hall went to the side door and
Anderson was watching the front door. Hall pounded on the side door, the
complaint said.”
“The complaint notes that an audio recording indicates there was a loud
knock, an order to come to the door and a deputy saying “He’s armed!”
before four gunshots were fired – but no announcement that the deputies
were law enforcement officers. The recording was captured by a remote
microphone Anderson was wearing.”
i don’t know why a lot of people on here are slandering the man who was shot. if the police didn’t announce that they were law enforcement and there were no sirens/police lights, how the hell is the guy gonna know that its the police? this guys is in his OWN HOUSE i’m pretty confident he has the right to hold his gun on his own property. if anything the police should have been loud enough, and persistent enough with their voice to let anyone inside know that they were indeed officers
Who do we believe here, the man who just displayed a handgun during a road rage incident who of course claims the deputies did not identify themselves or the cops who responded and shot when he brandished the weapon? He has stated that he grabbed an unloaded shotgun to scare away intruders, how are the cops are supposed to know that the gun was unloaded?…….Sounds like a frivolous suit to me. He should consider himself lucky he survived
Was he convicted of criminal threatening with a dangerous weapon, or was he just suspected of possibly doing that? There are previous stories which shed more light on this, mostly how deputies came to the front of his house and also the back sliding glass door (which is how the deputy saw he had an unloaded shotgun and proceeded to shoot the man in his home.)
Were there any charges brought against this man, or was he just shot and that called good enough?
I do not know the answers to your questions. You seem to have a little more insight into the story, so please share the facts that are known to you. I did notice you stated that the deputy saw he had an unloaded shotgun. Can you explain to me how the deputy is to know that the shotgun was unloaded?
From Maine Today Media: “According to the complaint, responding officers did not operate sirens
or emergency lights and intentionally approached Tenczar’s home
stealthily. Welsh went to the back door, Hall went to the side door and
Anderson was watching the front door. Hall pounded on the side door, the
complaint said.”
“The complaint notes that an audio recording indicates there was a loud
knock, an order to come to the door and a deputy saying “He’s armed!”
before four gunshots were fired – but no announcement that the deputies
were law enforcement officers. The recording was captured by a remote
microphone Anderson was wearing.”
So the deputies -intentionally- snuck onto his property and according to the police recording, there was no declaration they were LEOs.
The deputies could not know if the shotgun was loaded, just like the victim could not know the people surrounding his house and pounding on the door were LEO’s.
Also to answer my previous question: “In the related criminal case, Tenczar pleaded no contest to displaying a
dangerous weapon and pleaded guilty to criminal threatening, with the
latter charge to be dropped if he stayed out of trouble for one year.” Tenczar claimed it was a cellphone he waved out the window that was mistaken for a handgun
The cops were responding to a complaint of a man brandishing a gun ( I personally doubt what he displayed out his car window was a cell phone). I feel comfortable with the fact that they did not announce their presence. He is the one who armed himself and should be responsible for his actions. I guess we will have to see how the courts view it. Should be interesting.
That’s what disturbs me. If there is a complaint about someone who is armed, you would think they would try to contact that person to get them to surrender peaceably, LEO’s have the ability to get personal contact information. By sneaking onto someones property and not using sirens or emergency lights, then pounding on their door in the middle of the night seems like terrible protocol and a recipe for disaster, as we have seen here.
If people are not allowed to be armed within their own house (or on their property) and respond to some anonymous person pounding on their door in the middle of the night (like many robbers and drug addicts do), demanding they come to the door, with having an unloaded firearm (which to me shows intent) this state is much more like Massachusetts then I hoped.
Thankfully the shotgun was not loaded and he did not return fire.
It doesn’t look like we have many facts here but I couldn’t agree more with what disturbs you. If I am in my home and hear noises outside and someone banging on my door without identifying themsleves I am going to have my piece handy, based on the time of night, perhaps in my hand. If I get shot but can still function, I would be returning fire and calling the 911.
Same here …………………………
This should be a test to his Second Amendment rights. We must not forget that there are circumstances that LEOs rely upon to make decisions on how they approach situations such as, previous encounters with subject, common knowledge about subject, nature of the allegations they are investigating and the balance of their own (and others) safety versus individual rights and the list goes on. I will always probably side with the officers, as they are the professionals and the integrity of the law and safety of an LEO needs to be maintained. I am willing to bet that this is not this individuals first run in with the law and probably not his first display of this type of aggressive behavior.
