Showing posts with label death from taser. Show all posts
Showing posts with label death from taser. Show all posts

Friday, January 15, 2010

William Bumbrey III Dies After Being Tasered for Shoplifting

Police Tasered a shoplifting suspect and now he is dead, raising new concerns about the use of what is supposed to be a "non-lethal" weapon. It happened in Pentagon City, Virginia after an officer spotted the suspect inside the metro station.

William Randolph Bumbrey III was accused of stealing some store items from a nearby pharmacy. How that routine shoplifting case led to the use of a Taser and a Bumbrey's death is now under investigation. Arlington County police were on the lookout around 8:00 p.m. Sunday for a shoplifting suspect.

An officer went into Metro knowing it could be a quick and easy getaway. That's where police say the officer found Bumbrey, the stolen goods on him.

"When the officer approached the suspect he became combative and fought with the officer," said Detective Crystal Nosal, with Arlington County Police.

Police say the officer then used his Taser. It should have immobilized the 36-year old suspect but it didn't. A second officer arrived for backup. After Bumbrey was handcuffed, the officers noticed he was having problems breathing and called for medics. Bumbrey died shortly after.

"The officer deployed their Taser. It didn't appear to have an effect on the suspect and the suspect continued to struggle with the officer," said Det. Nosal.

State records show Bumbrey has a conviction on racketeering charges and is a registered sex offender in South Carolina who moved to the District in October. Bumbrey's father lives in Northwest DC.

A friend says the elder Bumbrey called him this morning with the news. "I said your son's dead? What do you mean your son is dead?" Leonard Dixon recalled asking his friend. Dixon says the details were scared.

"All he told me is that they used a Taser gun on him and they couldn't subdue him. It doesn't take a rocket scientist to understand what goes on," said Dixon.

Metro does have cameras inside the Pentagon City Metro, but Metro officials are unaware if the confrontation between the officers and suspect was caught on tape. It's unclear if the Taser even hit Bumbrey. The results of an autopsy and toxicology tests are pending.

Arlington County police say they have more than a hundred Tasers in the department but use them less than 20 times a year. The department says until now it's never had a possible Taser related death.

Police say officers only use the Taser when a suspect fails to comply with orders and the officer fears bodily harm. Unlike the use of a gun, which requires an officer fear for his life, the standards for Tasers are lower because Tasers are not considered deadly force.

Thursday, January 07, 2010

Family of Doctor Files Lawsuit Against Taser International

The family of a 33 year-old doctor who died after being shot with a stun gun by Nevada Highway Patrol officer has filed a lawsuit against Taser International, alleging that the stun gun maker failed to adequately warn about the potentially fatal effects of Tasers.

The wrongful death lawsuit was filed last week in the U.S. District Court in Las Vegas by the family of Dr. Ryan Rich, a single father who was a licensed physician and emergency room resident. The family seeks compensatory and punitive damages against Taser International, saying that the company fraudulently promoted Taser guns as nonlethal weapons.

According to the complaint, Dr. Rich suffered a seizure while on his way to work in January 2007. As a result of his inability to control the pick-up truck he was driving, he was involved in several minor accidents that left him dazed, confused and disoriented when his vehicle came to a stop.

The erratic driving was observed by a Nevada Highway Patrol officer, Loren Lazoff, who approached the vehicle and broke the passenger-side window and turned off the engine. The family alleges that while Dr. Rich was initially not combative, violent or posing any threat to the officer, he pulled away while being handcuffed and began running in the direction of traffic lanes. The officer grabbed the back of Dr. Rich’s shirt and discharged his Taser Model X26 ECD from about 3 to four feet into the chest, delivering 50,000 volts of electricity designed to incapacitate humans.

After discharing the initial 5-second cycle to the chest, Officer Lazoff then subjected Dr. Rich to two more 5-second cycles to the chest when Dr. Rich continued to try to remove the probes. After the third cycle, Dr. Rich reportedly began to move his legs and the officer applied two more 5-second cycles to his right thigh in drive stun mode, for a total of five cycles.

The Taser wrongful death lawsuit indicates that Dr. Rich subsequently turned blue and was transported by ambulance to Spring Valley Hospital where he was pronounced dead. The family claims that Rich died of a heart attack as a direct result of the use of the Taser.

