$216,500 Award to Couple : County Will Contest Shear Madness Verdict

Nearly six years after the Shear Madness incident, James Woodward says he is still searching for justice.

“I still can’t believe it happened,” said the 42-year-old hair stylist, a former combat Marine. “I turn it over in my mind but I can’t analyze it and justify it and come up with an answer.

“The only time I didn’t think about it was that year I was hiding up in the mountains, taking every pill I could get into my mouth.”

On Nov. 6, 1981, Woodward and his wife, Kelly, had a brief but violent confrontation with two sheriff’s deputies at Woodward’s Shear Madness Haircutting salon on North Highway 101 in Solana Beach.

The incident began with a noise dispute between Woodward and a ballet teacher and ended with Woodward and his wife being arrested for allegedly assaulting the deputies. Woodward suffered injuries that put him in the hospital for a week.

Judgment for Couple

In 1982, a Vista jury found the Woodwards innocent of the criminal assault charges. And last month, a San Diego jury awarded the Woodwards $216,500 in damages and $27,717 in legal fees, the biggest judgment ever granted in a brutality suit against the San Diego County Sheriff’s Department.

The county counsel is now appealing the judgment.

Woodward and his attorney, Gregory Weeks, say the case points out how difficult and expensive it is for a citizen to seek redress when the formidable apparatus of the county government--prosecutors, the Sheriff’s Department and the county counsel--closes ranks.

“They have all the tools to work with, and all the time in the world,” Woodward said. “Their lives aren’t affected. I’m the one out here with my life dissolving.”

The deputies had been called to Shear Madness after Woodward verbally threatened the ballet teacher, whose studio was next door to his salon.

The sequence and details of the confrontation are in dispute but this much is known: A simple process of writing a citation erupted into anger and hostility, the Woodwards were arrested and handcuffed, and James Woodward was choked and hit with fists and a night stick.

According to testimony at the civil trial, Woodward has suffered severe psychological trauma from the beating by Deputies Paul Roberts and Robert Takeshta. He slipped into bouts of drug and alcohol dependency.

Marriage Ends

The couple’s marriage eroded into divorce and Woodward has been unable to return to either hair styling or selling real estate. Except for a brief period in 1982, he has been unemployed. He now lives in Carlsbad while his legal bills mount.

The hair-styling business was sold and Woodward is under continuing psychiatric care. He spent two 6-month periods as a virtual recluse in the Riverside County mountain community of Idyllwild, then went through a paranoid spree of buying numerous guns.

In an appeal filed last week, Deputy County Counsel Nathan C. Northrup argued that the civil judgment should be reversed, or a new trial ordered, because the jury should not have believed the testimony of the Woodwards over that of Roberts and Takeshta. A hearing is set for Aug. 7.

“Simply stated, the evidence presented at trial with respect to the liability of defendants consisted only of the testimony of plaintiffs James and Kelly Woodward themselves,” Northrup wrote.

” . . . According to plaintiffs’ testimony, two well-trained, experienced deputy sheriffs methodically beat on and battered plaintiff James Woodward with fists and baton, in broad daylight on a main thoroughfare of a heavily traveled business district . . . plaintiffs’ description of the events is completely implausible.”

Actually, according to testimony from the Woodwards and the deputies, the fisticuffs--however severe or whatever the provocation--occurred not in the street but in one of the small haircutting booths in the salon.

The appeal also asserts that there were irregularities in the jury ballot forms and various misreadings of the law during the case. The decision to appeal was made by the county counsel’s office.

Irritating Motion

“What really irritates me about the county counsel motion is the whole thrust that the jury was wrong, that it is absolutely incredible that a jury could believe private citizens rather than police officers,” Weeks said.

“That is the same attitude that the (San Diego) Police Department had in the Sagon Penn case. Authorities seem to totally ignore the possibility that officers can lie.”

Chief Deputy County Counsel Daniel J. Wallace, who has supervised both the trial and appeal aspects of the civil case, said his office would be derelict in its duty to the Board of Supervisors if it declined to appeal.

“We’re just exercising our responsibility to explore all avenues and rights for our clients,” Wallace said. “We believe there were errors made in the trial. We’re entitled to a fair trial just like the plaintiffs.”

Asked why the appeal displays a continuing belief in testimony given by the two deputies, testimony that failed to sway either the criminal or civil juries, Wallace responded: “I’m not prepared to answer a question like that.”

