Study urges police to be cautious with stun guns

May 27, 2011
Dave Collins, Associated Press

HARTFORD, Conn. (AP) — Police officers using stun guns should avoid shooting suspects multiple times or for prolonged periods to reduce the risk of potential injury or death, according to a new U.S. Justice Department study prompted by hundreds of police-involved deaths across the country.

Coroners and other medical experts on the study panel concluded that while the effects of prolonged and repeated stun gun use on the body are not fully understood, most deaths officially attributed to Tasers and similar devices are from multiple or lengthy discharges of the weapons.

The panel reviewed nearly 300 cases in which people died from 1999 to 2005 after police shot them with stun guns, but found that most of the deaths were caused by underlying health problems and other issues. Of those cases, the experts examined 22 in which the use of stun guns was listed as an official cause of death.

The study released Tuesday by the department's research arm, the National Institute of Justice, concludes that it's appropriate for officers to use stun guns to subdue unruly or uncooperative suspects, as long as police adhere to "accepted national guidelines and appropriate use-of-force policy." It also makes several recommendations, including medical screenings for all people shot with stun guns.

The experts also noted that evidence shows the risk of death from a stun gun related incident is less than 0.25 percent, and there's no conclusive evidence that stun guns cause permanent health problems.

"What this study suggests is, indeed, less-than-lethal technologies ... can be effectively used by law enforcement," said John Laub, director of the National Institute of Justice.

Justice Department officials said the study began more than six years ago after Amnesty International and other groups blamed many death of suspects in police custody on stun gun. Both Amnesty International and the United Nations Committee Against Torture have called the use of stuns guns a form of torture in some cases.

More than 12,000 law enforcement agencies nationwide had issued about 260,000 stun guns to officers as of spring of last year, the study said. Of the more than 600 arrest-related deaths in the U.S. each year, there are very few cases in which stun guns are cited the cause or contributory factor, the report said.

Officials at Taser International, the maker of the leading stun guns, said Thursday that there are no peer-reviewed medical studies that have found that prolonged or repeated use of Tasers cause death. In 2009, however, the company advised Taser users to try to avoid shooting people in the chest, because of a very low risk of a health problem.

Alvaro Garzon, a 46-year-old drug and alcohol addiction counselor from New Haven, said the study's cautions about firing stun guns multiple times make sense. Garzon has filed a brutality complaint with New Haven police saying a city officer shot him with a stun gun four times last year during a domestic disturbance call.

"After two times it should be enough," Garzon said in Spanish on Thursday while his daughter, Lina, interpreted for him. "You don't feel good after the second shot. I felt like I was burning inside."

Garzon, who was accepted into a probation program on a charge of assault on a police officer, said he was treated at a hospital for lung problems, and he continues to suffer from the trauma. The status of Garzon's police complaint wasn't immediately clear Thursday night.

Police across the country have faced heated criticism for stun gun deaths.

Connecticut state police are investigating the May 1 death of 26-year-old Marcus Brown, who authorities say was shot with a stun gun by Waterbury police while he was in the back of a police cruiser and handcuffed. Brown's family is calling for federal authorities to investigate; the official cause of death is still pending.

Waterbury police say Brown, who was about 5 feet 6 inches tall and 125 pounds, became combative. The officer who shot Brown, Adrian Sanchez, had been placed on administrative duty under normal procedures.

Earlier this month, Connecticut state police released an investigation report that showed how Middletown police last year shot 35-year-old Efrain Carrion 34 times with stun guns to subdue him while responding to a report that he was despondent and violent. Carrion died later that day.

The medical examiner concluded Carrion died of "excited delirium," a cause of death not recognized by many medical groups but one the Justice Department says is well documented. Several officers were cleared of wrongdoing in the incident.

Last year, a jury in Louisiana acquitted former Winnfield officer Scott Nugent, who was accused of shooting handcuffed suspect Baron Pikes eight times with a Taser gun and charged with manslaughter. Pikes later died.