The family alleges that Taser International misrepresented the safety of their stun guns, failed to disclose and failed to warn Nevada Highway Patrol and their officers about the risks, including the risk of ventricular fibrillation and cardiac arrest when a Taser is applied to the chest and that multiple cycles on a single person increase the risk of injury or death. The complaint also alleges that Taser indicated their weapon was an effective, non-lethal control device, when it is actually potentially lethal.

Scottsdale-based Taser International has vigorously defended the safety of the weapons in the media and in other cases, obtaining dismissals of most Taser lawsuits that have been filed against them. This fall, however, the company issued a memo to police agencies throughout the United States warning about the potential Taser heart risks, recommending that officers avoid chest shots.

The Taser gun is designed to incapacitate neuromuscular function by delivering a shock that uses Electro-Muscular Disruption technology. Many law enforcement agencies have deployed the weapons to allow police to incapacitate someone who poses a threat, but there have also been a number of reports of overuse and abuse of the weapons, which could have fatal consequences.

Taser has said it issued the warning not because it believes that the weapons are dangerous, but as a means of legal risk management for law enforcement agencies using their weapons. However, critics have characterized the recommendations as a passive admission that Taser stun guns can cause heart attacks. Taser has disagreed with this interpretation of their recommendations.

The new recommendations, included in a revised training manual, note that the possibility of someone having a cardiac arrest after recently being shot with a stun gun could place Taser and police in the difficult role of having to determine whether the stun gun was a contributing factor. To avoid that, the company recommends that law enforcement agencies train their officers to fire the gun below the chest.

In 2008, Amnesty International released a report on Taser police use, calling for departments throughout the United States to stop using Taser guns or to strictly limit their use to life-threatening situations. The human rights group linked 334 deaths to the use of Taser guns between 2001 and August 2008. Amnesty noted that 90% of the Taser deaths examined involved people who were unarmed and did not appear to present a serious threat to the officers. A large number of the fatalities involved misuse of the weapons, including multiple Taser shocks or exposing suspects to prolonged shocks.

Sunday, January 03, 2010

Preston Bussey III Dies After Being Tasered

Cocoa investigators are trying to figure out how a man died at a hospital after local police shocked him with a Taser.

On Sunday, the victim's family spoke out.

"I feel that he went there for safety, for a safe place and he should have been protected," said Pearl Morice, the mother of Preston Bussey III. "I don't know what happened, but I'm seeking justice."

Bussey, 41, admitted himself to Wuesthoff Hospital with apparent self-inflicted wounds, according to a police report. The emergency room physician called for an involuntary psychological examination. The police report said Buseey became combative and disruptive.

Hospital officials called the Rockledge Police Department, after which two officers deployed their Tasers. Bussey was kept in the waiting room, where he was given medication and placed on a gurney. Buseey died shortly after.

"It's agony to not have answers to dear questions especially when they're dealing with your children," said Preston Bussey Jr., the victim's father.

The family said their son's death was even more painful because another son died at Holmes Regional Medical Center after a struggle with police in 1999.

The Rockledge Police Department said in a statement that they sent their sincerest condolences to the Bussey family during the tragic event.

With the investigation ongoing by the Florida Department of Law Enforcement, the department said it would be premature to comment further on the incident.

Thursday, December 31, 2009

Connecticut Man Dies After Being Tasered

Authorities say a man has died of unknown causes after struggling with Stamford police officers who were called to a city home to detain him.

The man, whose name was not released, was pronounced dead at Stamford Hospital after the incident Wednesday morning.

Connecticut State Police say Stamford officers were called to a Lafayette Street home on a report that the man was agitated and aggressive, and that officers had to use pepper spray and a Taser to subdue him.

They say he went into "medical distress" after being handcuffed, and was treated at the scene until an ambulance arrived to take him to the hospital.

State police officers are investigating the incident.

Monday, December 21, 2009

Michael Hawkins Dies After Being Tasered

Springfield Police Department news release:

The Springfield Police Department is investigating the death of a suspect who was arrested Sunday morning just before 10:00 a.m. for burglary. Michael D. Hawkins, 39, of Springfield was arrested at the Eagles Lodge Motel, 2611 N. Glenstone, after police were called there reference a person hiding in a storage room and refusing to come out.

