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Clearwater officers cleared in death

By JACOB H. FRIES
Published May 23, 2006

Thomas C. Tipton, 34, a staffing firm manager, went limp after struggling with police on April 5 at the Tropic Isle Motel on north Clearwater Beach. The Medical Examiner's Office ruled his death a homicide, with cocaine and alcohol listed as "contributory" conditions.

McCabe, however, determined that Tipton died in an excusable homicide at the hands of officers who used force that was "reasonable, necessary and justified."

Last week, a Clearwater Police Department review board ruled that the Officers Larry Harbert and David Higgins and Sgt. Joe TenBieg had followed all policies and procedures when restraining Tipton.

According to McCabe and Clearwater police, this is what happened on the day Tipton died:

He and several male employees of Maxim Staffing Solutions took a limousine from Tampa to Clearwater Beach and spent most of the afternoon and evening at Frenchy's Rockaway Grill, where they met a group of nurses.

Tipton picked up three bar tabs: $185, plus tip, at 3:45 p.m.; $559, plus tip, at 9:07 p.m.; and $68, plus tip, at 10:52 p.m.

At 11 p.m., he said he didn't want to go to another bar because he might get in a fight.

Tipton left the group and, during the next half hour before his encounter with police, authorities suspect he used marijuana and cocaine.

At 11:30 p.m., Tipton walked into the courtyard of the Tropic Isle Motel, not far from the Frenchy's restaurant. He knocked over several patio chairs and broke jalousie windows, prompting the motel manager and a guest to call 911.

Harbert arrived first, finding Tipton in the roots of a banyan tree. Higgins then pulled up and the officers coaxed Tipton out from the tree.

They determined he was very intoxicated, and that Tipton thought he was in Tampa. They decided to call a cab.

Then Tipton became upset, throwing a patio table at Harbert, and returned behind the banyan tree.

TenBieg arrived and told Tipton he would be Tasered if he didn't come out. Harbert deployed the Taser, which seemed to have little effect. It was deployed again and this time the officers got his hands in cuffs.

After complying for a time, Tipton suddenly became enraged, kicking and yelling at the officers.

They eventually were able to take down Tipton, who weighed 270 pounds. They held him face-down, but Tipton continued to resist, at times resting before fighting again.

Then Tipton went limp.

Paramedics, who already were on the scene after responding to a call, tried to resuscitate Tipton with a defibrillator, but its battery was dead. So was the backup.

When a third battery was retrieved from the nearby firehouse, the heart monitor showed no activity.

[Last modified May 23, 2006, 04:27:47]