Deputy Roberts, 33, an eight-year veteran now assigned to the vice squad, and Takeshta, 37, an 11-year veteran who has since been promoted to sergeant, declined requests for interviews, on the advice of their attorneys.

Roberts and Takeshta, assigned to the Sheriff’s Department substation in Encinitas, had gone to Shear Madness that sunny morning to intervene in a dispute between Woodward and the proprietor of the ballet school next door.

Pushed to Ground

In the melee that followed, Kelly Woodward was pushed to the ground and then arrested, taken to the County Jail at Vista and subjected to a body cavity search by matrons.

James Woodward was put in a choke hold and struck one or more times with fists and a night stick before being arrested. The deputies asserted that they thought Woodward was searching for a pair of scissors to use as a weapon but Woodward testified that he was brutalized after being handcuffed.

Woodward suffered bruises on his face, neck and stomach, which were shown graphically in pictures displayed to the jury during the trial of the civil suit.

The Woodwards said they suffered from psychological trauma, sleeplessness, nightmares and headaches, and that James Woodward had become sexually dysfunctional.

Woodward’s psychiatrist confirmed those findings but a psychiatrist hired by the county counsel testified that Woodward had a paranoid, histrionic, antisocial streak even before the Shear Madness incident.

The jury found that James Woodward’s arrest had been valid but that he had been battered by both deputies, particularly Roberts.

‘His Own Worst Witness’

“Deputy Roberts was his own worst witness,” said one juror, who asked not to be identified for fear of retaliation by sheriff’s deputies. “He came across negative, angry, antagonistic, like somebody who would take offense quickly rather than compromise.”

The juror said Takeshta “seemed more sincere but, once his fellow deputy needed help, he went overboard and was excessive.”

The jury decided that Woodward was entitled to $175,000 in general damages from Roberts and the County of San Diego; $7,500 in punitive damages from Roberts; $30,000 in general damages from Takeshta and the county, and $2,000 in punitive damages from Takeshta. Kelly Woodward was awarded $2,000 in punitive damages from Roberts.

State law provides that judgments against law enforcement officers can be paid by their agencies, although they need not be.

No decision has yet been reached on whether the county will pay the punitive damages assessed against the deputies, Wallace said. The deputies have retained outside counsel on that issue.

A jury in a civil case need not be unanimous to reach a verdict, and the Woodward jury, which deliberated for nearly two days, was split on all the questions posed to it. Nine votes are needed for a verdict.

On the major issues, the jury split 10-2. Juror Harry R. Callendar, a retired Marine gunnery sergeant living in Santee, thought James Woodward was faking.

Damages Figure Lowered

“Some of the jurors wanted to give them $600,000 or more,” Callendar said. “That was way out of line. The more we fought, the lower the figure became. The woman seemed hurt but the guy was just an actor, B.S. about 90% of the time.”

Callendar said he thought the deputies “got a raw deal. The woman probably deserved a little money for that body search, but the guy, nothing. I feel he got what he asked for.”

But the other juror, speaking for the majority, said the incident “would have been totally different if the deputies had had a conciliatory attitude.” He said the jury majority felt the incident tragically left Woodward “unable to cope with daily tasks and problems.”

A native of Tennessee, Woodward spent four years in the Marine Corps, including 13 months in Vietnam and a stint in the Dominican Republic in 1965 when the Marines were ordered in to restore order. Woodward was wounded by shrapnel in Vietnam and received a Purple Heart. He left the service with an honorable discharge and the rank of sergeant.

In the years before the incident, Woodward had attracted a growing clientele to his hair-styling salon, both men and women. He and his wife (an airline employee) enjoyed travel and were caught up in the real estate fever of the 1970s.

They remodeled their home in La Costa (now being rented out) and looked forward to engaging in full-time real estate investment. They had no children.

In a jury trial in Vista in 1982, Woodward was found innocent of misdemeanor charges of resisting arrest, battery on a police officer and fighting in a public place. He was convicted of having challenged the ballet school proprietor to fight and was sentenced to unsupervised probation.

Wife Found Innocent

Kelly Woodward was found innocent of resisting arrest and battery on a police officer.

In April, 1982, the county rejected Woodward’s claim for $45,000 from the incident, paving the way for a lawsuit, which was delayed by legal skirmishes over obtaining personnel records on Roberts and Takeshta.

An attempt at non-binding arbitration ended in November, 1986, with the arbitrator recommending against the Woodwards. They refused to accept that decision and proceeded to court.

The deputies’ version of the incident begins with Deputy Roberts responding to an 11:30 a.m. call from Lester Ingber, a teacher and co-owner of the Emporium of Ballet Arts.