After police arrived they found Hawkins hiding in a crawl space just above the storage room. Police attempted to talk Hawkins down, but he refused to leave the crawl space. Officers entered the crawl space, along with a police service dog. The dog engaged the suspect in the crawl space. During the engagement the dog broke through the ceiling and fell on to the balcony. The suspect was able to hold on to a rafter and climb back into the crawl space.

After Hawkins got back into the crawl space officers located him, and after he refused to obey several police commands to surrender a Taser was deployed. Hawkins then was taken into custody.

Once in custody police had Hawkins transported by ambulance to the hospital for the dog bite that he received on his upper thigh. After arriving at the hospital Hawkins died.

An autopsy is pending to determine the cause of death.

9 p.m. Update:

Motel guests say they could hear someone crawling through their ceilings just before the confrontation with police. "From what I gathered he was hopped up on drugs," motel tenant Rob Perakis said. "He was on a no-rent list he had been here before."

Hawkins family says he was not an angel but he did just as much good as he did wrong. "I'm sure a lot of these days I’ll look over my shoulder and not see him, wishing he was there," said Greg Hawkins, the dead man's brother.

He says he wishes police just would have waited for his brother to come out. He says he saw the spot his brother's body was Tasered at the hospital. "It was about two inches below the heart," Hawkins says.

According to a training bulletin from the company, Taser International, officers should avoid chest shots to avoid controversy about whether or not the Taser caused a cardiac event.

In the same bulletin the company says those events are rare. “The available research does not support the idea that a TASER ECD can cause ventricular Fibrillation (VF) and demonstrates that while it may not be possible to say that an ECD could never affect the heart under any circumstances, the risk of VF is extremely rare and would be rounded to near zero,” according to the bulletin. It also states in changing situations an officer isn't always able to hit the preferred stomach and leg target areas.

"I just question the location I'm sure with all that voltage it caused his heart to beat irregular," Hawkins says. Police haven't confirmed where Hawkins was Tasered or details leading up to the deployment of the device. They aren't releasing more information until the autopsy is complete. "Whatever crime he was committing was it causing the officers a life and death situation, the dog a life and death situation...no,” Hawkins says. “The thing is he had no where to go."

The family says Hawkins did have some drugs in his system. They say they don't know how much. They, too, are waiting on autopsy results to know the exact cause of death.

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.

Monday, December 14, 2009

Douglas Boucher Dies After Being Tasered

Mason police have called a news conference for 2 p.m. to discuss an incident Sunday in which a man died after officers used a Taser on him during a confrontation outside a Speedway gas station.

The incident occurred outside the Speedway gas station on the corner of Tylersville Road and U.S. 42.

Mason police identified the man as Douglas Boucher, 39, of Mason. Boucher was pronounced dead at West Chester Medical Center shortly after the 11:15 p.m. incident.

A Mason police officer suffered a head injury in the incident and was taken to Bethesda North Hospital. The officer, whose name was not released, was treated and released.

Police said that officers were inside the Speedway getting a drink Sunday when Boucher arrived. A worker asked police to talk to him because he had caused trouble there.

Officers ordered Boucher out of the store, according to Mason police. Once he was outside the store, Boucher became combative with officers and hit one officer in the head, prompting officers to use the Taser on him, police said.

Boucher stopped breathing shortly after the Taser was used. Police gave him CPR and a Mason EMS squad rushed him to West Chester Medical Center, but he could not be revived.

Reached at their home in Marion, Ind., Boucher’s parents declined comment, saying they were still trying to learn all the details. “ I don’t even know what happened yet,” said Ernest Boucher, 68. “I know what they say, but I don’t know what happened.”

Douglas Boucher and his ex-wife, Sheryl Olszewski, divorced in 2005 but remained amicable. They have an 8-year-old daughter, Kathryn, who still lives in Mason with Sheryl Olszewski and her husband, Michael Olszewski.

The couple gently broke the news of her father’s death to the girl on Monday morning.

“Our daughter was his light and inspiration and they enjoyed their visits tremendously. Today is a sad day for her,'' according to a statement by Sheryl Olszewski.

She said her late husband as a musician who played bass for a couple of local bands. “He was a very passionate person – passionate about his daughter, his music and living life fully,” the statement reads.

Mason officers, who all carry X26 Tasers, have never had problems with the stun gun since they began using them in spring 2007, the department said.

Police increasingly are using Taser stun guns and other kinds of non-lethal weapons to subdue people. Taser stun guns use a replaceable cartridge containing compressed nitrogen to deploy two small probes that are attached to the gun. The devices transmit controlled pulses of electricity that are designed to incapacitate a person without affecting the heart and other vital organs.

