The Columbia man who has filed a half-million-dollar lawsuit against a Howard County police officer he claims battered him took the stand during his trial Friday, as did the officer.

Pfc. James Tippett punched Marquis Xavier Kent, 20, three times after Kent kicked him while resisting transport by police, according to a police report.

But Kent maintains that he did not kick the officer and has filed a $500,000 dollar lawsuit against Tippett, claiming brutality and excessive force.

On Dec. 1, 2008, Kent assaulted a woman and led investigating officers, including Tippett, on a foot chase through a Columbia neighborhood and into Kent’s mother’s townhouse. Tippett was able to kick in the townhouse door and arrest Kent, according to a police report.

During testimony at the trial in Howard County Circuit Court Friday, Tippett said Kent was using expletives throughout the incident. According to the report, Kent yelled profanities, saying, “I didn’t do anything, what are you locking me up for,” and, “Take these cuffs off me, I’ll fight you now.”

When Kent refused to put on his seat belt a police cruiser, Tippett said he tried to forcibly put in on him.

“I thought, for his safety, it would be better if he was buckled in,” Tippett said.

But Kent resisted and kicked Tippet, according to the report.

That’s when Tippett punched Kent three times.

“I continued to strike him until he stopped” being physically aggressive, Tippett said in court.

When Kent first testified, he said that Tippett did not try to put on his seat belt. But when cross-examined by Louis Ruzzi, the attorney for Howard County, Kent said Tippett did ask him to put it on.

During their opening statements, both lawyers agreed that the case came down to who was more believable: Tippett or Kent.

“Someone’s lying, someone’s not telling the truth,” Kent’s attorney, Tim Davis, said.

Ruzzi said Tippett considered Kent a physical threat and responded appropriately.

“Police officers are given certain tools to do their job,” Ruzzi said. “They don’t have magic dust they can sprinkle on folks that are abusive.”

He also said Kent’s injuries were minor and noted that Kent did not need to go to the hospital after the incident.
Davis, however, said Tippett acted out of malice when he punched Kent.

“Officer Tippet says ... his only way to defend himself, protect himself, was to punch my client in the face three times,” Davis told the six-member jury.  “(Kent) was punched in the lip ... and he has a permanent scar on his face because of that.”

When Kent took the stand, wearing jeans and a blue-and-gray striped sweater, he said that he requested medical treatment after he was punched, but didn’t receive any until his arrival at the Howard County Detention Center.
Ruzzi said it was illogical that Tippett would punch Kent without being physically threatened.

Davis, however, said Tippett was the kind of officer that “shoot(s) first, ask(s) questions later.”

Ruzzi pointed out that Tippett has received a bronze star and other accolades from the Howard County Police Department.

Circuit Court Judge Louis A. Becker is presiding over the trial.

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user comments (22)

user givemeabreak says...

The man was cuffed at the time, yet the officer asked the cuffed suspect to put on his own seatbelt? This cop just felt like punching this guy because he ran and was talking smack after he was arrested. The guy was already in cuffs and in the cruiser, if this cop needed to punch him to get him under control, this cop needs to find a new line of work. Not to worry though officer Tippett, the police jock sniffers will be here soon to defend your assault on a cuffed man. "Ruzzi said it was illogical that Tippett would punch Kent without being physically threatened." Indeed, but it is also illogical for a drunk off duty cop to wave his gun in a citizen's face, or for a male cop to punch a 50-something drunk woman in the face in order to arrest her, or for a cop to choke an arrestee out when the arrestee was not resisting arrest or assaulting the officer, etc. We have some good cops, but we also have a bunch of drunk, stupid, ignorant, violent, wanna-be fratboys who have no business being police officers. I would like to have punched Kent too, but the difference is that I would get arrested for assault; in the HoCo PD, punching a cuffed suspect gets you "a bronze star and other accolades." What a joke.

Posted 5:12 PM, 12.17.10 | Permalink

user didactic1 says...

well, givemeabreak expresses my thoughts: suspect no angel, but does that deserve a beating? I sense an increase in police assaults in Howard county but don't have actual statistics. And I do realize that people who get themselves in trouble can complain about brutality when in fact they are forcibly resisting arrest. I suppose an independent panel might be in order to see if the police are properly trained to make arrests of admittedly obnoxious suspects. If the suspect moves around, tries to run, but doesn't use a weapon, how far can the cop go to make the arrest there and then?

Posted 12:11 PM, 12.18.10 | Permalink

user marylander says...