In 2006, police in Green Cove Springs, Fla., shot a 56-year-old woman in a wheelchair 10 times with a stun gun and she died. Police say Emily Marie Delafield was swinging knives and a hammer at relative and police, and officers had tried to talk her into dropping the weapons before they were forced to subdue her. The officers' actions were found to be justified.

Lt. J. Paul Vance, a spokesman for Connecticut state police, said police officers never want to get into a situation where they're forced to fire Tasers or other weapons.

"Certainly you're looking for voluntary compliance from a suspect ... but unfortunately that's not always achievable," Vance said.

Montreal's overall crime rate down, homicides up

May 26, 2011
Katherine Wilton, Montreal Gazette

...

Police use of Taser stun guns dropped to seven incidents last year from 11 in 2009.

The public security committee, which held hearings last year into the force’s use of Tasers, has ruled that police should use the stun guns only when they’re the sole alternative to a firearm.

...

Investigation into B.C. Taser incident continues

May 26, 2011
CBC News

It could be another six weeks before the West Vancouver police complete their investigation into why a Mountie stunned an 11-year-old boy with a Taser near Prince George, B.C., last month.

The boy was shocked April 7 after he allegedly stabbed a caregiver at his government run group home, the RCMP has said.

West Vancouver Police Chief Pete Lepine says officers conducting the investigation have interviewed the Mounties involved and witnesses, and are now consulting with legal counsel and experts on police use of force.

Lepine said he understands the sense of urgency around the case, but he wants to ensure a fair, thorough and transparent investigation and the probe might not be finished until early July.

B.C.'s Representative for Children and Youth Mary Ellen Turpel-Lafond has also said she will launch a special investigation into the incident, including reports that some group home staff members are using police to help discipline children.

Louisiana man dies after he is tasered by police

May 18, 2011 - Kirklin Woodridge, 29, Marrero, Louisiana

Coroners Inquest - Sean Reilly

A Coroner's Inquest into the death of Sean Reilly is taking place this week and into next week in Brampton, Ontario:

Monday (May 16), Tuesday (May 17), Wednesday (May 18), Friday (May 20), Tuesday (May 24)

Monte Carlo Inn Airport Suites
7035 Edwards Blvd Brampton
One block east of Hurontario off Derry Rd
Princess Grace Rm on 6th Floor
9:30am to 5pm

Sean Reilly, age 42, died on September 17, 2008. According to reports, he was tasered twice.

Ninth Circuit Court of Appeals Upholds Jury Verdict Against TASER International, Inc., in Wrongful Death Suit

First-Ever Products Liability Verdict Upheld

San Francisco, CA (PRWEB) May 11, 2011

The Ninth Circuit Court of Appeals has upheld the first-ever plaintiff’s products liability verdict against Scottsdale based TASER International, Inc., the leading manufacturer of Electronic Control Devices (“ECDs”). TASER had sought to overturn the jury’s wrongful-death verdict claiming various errors during the trial (see the attached Memorandum Decision). However, a unanimous three-judge panel substantially rejected TASER’s appeal and affirmed the verdict. The plaintiffs are extremely gratified by the court's ruling which holds TASER responsible for the death of their son and brother, respectively, according to their attorneys, John Burton of Pasadena, California and Peter M. Williamson of Woodland Hills, California.

According to the plaintiffs' complaint, on February 19, 2005, Robert C. Heston began acting erratically inside his family's Salinas, California home. Suspecting a drug relapse, Heston's father called the police reporting his son's bizarre behavior and asked for help. Officers from the Salinas Police Department used their TASER ECDs repeatedly, ultimately subjecting Heston to 75 seconds of electrical discharges. As a result, Heston suffered a cardiac arrest. He was removed from life support and died the following day.

In their lawsuit, Heston v. City of Salinas, et al., N.D. Cal. Case No. C 05-03658 JW (United States District Court for the Northern District of California (San Jose)), Heston's parents alleged that TASER ECDs are unreasonably dangerous and defective for use on human beings because they were sold without adequate testing and without sufficient warning that multiple shocks on people under the influence of drugs can cause cardiac arrest and death.