Deaths after Taser use have stirred debate over police using electric-shock devices to subdue combative people.

The National Institute of Justice issued a June 2008 report saying that a study launched in 2006 showed use of shock devices is not risk-free, but "exposure is safe in the vast majority of cases."

Last year, the Hamilton County Coroner’s Office ruled a shock from a Taser played a role in the death of a 24-year-old Miami University graduate in an encounter with Oxford police.

Butler County Prosecutor Robin Piper concluded the officer did not use excessive force or violate police procedures in subduing Kevin Piskura, 24, of Chicago.

Hamilton County Coroner O’dell Owens ruled three factors caused Piskura’s death: A heart rhythm problem, acute alcohol intoxication and recent physical exertion, and the application of the Taser.

Sunday, December 13, 2009

Sacramento Man Dies After Being Tasered

A 36-year-old Sacramento man died Friday evening following a struggle with police officers and jail staff in the Roseville City Jail.

At 5:19 p.m. on December 11, Roseville Police officers made a traffic stop on Orlando Avenue at Cirby Way and arrested the driver without incident for possession of methamphetamine. Officers transported him to the Roseville City Jail. Once inside the jail booking area, the man became combative and struggled with officers during the intake process. Several police officers responded and attempted to subdue him. During the struggle, staff found an additional quantity of methamphetamine on the arrestee's person.

During the struggle a sergeant deployed a Taser electronic control device, the darts striking the arrestee in the buttocks area. The man continued to resist for a short time, and then stopped breathing. Staff administered CPR and Roseville Fire Department paramedics responded, but were unable to revive the man. He was transported by ambulance to Sutter Roseville Medical Center, where he was pronounced dead.

The decedent's name is being withheld until his family can be notified. The Roseville Police Department has had no prior contacts with the man, but according to court records, he had a lengthy history of arrests in Sacramento County for crimes including robbery, vehicle theft, resisting arrest, and illegal drugs.

The Placer County Coroner's Office will conduct an autopsy to determine the cause of death. The officers involved in the incident have been placed on paid administrative leave per department protocol. A death investigation and an internal investigation are underway.

All questions regarding this incident should be directed to Lt. Mike Doane, 916-871-3286.

Sword-Wielding Man Dies After Being Tasered

A sword-wielding man died early Friday, hours after Hampton police twice used a TASER on him.

It was the first such reported death since officers there began carrying the devices in 2003, said Paula Scheck, a Hampton Police Department spokeswoman. No deaths have been reported in the three South Hampton Roads cities that widely outfit officers with TASERs.

According to a news release from Hampton police, officers responded to a complaint involving an emergency custody order in the first block of Overlook Court about 11 p.m. Thursday. When the 36-year-old man refused to come to the door, police called one of his relatives, who came to the scene.

When officers entered the home, the man swung a samurai-style sword at them, police said. Officers used the TASER on him once, and a second time when he continued to threaten them .

The man stopped breathing, and officers called medics and performed CPR. He was taken to a hospital, where he was pronounced dead at 1:15 a.m., police said.

Police identified the man as Hatchel Pate Adams III of Hampton. Officers involved were placed on administrative leave while the department conducts an internal investigation, according to the news release.

The Suffolk Police Department began carrying TASERs in June 2007. Norfolk added them in February 2008, followed by Virginia Beach this April.

Suffolk has said TASERs have resulted in fewer abuse complaints. But the conducted energy devices made headlines in Norfolk in October 2008 when a police officer used a TASER three times on a brain-damaged woman.

Amnesty International claims that more than 300 people have died after being struck with TASERs. The group says the devices were responsible in about 50 of those cases.

Drug intoxication accounted for most of the other deaths.

Wednesday, December 09, 2009

Pensacola Police Change Pursuit Police

The Pensacola Police Department has changed its pursuit policy as a result of a chase that left a bicyclist dead Oct. 3.

Victor Steen, 17, tried to elude Pensacola police Officer Jerald Ard, who spotted the teen on a bicycle at a construction site at Cervantes and T streets. Ard fired a Taser stun gun from the window of his moving car while chasing Steen.

Steen fell into the path of the cruiser and was hit by the car.

