EAST ST. LOUIS - After a previous jury concluded that Brian Schell did not resist arrest during a criminal trial in 2019, jurors at his civil trial against Madison County deputies heard the full story and decided that he did.
The jury in the civil case returned a verdict on Dec. 7 at U.S. district court in favor of Madison County deputies Eric Schellhardt and Marc Asbury, who were being sued by Schell over excessive force allegations after he was tased twice in 2018.
Schellhardt and Asbury testified about reports they received while searching for Schell, which is a subject that was off limits at the criminal trial and shed light on the circumstances of the incident and use of the taser.
The search for Schell was initiated after Schell's wife told police they argued over divorce, and she thought he might harm himself. Schell was a trained fighter and was believed to be armed.
Madison County Sheriff Jeff Connor said he appreciated the jury's agreement that the deputies' actions did not violate Schell's rights.
"This result is a relief to our deputies, who are happy that brave and selfless actions like this will not subject them to unfair civil liability, which could deter such actions in the future. And I appreciate the State's Attorney's Office's litigation team's excellent work, and their resolve in defending the county, and its taxpayers, and our law enforcement community," Connor said.
"These deputies were simply doing their best to save the life of this armed and suicidal individual while protecting the community's safety as well," Madison County State's Attorney Tom Haine added. "We will always aggressively defend Madison County law enforcement's right to take necessary and appropriate actions to serve and protect our community without suffering from meritless lawsuits."
Schell sued Schellhardt, Asbury and the county after jurors acquitted him of charges for resisting arrest. He alleged false arrest, excess force, and malicious prosecution.
His counsel Brian Polinske of Edwardsville claimed the state revoked his gun card and cost him his job as night shift security supervisor at the Hillsboro prison.
District Judge Stephen McGlynn began civil trial on Dec. 4.
Polinske told jurors Schell suffered $403,000 in loss of salary, seniority, and benefits.
He called Schell as first witness and asked if he practiced jujitsu professionally.
Schell said yes.
Polinske asked Schell if he jumped out of his vehicle regularly, and Schell said, “No, I just normally got out of the vehicle.”
Schell said he told Asbury he just had shoulder surgery.
“I didn’t even get to finish what I was saying,” he said.
“He had turned me facing like a 90 degree angle or 45 degree angle and as soon as I got turned I got tased,” he responded.
Polinske asked who tased him, and he said Schellhardt.
Polinske asked what happened, and Schell said, “My whole body just locked up. You can’t move. It’s intense pain.”
He said an ambulance came to get taser barbs out of his chest and neck and take him to Anderson Hospital.
Schell added that Schellhardt asked about pills and he told Schellhardt he took ten to 15.
Polinske asked if he was presented with a petition for involuntary commitment, and he said yes.
Schell said he stayed four days.
Polinske asked about the trial on resisting and Schell said, “I was acquitted of the charge.”
He said he was reinstated to Hillsboro and now works night security for Barnes Hospital.
Polinske asked if the state reinstated his firearm card, and he said yes.
County counsel Heidi Eckert of St. Louis County asked Schell if Anderson Hospital diagnosed him with suicidal ideation and cyclobenzaprine overdose, and he said no.
For half an hour jurors watched video that Troy officer Justin Christ recorded.
On Dec. 5, Polinske called Asbury, who stated he works as a U.S. marshal in Oklahoma.
Polinske asked if Schell moved aggressively, and Asbury said, “He’s raising his arms. He’s refusing to comply with verbal commands.”
“I wanted to quickly advance on him before he was able to pull out a gun and shoot or harm anyone else,” he added.
Polinske said, “He didn’t shoot or harm anybody else that night, did he?”
Asbury said, “No, he didn’t get a chance to.”
Eckert asked what it meant that he would locate a suicidal suspect with a firearm.
Asbury said, “There’s nothing more dangerous.”
He said sergeant Brindley advised extreme caution and told them not to deal with Schell hand to hand.
Eckert asked why they approached Schell, and Asbury said, “Because we want him in protective custody as absolutely quick as possible.”
He said Schell took a fighter’s stance and stepped toward Schellhardt, who tased him.
She asked what happened after the second tase, and Asbury said, “He finally says I’m done, I’m done.”
She asked if Schell was injured, and Asbury said no.
“Was that your goal?” she asked.
“That was absolutely the goal,” he responded.
“The taser worked perfectly. It did as it should,” he added.
Eckert asked if they located a gun, and he said yes.
She asked if there was a bullet in the chamber, and he said yes.
Polinske asked Asbury if the gun was illegal, and Asbury said no.
Eckert called Schellhardt, who said, “You can see him in the video take a step towards me, and that’s when I decide that I cannot fight an MMA fighter.”
MMA stands for mixed martial arts.
Eckert asked Schellhardt what happened when he tased Schell, and he said, “He started screaming, and he went to the ground.”
Schellhardt continued testifying on Dec. 6, saying Brindley expressed that Schell was less than cooperative in past encounters.
He said the situation was dangerous because Schell was mobile, and Eckert asked why.
“Because you don’t know where you’re going to encounter him,” he said.
Eckert asked if he added backup from Troy, and he said yes.
She asked, “Could you have stopped him by yourself?”
Schellhardt said no, and she asked why not.
“Because it wouldn’t have ended well,” he responded.
She asked if he was concerned he would be shot, and he said yes.
He said Asbury got a handcuff on Schell’s wrist and Schell tensed, resisted, and turned.
She asked what he did, and he said, “I immediately withdrew my taser.”
“He kept one of his hands underneath him near his waistband,” he responded.
“I was still under the impression he was about to pull a firearm and shoot one of my two partners in the face or anywhere,” he added.
She asked what he did, and he said, “I tased him a second time.”
She asked what happened, and he said, “He becomes compliant.”
She asked if he testified at the first trial about reasons for protective custody, and he said no.
“There was a court order prohibiting me from speaking to the facts of the case," he said.
Polinske objected, and after a sidebar Schellhardt said an assistant state’s attorney told him they could only say it was a wellness check.
Polinske and Eckert presented final arguments on Dec. 7.
Jurors began deliberating at 10:37 a.m. and cleared Schellhardt and Asbury of any wrongdoing at 12:30 p.m.