On June 7, 2008, the Heston jury found that TASER knew or should have known that its M26 model ECD was dangerous because prolonged exposures to the device pose a substantial risk of cardiac arrest to persons against whom the device is deployed. The jury also found that TASER International failed to adequately warn purchasers of its device of the risks associated with its use. It awarded the parents of Robert Heston $1,000,000 in compensatory damages and $5,000,000.00 in punitive damages. The jury also awarded Heston's estate $21,000.00 in compensatory damages and another $200,000.00 in punitive damages. However, it also found Robert Heston 85% comparatively negligent for the incident which ultimately resulted in his death. After post-trial motions, the trial court vacated the punitive damage awards leaving a net verdict of $150,000 to the parents of Robert Heston and $3,150 to his estate. TASER was also ordered to pay $1,423,000.00 in attorneys’ fees under the California Private Attorney’s General statute to attorneys John Burton of Pasadena, California and Peter M. Williamson of Williamson & Krauss of Woodland Hills, California who successfully represented the Heston family.

In upholding the verdict, the Ninth Circuit Court of Appeals did not disturb the jury’s findings that substantial evidence existed to prove that TASER knew or should have known that its M26 model ECD was dangerous because prolonged exposures to the device pose a substantial risk of cardiac arrest to persons against whom the device is deployed. The Court, however, did vacate the jury’s award of $3,150 to the Heston estate concluding that insufficient evidence was presented at the trial to support this award. The Court also vacated the award of attorneys’ fees to plaintiffs’ counsel agreeing with TASER that the trial court abused its discretion by awarding such fees under the California Private Attorney’s General statute.

Independent, civilian office to investigate B.C. police officers accused of wrongdoing

May 17, 2011
The Canadian Press

VICTORIA — RCMP officers in British Columbia accused of serious wrongdoing will have their cases examined by an independent investigations office under legislation tabled Tuesday by the B.C. government.

The new office will be led by a civilian who has never worked as a police officer and will be responsible for investigating serious criminal allegations against officers in municipal forces as well as the RCMP.

"B.C.'s office will investigate a broader range of police-involved incidents than Ontario's model and be more independent than Alberta's, reporting to the attorney general rather than the minister responsible for policing," Solicitor General Shirley Bond told the legislature in introducing the bill.

Bond said the legislation is the fulfillment of the key recommendation from retired judge Thomas Braidwood's report into the October 2007 death of Robert Dziekanski at Vancouver's airport.

Braidwood and RCMP officials were in the legislature's public gallery to witness the tabling of the bill.

Investigators with the Independent Investigation Office will have the same status and powers as police to conduct criminal investigations into death or serious harm or other incidents involving officers.

The office's director will have the ability to appoint a civilian monitor with access to all the information on an investigation and with the ability to raise concerns to the director about the integrity of an investigation, the government said in background information.

Those who work as investigators for the office will be appointed by the office's director. In the early going, ex-police officers can be hired, but they can't have actively worked as a B.C. police officer in the previous five years.

Long-term, the goal is to progress to a fully civilian investigative staff and the Independent Investigation Office will face a review before Jan. 1, 2015, to determine whether it is on the road to meeting that goal.

"It is critical that British Columbians have confidence in our police and that the police are accountable to them," said Premier Christy Clark.

"This legislation is an historic step for policing in B.C. and will strengthen public faith in the dedicated officers who work so hard to keep our families safe."

Introduction of the legislation, which has been anticipated for months, was welcomed by critics who have long complained about police investigating themselves in such incidents.

Robert Holmes, president of the B.C. Civil Liberties, said he was "very pleased" to hear the government was acting on Braidwood's "critically important recommendations."

Idaho man dies of an "unknown medical event"

May 16, 2011
Spokesman-Review

May 16, 2011: Unidentified male, age unknown, Boundary County, Idaho

A fatal confrontation involving a Boundary County deputy sheriff this morning in North Idaho is under investigation.

Details remained sketchy this afternoon, but the Sheriff’s Department confirms that one person is dead following an early morning encounter with a deputy who was responding to a report of a naked man blocking a road just off U.S. Highway 95.

