A civil trial involving a Denver police officer accused of using excessive force on the manager of an East Colfax Avenue Grease Monkey store opened Monday with widely contrasting views of the event.
Was officer Vicki Ferrari, a one-time contestant on the “American Gladiators” TV show, “totally out of control,” as the man suing her said Monday? Or did the man, David Kraus, “become irate very quickly” and pose a threat to Ferrari, as her attorney said?
Kraus is suing Ferrari in federal court in Denver, alleging that she wrongfully arrested him and stuck handcuffs on him so tightly that it permanently damaged his right hand. The incident occurred in June 2007, when Ferrari parked her patrol car near the entrance of the Grease Monkey while working on a stolen-license-plate investigation.
Kraus said during testimony Monday that he politely asked Ferrari to move her vehicle to allow customers into the store’s parking lot and that she at first declined and then retaliated against him when he persisted. Kraus was issued a summons for interference with police and for unlawfully carrying a concealed weapon, both of which were later dismissed.
“She was out of control,” Kraus testified. “She could not control her temper.”
Ferrari’s lawyer, Stuart Shapiro from the Denver city attorney’s office, suggested Kraus was menacing during the exchange. He said Kraus grew angry and rude toward Ferrari. He said when Kraus approached Ferrari, he had a loaded gun in his pocket.
“To ignore someone like that,” Shapiro said, “is putting yourself at risk, and perhaps other officers and the public.”
Shapiro said Ferrari never hit Kraus and that Kraus had a history of arthritis in his hands before the incident.
Kraus’ attorney, David Lane, said Kraus had a concealed-carry permit for the gun, though he didn’t have the permit on him at the time, as required.
The trial is expected to last most of the week.
John Ingold: 303-954-1068 or jingold@denverpost.com
