Haverford Man Who Sued Police Claims Officer Perjured Himself

James Healy, who sued the Haverford Township Police Department in a case of , claims that the officer who arrested him allegedly perjured himself on the stand.

The case started back in 2007, when police pulled Healy over.

On the evening of July 6, 2007, Healy was pulled over at the on 8 Campbell Ave., Havertown. Police officer William Shields’ dashboard camera recorded the arrest. When Healy parked his 1992 Chevrolet pickup truck, he stepped out and walked towards Shields.

Off camera, Shields can be heard shouting to Healy "Get back in the vehicle" a number of times. According to the arrest report, Shields wrote that Healy put both of his hands on Shields and pushed him back.

Once back on camera, which can be seen in the 6 minute, 38 second video of the arrest that was posted on YouTube and on this news website, Shields is seen trying to put Healy on the hood of his cruiser when he used his stun gun on Healy a number of times. (Editor's note: Some people may find the following video of James Healy's arrest violent.) 

Healy was charged with driving with a suspended DUI, attempting to flee or elude a police officer, three counts DUI, duty of driver approaching of emergency vehicle, aggravated assault, driving while operating privilege is suspended or revoked, DUI related with BAC .02 percent of above, and resisting arrest, according to Shields' report.

Healy stated that he never touched Shields and filed a lawsuit of police brutality against the Haverford Township Police Department and Shields, who retired after the incident. , a federal jury found that Shields and the department were not guilty.

Had the jury reached a verdict in his favor, Healy told the Haverford-Havertown Patch at the time that he would have sought $1.5 million in punitive damages.

Healy lost his appeal.

Healy’s Claims of Alleged Perjury

In a series of interviews with Patch, Healy shared court transcripts and other documents where he claims that Shields allegedly perjured himself or made inconsistent statements while on the stand.

For example, in the affidavit of probable cause, it stated that Healy had a BAC level of .02 percent.

“Your affiant did detect an odor of an alcoholic beverage on the breath of the defendant and with the BAC level of .02 % in place because Mr. Healy has a DUI suspended license he was charged with driving under suspension DUI related, fleeing or attempting to elude a police officer, driving under suspension DUI related with BAC above .02 % …” the affidavit stated.

But according to the court transcripts provided by Healy, Shields testified that he did not give Healy a breathalyzer test while at the scene because he was going to take him to the hospital anyway for a blood test, as it would be a “better indicator of the levels.”

However, blood tests performed on Healy showed that there was no alcohol in his system, but did show that marijuana was in his system, according to a copy of the blood test that Healy provided.

In a phone interview with Patch, Shields' lawyer Robert DiDomenicis said that the retired officer handled himself professionally and charged Healy adequately and the affidavit showed why he was charged with a DUI.

DiDomenicis added that Shields declined to be interviewed for this article, wishing for the matter to be dropped.

Another incident that Healy claims is allegedly not consistent is how he supposedly pushed Shields, which Healy maintains that he did not.

From the court transcripts:

Nov. 29, 2010:

Healy’s Lawyer: All right. Now, at what point did you take your taser out?

Shields: After he assaulted me behind the driver side, the driver side front door of my police vehicle.

Healy’s Lawyer: Okay. So, let me just — so we can understand this, let’s assume that this is your steering wheel, you get out of your — you exit your vehicle, correct? The door is open?

Shields: Yes

Healy’s Lawyer: Mr. Healy is somewhere where you were at coming towards your vehicle, correct?

Shields: Yes.

Healy’s Lawyer: You are behind the door?

Shields: I’m behind the door and I’m retreating.

Healy’s Lawyer: Okay. Well, when you say “retreat,” where do you retreat to, to the back of the car?

Shields: I back up towards the street, back into the street.

Healy’s Lawyer: Okay.

Shields: Away from my driver side door which I left open.

Dec. 02, 2010:

Shields: When he tried to push me and knock me off my feet right outside on the driver’s side of my police vehicle. And he continued to come back at me and ignored my verbal commands six times to get back in his …

Healy claimed that these two pieces of testimony are allegedly inconsistent with each other. He also added that if he did push Shields the officer would have used his stun gun on him after the push. Instead, as the video shows, Shields used the stun gun on Healy when they are both at the hood of the patrol car.

Healy also said that Shields’ microphone would have picked up the sound of the push if it were able to pick up the officer’s breathing. Healy’s lawyer Michael Pileggi agreed.

“That would have been the first thing they produced (recording of the push) and they didn’t,” Pileggi said to Patch in a phone interview.

But according to DiDomenicis there was nothing produced because the push was not picked up over the microphone. However, Shields testified that a “commotion” was picked up.

Events That Lead To The Use of The Stun Gun

During the testimony, Shields recalled the incident where he was pushed. He testified that he told Healy six times to return to his vehicle “screaming as hard—as loud as I could, motioning with my finger …”

Then, Shields testified, Healy placed both hands on the officer and pushed him “back and tried to knock me off my feet. Luckily, I was able to maintain my balance.”

He continued that he grabbed Healy by the back of his shirt and took him to the front of the patrol car.

Healy’s lawyer asked Shields at what point did he use the stun gun.

“Because I felt his body started to turn towards me. His right fist was balled up and he had keys sticking out of his right fist,” Shields testified.

However Healy stated that he was closing his fist around his keys so they would not scratch the hood of the patrol car and that he had no intention of striking Shields.

Both Healy and Pileggi have claimed that Shields did not properly use the stun gun, claiming that Healy was hit with the stun gun for a full 13 seconds. However, Shields testified that Healy was not given the full effect of the stun gun, so he was not shocked for a full 13 seconds.

Healy claims that another alleged inconsistency is that according to the testimony, Shields stated that his supervisor, Sgt. Craig Scott, was at the scene of the arrest, but according to a use of force report it stated that a supervisor was not at the scene.

But DiDomenicis said that Scott was at the scene of the arrest and he can be heard on the video near the end speaking with Shields and another officer Thomas Gardener.

Witnesses To The Arrest

In a phone interview from his Florida home with Patch, Ken Silver said that he never saw Healy push Shields during the night of the arrest. Silver, who was 17 at the time, said he worked at the Lamplight Tavern as a valet.

“I did not see him push the cop. With my own eyes, I didn’t see him push the cop,” Silver said.

Silver said that he would have testified at the 2010 trial but he was living in Florida at the time and did not have the money to travel. He moved to the Sunshine State in 2009.

Jack Quinn, the owner of the Lamplight Tavern, told Patch back in 2010 that he did not see Shields being pushed by Healy.

While DiDomenicis said the only witness who saw the assault is Shields himself, he said that some witness testimony could not be relied on.

“There was one woman there who didn’t even see Healy get tasered,” he said.

A Response From The Police

In addressing Patch’s emailed questions, Haverford Township Police Chief Carmen Pettine stated Healy’s claims have been unfounded in the court of law twice.

“The outcome of this case speaks volumes for itself in that 2 separate courts of competent jurisdiction, and a competent jury, found no credible evidence supporting Mr. Healy’s claims and ruled in favor of Haverford Township Police Department and Officer Shields—twice,” he wrote.

DiDomenicis echoed Pettine’s message.

“The jury found Officer Shields to be more credible than Mr. Healy,” he said.

Pettine shared with Patch a list of events concerning Healy’s arrest and trial. It can be viewed as a PDF attached to this article.

While Healy said that he is considering going back to court, his lawyer said that he is not sure what his own role would be if Healy decides to do that.