The change announced Tuesday prohibits officers from chasing vehicles, bicyclists and pedestrians through apartment complexes and other heavily populated areas — like mall parking lots — parks and school grounds, in police cars.

Officers should attempt to make arrests by setting up perimeters using adjacent roadways, Pensacola Assistant Police Chip Simmons said.

When pursuing bicyclists and pedestrians on roadways, officers should try to keep at a safe distance from the fleeing suspect in an effort to prevent the suspect from being hurt, Simmons said.

"We wouldn't expect an officer to stop pursuing a dangerous felon," Simmons said. "If the guy is shooting a gun, the officer has do whatever he has to do stop him. He can deviate from the policy as long as he has a justifiable reason."

In October, the Police Department announced a revision to its Taser policy as a result of the fatal incident. Simmons sent a memo saying officers are not allowed to fire stun guns out of or into moving vehicles.

The Florida Department of Law Enforcement continues to investigating Steen's death.

Ard was placed on administrative leave with pay immediately after the incident. He returned to work Oct. 13 and was assigned administrative work for the patrol division.

"It's unfortunate for everyone that this process takes a long time, but we all want a thorough review," Police Chief John Mathis said.

Thursday, November 19, 2009

Brian Cardall Dies After Being Tasered

Prosecutors in southern Utah announced Thursday they will not file charges against Hurricane City police for the death of a mentally ill man they subdued with a Taser.

That's in spite of a medical examiner's report which says the Taser may be what killed him.

Cause of Brian Cardall's death

Officers at the scene attributed Brian Cardall's death to a controversial medical diagnosis called "excited delirium." But the medical examiner's report KSL News obtained Thursday said some elements of that supposed disorder did not occur.

The cause of Brian Cardall's death was ventricular fibrillation--a faulty rhythm in the heart muscle--after he was tased. The medical examiner's report says it "is consistent with findings seen in cases of electrocution," but the report did not conclusively find it was caused by the Taser.

Cardall died of cardiac arrest last June after he was hit by a Taser and then given two jolts of 50,000 volts. He had been diagnosed with bipolar disorder and was experiencing a manic episode, running naked on a rural stretch of state Route 59.

After Cardall's wife called 911 for medical assistance, police officer Ken Thompson fired Taser darts into Cardall's chest.

A team of prosecutors recommended unanimously that Thompson not be charged with a crime.

Washington County prosecutors' findings

Washington County Attorney Brock Belnap said Officer Thompson "responded to a tense, uncertain and rapidly unfolding situation in a manner consistent with his training."

During a press conference Thursday afternoon, Hurricane Police Chief Lynn Excell said, "I was there. I know what happened at the scene. The evidence in this case clearly shows that the officers were justified and that their actions were justified and that their actions were reasonable under that circumstance."

Peter Stirba, who is the attorney representing Hurricane City, said, "We view this as a very deep human tragedy for everyone involved.

But they refused to answer any questions about the investigation or the medical examiner's report.

The report says "it is possible that the [Taser] is a primary or contributory cause of death" and that certain factors increased the risk. Among those was that the Taser's electric darts were not impeded by clothing, so they penetrated into muscle very close to the heart.

"Sometimes two and two equals four; and I think that's what the ME's report said, that he was killed by the tasering," said Cardall family attorney Karra Porter. "What the family wanted, and still wants, is for a more thorough investigation of what happened."

Cardall family's response to report

As for the Cardall family, Porter said they are disappointed but not surprised by the report. She said the investigation failed to address "key evidence" in the case from an eyewitness account of the tasing.

"The prosecutor's office makes no effort to explain the clear contradiction of Officer Thompson's claim that Brian was running at him with the account of both the eyewitness and Anna Cardall that Brian took only a single step towards Thompson," said Porter in the statement.

Porter also told KSL News, "They really still don't explain why Officer Thompson tased Brian again when he's sitting on the ground."

In addition, Porter said the report failed to address the fact that Thompson "got out of the car with his Taser already drawn" and that Thompson "knew that Brian had no weapon."

"In light of the county attorney's decision, the family will discuss their options for ensuring that the full truth emerges regarding Brian's death," said Porter. "I think they also want to feel reassured that steps are being taken to prevent other senseless deaths in the future." [CLICK HERE to read the full statement from Karra Porter].

More than 400 people have died over the years after being tased by police.

