Suit: Police killed man as he tried to kill self

Allentown officers shot work release inmate in back during arrest.

By Matt Birkbeck Of The Morning Call

A federal lawsuit accuses two Allentown police officers of ''outlandish and outrageous conduct'' in what it calls the unprovoked shooting of a man who tried to kill himself with a box cutter.

James H. Stewart, 24, died from two gunshots to his back after the officers tried to arrest him for failing to return to Northampton County Prison after a work-release assignment. He had been jailed for failing to make child support payments.

The suit, filed by attorney John P. Karoly Jr. on March 19, exactly two years after Stewart's death, alleges officer Jeremy Moll shot Stewart twice and that Moll's partner, Wesley Wilcox, yelled at him, ''What the f--- are you doing?''

Filed on behalf of Stewart's estate and his sister, Tonya Stewart, the suit accuses both officers of brutality and using excessive force. Besides Moll and Wilcox, it names former Chief Joseph Blackburn and the city as defendants, and seeks at least $300,000 in punitive and compensatory damages.

Allentown spokesman Joe McDermott said the city would issue no statement on the suit. ''It's litigation, so we can't comment on it,'' he said. ''Our solicitors and lawyers will look over it and proceed accordingly.''

Karoly, of South Whitehall Township, who has won multimillion-dollar settlements against Easton and Bethlehem in police brutality cases, could not be reached for comment.

Stewart, a handyman and father of three, had fallen behind on child support payments and in February 2005 was sent to Northampton County Prison, where he was placed in a work-release program. But he failed to return to the prison March 4, and a warrant was issued for his arrest.

Early on March 19, 2005, police received an anonymous tip that Stewart was at his sister's home at 510 Auburn St., Allentown.

According to the lawsuit, filed in U.S. District Court:

Moll and Wilcox arrived minutes later and ''pushed their way'' into the home, where they found Stewart ''sitting harmlessly'' on his bed. The officers ordered him to stand, asked his name and checked his identifying tattoos. When they told Stewart to turn around, he took a box cutter from his belt and ''tried to stab himself.''

One of the officers wrestled the box cutter away and threw it to the floor.

As Stewart stood with his back to the officers and arms to his sides, Moll shot him. Stewart fell to his knees, and Moll shot him again in the back. Stewart dropped to the floor, where he lay dying in a pool of blood.

When Wilcox yelled at Moll, asking what he was doing, Moll replied, ''I don't know! I don't know!'' Tonya Stewart, who stood behind the officers, screamed, ''You killed my brother!''

Wilcox and Moll forced Tonya Stewart to the floor, beside her brother, where she was handcuffed. The officers also handcuffed James Stewart, who was moaning and ''bleeding profusely.''

Wilcox turned to Moll, according to the suit, and said, ''My God, what did you do?''

Stewart was taken to Lehigh Valley Hospital-Cedar Crest, where he died about 30 minutes later.

At the time of the incident, police said the city's communications center received a call at 2:39 a.m. from the Auburn Street home. The caller told police a wanted man was there and he might have a gun.

As two officers tried to arrest Stewart, according to the police account, he held up a box cutter and a struggle began. One of the officers fired at Stewart, hitting him twice in his upper back.

Besides excessive force and brutality by the officers, the lawsuit alleges wrongful death, unlawful seizure, false imprisonment, denial of medical care, civil conspiracy and assault and battery.

The suit also claims Tonya Stewart suffers from a variety of emotional ailments, including ''severe fright, horror and grief.''

matthew.birkbeck@mcall.com

610-820-6581

Reporter Dalondo Moultrie contributed to this story.