Ingber reported that Woodward, in complaining about the continuing noise and music from the ballet studio, had threatened him. Ingber said he wanted to make a citizen’s arrest on Woodward.

Roberts talked to Ingber and two of the ballet students, then went next door to talk to Woodward. He told him that Ingber wanted to make a citizen’s arrest and that Woodward would merely have to sign a citation and promise to appear in court to settle the matter.

“As I was doing so, Woodward became agitated,” Roberts wrote in his arrest report. “He began to pace the floor. He was using obscenities and throwing his hands about in a very angry manner.”

At Woodward’s suggestion, Roberts then went to a real estate office on the opposite side of Shear Madness to talk to employees about noise problems from the ballet studio.

Interviews Interrupted

According to Roberts, Kelly Woodward then appeared on the scene, interrupting his interviews with the real estate office’s employees.

Roberts wrote that Kelly Woodward was warned that she would be put under arrest if she did not stop pestering him and that she replied: “Take me to jail. I want to go. Take me to jail.” She then left and joined her husband.

Roberts had requested a backup and Takeshta soon arrived.

According to the arrest report, the two officers were standing outside Shear Madness when Woodward came out “throwing his hands about wildly, exclaiming that he was the victim and he and his wife were being made out to be the suspects.”

“He then began to insult us personally, making reference to police officers being the lowest forms of life,” Roberts wrote. “All during his oration, he became more agitated with each sentence.”

Roberts said that Woodward challenged him to a fight (“The only thing between me and you right now is your badge,” the report stated) and that both of the Woodwards began to berate the officers and act irrationally.

Woodward was informed that he was under arrest but pushed his wife into the deputies and bolted into the salon, Roberts said. “It appeared to me that he was reaching for a weapon, possibly a pair of scissors,” Roberts wrote.

The Woodwards and both deputies were soon inside Shear Madness, with Kelly Woodward beating on Takeshta, Woodward swinging at Takeshta with his fists, and Takeshta hitting Woodward once in the face with his baton, according to the report.

Continued to Fight

“While we were attempting to place the handcuffs on him, he continued to fight and resist the arrest with extreme violence,” Roberts wrote. “He was resisting with so much violence that I placed a carotid restraint in an attempt to gain control. He continued to fight until he began to lose consciousness.”

Both Woodwards were then arrested and James Woodward was taken to Scripps Memorial Hospital-Encinitas for treatment.

The Woodwards’ version of the incident differs in key respects with that of the deputies. Woodward denies being agitated at the citizen’s complaint procedure.

Woodward denies the “badge” comment or insulting the deputies. Both he and his wife testified that the violence took place, from beginning to end, inside the salon, and did not start out in the street, as the deputies asserted, with Woodward pushing his wife and running back to the salon.

“Roberts just seemed ready to explode (after returning from the real estate office),” Woodward said. “I was handcuffed, beaten and put in a choke hold. I think Roberts wanted me to shut up because I was yelling for Kelly to get help.”

Roberts is 5-foot-11 and 230 pounds. Woodward is 5-foot-11 and 165 pounds, and his wife is 5-foot-5 and 112 pounds. Weeks, the Woodwards’ attorney, said a comment about his weight may have infuriated Roberts.

Size Remark Resented

“Jim made a comment about Roberts needing some exercise,” Weeks said. “Roberts clearly overreacted and got excited, agitated and (angry) because he didn’t like Woodward’s mouth.”

The jury rejected the claim that James Woodward had been subjected to a false arrest, but concluded that Kelly Woodward had indeed been falsely arrested. Now 41, she is still an airline employee; the couple separated in June, 1985, and the divorce will soon be final.

Woodward returned to work briefly in 1982 but found himself unable to continue and ultimately sold the business. Both he and his wife have real estate licenses but are not actively involved in the business, state Department of Real Estate records indicate.

The jury award to the Woodwards was by far the largest such award, or out-of-court settlement, ever made in an excessive force case against San Diego County sheriff’s deputies, according to the county counsel and chief administrative officer.

The general damages are to cover lost income, medical costs and suffering, including a partial hearing loss. Initially, the lawsuit had sought $850,000.

Woodward, who had no criminal record before his arrest, said he had always thought of himself as a law-and-order advocate. He rates his political views as moderate to conservative.

“All my life I figured police were there to protect and serve,” Woodward said. “I just can’t justify the fact I was beaten and choked. Even in Vietnam I was never choked out.”