As Porter alluded to, the Cardall family is contemplating further legal action. They're also upset that Cardall's wife was detained at the county jail for more than an hour right after her husband died and wasn't even allowed to get a diaper for their baby.

Response from Nami Utah

Meanwhile, the National Alliance on Mental Illness (NAMI) of Utah says the Cardall case shows how important it is that all Utah law enforcement officers receive crisis intervention training.

Sherri Wittmer of NAMI Utah says Utah has one of the best CIT programs in the nation, and it includes how to deal with people who are mentally ill.

Monday, November 16, 2009

Michael Jacobs Dies After Being Tasered

A Tarrant County grand jury Monday declined to indict a Fort Worth police officer who used a Taser for 54 seconds on a man whose death was ruled a homicide.

Michael Jacobs, 24, was hit with the stun gun after he refused to cooperate with officers and became combative, police said. He died April 18.

The Tarrant County Medical Examiner ruled his death was a homicide, one of the few such cases in the country involving the use of Tasers.

Officer Stephanie Phillips has remained on duty and was not suspended or placed on restricted duty.

Data downloaded from her Taser showed she shocked Jacobs for 49 seconds, and a second time for 5 seconds, police said.

His parents had called police to their home that day to help control Jacobs, who had a mental illness, his family said.

The grand jury heard 17 witnesses over six days, said Tarrant County District Attorney Joe Shannon.

"It was the most comprehensive grand jury investigation in my experience," Shannon said. "Anybody who had any information on the subject was heard."

Shannon said he expected no further action.

Jacobs' family declined to comment, but an activist who has met with the family in the past said the grand jury's decision was "a travesty of justice.'

"I'm not sure how an officer can inject 50,000 volts into a human being and not at least be indicted for involuntary manslaughter," said Rev. Kyev Tatum, president of the Fort Worth branch of the Southern Christian Leadership Conference. "You have a medical examiner ruling it was a homicide -- a death at the hands of another human being."

Fort Worth Police Chief Jeffrey Halstead forwarded a copy of the city's internal investigation to the FBI, but there is no indication the federal agency has launched its own probe.

The chief declined to be interviewed Monday, citing a lawsuit filed by Jacobs' family, but did issue a written statement.

"The police department appreciates the grand jury’s thoughtful deliberation and impartial decision in regards to this case," he said. "We continue to lift up the Jacobs family in prayer during this difficult time for them. Officer Stephanie Phillips will remain on duty as a Fort Worth police officer and will face no disciplinary action. This case is considered closed.”

Taser International did not return a call seeking comment. In October, the company advised police departments not to shoot the stun gun at a suspect's chest, saying there is a small chance of an "adverse cardiac event."

Friday, October 30, 2009

Court Rules Fatal Tasering Wasn't Justified

The 11th Circuit rebuked Orlando officers for Tasering an unarmed man eight to 12 times in two minutes, causing his death. Judge Stanley Marcus said the repeated shocks were "grossly disproportionate to any threat posed and unreasonable under the circumstances."

According to an eye witness, Anthony Carl Oliver Sr. flagged down officer Lori Fiorino from a grassy median. She allegedly pulled out her Taser gun and asked him what was wrong. "They're shooting at me," he told her, and pointed across the street.
Fiorino tried to calm him down, and later said he had been "very fidgety."

The witness said Oliver wasn't belligerent and threatened or cursed at the officer.

Fiorino called for backup, and she and responding officer David Burk considered taking Oliver in for a psychiatric evaluation, because they thought he might be mentally unstable.

When Burk tried to get Oliver to cross the street, Oliver "struggled and pulled away from him," according to the ruling.

Without warning, Fiorino Tasered him in the stomach, bringing him to the ground. Once the five-second pulse wore off, she Tasered him again. The witness said Oliver never got up after the first Tasering, and never hit, punched, kicked or threatened the officers.

Oliver, who was lying on the hot asphalt, allegedly screamed that it was "too hot." Fioriono said she may have Tasered Oliver 11 or 12 times, explaining that she kept pulling the trigger until he stayed on the ground. Her Taser log showed eight times in two minutes, with each shock lasting five seconds.

After officers handcuffed Oliver, he began foaming at the mouth, according to Fiorino. She said she was unable to remove all the Taser prongs from his body.

Paramedics put him on a stretcher and loaded him into an ambulance, where he began to have a seizure. He was pronounced dead at Florida Hospital, a result of "being struck by a Taser," according to a forensic pathologist.

