Thomas v US, CA 87-1820
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
WILLIAM THOMAS, et. al., )
Plaintiffs Pro Se ) CA 87-1820-LFO
) Judge Oberdorfer
NEWS WORLD COMMUNICATIONS, et. al., )
DECLARATION OF ROBERT DORROUGH
CONCERNING FEBRUARY 1, 1987
I Robert Dorrough, plaintiff pro se in the above entitled
action, hereby declare under penalty of perjury that the following
is true and correct to the best of my knowledge:
1. On February 1, 1987 I was in Lafayette Park and engaged in
the recreational activity of playing in the snow. I was joined in
this pastime by Andrew Hammerman, age 20, Denny Geisler, age 4, and
Jenia Geisler, age 8.
2. At approximately 1:30 we were approached by Officer Hewick
of the U.S. Park Police, who told us: "This is going to have to
3. I inquired why, and Officer Hewick replied: "because it's
4. He then grabbed an ice breaking hoe that I had been using
to form snow blocks. "What's this, and what are you doing with
it?" Officer Hewick asked me.
5. "A shovel" I said, "and I'm keeping it within three feet
6. "I'm confiscating it." Officer Hewick said. Standing
opposite me on the other side of the snow wall he pointed the metal
end of the snow hoe at the wall. "Move!" He commanded.
7. Wait a minute. Who told you to do this?" I inquired.
8. "My sergent." He replied.
9. "What's his name?" I asked.
10. "Sergeant Wilkens. Now move." He plunged the hoe into
the snow wall, damaging it.
11. "Wait a minute, let's reason this out." I pleaded. He
ingnored my pleas and continued his destructive behavior.
12. Feeling as though I did not have his attention I walked
around the wall and stood between him and the wall.
13. "You can't do this without a reason." I said. He nudged
me with the hoe. I instinctively grabbed the end of it to protect
myself from injury. "If you want to destroy it get your own
shovel." I suggested.
14. Officer Hewick became enraged and attempted to strice me
with the opposite end of the hoe. Fearing physical harm, I took
the hoe away from him, and threw it some distance away.
15. Officer Hewick lunged at me. I tried to back away from
him, as he had the look of a mad man. I was prevented from
retreating by two uniformed Secret Service agents who seized me
16. Officer Hewick tried to throw me down. I did not
resist, yet he was unable to do so. I sat in the snow.
17. Then he attempted to choke me.
18. I asked the S.S. agents if they wanted to cuff me, and
extended my hands. They put on handcuffs.
19. Officer Hewick then moved around behind me and stepped on
the handcuffs, cansing severe pain and lacerations on my wrists.
20. I looked up and saw Andy Hammerman shoring up part of the
damaged wall. Officer Hewick went over and shouted something at
him. Andy Hammerman started backing away from Officer Hewick.
21. Officer Hewick attacked Andy as he was backing away,
grabbed him and threw him to the ground, sat on top of him and
22. As I was sitting there on the ground I saw USPP Officer
Mitchell, whom I have known for a number of years. I called him
over and he took charge of me from the two S.S. agents, and
transported me to the USPP sub-station at Hains point.
23. I was charged with Disorderly Conduct, posted ten
dollars, and was released with a court date of March 17, 1987. I
was also issued citations for "threatening, resisting, interfering
with a government employee engaged in official duty." 36 CFR
2.32(a)(1), and "erecting structure to include shelters such as
tents, boxes, and other structures: 36 CFR 7.96 (5)(x)(4), and
24. Before I was released, or had any knowledge of the
charges against me, I had the opportunity to exchange some words
with Sergeant Wilkens. I asked him if it was true that he had told
Officer Hewick to come and destroy our snow castle. He responded
affirmatively. I asked if he had contacted the Solicitor's Office.
He responded that there woas no need for that. I asked if the
parks were for recreationsl purposes. He did not respond and
disappeared. I was unable to inquire further.
25. Even though I was charged with violations of the
regulations I feel as though I was the one that was violated. I
believe that I was doing something entirely harmless, and that
there was no cause for the police abused I suffered.
26. In addition to the physical abuse which I suffered, I
also suffered embarrassment and humiliation.
27. Additionally Denny and Junia Gesiler, the two children
for and with whom I was building the castle, and for whocm I was
responsible at the time of Officer Hewick's attack, were both
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