December 13, 2006 (WPVI) -- An arrest on the Garden State Parkway two and a half years ago has resulted in a lawsuit, which in and of itself isn't all that unusual.
Except in this case, the person who filed the suit is a former police detective.
"I was treated wrongly on the side of the road there," explained Gary Wade, a 31 year old former detective with the Tinton Falls police Department.
He is filing a million dollar lawsuit against the State Police for a traffic stop along the Parkway in August of 2004.
Wade was driving an unmarked police car and he said he was pulled over for no reason.
The Woodbury resident claims Trooper Michael Colaner used excessive force when he drew a weapon on him, and then pepper-sprayed and cuffed him -- not the usual courtesy cops show each other.
"I don't know why he ever pulled his weapon. That's what the whole thing comes down to, they did not follow procedure," he said.
"At that point Detective Wade thought he was crazy. It was just so crazy on a routine vehicle stop," said Susan Chana Lask, Wade's attorney.
New Jersey State Police say Wade's story is not that simple. They say Wade was pulled over doing over 90 mph and passing a trooper's car on the right as he was driving late to work.
They say Wade was highly agitated, refused to answer the troopers questions, comply with his orders, or produce any identification to prove he was a cop.
"Even if it's a basic drivers license, and that's all he had to do when they got to the window. He didn't do that. He caused this," said Capt. Al Della Fave of the New Jersey State Police.
Because Wade failed to show any identification, Della Fave says troopers were treating him the way they would anyone they knew had a gun, especially since there were 2 instances just prior to this stop where a police impostor was reported on the Parkway. He says the trooper acted appropriately given there was a weapon in the car.
On the audio recording, Wade is heard repeatedly telling Trooper Michael Colaner to wait until a Tinton Falls police supervisor arrives before taking any further action.
"He was talking cop-to-cop," Lask, told reporters. Asked why Wade didn't simply hand over his identification or immediately state that he was a police officer, Lask said Wade pointed to his badge on his belt.
"It's not a special privilege," she said. "It's just known between them."
Wade was charged with obstruction of justice, careless driving and resisting arrest. He was convicted in municipal court of the first two offenses, and fired. Wade, who also is appealing the convictions, now works as a contractor and has no desire to be reinstated as a police officer.
Della Fave said two courts and an internal State Police probe have all concluded the trooper acted appropriately.
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