nothin New Haven Independent | Werblow Estate to Sue Branford Police

Werblow Estate to Sue Branford Police

The estate of David Werblow, the mentally ill man who died after he was Tasered by police last March, filed notice today of intention to file a civil lawsuit against the town of Branford and possibly four police officers, asserting Werblow’s injuries and death were caused by their wrongful conduct.”

The Werblow estate notice of the intent to sue came two weeks after Maureen Platt, the Waterbury state’s attorney, and the state police completed a detailed investigation saying the police use of force was justified. Platt said no criminal charges would be filed against the police officers. Click here to read the story.

Both state agencies investigated the Werblow death and the role of Officer John Abley and three other officers for five months. Werblow, 41, died on the evening of March 15 after Abley deployed his Taser gun seven times.

The Werblow civil rights lawsuit may eventually be filed in either U.S. District Court or state court. The likely causes of action against Abley, the primary police officer in the case, would center on excessive force, negligence and failure to follow Branford police mental health directives in dealing with the mentally ill. Today’s Town Hall filing comes in under the six month deadline to give notice to a municipality of the intention to sue.

While the chief medical examiner ruled the death a homicide, the question of whether being tasered seven times caused his death remains open, according to the Medical Examiner’s Office. Other factors, Platt said were involved. Therefore, she wrote, The Division of Criminal Justice will take no further action with respect to use of force in this case.”

The state police report found that Abley acted legally regarding the use of the Taser: Alone and faced with a large and psychotic individual who had a history of resisting police, and who had been tasered in the past without incident, Abley appropriately used force to prevent Werblow from endangering himself and others.”

Did the Police Follow Their Policies?


The notice of the intent to sue was served on Town Hall this morning. Joseph Packtor, of the law firm of Jacobs & Dow in New Haven, represents the Werblow family. He said in the filing that Abley knew from prior encounters with Werblow that Werblow suffered from significant mental illness and was fearful of the police.” In fact, Werblow had been tasered in the past by Branford police in a prior incident. 

The Eagle contacted Packtor after the notice was filed with the town. Certainly this was a tragedy that never should have happened. The police officers involved knew David’s history and background and were well aware that he was mentally ill, he said. 

They are trained in dealing with individuals with mental illness and in this instance unfortunately, they failed to follow appropriate protocols. David had committed no crime. He wasn’t threatening anyone. He called 911 asking for help because he felt he needed medical attention. There is nothing in the information that I have looked at that justifies this man being tased seven times in quick succession, causing his heart to stop. ”

When Werblow dialed 911 for help that night, he did not ask for the police. Rather, he asked that a Guilford ambulance be sent to his home to take him to the hospital,” the notice filed today says. Instead Police Officer Abley was dispatched. The call also reveals that Werblow was clearly in a delusional state and can be heard asking the dispatchers, Can you read me, George W. Bush?” Whether an ambulance was actually sent to the group home is not yet known.

According to today’s legal notice, Packtor said Officer Abley confronted Werblow inside the group home, thereby causing him to exit his home in a panic.” Once outside, the officer shouted commands, which caused Werblow to become even more agitated and fearful.”

After weaving down the long block of Burban Drive, Werblow wound up at the corner of Jefferson Road where he got into a parked car in a driveway at 92 Burban Dr. (pictured.) At that point, Packtor wrote in his notice to the town, Officer Abley deployed his Taser and tased Werblow seven times in quick succession for a protracted period of time causing him to suffer extreme physical pain, mental anguish and incapacity.

Branford police officer Dominick Eula arrived on the scene while Werblow was being tased and assisted Officer Abley in removing Werblow from the parked vehicle, forcing him face-down on the pavement and handcuffing him behind his back. Branford police officers Lawrence Rooney and Joseph Harrington arrived on the scene and assisted in detaining Werblow. Some four to five minutes passed before the involved officers became aware that Werblow was not breathing and had no pulse. Efforts to resuscitate Werblow were unsuccessful and he was pronounced dead that same evening.”

Branford P.D. Mental Health Directive


In May, 2013, the Branford Police Department established a policy and guidelines to handle mentally ill persons. All officers are expected know the policies, which are outlined in an eight-page directive. The Eagle obtained the directive under a Freedom of Information request. They list a variety of actions police should take when dealing with a mentally ill person, including an effort to have a local mental health professional to respond to the scene, if possible or practical to do so.”

The directive tells officers that while each incident will be different, when dealing with a person who may have mental illnesses, officers should be aware that their own actions may have an adverse effect on the situation. Actions that officers should generally avoid include moving suddenly, giving rapid orders or shouting.”

Making eye contact should also be avoided, the mental health directive says, though the state police report says Abley went to a side door inside the group home to try to make eye contact” with Werblow when he first arrived. At this point, the state report says Werblow exited through the front door of the residence barefooted and wearing only a tee shirt and pants.” 

Werblow’s recurring psychotic problems while at the group home may well have prevented him from handling the police situations he encountered over the months. There is little doubt he was delusional, the state report says. The report states he would often avoid taking his medications.

It is still not clear why, given eight separate encounters with the Branford police over a two-year period, one of which involved the use of a Taser, Werblow remained in residence in the group home on Burban Drive. The home is owned by Continuum of Care, a New Haven-based non-profit. The organization purchased the residence after receiving a state grant from the Department of Mental Health & Addiction Services.

Packtor said he is in the process of evaluating information regarding the group home on Burban Drive.

There are deeper questions yet to be answered about putting the police in situations with community based mentally ill patients and vice-versa and at what point other agencies might be called in to handle psychotic situations potentially harmful to the public. One issue is whether a person in a psychotic state is able to rationally respond to clear police directives.
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