Initial reports indicate the deputy used a Taser while attempting to subdue the man, but sheriff’s officials declined to discuss specifics about the investigation. The department, in a news release, would say only that “the subject appeared to have an unknown medical event.”

Identity of the dead man was being withheld while authorities tried to locate and advise his relatives. The identify of the deputy involved also was being withheld.

Medics were summoned to the scene but the man was pronounced dead at Boundary Community Hospital in nearby Bonners Ferry.

Circumstances surrounding the death are being investigated by Idaho State Police, which was asked by the sheriff to provide an independent investigation.

According to the Sheriff’s Department, a female motorist called shortly before 1 a.m. Monday to advise that she had encountered a vehicle blocking a local road and that when she attempted to assist, an unclothed man emerged. The woman returned to her vehicle and took an alternate route while contacting the sheriff’s department.

Victoria Police Proof of Concept Study - Body Worn Video and In Vehicle Video

February 2010
Victoria, British Columbia, Canada

Staff Sergeant Darren Laur (see also Darren Laur)
Constable Brendon LeBlanc
Constable Trevor Stephen
Constable Peter Lane
Debra Taylor

Mounties using their heads to video crime, deal with suspects

May 16, 2011
By Jim Bronskill, The Canadian Press

OTTAWA — The RCMP like to say they always get their man, and soon they might have video of him, too.

The national police force is studying the use of head-mounted video cameras to record confrontations with suspects.

The move follows RCMP field trials in Kelowna, B.C., and Moncton, N.B., last year in which the force tested — and later rejected — other video devices.

Included in the trials were the Taser Cam, an accessory for newer-model stun guns made by Taser International, supplier to the RCMP, and the Vidmic, an audio-video recorder that attaches to an officer's belt radio.

During the pilot, 132 Vidmic video clips were recorded and the Taser Cam was used twice, say RCMP documents obtained by The Canadian Press under the Access to Information Act. In addition, several still photos were taken with the Vidmic.

The RCMP records show the devices didn't quite meet the force's needs.

Members "expressed concerns" with the Taser Cam because it began recording only when the stun gun's safety switch was set to the armed position, says an August 2010 report on the field trials.

It meant that, in one Kelowna episode, "a significant amount of communication and negotiation" with a man who tried to harm himself and threatened police was not captured on video, notes the report.

In that case, the Taser was not fired.

"Had the situation ended differently, with the subject not complying, the efforts made by the members to de-escalate the situation would not have been recorded," the report says.

Because the Vidmic was mounted on the member's vest or jacket, it was not always pointed in the direction the member was looking, says the report.

Officers also had technical concerns with the Vidmic, including the fact it beeped every few seconds when the battery was low.

"It was noted this could have officer safety implications if the members were conducting a silent approach on foot to an incident."

As a result, late in the trial, the force began looking at a head-worn camera that slips over the ear and connects to a portable mini-computer on the belt.

Ten Axon devices, made by Arizona-based Taser International, were tested only in off-duty settings, such as training, because the video recordings were downloaded directly to a site in the United States, posing potential privacy concerns.

"The members immediately reported that the Axon camera resolved the issues and limitations they had noted with the Vidmic," say the RCMP notes.

Though officers found the mini-computer "quite bulky," the Axon "warranted a more in-depth review."

Based on feedback from officers, the RCMP began new research last month focusing on the head-mounted cameras, said Sgt. Pat Flood, an RCMP spokeswoman.

No field trial is yet underway, she said. But the internal RCMP memos say funding has been set aside in anticipation of the next trial, which might include other police forces.

"If a further pilot is approved, the recordings will be housed in Canada," say the notes. "There is also opportunity to bring other law enforcement agencies in on the expanded pilot project as the server can house their data separately."

At least two other Canadian police forces have tested body-worn video devices. A report on the Victoria police department's 2009 trial found the technology provided "the best evidence possible" and that the video could be used in court. It also said officers' awareness of their surroundings increased, while public hostility and aggressiveness decreased.

Police tout video as a means of documenting their side of the story when conflicting accounts of an altercation arise. However, civil libertarians have warned that police use of video raises important questions about the citizens' rights.