Amy Shirley Oliver filed suit on behalf of Oliver's estate, claiming the officers' use of excessive force had killed him.

Fiorino and Burk asked the district court to dismiss the case on the basis of qualified immunity, but the district court refused.

The Atlanta-based appeals court affirmed.

"The justification for the repeated use of Taser force, at least beyond an initial Taser shock, was minimal," Judge Marcus wrote.

Oliver was not accused or suspected of any crime, posed no immediate threat to officers or others, did not act belligerently, was not trying to flee, and
was "largely compliant and cooperative with officers," Marcus noted.

"We agreed with the district court's determination that the force employed was so utterly disproportionate to the level of force reasonably necessary that any reasonable officer would have recognized that his actions were unlawful," the court concluded.

Saturday, October 17, 2009

19-year-old Dies After Being Tasered

A 19-year-old man died late Friday after San Bernardino city police used a Taser on him at a residential mental health facility, authorities said.

Police were called to Orchid Court, 307 S. Arrowhead Ave., around 11:30 p.m. regarding a fight involving three people, according to a news release.

Officers separated the three, but one of them became combative and was "tased," police said.

Following standard procedure, officers called paramedics to treat the unidentified man. Paramedics started to examine the man, who stopped breathing, police said.

The man was taken to a St. Bernardine Medical Center where he was pronounced dead, according to the San Bernardino County coroner's office. An autopsy is pending to determine the cause of death.

Friday's fatality occurred at a residential mental health center listed as one of the partners of the county's Office of Behavioral Health. Orchid Court is a state-licensed assisted living facility.

The incident marks the third time in less than three months that a suspect has died shortly after being stunned with a Taser by police in the Inland area. Jonathan Nelson, 27, of Rancho Cucamonga was stunned twice on July 30, once by deputies in Hemet and again in a Riverside County jail cell.

Terrace Clifton Smith, 52, of Moreno Valley was Tasered by police and suffered a fatal seizure on Aug. 9.

Critics of law enforcement use of Tasers have said the mentally ill and those under the influence of narcotics can have serious reactions to the electrical charge delivered by stun guns.

San Bernardino officers are not instructed to use Tasers any differently on people suspected of mental illness or drug use, Lt. Gwendolyn Waters said.

Sgt. Dario Robinson, who trains fellow officers on Taser use for the San Bernardino Police Department, said what some of the criticism fails to address is what happened before police used a stun gun.

"There is really no evidence to pinpoint that the Taser is the cause," Robinson said. "... There are so many other factors that lead up to the incident."
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Tuesday, October 06, 2009

Rickey Massey Dies After Being Tasered

An Albany man died Friday night after being stunned by Panama City Police officers during a joint narcotics investigation with the Bay County Sheriff's Office and the Bay Area Drug and Gang Enforcement Squad (BADGES), Florida Department of Law Enforcement spokesperson Michael Morrison said Monday.

The state department is currently investigating the incident that led to the death of Rickey R. Massey, 38, of Albany.

According to Florida authorities, Panama City police and the Bay County Sheriff's Office were conducting a joint narcotics operation near Turtle Lake apartments in Panama City around 2:30 p.m. Friday when they stopped a vehicle with four occupants who they believed to be in possession of drugs.

When officers approached the vehicle, they saw Massey swallowing what appeared to be cocaine. Authorities said that when they tried to stop Massey, he resisted and a struggle between Massey and officers ensued.

One of the officers used a Taser on Massey in an effort to subdue him.

Authorities said that after the Taser was applied, Massey began to have medical problems and was taken to a hospital, where he later died.

Panama City medical examiners performed an autopsy of Massey's body on Saturday and are currently waiting for the toxicology report and a review of tissue samples before determining the cause of death, officials said.

It is unknown at this time whether drugs or the Taser was the cause of Massey's death.

Bernard Crapps, 30, of Panama City and Jarell Daniels, 25, of Albany were in the vehicle with Massey and have been charged with possession of a controlled substance with intent to distribute and possession of drug paraphernalia.

Eric Oneal Sims, 24, who was also in the vehicle, is facing weapons and drug charges.

Morrison said that the Florida law enforcement officials are currently investigating the incident and are interviewing witnesses.

"We are currently on a fact-finding mission," he said. "There is an active investigation that is ongoing and we will have the results of that investigation soon."