If the police have no warrant they are required to at least show themselves and they cannot simply shoot because a person has a gun in their hands. It sounds to me like these guys thought they were going to be cowboys and take down some violent offender, when really they crippled this guy that didn’t deserve it. Cops are held to a higher level of authority while at a higher level of responsibility, and from the way it sounds they did not act responsibly, and this definately did not need to turn out the way it did.
I do not believe that they would need a warrant to go to the
house to speak with him about the incident, but it does sound as if their intentions were a little different than just questioning him. This one will be interesting. I still think, as I posted earlier, I am sure was not his first contact with the authorities and the deputies probably had knowledge concerning his demeanor and his expected reaction to them being there.
you feel comfortable that these cops did not announce there presence. how scary is that.
i often carry a shotgun on my property, and from some of the comments here it sounds like most would be ok if the cops showed up and shot me for “displaying a dangerous weapon” .
its ok. we just have a constitution that gives us the right to bear arms, i know many dems think that the old fashioned paper is little more than trash, but i intend to exersise my rights.
He had to have known the police were coming because of his actions with the gun. Would he have picked up the gun if it was the UPS man or oil delivery or a young girl selling Girl Scout cookies? I say his actions showed he knew exactly who was at the door.
I’ll be taking his address off of my Trick or Treating list.
Anyone dumb enough to grab an UNLOADED gun to scare off intruders deserves to get shot anyway. You don’t ever display a gun unless you intend to use it.
Exactly.. I have a concealed permit. Thats my right. But you should know that when you take it out you are asking for a real problem. Im not sure he has a leg to stand on.
Hmmmm police are trained how to lie. Fact. Ever been questioned by the police? Some will go as far as lie in court. Most all police if questioned in court and something is not in there favor will use the line I do not recall Witch is a lie but hard to prove. I think all police should be a lie detector and asked OF YOU EVER LIED IN COURT that means saying out do not recall when you did. And fired on the spot if they fail . Wait 90% of the police would be fired the ones that pass would be the one who know how to cheat the test.
Oh please! such drival!
I don’t believe the police shot this man without reason and believe that he is responsible for what happened through his actions! Should we really reward people for being criminals?
where did you read that this guy did anything wrong? i reread the article and i dont see where it says he was guilty of anything.
All I said was I don’t believe the police went to his home and shot him without justification and that if he indeed caused this chain of events, he should not be rewarded for it! I would like to know if he has a criminal record and believe a thorough investigation into the shooting should be conducted by an independent concern!
Considering that the deputies were there at his residence to investigate his alleged involvement in a road rage incident that may have had a gun brandished, I would have to guess it would have been a little early to assume he was guilty. That part follows the investigation, charges filed and a trial. I guess we should forgive the poor lad for grabbing the shotgun to “protect himself” from the police ( that I am sure he knew were there or soon would be).
to investigate his alleged involvement in a road rage incident
( that I am sure he knew were there or soon would be).
you cannot know if he was a part of anything, and if not then why would he expect the cops to be there? you take too much for granted, as these cops may have as well.
gotta love it, all the 2nd amendment fanatics have their guns for protection and brag about how they will defend themselves. of course getting woken up by someone banging on your door ( and they arent gently rapping) and someone yelling something and you grab your gun to defend yourself and the cops just happen to shoot you, why, thats just collateral damage.
and the road rage? all it takes is for you to p*ss someone off while driving and they’re on their phone, whether true or not
how many times have cops broken into the wrong door and ended up killing someone by mistake, oh sorry.. guess this guy should just be happy they are lousy shots
Typical Liberal response…
liberal? how about realistic
I thought so!
I had a officer call my cell phone one time and i told him there was no way for me to know over the phone if he was actually a real law enforcement agent and told him if he wanted to ask me anything come see me and bring your badge !
Lawyers… They do a fine job of getting business!
First off, he was involved in a “road rage” incident. Second, he had a shotgun in his hands. Third, the police had no way of knowing if the gun was loaded. Fourth, the police are always yelling, “Police department, open the door.” What would you have the police do? Maybe they should have said, “Avon calling.”
According to the police recording, they only yelled for him to come to the door, not identifying themselves as LEO’s.