The British Columbia Civil Liberties Association has argued that it's no coincidence a number of videos police misconduct have come from the public, not police.

A vivid example is the case of Robert Dziekanski — who died in 2007 after being hit with an RCMP Taser at the Vancouver airport — an episode recorded by a fellow traveller carrying a video camera.

The RCMP report recommends that future study of video look at data storage and retention, cost, training and recertification, and privacy-related concerns.

Researchers Zap Industry-Funded Studies on Stun Gun Safety

May 16, 2011
Christine Young, Fair Warning

Plenty of studies suggest that the stun guns that police sometimes use to subdue suspects are safe. But a new analysis questions the credibility of at least some of that research.

That analysis, by cardiologists at the University of California, San Francisco, was based on a review of 50 published studies on Taser guns. According to a university news release, 23 of the studies either were financed by Taser International Inc., the leading maker of electrical stun guns, or were written by an author affiliated with the company.

The other 27 studies were conducted by independent researchers.

In findings delivered at a conference this month, the UC researchers said all but one of the manufacturer-backed studies said stun guns were either not harmful or not likely to be harmful. Yet among the independent assessments, only slightly more than half — 15 of the 27 studies — came to similar conclusions.

“When you look at the research, you find out a lot of the articles that are touted by police departments are funded by the company,” Dr. Byron Lee, an associate professor at the university and senior author of the study, told The New York Times.

The potential hazards of stun guns were demonstrated last week when a 43-year-old man died after being stun-gunned by deputies in Southern California’s San Bernardino County, according to the Los Angeles Times.

Deputies tried to stop the man after he allegedly ran a stop sign. Cindy Bachman, a sheriff’s department spokeswoman, said the suspect, who had no prior criminal record, had become “combative and uncooperative.” The victim’s father said he was told that his son was Tasered about eight times.

In 2009, five men in San Bernardino County and neighboring Riverside County died after being shot with stun guns, Inland News Today reports. In response, Taser issued an advisory that aiming the device at a suspect’s chest could cause an “adverse cardiac arrest.”

Truth, Not Tasers, a website that tracks stun guns deaths, says 19 people have died so far this year, and 65 were killed last year, in U.S. stun gun incidents.

N.S. government trying to hide cause of Hyde's death, sister says

May 13, 2011
By MICHAEL MacDONALD The Canadian Press

The sister of a mentally ill Nova Scotia man whose death in a jail cell prompted a public inquiry is accusing the Nova Scotia government of trying to hide the cause of Howard Hyde's death.

Joanna Blair has written a scathing letter to Premier Darrell Dexter, saying she is ``shocked and saddened'' by the government's official response to the inquiry, released Thursday.

Blair's letter says the government has ``failed'' her brother and all Nova Scotians because its response is at odds with the inquiry's conclusion that Hyde's death was caused by a struggle with guards whose restraint techniques may have interfered with his breathing.

Instead, Blair says, the government's response revives a medical examiner's conclusion that Hyde died of a condition known as excited delirium due to paranoid schizophrenia — a controversial finding rejected by the head of the inquiry, provincial court judge Anne Derrick.

``This 52-page brochure ... succeeds only in propounding the use of the term 'excited delirium,''' Blair writes in the letter, released Friday.

``We requested the inquiry because we did not believe my brother died of the now renamed 'autonomic hyperarousal state.'''

The government's response says the province has yet to clarify its guidelines for Taser use, saying a ``clear understanding of how the use of conducted energy weapons may affect individuals in an autonomic hyperarousal state is needed.''

A spokeswoman for Dexter confirmed his office received the letter, but the premier had yet to read it.

In her inquiry report released in December, Derrick said she agreed with one expert who testified that citing excited delirium as a cause of death resulted in Hyde being ``identified as the culprit.''

``The only useful approach is to understand that Mr. Hyde died because of physiological changes in his body brought on by an intense struggle involving restraint,'' Derrick wrote. ``He did not die because he was mentally ill.''

She also said there is considerable controversy within the medical community as to whether excited delirium is a legitimate medical condition.

