City of Tonawanda Cop Accepts Plea Deal

September 27, 2013 Updated Apr 23, 2010 at 7:12 PM EDT

By Kyla Igoe

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September 27, 2013 Updated Apr 23, 2010 at 7:12 PM EDT


BUFFALO, NY (WKBW) -- City of Tonawanda Police Captain James Litz pleaded guilty Friday to a felony charge of deprivation of civil rights under the color of law. In June of 2003, a man was arrested for trespassing on Litz's property. While the suspect was in the back of a police car restrained, Litz struck him in the face with a flashlight and choked him until he could not breathe.

"He's admitted he shouldn't have done what he did," said Litz's Attorney Herbert Greenman. "He's accepted responsibility for what he did in 2003 and he wants to move on. He wanted to resolve this case as soon as possible."

Prosecutors also say they have evidence of other incidents involving different victims, however they are not prosecuting those cases. Alan Miller claims he was assaulted by Litz back in July of 2005 after he called 911 when his neighbors were setting off fireworks.

"He punched me in the face, and threw me to the ground," said Miller. "At that point, other officers were at the house and I had six officers sitting on top of me, beating my head into the pavement."

Litz faces a maximum of ten years behind bars and a $250,000 fine and a minimum of 12 - 18 months in prison. He is due back in court for sentencing August 4. Litz has also retired from the City of Tonawanda Police Department.