Ryan Luckenbaugh

Pennsylvania state Trooper Ryan Luckenbaugh. Photo courtesy of abc27

Suspended state Trooper Ryan Luckenbaugh has a major decision to make before his trial for kicking a Harrisburg activist in the face resumes Friday morning.



The 37-year-old Mechanicsburg man must decide whether he wants to testify in his own defense. He left that prospect hanging Thursday afternoon when he told Dauphin County Judge Scott A. Evans that he hadn't yet made his call on testifying.



If the decision ends up being, "no," then Senior Deputy District Attorney Stephen Zawisky and defense attorney Edward Spreha Jr. will make their closing arguments when the trial reconvenes and the case will go to the jury.





State Trooper Ryan Luckenbaugh is accused of assaulting Harrisburg activist Christopher Siennick, shown above, and trumping up charges against Siennick after a May 2015 confrontation in the city.

Zawisky is seeking convictions on simple assault and officials oppression charges. He claims Luckenbaugh wasn't justified when he kicked 27-year-old Christopher Siennick after arresting him near North Second and Locust streets in Harrisburg on May 16, 2015.



The prosecutor claims Luckenbaugh had no cause to chase, Tase, pepper spray and handcuff Siennick after Siennick flashed his middle finger at Luckenbaugh and his partner, Trooper Michael Trotta. Luckenbaugh had Siennick jailed for two weeks on trumped-up charges before he was released on an order from the DA's office, Zawisky contends.



He has been backing his argument with testimony from Harrisburg police officers who saw the encounter between Luckenbaugh and Siennick. They said Luckenbaugh wasn't justified in kicking Siennick after the activist spit toward him.



Luckenbaugh was not without supporters when Spreha opened the defense case Thursday, however. One of his witnesses, Bruce Cutter, a county probation officer who saw the incident, did not echo the opinion of the officers who testified for the prosecution.



When Zawisky asked Cutter on cross-examination whether he thought Luckenbaugh's kick was justified, Cutter replied, "It was effective, absolutely." He said those judging Luckenbaugh have to take Siennick's actions into account as well.



Siennick was "out of control," Cutter said. He was spitting, yelling and cursing at the officers.



"You still believe that was justified force?" Zawisky asked after showing Cutter video of the incident that was filmed by the dash camera of Luckenbaugh's police cruiser.



"I didn't use the word 'justified'," Cutter said, before adding, "He wasn't spitting at anybody after the kick."



Questioned by Spreha, Cutter said strikes and kicks are part of the "use of force continuum" officers may employ to control unruly suspects.



"Would that be your first choice of force options?" Spreha asked.



"Probably not," Cutter replied.



Another defense witness, booking officer Jodie Martin, said Siennick was "very, very angry" when Luckenbaugh and Trotta - who was later fired for misconduct - brought him to the county judicial center. He was yelling at the troopers and cursing them, she said, but neither Luckenbaugh nor Trotta reacted to the abuse, she said.



At one point, Siennick accused the troopers of striking him with the mirror of their cruiser a he rode by them on his skateboard, Martin said. In filing the charges against Siennick, Luckenbaugh accused him of hitting the cruiser and said that is what prompted the troopers to confront and arrest him.



