ALDEN, N.Y. - An Alden man plans to file a lawsuit this week, claiming that Erie County Sheriff deputies wrongfully arrested him and held him at gunpoint.
Stephen Kocher, 50, spoke to 2 On Your Side back in July about the incident that happened in his own driveway. When we first told you about Kocher, he described a frightening incident that he says happened to him one night in February.
"I knew I didn't do anything, what was going on, and that's when he come at me with the gun pointed at me, made me get on the ground," said Kocher.
He tells 2 On Your Side's Jeff Preval that he was sleeping and that flashing police lights outside his home woke him up. When he went outside to see what was happening, he says county sheriffs deputies swarmed around him and put him in cuffs.
He says their actions re-aggravated a hip fracture he suffered as a UPS driver that he was still recovering from.
"Right exactly on the scar," said Kocher.
Kocher says deputies thought he was a suspect they were looking for, but it turns out, Kocher was the wrong guy and was let go. Authorities ended up getting the right person several miles away.
"The issue is whether they had probable cause, a reasonable basis to go to his home and arrest him and we believe that they did not," said Larry Strauss, Kocher's attorney.
Two months after our story first aired, Strauss says they've gotten an MRI from Kocher's doctor showing a partial ligament tear in his hip. Kocher and his attorney believe the injury was caused by sheriff's deputies, in addition to re-injuring his fractured hip.
"He was very athletic before, that has changed, as far as his ability to be independent, he can do that," said Strauss.
Kocher says he's looking to get a less demanding job with UPS. He hasn't been able to return to his job as a driver for more than a year.
Kocher and Strauss are still finding out how much money they'll ask for in damages. The Erie County attorney, Mike Siragusa, has yet to respond to our request for an incident report in the case. However, Siragusa says it will quote "vigorously defend the sheriff deputies."