Dashcam shows State Police in Unity using force to take Denton Kapf into custody

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State police officers testified Tuesday they believed a New Alexandria man was under the influence of drugs when he refused to comply with troopers responding to a call two years ago of a man wandering through yards in a Unity neighborhood.

Westmoreland prosecutors contend Denton Kapf, 48, resisted arrest on Jan. 30, 2023 during a nearly 10-minute confrontation that ended with one trooper suffering a fractured hand. Kapf, according to his lawyer, suffered three broken ribs and a cervical strain.

Kapf filed a federal lawsuit last month against the state police, claiming he was the victim of excessive force.

Kapf appeared in a Westmoreland County courtroom with a service dog in his lap during the first-day of testimony in his criminal trial on Tuesday.

“The defendant created the risk of bodily injury and there was a level of force required to overcome him,” said Assistant District Attorney Leo Ciaramitaro.

The confrontation with Kapf and police was recorded from a state police cruiser dash cam, as well as video from a neighbor's doorbell camera were shown to jurors.

The troopers testified Kapf initially refused to comply with requests to identify himself when he was confronted on a snowy night walking through a front yard in the Wimmerton neighborhood. Kapf was dressed in a short-sleeved shirt and wore no shoes as police approached him, testified Trooper Gordon Matson.

Matson told jurors Kapf backed away, refused to identify himself, and later fought as officers attempted to place him in handcuffs after he failed to comply with police orders.

Officers punched Kapf repeatedly in a maneuver three troopers described as “compliance strikes,” placed a knee to the back of his head and hit him with multiple shots from a Taser.

Trooper Jacob Shearer testified the officers struggled to control Kapf and acknowledged multiple punches were thrown by the officers, including a series of blows to his head.

“We are taught to use these strikes in whatever area that is available,” Shearer told jurors.

Trooper Benjamin Eaken testified Kapf never indicated he was in pain and defiantly told police that their use of a Taser had no impact. Eaken told jurors that behavior led him to believe Kapf was under the influence of drugs.

Prosecutors so far have presented no evidence of drug use.

Eaken testified that two to three hours after the arrest, Kapf complained of injured ribs. He was taken to a local hospital, where he was diagnosed with rib fractures.

“If he would have complied and gave us his identification, we would have let him go and even given him a ride,” Eaken said.

Kapf was originally charged with aggravated assault in connection with claims that one officer sustained a broken hand during the altercation.

According to court records, prosecutors dismissed the assault charge last year. And in his opening statement to the jury, Ciaramitaro never mentioned any injuries to the officers.

Defense attorney Komron Maknoon said he will argue the police withheld evidence. He suggested missing dash cam video and audio from the officers during the confrontation could have supported Kapf’s claim that he was injured during the confrontation.

Maknoon claimed Kapf was not on drugs and was walking to a hospital to receive treatment for a mental health emergency when he was approach by police.

“There was no substantial risk to troopers, no punches thrown (by Kapf), kicks or anything,” Maknoon said. “The officers, during the cuffing process, had jerking movement and we don’t know what was going on. I think he was in pain.”

Maknoon said no decision was reached as to whether Kapf will testify when the trial resumes Wednesday.