“The complaint notes that an audio recording indicates there was a loud
knock, an order to come to the door and a deputy saying “He’s armed!”
before four gunshots were fired – but no announcement that the deputies
were law enforcement officers. The recording was captured by a remote
microphone Anderson was wearing.”
thats why Barney Fife only got 1 bullet… did thye really need to shot the guy four times?
how can you know “he was involved” in a road rage incident?
you would think that the police squad cars and uniforms would have told him who was there. Plus when they bang on the door they shout ” POLICE”. You point a gun at a cop who has identified himself, expect to get shot
I guess you do not know how to read . Even the police recording did not here them say police. Because the police said they said police does not make if so i would tend to beleave thier own recording first over thier testimony .
you’re grasping at straws.
see what happenms when you shoot to wound, dead man tell no tales
Head shot works every time.
Especially with a knucklehead of this caliber.
Hard to bear arms when shot?
Harder to arm bears
This guy sounds like a pillar of the community.
i bet thousands when the cops take the stand they will say “i do not recall”more times than they say anything else but in the end the cops will come out just fine.cops are protected thieves, murderers,and all around scumbags…. never ever call 911
Let me guess, you have had run ins with the law before. I am sure none of it was your fault, you were framed, the cops planted the evidence blah, blah, blah……
most times my fault but others they lie to suit themselves blah blah blah must be one of them blah blah blah
In a message dated 2/14/2012 5:06:06 P.M. Eastern Standard Time, writes:
(http://disqus.com/)
semloh wrote, in response to bdymaniam:
Let me guess, you have had run ins with the law before. I am sure none of it was your fault, you were framed, the cops planted the evidence blah, blah, blah……
_Link to comment_ (http://disq.us/5h8w9h)
W”OW.. WHAT ? REALLY?
spoken like a true criminal!
criminals have badges
In a message dated 2/14/2012 4:25:47 P.M. Eastern Standard Time, writes:
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zippy39 wrote, in response to bdymaniam:
spoken like a true criminal!
_Link to comment_ (http://disq.us/5hfpwj)
Your boat don’t float. Back up your comment with real thought.
You’ve been listening to Eric Holder to long and confusing him with real lawmen.
This is a civil suit. There is a good chance this guy gets paid and this never goes to court. That is what insurance companies do. If it does go to trial, the outcome will depend on the facts and the rulings of previous similar cases. In that case, the insurance company pays that bill too. The award will be based on what the judge feels is fair.
If this guy was innocent of all charges, really was waving a cell phone and was scared in his own home so he picked up an unloaded shotgun ( it may as well be a broom, longer handle) for protection in his own home then I think he should be paid. Those circumstances point in his favor.
If the deputies did go to his home, knock on the door, identify themselves, and then felt threatened by a perp with a firearm then I think a jury will find he got what he deserved.
Either way, insurance companies get a lot of premiums that usually exceed funds paid out so they will probably just settle this out of court. The lawyer will get a minimum of 30%so my guess is they are looking for something in excess of 500k.
I have family in law enforcement and will say this, they are not perfect 100% of the time but pretty close. Accidents happen, that is why we all have insurance.
The only thing you said valid in your comment is you have “you have family” and they are human.
It’s idiots like this that encourage cops to shoot these types in the head so they don’t have to deal with this B.S.. And this guy should consider himself lucky that he only lost an arm. When you answer an unknown disturbance pounding at your door, you hold your gun at the ready behind your back. At the first hint of things being police related – you drop the gun. He clearly failed at knowing this.
Need to Portland Herald account. Guy was drinking and was asleep on the kitchen floor. This is a civil case just looking for money.
Throw this out of court, we are probably already supporting this person. That should be payment enough….
Since when do intruders knock so we can arm ourselves before answering?
Like when they’re checking to see if your home before they rob you. Just so you know Susie…
True I thought of that aafter I posted. But then agin if you said “coming!” if it were an intruder they may have left, unless they wanted to jump you. You never know these days I guess.
Because some said you pointed a gun at them they may have mistaken or lie the police shot the man in his own home. never said they were the police. Couldn’t they have called him in for questioning? So If I make up a lie about a guy pointing a gun at me who has guns lol the police will go shot him and ask questions later. The police are to gun happy he was in the house they could have waited it out if it was a stand off. I think I would have had my gun loaded and would have used it if some guys were peeking around my house in the middle of the night.
Sorry.If they ID’ed themselves ,they needed to do what was necessary for their safety and the public’s.I’m sure like all cases where an officer discharges a firearm,this will be investigated.Thanks each and every day to those and all officers for keeping us safe!
Sorry Doug but the cops legally “disarmed” ya!!! Lol, I kill me!