FRANKLIN COUNTY, Pa. (WHTM) — A Pennsylvania State Trooper was charged after an April incident in Franklin County, according to court documents.
Misdemeanor charges of simple assault and official oppression were filed Monday against 27-year-old Milan Toljan, of Mechanicsburg. Toljan was placed on unsecured bail set at $50,000 after being arraigned in front of Magisterial District Judge Jody Eyer, online court records show.
“Based on the totality of the circumstances, the evidence suggests that Trooper Toljan exercised his authority as a Pennsylvania State Trooper to arrest (redacted) in a situation where no crime had occurred,” the criminal complaint states. “Additionally, the use of the CEW and the physical force applied to take (redacted) to the ground resulted in pain and reportedly aggravated pre-existing injuries that (redacted) communicated at the time of the incident.”
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The criminal complaint details that Toljan and a second Trooper responded to a domestic dispute at a residence along Punch Bowl Road in Montgomery Township on April 25. Troopers located a woman outside the home and a man inside who would not open the door.
The charging documents show that eventually the woman got into her vehicle to leave, but found that there were items she needed from the home.
According to court records, Toljan attempted to force entry by breaking the door handle and kicking the door. The man inside the home eventually opened the door after Toljan threatened to arrest him.
Once the Troopers were let inside, they ordered the man to the ground, but he claimed he had injuries from an ATV accident. Court documents show Toljan then drew his “department-issued conducted energy weapon” (CEW), and the man said he would let the Troopers handcuff him, but he couldn’t get on the ground.
The criminal complaint shows that when the alleged victim was being handcuffed, Toljan forced him to the ground and stunned him in the leg with his CEW. Toljan told him he was under arrest, and the man was taken to the Franklin County Correctional Facility before he was taken to the hospital.
Charges were filed against the man, but during a summary trial in July, they were withdrawn by the other Trooper who was with Toljan because they believed no crimes were committed, according to the complaint.
Toljan has a preliminary hearing scheduled for Dec. 16.
A request for comment was left with the Pennsylvania State Police, but they have yet to respond as of this writing.
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