On March 12, 1999, Thomas L. Genge, 42, died while in custody of the Lincoln City, Oregon, police. Genge was stopped at 12:34 AM by Officer Craig Grabenhorst under suspicion of drunk driving. The suspect was given a sobriety test which he failed and was placed under arrest. A second officer, Frank Harris, arrived on the scene about the time the arrest was made. The police report indicates Genge was uncooperative and was thrown to the ground and forcibly restrained. After Genge repeatedly complained of pain in his back, an ambulance was called at 1:09 AM. The ambulance arrived at 1:18 AM and left with Genge for the hospital at 1:41; on arriving at the hospital Genge was not breathing and efforts at resuscitation were discontinued at 2:15 AM.
On March 31, the day after the grand jury closed the investigation of Genge's death, Lincoln City Police Chief Doris Conley interpreted the grand jury's closing without an indictment as a "conclusion that Officer Grabenhorst and Officer Harris did nothing beyond the scope of their professional duties the night of the unfortunate incident." However, according to a June 18, 1999, Newport News-Times article, "Lincoln City officer found to have used excessive level of force" by Shaun Hall, Oregon State Troopers who have subsequently analyzed a videotape of the police handling of Genge conclude Officer Grabenhorst used excessive force when he "used his knee against Genge's lower left side."
The N-T article repeats the officers' statements that Genge never struck out at officers and that his resistence consisted of stiffening, shoving his hands into his pockets, and failing to turn around when told to do so. At this point the officers "elected to take Genge to the ground." OSP Trooper Frank Lamport says Genge engaged in "active but not combative resistance."
Lamport further describes Officer Grabenhorst's knee to Genge's lower back as a "body drop technique," apparently indicating the officer dropped his full body weight onto Genge's lower back while Genge was lying face down or on his side on the ground. The autopsy showed Genge had three broken ribs, a ruptured spleen, over a gallon of blood in his abdomen, and died of blunt force trauma to his chest and abdomen.
Imagine all that damage from a single knee-drop to the lower ribs and lower back! And what is "active but not combative resistance"? Numerous other questions and apparent inconsistencies in the accounts have been noted and inquiries are underway by this website staff.
The Don Q. Society has contacted the Lincoln City Police, the Oregon State Police, and the News-Times for additional details. We are seeking to view the videotape and we have recently learned that the News-Times reporter, Shaun Hall, also did not view the videotape - which was produced by a camera mounted in Officer Grabenhorst's patrol car. We have submitted the following list of questions to the paper and have received partial answers; no answers have yet come from the police agencies:
1) Did the Grand Jury see the video tape?
2) Where did the tape come from? Official police tape? bystander tape? etc.
3) Has the N-T access to the video?
4) Did the Grand Jury make statements supporting Chief Conley's claims of exoneration? Or, was the Chief's claim based solely on the GJ failure to indict at that time?
5) The autopsy report says Genge died from blunt trauma to the abdomen and chest. A single knee-drop to the lower back and side might not produce injury to the chest area. Were there other blows struck?
6) How much does Officer Grabenhorst weigh?
7) The N-T article of 6/18 does not clearly state that Genge was flat on the ground when the injury to his back-ribs occurred. Was this the case? How could the suspect struggle or be considered dangerous in that position?
8) WHAT DOES "Active but not combative resistance," mean? Was Genge doing more than stiffening and keeping his hands in his pockets?
The Don Q Society intends to follow-up on this story with details and any additional information that becomes available.