WILKES-BARRE -- A federal jury has found that state troopers did not use of excessive force in a traffic stop and arrest that left a man from New York State injured.
Robert Leone of Vestal, New York filed a federal lawsuit against the troopers over injuries he says he received after his arrest in 2010.
Leone says he was beaten at the scene and then again at the hospital before he was charged in a scuffle that began as a slow speed chase near Towanda.
The five officers named in the lawsuit are Trooper Andrew Burian, Trooper Matthew Knock, Trooper Thad Warnick, Trooper Scott Refner and Corporal Roger Stipcak.
Despite police dash cam video that shows a scuffle and his booking photo, jurors found state police officers did not violate Leone's rights after a slow speed chase through Bradford County in March 2010.
In closing arguments, Deputy State Attorney General Abbegael Giunta told jurors Leone set in motion what happened at his arrest starting with a slow speed chase.
She told jurors," all Leone had to do was stop -- stop the car, stop resisting arrest, stop spitting, stop kicking, stop fighting."
Troopers had the troop commander read a statement.
"We're very grateful that the jury took the time today to consider all evidence put before them. And we're very happy at the verdict they came out with based upon the facts of the incident," said Capt. James Degnan, Troop P Commander.
"I'm optimistic that justice will be done," said Leone earlier in the day when the case went to the jury.
Robert Leone expected a favorable verdict.
Two years ago, Leone was convicted in criminal court of assault, fleeing, and resisting arrest.
In closing arguments Monday morning, Leone's defense lawyer Trent Echard told jurors, "Robert Leone served two years in jail, but state troopers gave him a life sentence of post-traumatic stress disorder and brain injuries."
Leone's legal team found the jury's decision disappointing.
"The record is what it is, in this case, and the jury made the decision. We can't really know what happened back in the jury room," Echard said.
