ATLANTA — Editor's Note: The video used in this article is from previous coverage of the topic.
A mistrial has been declared in a federal civil rights case where a radio producer accused a former Atlanta Police officer of tasing her during a traffic stop in 2018, according to attorneys.
Qri Montague, who was a producer for Hot 107.9 at that time, said in a 2019 lawsuit that she was pulled over by former APD officer Lemuel Gardner for a traffic violation in October the previous year. Montague said he tased her on the upper thigh during the traffic stop and, when she complained, said: "Well, you're lucky I didn't do more to you."
She then said he issued four traffic violations: failure to signal, improper lane change, driving too fast for conditions and reckless driving. Her traffic charges were eventually dropped, but the civil case against the officer continued for years.
Now, in 2024, after four days of trial and deliberation, the jury indicated they could not reach a unanimous verdict Friday. After both parties submitted a joint motion for a mistrial, the judge declared one. According to a release by the law firm representing Montague, the parties have agreed to attempt to resolve the case before another trial.
Back in 2019, 11Alive reported that Montague contacted the City of Atlanta Police Department to report that Gardner had tased her. APD took a photo of the mark. Gardner was relieved of duty and suspended with pay on Oct. 16, 2018.
The next day, he provided his formal statement to the City of Atlanta on the incident -- ten days after the stop. He said he did not tase Montague, and the injuries on her thigh must've happened before he stopped her, according to the lawsuit. He also said that his body camera was on but that it was in "buffer mode," so his interaction was not recorded. He submitted his formal letter to the department on Oct. 17, 2018.
An APD investigation found that his taser was used several times during his traffic stop with Montague while she was handcuffed, despite what he said. The lawsuit claimed that Gardner used the Taser in drive stun mode.
"Drive stun mode means that a Taser is deployed by being held against the target without firing the projectiles and is intended to cause pain without incapacitating the target. The formal APD investigation found that Defendant Gardner applied his Taser to Ms. Montague’s left upper thigh while it was in drive stun mode, contrary to his contention that he did not use his Taser on Ms. Montague," the lawsuit states.
In general, Davis Bozeman Law Senior Trial Partner Mawuli Davis said that Montague continues to stand on her truth in this case.
"We know that the jury worked hard to try to reach a verdict," Davis said. "However, we also understand the difficulty that citizens have in disbelieving police officers."
Overall, Montague said she is grateful for the support she has received throughout the years regarding this case.
"This journey has been a profound blend of self-discovery and empowerment," Montague said. "From disappointment, I glean newfound direction, which I will wholeheartedly embrace as I navigate toward my destiny."