December 8, 2021, Wayne Gerling, a retired trucker from Hermann, MO, sat patiently as a jury deliberated for nearly 4 hours. When the jury returned, Wayne held his wife’s hand, closed his eyes, and waited for the judge to read the verdict form.
The incident that brought Wayne to our law firm happened nearly 10 years ago. November 2012, Wayne was enjoying a quiet evening with his grandson and son-in-law. Around 9:00 PM, there is a knock at Wayne’s front door. He was greeted by a Hermann police officer, inquiring about the commercial truck parked just up the street. After Wayne acknowledged the truck was his, the officer informed him that he would be receiving a ticket. Having parked in that same location countless times before, Wayne questioned the officer and stated he was allowed to park his vehicle there. During this exchange with the officer, Wayne is standing inside his home. The officer asks for Wayne’s license and he refutes his request. Wayne is then instructed to come out of his house because the officer was going to take him to jail. The officer then forces his way into the home and tases Wayne in front of his grandson and son-in-law. Wayne is arrested and charged with resisting arrest and illegally parking his commercial vehicle.
Over the next 9 years, Wayne goes through what felt like uphill legal battles. However, along the way Wayne’s actions that evening were vindicated. Wayne’s criminal case was dismissed and on the afternoon of December 8, 2021, the judge read “We the jury find in favor of Plaintiff, Wayne Gerling.” Wayne was represented by Kevin Carnie, Jr., Patrick McPhail, and David Welder.
To learn more about this case, read the full article from the St. Louis Post-Dispatch: https://www.stltoday.com/news/local/columns/tony-messenger/messenger-hermann-mo-trucker-wins-measure-of-justice-in-long-battle-against-unlawful-arrest/article_759a6c05-9c8c-5b73-9aeb-5efa58f0dbc8.html
