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Attorney Defends Officer's Detention Of 2 Teenagers

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Published: October 12, 2007

TAMPA - An attorney for a Tampa police officer faced with a temporary restraining order defended the officer's decision to detain two teenagers with a Taser.
Tampa police Cpl. Gene Strickland was being 'a good neighbor,' said his attorney, Chip Purcell.

A court has ordered Strickland, 51, to stay 100 feet from 17-year-old Donnie Lunsford and his father, Donald, who live less than a quarter-mile from Strickland in Lithia.

Donald Lunsford, 40, filed for the temporary order after Strickland caught Donnie Lunsford and his friend, Jordan Overstreet, 15, trespassing on a neighbor's land Oct. 2. In court papers, Donald Lunsford said Strickland roughed up his son, threw him to the ground and placed a Taser against his neck.

A court date is scheduled for Wednesday to determine whether the restraining order is granted permanently, which would cost Strickland the ability to carry a weapon off-duty under police department policy. Purcell said he has asked for a continuance because he has a jury trial that day.

The police department is investigating the Lunsfords' complaint that Strickland overstepped his authority. The department prohibits employees from using their authority in family or neighborhood matters unless the situation is a serious crime or involves self-defense.

Strickland was off-duty and not in uniform when he detained the teenagers for 45 minutes before Hillsborough County deputies arrived, according to a sheriff's office report and a 911 call.

Deputies issued the teenagers warnings against trespassing but did not arrest them.

Thursday, Purcell said that Strickland detained the teens specifically so they could receive the formal warnings. If they return to the property now, they will be arrested, he said.

'They have to be on the property to receive that warning,' Purcell said.

Strickland also grabbed his gun belt for protection, because the teenagers are taller than he is and he felt outnumbered, Purcell said.

According to the sheriff's office report, Strickland has a verbal agreement with the property owner to watch for trespassers on her property. He ordered Donnie Lunsford and Jordan Overstreet off the property upon seeing them about 5 p.m. on Oct. 2.

Purcell said Strickland ordered the teens away twice before retrieving the belt. When they did not leave, Strickland interpreted that as aggression, Purcell said.

'It's reasonable to assume they want to scrap with him,' Purcell said.

Wednesday, Donnie Lunsford said he told Strickland he had to grab his dog before leaving.
Purcell said Strickland pulled out the Taser because one of the teens 'spun around and bowed up to hit him.' He denied Strickland placed the Taser against Donnie Lunsford's neck

'We don't want people using the color of authority in personal matters,' Purcell said. 'That doesn't mean you can't be a good neighbor or a good citizen.'

The Lunsfords couldn't be reached Thursday.

Overstreet's father, Zane Overstreet, said he thinks Strickland had other options. He could have called the sheriff's office immediately or called the teenagers' parents, he said.

News Channel 8 reporter Samara Sodos contributed to this report. Reporter Valerie Kalfrin can be reached at (813) 259-7800.

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