There are good and bad in this world and some even in Howard County, imagine that! The theme seems to be that suspects are innocent until proven guilty, as it should be. But we need someone to act on our behalf to identify and arrest those in our community who have broken the law. The people who have accepted that role on our behalf are the police. They are in harms way, traveling in locations we may not even know exist, dealing with people we don't want to acknowledge even live in Howard County. It sounds like the person suing the County and Police was being arrested for a crime and it does not sound like he was a stellar citizen in this process. The police officer hit him 3 times. Now I don't see how this equates to a beating. I am sure it hurt but he did not taize him, he did not shoot him, didn't even waive his gun in his face. He hit him 3 times, got him under control and took him to jail. It seems to me that while he may have been rough, it isn't worth making the suspect RICH. $500,000 is a lot of money. And we are the ones who would have to pay it through our taxes and by diverting those tax dollars from a worthy project to enrich the suspect. COME ON, this is ridiculous. It should not even be in court. Maybe the officer needs some anger management training but the suspect deserves nothing other than a fair trial.

Posted 6:12 PM, 12.18.10 | Permalink

user elkhornstrangler says...

The HoCoPo that I've encountered aren't satisfied with issuing you the ticket for whatever minor traffic infraction you've committed. They push and nudge and make comments just daring you to say something back. They have a uniform, a badge, and a gun and they know how unlikely it is that you're carrying one so maybe they're bored with their jobs or a co-worker one-upped them with a story earlier in the day or something, but by God they're going to have some fun with you. They'd unzip their pants if they thought they could get away with it. Some guys just can't take it and I don't blame them for one second. Me, I can swallow my pride for a few minutes because I know that no matter what I try to say, even if I'm trying to be helpful, it's going to end up with me face down in the street with my Tiparillo bent in three places and a knee in my back.

Posted 8:08 PM, 12.18.10 | Permalink

user lawnguy says...

I would imagine Kent wasn't asked to put on his seatbelt, Pfc Tippett tried to put it on him, as is probably procedure, and Kent started kicking him. I have no issue with Pfc. Tippett punching Kent until he stopped kicking him. Kent already pled guilty in criminal court to the charges that were filed against him which resulted in this arrest. So Pfc. Tippett was dealing with a punk who kust assaulted a woman, then ran like a coward, then assaulted a police officer. From everything I've read so far on this case, Kent has no business filing a civil lawsuit. He's so in the wrong, I can't believe they even let this suit go forward in the first place. Seriously, I think some of you really think the police DO have that "magic dust" that just makes people do what they are supposed to. givemeabreak, you obviously have a bone to pick with the police. Every comment you make on here is anti-police, and you always seem to bring up unrelated incidents to try to back up your senseless ramblings. Grow up, accept some responsibility, and get some counseling. If everyone went by your screwed logic, all police officers should treat citizens like guilty criminals, as you are treating every police officer who is in an article like some rogue, beat 'em up, power tripping monster. Give me a break!

Posted 12:38 AM, 12.19.10 | Permalink

user longreachdavid says...

To ELKHORNSTRANGLER. It sure sounds as if you've had numerous encounters with the HoCoPo. Why don't you stop making so many minor traffic violations and opening your mouth the wrong way. The last time I was stopped for a moving violation was January 1982. The police officer was very polite and so was I, just as my parents had taught me 60 some years ago. Since 1982 I was stopped twice for problems with a tail light and a cracked windshield. HoCoPo were very polite both times and so was I. By the way, no traffic infraction is minor to the other people on the road except for you. I could never be a police officer and put up with the crap they have to deal with every day. WHAT'S YOUR PROBLEM!!!!!

Posted 8:14 AM, 12.19.10 | Permalink

user independent says...

The point is that the police are stopping and questioning some people, maybe giving them too hard a time for no reason. If you have no family members who have been inexplicably stopped or given grief by law enforcement, count your blessings. It's unnerving. MDL7: Thank you.

Posted 11:25 AM, 12.20.10 | Permalink

user section8hater says...

I don't break the law. I've never had a problem with a Howard County police officer. Coincidence?

Posted 3:29 PM, 12.20.10 | Permalink

user elkhornstrangler says...

Alcoholics always lie about how much they drink.

Posted 3:46 PM, 12.20.10 | Permalink

user admin says...

Comments and usernames have been removed for violating our Terms of Service. http://www.explorehoward.com/services/tos/

Posted 3:54 PM, 12.20.10 | Permalink

user longreachdavid says...

ELKHORN you are a very Psychologically sick human being. You make assertions that you cannot prove just to make yourself look better. Your arguments are ad hominum (that is if can even understand what that means) rather than to the point of the subject. You seem to be well versed about a certain type of food. I wonder what that means. For your information, the closest that I,ve ever come to drinking a Nattie Boh is being invited to Jerry Hoffberger's daughter' wedding in the mid 1970's.

Posted 4:41 PM, 12.20.10 | Permalink

user section8hater says...

