A judge declared a mistrial in a civil rights lawsuit involving a former Atlanta police officer who was accused of excessive force after he tased an up-and-coming radio personality during a traffic stop more than five years ago.
The case stems from an October 2018 incident in which Qri Montague, then a 22-year-old commentator for Hot 107.9, was handcuffed and tased by Atlanta Police Department officer Lemuel Gardner after he pulled the woman over for speeding and not signaling while changing lanes on I-20.
After more than five years, the trial began last week and took place over four days before the jury members emerged on March 15, saying they were unable to reach a unanimous verdict.
Attorneys on both sides immediately moved for a mistrial and agreed to try to settle the case out of court instead of holding a second trial.
Montague took the stand on the penultimate day of the trial last Thursday, testifying that the 2018 encounter left her traumatized and “questioning everything” while she also struggled to maintain her career and personal relationships, as well as her self-identity.
She even left her job at the station and worked odd jobs as she tried to put her life back together.
“Everything I had been working for, I stopped doing … I felt like it was all a waste. It was just, like, pointless,” she said, according to Law 360.
The lawsuit claimed Gardner first handcuffed her on the side of the highway and went back to his patrol car with her driver’s license.
While the officer was away briefly, Montague attempted to remove the shirt she had on because it was printed with the Hot 107.9 logo, fearing it would expose her employer if she got arrested. However, when Gardner noticed what she was doing, the officer tased the woman without provocation and tried to force her into his cruiser, the lawsuit claimed.
Ultimately, Montague was let go that night after the officer issued four traffic tickets.
Lawyers for Gardner said Montague’s injuries stemmed from her admission that she was trampled during a concert that she attended earlier in the evening, which lent to her aggressive stance toward the officer.
Defense attorneys also provided evidence of social media posts where Montague lashed out at Gardner and other police officers with insults and profanities.
“I said, ‘F—k you.’ I said that he had a little d—k … I said a lot of things,” Montague admitted on the stand.
Two years after the traffic stop, Montague was diagnosed with post-traumatic stress disorder as she grew distant from her family and turned to booze to deal with nightmares and flashbacks, she told the jury.
Previously, Montague’s lawyer, Mawuli Davis, pointed out that Gardner did not activate his body camera during the vehicle stop, leaving no video evidence to support the woman’s version of events, but vowed that medical evidence would ultimately prove that she was assaulted by the officer.
Lawyers for the officer said Montague was belligerent toward Gardner during the traffic stop, leading him to brandish the weapon, but claimed he stopped short of using it on the woman.
The officer resigned amid an internal probe of the incident, and the charge of reckless driving against Montague was dismissed in February 2019, the same month the Georgia State University graduate filed the lawsuit.
In a statement to Atlanta Black Star, Montague thanked her attorneys for fighting on her behalf.
“With heartfelt gratitude, I extend my sincerest thanks to the Davis Bozeman Law Firm for their unwavering support throughout the past five years, as well as to the esteemed Judge and Jury,” she wrote. “This journey has been a profound blend of self-discovery and empowerment. From disappointment, I glean newfound direction, which I will wholeheartedly embrace as I navigate towards my destiny.”