Monday, October 05, 2009

Carlos Rodriguez Dies After Being Tasered by Deputies

A man died after sheriff's deputies used a Taser stun gun to subdue him during an altercation at an apartment complex in Norcross. Twenty-seven-year-old Carlos Rodriguez died yesterday at a hospital from injuries he received during a fight with two deputies.

Gwinnett County Sheriff's Department spokeswoman Stacey Bourbonnais says the deputies first went to the apartment complex to serve an unrelated eviction. But they noticed Rodriguez, who appeared heavily intoxicated.

The sheriff's department says that when deputies approached him, he became combative and got into a fight with them. Authorities say another man tried to subdue Rodriguez by using a chokehold. An autopsy is pending and the two deputies were placed on paid administrative leave while the incident is being investigated.


http://www.portcityunderground.com/?p=102546

Wednesday, September 23, 2009

Three Officers Investigated for Tasering Death of Richard Battistata

Three Laredo police officers are on administrative duty pending investigation of the death of a man they shocked with a Taser gun.

Police spokesman Alberto Escobedo says the three officers answered a pre-dawn criminal mischief report Monday and confronted 44-year-old Richard Battistata. That's after the man allegedly had broken a bedroom window and entered an apartment.

Escobedo says that during the confrontation Battistata turned combative and one officer used the Taser to subdue him.

Instead, Battistata became unresponsive and police called an ambulance. He died soon after arriving at Doctors Hospital.
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More Information: http://www.pro8news.com/news/local/60417377.html

Monday, September 21, 2009

Denver City Council May Settle Police Brutality Lawsuit

The Denver City Council may settle a police brutality lawsuit for $225,000, city officials said Monday.

The federal lawsuit alleges Denver police brutalized and repeatedly used a Taser on Alberto Romero, 47, who died, allegedly from injuries he sustained during the incident, The Denver Post reported. The confrontation took place in front of Romero's home July 16, 2007.

In the suit, Debra Christine Romero, the personal representative of his estate, claims Romero was unarmed and posed no threat to the police.

The settlement was on the agenda of the council meeting Monday.

The autopsy report showed Romero had eight broken ribs, four puncture wounds in his back and bottom, and multiple scratches and bruises on his face, arms, shoulders, stomach, knees, back, hands, fingers and left foot. In addition, his lower lip was split and his tongue was cut, the newspaper said.

Tuesday, September 08, 2009

Shane Ledbetter Dies After Being Tasered

The man who was hospitalized after a violent struggle with Aurora police officers last week has died.

Shane Ledbetter, 38, ran from police on Thursday as they were arresting another man who was wanted on several arrest warrants including a felony, statewide extradition warrant.

Ledbetter ran through Mission Viejo Park and into a creek bed, where officers caught up with him.

Police said he was combative and resisted arrest so an officer shocked him with a Taser gun to subdue him. After he was shocked, Ledbetter became unresponsive and officers performed CPR while paramedics were called, said Aurora police spokeswoman Shannon Youngquist Lucy.

Ledbetter died early Sunday morning.

Ledbetter was wanted on several felony warrants including an escape warrant issued in Jefferson County in 2004.

The Arapahoe County Coroner's Office will perform an autopsy on Ledbetter early this week, but a final determination on his cause of death may take several weeks due to the amount of time it takes to get toxicology reports back, Lucy said.

As per policy in such an incident, detectives with the major crimes/homicide unit have been actively investigating the incident.

An Aurora patrol officer who was injured during the foot chase and arrest remains on medical leave. Investigators are uncertain when he will be well enough to speak with them, but hope to complete an interview later this week.

Detectives will turn over their report to the Arapahoe County District Attorney's Office when it is completed.

Tuesday, September 01, 2009

Michael Jacobs Dies After Being Tasered

The family of a Texas man who died after being repeatedly tasered by Fort Worth police are demanding an investigation into his death.

The Tarrant county medical examiner ruled on Thursday that the death of 24-year-old Michael Jacobs was a homicide.

Police responded to Jacob's home on April 18 after a call from his family.

Jacobs, suffering from bipolar disorder and schizophrenia, had become erratic after going off his medication.

Family members say that he yelled at the police as they attempted to calm him down, but had raised his hands as a sign of surrender before an officer shocked him repeatedly with a taser.

The case will now be handed over to a grand jury.