Thursday, December 17, 2009

Father Files Lawsuit After Sons Taser Death

The father of a Bay City teen who died after police used a stun gun to subdue him has filed a federal suit in U.S. District Court Wednesday.

Brett Elder, 15, died in March after an officer fired a Taser at him.

Police said Elder was intoxicated and took an aggressive stance toward officers responding to a report of a fight inside an apartment at 210 S. Catherine St.

According to documents, when police deployed the Taser to Elder’s chest, he collapsed face first on the living room floor.

Once officers handcuffed the teen, he “began to vomit and breath heavily.” Moments later, Elder "then apparently become unresponsive."

In May, Bay County prosecutor Kurt Asbury said officers would not be charged in Elder’s death, citing that "there isn't evidence that officers committed any criminal act that caused or contributed to the death of Brett Elder."

READ: Bay County Prosecutor Issues News Release

An autopsy performed by Dr. Kanu Virani, a forensic pathologist, found a two-part cause of death for Elder: "alcohol-induced excited delirium" and "application of an electromuscular disruption device," or Taser.

The lawsuit seeks an undisclosed amount of damages in excess of $75,000 and names the city of Bay City and police Cpl. James Lyman as defendants.

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