The issue received considerable scrutiny during Derrick's 11-month inquiry, as it did during the public inquiry into the death of Polish immigrant Robert Dziekanski, who died in October 2007 after he was Tasered by a Mountie at Vancouver International Airport.

A subsequent independent report commissioned by the RCMP also criticized the use of the term, saying the condition is sometimes used as an excuse to justify firing stun guns.

In February 2009, the RCMP restricted the use of stun guns to cases involving threats to officers or public safety, confirming that officers had previously been instructed to use the weapons to subdue suspects thought to be in a state of excited delirium.

That term no longer appears in RCMP operational manuals because the force has taken the position that its officers can't be expected to ``diagnose conditions.''

In her letter, Blair also suggests it was wrong to describe her brother as mentally ill.

``That the government of Nova Scotia could attempt to mask the actual cause of death, restraint, and couch my brother's fate within the fabrication of the ignorant and unthinking terminology of 'mental illness' — a term he never agreed with — is staggeringly disheartening.''

During Derrick's inquiry, which wrapped up last June, the judge was told Hyde had been diagnosed with schizophrenia when he was in his 20s.

Former Newfoundland Premier Danny Williams' son stun gunned in Florida

May 13, 2011
CBC News

There are reports that the son of former premier Danny Williams was shot with a stun gun after an incident at a Florida night club last month.

Daniel Mark Williams, 35, was arrested after he allegedly assaulted a bouncer at a bachelor party.

The Globe and Mail is reporting that he took ten swings at the security guard after he was asked to leave the bar for arguing with several people.

The report says when Williams resisted arrest, officers had to use a taser.

Williams was charged with simple battery, disorderly conduct and obstructing or resisting an officer without violence following an incident, the sheriff's office in Pinellas County says.

Williams was arrested by police at Treasure Island, a resort community near St. Petersburg, after an altercation at a sports bar.

The St. John's Telegram reported Thursday that Williams ran into trouble at the Gators Sports Bar, and refused to leave the bar when requested.

Lt. Armand Boudreau told the Telegram that Williams is accused of punching a security guard at the bar 10 times.

Williams paid $800 in a bond and was released within hours.

Police in Treasure Island told CBC News that the incident is not unusual. The allegations against Williams are not considered particularly serious, as they are misdemeanour charges.

Speaking with CBC News on Thursday, Williams said he could not comment on specific details of the case.

He said, though, that he was with close friends during a wedding trip to Florida, and that "the charges result from a misunderstanding with the bar staff."

He said he could not comment further until the issue is resolved.

Cop sues CBC over Tasered teen story

May 13, 2011
Tony Blais, QMI Agency - Edmonton Sun

EDMONTON - Edmonton police officer Mike Wasylyshen has filed a $100,000 defamation lawsuit against the CBC regarding a TV broadcast about him repeatedly Tasering a city teen.

According to a statement of claim filed in Court of Queen¹s Bench on April 28, Wasylyshen alleges the 2009 broadcast falsely stated he admitted to committing a number of violent and potentially criminal acts.

In particular, Wasylyshen claims the story stated he is a cop with a record for assault who is "admitting to once again crossing the line," which he says implies he has admitted to having committed an assault or other crime.

The 12-year veteran also alleges the April 29, 2009 item on the 6 p.m. TV news stated he had admitted to both having "repeatedly Tasered a passed out teenager then beat him" and having hit the teen so hard on the back of the head with the butt of the Taser that he "snapped off a tooth when he landed face first on the ground."

According to the statement of claim, the broadcast, when taken as a whole, is defamatory because it falsely states Wasylyshen has admitted to having used unreasonable and excessive force towards a defenseless teenager when carrying out his duties as a police officer.

A statement of defence has not yet been filed. Statements of claim and statements of defence contain allegations which have not been proven in court.

Wasylyshen is currently before a police disciplinary hearing regarding the 2002 Tasering incident on internal charges of unlawful or unnecessary exercise of authority and insubordination, and is awaiting a decision.

According to agreed facts, Wasylyshen and four other officers were dispatched to a complaint of a group trying to steal a parked car on Oct. 5, 2002, near Abbottsfield Road.

