Story updated 10:49 a.m. Thursday to include statements from an additional witness.

By JIMMY LAWTON

OGDENSBURG -- An Ogdensburg man who says he was electroshocked and assaulted by police in January has filed a notice of claim against the city seeking $1 million in damages.

The claim was filed by Richard Pratt II March 16 in Ogdensburg City Court. He has since been charged with assaulting an officer for an incident that occurred Jan. 21.

Ogdensburg City Police Chief Andrew Kennedy said the department is investigating the Jan. 21st incident and could not comment further at this time.

Pratt II’s father, Richard Pratt, attended a city council meeting Monday and spoke publicly regarding the issue. He said a public records inquest he filed with city on April 17 had not yet been filled. The document requests a response within 7 to 10 business days of the reception. Ogdensburg city council said they would speak with the city manager regarding the inquest.

Meanwhile, the senior Pratt says his son has been mistreated by the city and fears his son isn’t getting a fair shake.

He alleges his son was beaten, tased and threatened by police. Additionally, he says his son was not allowed a public hearing when he was arraigned in court. He says the court was closed off to the public and city hall was locked during the arraignment. Pratt provided a video of himself unable to enter city hall during the hearing because the door was locked.

Pratt and his son filed the notice of claim with the intent of suing the city for $1 million without a lawyer.

The senior Pratt says he fears his son, who he says has been diagnosed with schizophrenia, was mistreated and intimidated by police and he worries others will experience similar treatment if he doesn’t do something about it.

“If the public doesn’t stop this now, it’s going to happen to more and more people,” he said. “I want to show people they do have a recourse when something wrong,” he said.

In his claim, Richard Pratt II, 20, says that on Jan. 21, two Ogdensburg employees electrocuted him with tasers and says one of the officers kicked him, punched him in the face and threatened to shoot him with a drawn firearm.

According to Pratt II’s affidavit, the violent incident occurred after a dispute with his grandmother’s boyfriend, Doug Braten, escalated.

His grandmother allegedly called the Assertive Community Treatment team, after an argument between the three of them. However, Pratt II says the ACT team refused to intervene. Braten then called police, documents say.

Upon police arrival, Pratt II says he was searched by police for weapons and had none. He said he was offered a ride to his mother’s house and refused it, preferring instead to walk or call his mother for a ride.

Pratt II says the police officers, Braten and his grandmother called his grandfather in St. Louis, MO, in an attempt to get three people to say that Pratt II was going to hurt himself.

Following the phone call, Pratt II says the male officer said Pratt II was “going.”

Pratt II said “I’m not going, I’m not homicidal, I’m not suicidal and I don’t want to hurt myself or others,” according to his statement.

Pratt II says he then turned around and walked away heading to his bedroom to get his things and leave, according to court documents.

“Within a few steps with his back to the officers Richard Pratt II was then shot in the back with a taser by the male officer. The female officer also discharged her taser on Richard Pratt II,” the document says.

Ogdensburg City Police Sgt. Mark Kearns, the male officer involved in the incident, filed a felony complaint against Pratt II, charging him with assaulting an officer.

In his complaint, Kerns says he was called to the scene to pick up Pratt II for a mental health evaluation at Claxton-Hepburn Medical Center. Patrolwoman Brittany Kenyon was also present.

In his deposition, Kearns says Pratt II became combative with officers and grabbed his taser while it was being deployed, in an attempt to take the taser away from him.

Kearns was forced to strike Pratt II on the head several times with his own head to regain control of the situation, according to his deposition.

In his deposition Kearns said he sought medical attention following the incident after he experienced a severe headache, blurred vision and dizziness. He was allegedly diagnosed with post concussive syndrome.

But, Pratt II tells a different story in court documents. He says he was knocked to the ground and kicked in the back roughly 18 times by the male officer.

In the court documents, Pratt II says Braten also jumped in and began strangling him by choking him from behind. Pratt II says Kearns allegedly pointed his taser in his face and yelled “I’m gonna shoot you in the face.”

Pratt II says he then allegedly grabbed the taser and pointed it away from his face to avoid being shot in the face.

Prat II says Kearns then allegedly drew his firearm and yelled “Let go of my taser or I’m gonna shoot you.”

Pratt II says he let go of the taser and the male officer holstered his firearm.

Once Pratt II was free of the chokehold and back on his feet, he says Kearns punched him in the face three times, turned him around and cuffed him.

Heather Pratt, who is Richard Pratt II's mother, says she was also a witness to the incident. She disputes her son's claim that Braten choked him.

She also disputes her son's claim that Kearns kicked or punched her son during the incident.

Heather Pratt said Kearns did draw his weapon when her son went for the officer's taser, but said she believed he was justified in doing so.

Pratt said her son was acting agressive toward everyone who was present.

But the senior Richard Pratt said he is concerned about how the city police treated his son and fears others with mental health diagnosis may have experienced similar treatment. He says also thinks the city may be attempting to sweep the issue under the rug.

Pratt says the city’s failure to respond to his public inquest and the fact that his son’s hearing took place in a non-public manner are among the driving factors in his belief.

Pratt said his son is currently waiting on a judge to decide if he is fit to stand trial.