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Tuesday, November 29, 2005

Inquest on taser death reopens debate on use

November 29, 2005
PETTI FONG, Globe & Mail

VANCOUVER -- Personal trainer Roman Andreichikov was on Day 5 of a cocaine binge when, paranoid and distraught over the mistaken idea his girlfriend starred in a porn movie, he tried to jump over his apartment balcony twice.

But his suicide attempts failed, and when a friend called 911 for help, police arrived. The first officer through the door of the apartment had his taser ready for firing.

A coroner's inquest into Mr. Andreichikov's death on May 1, 2004, began yesterday, reopening the debate about police use of tasers. Just one month after Mr. Andreichikov, 25, stopped breathing in his apartment after a taser shot in the chest, Robert Wayne Bagnell, 44, died shortly after he was hit with a taser.

In both cases, police said they were dealing with individuals in cocaine-induced psychosis.

It took four officers to subdue Mr. Andreichikov, a part-time model and personal trainer who was so fit, a friend described him as looking "pumped all the time."

One officer held Mr. Andreichikov's head down on the carpet, another had his knee pressed against the slight but muscular man's back, a third officer handcuffed him and a fourth was holding his legs. Even then, Mr. Andreichikov proved too strong for police.

Testifying at the inquest, Mr. Andreichikov's friend, Rahim Hadini, said he talked the victim back from the ledge when he twice tried to leap from his balcony. When Mr. Hadini first arrived to visit his friend, Mr. Andreichikov was paranoid and fighting with his girlfriend, Jaimie Layno, accusing her of being in a porn movie.

Mr. Hadini said he persuaded Ms. Layno to leave and tried to talk to Mr. Andreichikov, who was dry-mouthed and incoherent. After Mr. Andreichikov tried to jump off the ledge, Mr. Hadini said he called for an ambulance and police showed up. After ordering Mr. Andreichikov to lie down, police tried to subdue him and shot him with a taser gun.

"He was screaming and mumbling that he couldn't breathe," Mr. Hadini said. "The guy holding his head to the carpet said if you're mumbling, you're breathing." A moment later, Mr. Hadini said, his friend was unconscious.

Police statements described Mr. Andreichikov as being like a caged wild animal, who, even after being shot with the taser gun, resisted attempts to subdue him by yelling, kicking and shaking his arms uncontrollably.

Kevin Woodall, the lawyer representing the officer who shot the taser gun, said Mr. Hadini's statement indicates the exchange about whether Mr. Andreichikov was still breathing and the response that if he was mumbling, he still had breath, was actually made between two officers and not between the victim and an officer.

In the past two years, five people in B.C. have died after being shocked with a taser, and the province's chief coroner has called on police to look for other ways to deal with people in a condition known as "excited delirium."

The five-person coroner's jury hasn't yet heard any evidence about toxicology results for Mr. Andreichikov. His girlfriend testified yesterday that he had been using cocaine in each of the five days before his death.

Ms. Layno said she begged Mr. Andreichikov to quit and even tried at one point to get him into a rehabilitation program. She left their apartment on May 1 after their friend convinced her to leave for a couple of hours. When she received a frantic phone call to come home, she arrived just in time to see her boyfriend's body being wheeled out.

Earlier this fall, the Victoria police department released a report on taser use recommending more training and to use it only when a person is actively resisting arrest or poses a threat to others. The report also recommended a person shocked by a taser should be restrained in a way that allows the individual to breathe easily.

Mr. Andreichikov's mother, Diana Andreichikov, said there is no reason why tasers should ever be used.

"He was never violent in his life. He was never dangerous to anybody," said Ms. Andreichikov outside the inquest. She admitted to being shocked to hear her son was using drugs.

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