City resident Kevin Higgenbotham has remained in a coma since June 15.

And his attorneys and family are telling a different story than police as to why he is in that condition.

“In the police report, the officers admit that he was beaten with batons,” attorney Stanley King said Monday, noting wounds to his client’s neck, torso and arms. “There are a number of other things that they did, which I’m not totally at liberty to discuss right now, but it is very clear to us based on our preliminary investigation that the officers’ conduct that day was the reason that this man is totally incapacitated.”

The day after the June 15 incident, Trenton police said they responded to the scene for a verbal dispute call. Police claimed Higgenbotham, 47, was under the influence of drugs and allegedly assaulted a family member when they arrived.

To the contrary, court documents filed by Woodbury, N.J.-based King & King contend Higgenbotham was suffering a bipolar episode. His mother allegedly advised officers of his condition when they arrived to the home on the 200 block of Bellevue Avenue and told them her son needed to be sent to the crisis unit.

The attorneys also outline that Higgenbotham called Trenton police to complain a resident of the house was trespassing.

What both police and his attorneys can agree on is that Higgenbotham became agitated when police arrived and that he was pepper sprayed.

Police said officers encountered Higgenbotham outside of the home, and when they tried to arrest him for the assault, he ran into the residence. Officers then chased him into the house and at some point sprayed him with pepper spray, which seemed to have no effect.

Trenton police previously did not disclose that officers used their batons on Higgenbotham.

Police said Higgenbotham escaped from a third-story window before jumping off the roof, a claim his attorneys deny.

“That’s highly unlikely,” said Sharon A. King, a partner at King & King. “The building that he came out of had a fire escape that went down to the floor. He actually climbed down the fire escape. He didn’t jump from the roof of any buildings.”

Shortly after, Higgenbotham was arrested and placed in a paddy wagon with his hands cuffed behind his back, the attorneys said.

“The physical injuries might have not been apparent, but obviously there were injuries,” Stanley King said.

Police said while Higgenbotham was in the vehicle, he became combative and started kicking the windows. Because of his erratic behavior, police said, officers on-scene made the decision to take him to the crisis unit for evaluation. He was then escorted to Capital Health Regional Medical Center, where he was restrained, and shortly after went into cardiac arrest.

Sharon King said Higgenbotham’s condition “doesn’t look good.”

“The family is trying to remain optimistic,” she said. “Medically, there’s no indication that he will be out of it.”

Authorities said Trenton Police Director Ernest Parrey Jr. immediately called the Mercer County Prosecutor’s Office and internal affairs after being notified.

“Director Parrey notified those agencies about the incident because we want to remain transparent,” Lt. Steven Varn previously said at the time. “We wanted to make sure the other agencies were involved from the start due to the nature and circumstances of the incident.”

An active investigation still remains, the attorneys said.

Earlier this month — on behalf of Higgenbotham’s daughter — the Kings filed an intent to sue the city and the police department for the officers’ actions.

“Based on the family’s version at the scene, they weren’t aware of any mental health professionals called to the scene,” Sharon King said. “I think the day before he actually called the police and they had responded to the house and he was mouthing off on them. It was clear to them at that time as well that he was in the midst of an episode. This should not have been news to them.”

The attorney added Higgenbotham was prescribed medication for his bipolar disorder.

“It wasn’t clear whether he had been on or off them,” Sharon King said.

Police claim Higgenbotham had drugs in his system and had not slept for at least two days.

Higgenbotham is charged with simple assault, criminal mischief, improper behavior and resisting arrest.

Trenton police did not respond to a request seeking comment on the potential litigation.

Staff writer Penny Ray contributed to this report.

By David Foster written for Trentonian.com