Friday, February 13, 2009

Houston Tasering Death Case Goes to Court

HOUSTON

A woman whose son died after he was Tasered by Precinct 1 deputy constables four years ago appeared in court Friday for her wrongful death suit against Harris County.

“She is here to try to get justice for her son,” Nagel’s attorney, Kent Spence, said.

Four years ago, Nagel called deputies to her home for help.

Her son, Joel Don Casey, a paranoid schizophrenic, had gone off his medication.

Deputies tried to take him to a hospital for evaluation, but they said Casey became violent.

Deputies used their Tasers to subdue him and handcuffed his hands and legs.

“Very unfortunate, but they were just trying to do their job,” Harris County Attorney Frank Sanders said.

Fifteen minutes later, the deputies radioed for help.

“He’s slowing down. We’ve got the suspect in the vehicle at this time. Stand by EMS to this unit ASAP please. Be advised suspect’s not breathing. He’s not being responsive,” deputies said on the radio.

Casey died on his 52nd birthday.

Now, attorneys for Nagel are trying to prove the deputies were aware that placing Casey in restraints could result in death.

When asked on the stand what he would do differently, Deputy Gehring said he “would do it the same.”

Had the question been directed at Nagel, though, the response might be different.

“She doesn’t think she can ever recover,” Spence said of Nagel.

Still, she’ll seek to recover damages from the county.

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