Stun Gun Claim Offer Considered

The Ventura City Council will meet in a closed session Monday to discuss paying a $250,000 settlement to an epileptic disc jockey who was shocked repeatedly with a stun gun by a city policeman during a traffic arrest in June.

The amount is more than the city wanted to pay, but less than Donn Christensen Jr. hoped to receive in a settlement of his $2-million civil claim against Officer Steven Mosconi, said Sanford Gage, Christensen’s attorney.

Mosconi was suspended for one month without pay in August for jolting Christensen, 26, with a 50,000-volt Nova Stun gun up to nine times after Christensen suffered a seizure behind the wheel and caused a minor accident on June 23.

“The original claim was $2 million,” Gage said. “Our demand was $350,000. They were arguing for $25,000 to $50,000.”

Gage said he and Ventura city attorneys reached the proposed settlement in a five-hour session Aug. 1 with Vincent Dalsimer, a retired state Court of Appeal justice and former Ventura city councilman. Dalsimer suggested the $250,000 figure, Gage said.

City Atty. Peter Bulens confirmed that the council will discuss two pending lawsuits Monday in executive session but would not discuss Christensen’s case.

“We don’t comment on settlement negotiations,” Bulens said Saturday. “We have been meeting with them to discuss possible settlement. That’s a matter of record that we have done that. Who we met with and what the results--if any--were, I can’t really discuss.”

Meanwhile, the FBI has completed a six-week investigation into Christensen’s charges that Mosconi violated his civil rights. Gage said FBI Agent Larry Dick told him that the investigators’ findings have been forwarded to the U.S. Department of Justice, which will decide whether to prosecute Mosconi.

The FBI interviewed Christensen and 40 witnesses, and it used a federal grand jury subpoena to obtain documents from the Ventura Police Department, Gage said.

Dick declined to comment.

Gage said, “Although my client is under medical care, he has not manifested severe problems other than emotional stress.”

Christensen has suffered one epileptic seizure within the past month but has shown no physical damage from the attack, Gage said.

The day of the incident, Christensen had suffered a seizure at the wheel of his 1984 Ford Ranger pickup truck, causing a traffic accident on Thompson Boulevard just after 6 p.m.

Mosconi arrived on his motorcycle and was told by paramedics that Christensen was still recovering from the seizure. But when Christensen refused to give up his keys, Mosconi drew his stun gun. He repeatedly demanded the keys and shocked Christensen in the ribs each time he refused, according to the police report.

After being shocked six to eight times, Christensen got out and stood passively by the truck, where Mosconi shocked him at least twice more, according to the county district attorney’s office and witnesses.

Christensen’s claim alleged that he has suffered nightmares, sleeplessness and anxiety since the incident.

“Unless we get some resolution at the meeting Monday, we’re going forth with the lawsuit,” Gage said. “I believe we could do substantially better at trial than the amount that was recommended by the judge.”

Christensen could not be reached for comment Saturday.