Federal jury sides with Town of Vestal, officers in 2011 excessi - WBNG.com: Binghamton-area News, Weather, Sports

Federal jury sides with Town of Vestal, officers in 2011 excessive force lawsuit

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(WBNG) -- A federal jury has cleared Vestal police officers of using excessive force while responding to a shoplifting complaint in 2011.

According to federal court documents, the jury sided with the Town of Vestal and officers Jared Fiacco and Joseph Kennedy on Friday.

On Halloween 2011, police responded to Famous Footwear on the Vestal Parkway for a shoplifting complaint.

When police responded, Wayne Hicks hit Officer Fiacco with his car while trying to get away. Hicks was convicted on felony assault charges for the act in October 2012 and sentenced to six years in prison.

Hicks' lawsuit, which was filed in 2014, claimed officers Fiacco and Kennedy used "unreasonable and excessive force" by firing gunshots into Hicks' car as Hicks was trying to drive away, which he claims led to injuries, including "physical and psychological pain and suffering." 

The attorney representing the Town and the officers had previously denied any wrongdoing by Vestal police officers.

12 News has reached out to both sides' representation for reaction on the decision, but has not yet received a response.

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