Advertisement Partner: Officer shouldn't have stunned cuffed man Officer Nicole Murphy on trial, accused of civil rights violation against Thomas Jason James Smith Share Shares Copy Link Copy

Suspended Milvale police officer Nicole Murphy is on trial in Pittsburgh federal court for allegedly violating the civil rights of a prisoner on whom she used a stun gun three times. The lead witness for the federal jury was the former police partner of the Millvale officer charged in the incident.VIDEO: Watch Bob Mayo's reportOfficer Casey Bonincontro recorded a cellphone video of Murphy using a Taser on a handcuffed, drunken man who was in custody inside Millvale police headquarters. Bonincontro said it was not justified and not necessary for officer safety. He testified Murphy shocked prisoner Thomas Smith three times and he said each time, "she assaulted him." He described her use of force was excessive and that the prisoner was under control. Bonincontro testified it is a violation of Millvale police policy to use a Taser on someone who is in handcuffs. The witness told jurors the prisoner was a loud nuisance, hitting his own head against various surfaces, but that not a threat to police Bonincontro testified he didn't criticize Murphy while in the presence of the prisoner or emergency medical technicians but later told her ''that wasn't cool."If found guilty of violating Smith's civil rights, Murphy could face a sentence of up to 10 years in prison. If she is found guilty of the felony, she would not be able to work in law enforcement, even if she was not sentenced to prison. He also testified Murphy gave false accounts of the September 2012 incident in her police reports. She wrote the prisoner was "violent", "irate", and "spit at" and "kicked" officers. Bonincontro testified that's all false. He also testified that Murphy insisted on taking Smith to jail, while he thought the prisoner should be taken to Western Psychiatric Institute & Clinic of UPMC instead. Smith had a history of alcohol and mental health problems.During cross examination, defense attorney Robert Stewart attacked Bonincontro's credibility, suggesting he was upset because he was disciplined for recording the incident while Murphy was not initially disciplined for her actions. Bart Heaney, an emergency medical technician with Ross/West View Emergency Medical Services also testified that Murphy shocked the prisoner three times. Heaney told jurors he saw no attack on officers first, but he testified the prisoner kicked Murphy's torso during one use of the Taser.