Expert on use of force testifies in Bryon Vassey trial

BRUNSWICK COUNTY, NC (WWAY) — On day 10 of the Bryon Vassey trial, an expert on use of force took the witness stand.

Vassey is accused of killing teen Keith Vidal in 2014.

Monday morning, the defense called Dave Cloutier to the witness stand. Cloutier is an expert witness on use of force. Cloutier served in the Marine Corps and National Guard before working for the Goldsboro Police Department. Cloutier then worked for the North Carolina Justice Academy.

Cloutier said he has been called in 243 cases. He said about 98 percent of those cases involved use of force. Cloutier said he has received an advanced law enforcement certificate.

Cloutier was asked to analyze Bryon Vassey’s case of use of force. He said he always tries to visit a scene where the incident occurs to get the officer’s perspective when the force was used.

He said he measured the hallway where the Vassey incident occurred. He said the scene seemed to be confining.

In his observation, Cloutier said the hallway was about 15 and a feet long and 37 inches wide. He said there was a bedroom, bathroom, kitchen and a locked room connected to this hallway. He said there was also a thermostat in the hallway. He said these variables can impact an officer’s decision to use force. Gender, age, size, weapon, location, and threatened use of a weapon are also variables.

Cloutier said glaring, body stance, clenched fists and stepping back on a strong foot can be considered a pre-attack cue that officers look for when determining whether to use force.

The defense presented Cloutier with a pick or screwdriver that was used at the crime scene the night Vidal died. Cloutier said this pick is actually more dangerous than a screwdriver. He said it was capable of death or serious injury.

Cloutier began explaining the 21 foot principle before court recessed for lunch. Then, Cloutier described the pre-attack cues or forcible variables found in Keith Vidal the night he died.

Cloutier said Vidal had a weapon. He aggressively drew that weapon and held it in an aggressive, ice pick style way. Vidal would not drop weapon. He continued to ask individuals about fighting him. Cloutier said he would not drop the weapon to talk to officers. The confinement of hallway was a variable. Vidal was described as having a scowl or hateful look. After 5 second taser cycles, Vidal was lifting officer Thomas off the floor. Officer Thomas said he was not able to control his hand. Thomas said Vidal was tapping the pick on his taser case. He said the pick hit him near his abdomen at least three times.

Cloutier said in his opinion, Vassey used an appropriate method of lethal force to protect officer Thomas from Vidal that night. Cloutier said it is an officer’s duty to protect another officer in danger according to their training. Cloutier said a reasonable officer would have seen an imminent risk during that incident.

The state asked Cloutier about some of the language Vassey is accused of using that night. The state asked Cloutier if is was appropriate for Vassey to say, “We don’t have time for this sh**. Tase his a** or subdue him.”

Cloutier said it may or may not have been reasonable depending on the situation.

The state then asked Cloutier, why officer Thomas did not draw his weapon on Vidal. Cloutier said Thomas was afraid to draw his taser on Vidal, because he was scared to infuriate Vidal.

The state asked Cloutier if an officer could use other techniques on an individual besides lethal force. Cloutier said they can, but it would depend on where any other officers are and where the individual is.

For live updates in the courtroom, Follow WWAY Weekend Anchor Hannah Patrick on Twitter @Hannahpatric.