Who cares what elkhorn says??? He's an idiot. Don't pay it any mind ghettolongsreachdavid. Now, if you'll excuse me, I'm headed to the land of pleasant living.

Posted 4:48 PM, 12.20.10 | Permalink

user elkhornstrangler says...

Oh, almost forgot, Columbia man claiming police brutality testifies at trial.

Posted 7:51 PM, 12.20.10 | Permalink

user longreachdavid says...

Glad to see we're back on track. My experience and my family's experience with Howard County police appear to be quite different from your experience. Sorry about that. The so called brutalized man should not have brutalized his girlfriend. Now we taxpayers, including you and I, might have to pay him half a million dollars if he gets a bunch of idiots on the jury.

Posted 8:57 PM, 12.20.10 | Permalink

user elkhornstrangler says...

One more time: I have had no bad experience with the HCP. When pulled over the one time, I presented current DL and registration and sat there with my hands on the wheel and my mouth shut like a model citizen during a textbook ticketing. The officer dangled the bait but I didn't bite. Like I said, maybe he had a bad day, but I let him have it. Now imagine the attitude of an officer when they have to chase a violent suspect and kick down a door to complete the job. My point is, again, that these guys are just human but they also have a hyped-up sensitivity to the law. If you push back, at the end of the experience they're going to get the best of you. The lesson is: don't talk smack with the police.

Posted 6:00 AM, 12.21.10 | Permalink

user independent says...

Isn't it bordering on tyrannical to be thoroughly silenced when confronted with law enforcement? Do we really want to support that? I agree, no need to argue and certainly never a physical altercation (with anyone, for that matter). But when does police authority become a problem for freedom? One person cannot solve the issue, and should not attempt to combat lack of freedom while faced with an armed man that has the weight of the police force on his side.

Posted 6:56 AM, 12.21.10 | Permalink

user says...

The freedom we have is the ability to confront the officer in the trial. I agree with independent, we should be able to have a reasonable disagreement with an officer, but just take a look at the sample Howard County Police test for applicants here http://www.co.ho.md.us/Police/Docs/sampletest.pdf and you'll see that the odds of engaging in the philosophy of law and justice with an arresting officer is unlikely as it's just simply not a requirement for the job. The smarter guys will be promoted away from the front lines, just like in any other industry. The police doing the initial encounter aren't judges and we can't expect them to be.

Posted 8:58 AM, 12.21.10 | Permalink

user longreachdavid says...

To ELKHORNSTRANGLER. If you reread your original missive carefully you might understand why I replied to you in the way I did. It sounded as if you've had more than one encounter. You said "Aren't satisfied" which implies more than one officer. You said "they push and nudge" again implying more than one. Plus you made a blanket statement about the police in general instead of dealing with a specific instance and officer. Have a good Christmas, Chanukah, Kwansa, Ramadan, and a happy New Year, whichever applies to you.

Posted 10:11 AM, 12.21.10 | Permalink

user elkhornstrangler says...

You too!

Posted 10:43 AM, 12.21.10 | Permalink

user lostfaith says...

This kids a joke. Another punk searching for a pay out. Again its a bit of a coincidence he files two years later right after the yates trial. And all these yuppies who are afraid to hurt anyones feelings. The kid got what was coming to him. He assaulted a woman, would you not step in and stop your neighbor if you saw him punching his wife? He's lucky all he got were a few punches. Maybe if his undoubtedly broken home parents had raised him a bit better he wouldn't have been in that situation. We act like a punch is the same as shooting him. Sometimes someone needs a good smack from time to time. Oh right it was from a police officer, he should have acted in a more professional manner. If he didn't do it, who would have?

Posted 4:15 PM, 12.21.10 | Permalink

user hocotaxpayer says...

I wonder why Mr. Davis chose to represent Mr. Kent as opposed to the woman that Kent assaulted or Officer Tippet for being kicked. Is it because of the deep pockets of Howard County? People need to focus on the issue at hand, but not for the fact that Mr. Kent assaulted a woman, fled from the Police, and kicked an Officer, then none of this would have ever happened. As the article points out, it comes down to who is more believable. Since Mr. Kent has already perjured himself "When Kent first testified, he said that Tippett did not try to put on his seat belt. But when cross-examined by Louis Ruzzi, the attorney for Howard County, Kent said Tippett did ask him to put it on," I find it hard to believe his testimony. I would also ask people to consider their feelings towards Mr. Kent if that was their mother, sister, or daughter that was assaulted. Merry X-mas and get the poison out.

Posted 4:44 PM, 12.21.10 | Permalink

user longreachdavid says...

So Mr. Kent has a permanent scar on his face. Does anybody care if his abused girlfriend has any permanent physical scars or psychological scars. I do.

Posted 5:13 PM, 12.21.10 | Permalink