He claimed he was a victim of Modesto police road rage. What the jury decided

A federal jury in Fresno has ruled that two Modesto police officers did not violate the civil rights of a man who claimed in a lawsuit that he was roughed up and arrested after a road rage incident with one of the officers in 2012.

Salida resident Harvey Holcomb, 50, sued Modesto and the officers in July 2013. The matter went to trial over several days this month. The eight-person jury ruled Aug. 18 that Sgt. Jerry Ramar did not make a false arrest and that he and officer Ben Kroutil did not use excessive force.

“We feel grateful that the officers have been completely vindicated,” City Attorney Adam Lindgren said. “We hope this sends a positive message that Modesto will not pay to settle claims that are filed against police officers that have no merit. We will go to court to defend false claims against our officers.”

Lindgren said he expects Modesto’s costs of defending itself will be about $450,000. He said Holcomb’s attorney asked for as much as $2 million in damages at trial.

Holcomb was represented by San Jose attorney Anthony Boskovich.

“We are obviously disappointed with the verdict, but Mr. Holcomb had his day in court,” Boskovich said. He said this was a difficult case because it came down to Holcomb’s version of events versus the officers’. He said there was no body camera evidence. Boskovich said Holcomb’s stepson, Bryan Turner — who was riding with Holcomb — was not a reliable witness.

Though Holcomb and Turner were charged with misdemeanor resisting arrest, prosecutors dismissed the charges because they were not sure they could prove them beyond a reasonable doubt.

Holcomb’s lawsuit claimed he was driving west on F Street in May 2012 in a sport utility vehicle when Ramar — who was working undercover and driving an unmarked car — pulled in front of him as he made a left turn from the Police Department parking lot. Holcomb slammed on his brakes to avoid hitting Ramar.

Holcomb claimed Ramar “glowered at him in a menacing manner,” and Holcomb told Ramar “what he thought of him and drove on his way.” Ramar then made a U-turn and followed Holcomb, who parked alongside the curb so his stepson could look for his cell phone. The contents in the SUV had scattered because of the sudden stop. Holcomb was pulling himself out of his SUV when Ramar approached him on foot. Holcomb claimed Ramar and other officers pulled him from his vehicle and assaulted him.

The lawsuit states Holcomb was disabled and used a wheelchair on occasion. He had the wheelchair in his SUV that day, and was taken in his wheelchair to the downtown jail.

But attorney Blake Loebs — who represented Modesto at trial — said Holcomb was speeding and Ramar was driving correctly. Loebs said Ramar followed Holcomb to see if he needed help because Holcomb was driving and behaving erratically, including honking his horn and swearing. Loebs said officers did not assault Holcomb.

Ramar said he identified himself as a police officer but claimed Holcomb raised his hands as though he wanted to fight, swore at him, and refused to get back into his vehicle despite repeated commands to do so, according to Ramar’s police report. Boskovich has said Holcomb did not know Ramar was an officer, though Ramar said in his report that he had put his police vest on.

Holcomb fell after he was bent over a patrol car and handcuffed, according to Ramar’s report. Loebs said Holcomb’s legs gave way, but officers tried to break his fall.

This story was originally published August 26, 2017 at 5:06 PM with the headline "He claimed he was a victim of Modesto police road rage. What the jury decided."