The cops ordered the people out of the car and three of four people inside exited, but Randy Fryingpan, then 16, was passed out in the back seat from drinking and did not respond to the order to get out of the car.

Wasylyshen then deployed his Taser on Fryingpan eight times in 68 seconds "in what appeared to be an effort to remove the passed-out youth from the vehicle," according to the Law Enforcement Review Board decision.

At the disciplinary hearing, Wasylyshen testified he Tasered Fryingpan six times, not eight, and maintained it was an appropriate use of force.

Wasylyshen, 35, was fined $500 and given a criminal record on April 16, 2009 for a Dec, 18, 2005 off-duty incident on Whyte Avenue where he drunkenly punched a man on crutches he called a "cripple," and threatened to burn down the home of a security guard who helped him.

Perjury charges laid against RCMP involved in Dziekanski's death

May 12, 2011
Neal Hall, Vancouver Sun

VANCOUVER -- Perjury Charges now have been laid against four Mounties involved in the in-custody death of Robert Dziekanski at Vancouver's airport in 2007, the criminal justice branched announced today.

The charges were laid against RCMP Cpl. Benjamin (Monty) Robinson, and Const. Kwesi Millington, Const. Bill Bently and Const. Gerry Rundel.

They will make a first court appearance June 29 in B.C. Supreme Court in Vancouver.

The charges were laid after Vancouver senior lawyer Richard Peck was appointed to review the evidence.

Peck recommended perjury charges be laid against the officers, who allegedly lied during their testimony at the Braidwood Inquiry, which probed Dziekanski death on Oct. 14, 2007.

Inquiry commissioner Thomas Braidwood concluded the officers were not justified in using a Taser on Dziekanski and found the four officers displayed "shameful conduct."

The officers will go to trial by direct indictments, which eliminates the need for a preliminary hearing in Provincial Court.

Dziekanski, 40, had come to Canada to live with his mother, who lived in Kamloops.

Unable to speak English, he spent more than 10 hours in the airport and could not find his mother, who eventually went home, thinking her son never arrived from Poland.

Dziekanski, exhausted and possibly delirious, began throwing things around and someone called police.

Seconds after the four Mounties arrived, Dziekanski was jolted five times with a Taser by a junior officer, who had never used a stun gun before.

The officers testified they feared for their safety after Dziekanski grabbed a stapler and came at them with it raised as a weapon. They said Dziekanski had to be jolted more than once because the first shot didn't cause him to fall

A bystander captured the incident on video, which contradicted the officers' testimony.

The video, which was posted on the Internet and caused an international outcry, showed Dziekanski fell after the first Taser jolt and then screamed and writhed in pain from multiple electric shocks from the conducted energy weapon.

He died after he was handcuffed face down on the airport floor.

Hyde death prompts N.S. changes

May 12, 2011
CBC News

The Nova Scotia government says it is still trying to mend gaps in the justice system more than three years after the jail cell death of a mentally ill man.

Howard Hyde died on Nov. 22, 2007, after a struggle with guards at the Central Nova Scotia Correctional Facility in Dartmouth, N.S., in which the 45-year-old schizophrenic man was shocked with a Taser up to five times in the 30 hours before he died.

"People with mental illness are from time to time going to come into the justice system. We really need to have a much better, seamless, relationship between these two departments," Health Minister Maureen MacDonald said of her department and the Justice Department.

Hyde fell through the cracks between the justice system and the health system, with doctors releasing him to police, expecting he would be sent for a mental-health assessment. He was never sent for an assessment and died in police custody.

Three weeks ago, Nova Scotia opened an intensive care ward at the East Coat Forensic Psychiatric Hospital in Burnside. Hyde would likely have been sent there, had it existed at the time.

Call for stun gun restraint

In December, provincial court Judge Anne Derrick released a report into Hyde's death that concluded the repeated jolts from the Taser did not cause him to die. She also said excited delirium — a condition characterized by increased strength, paranoia and suddenly violent behaviour marked by profuse sweating and an elevated heart rate — was not the cause of death.

"The only useful approach is to understand that Mr. Hyde died because of physiological changes in his body brought on by an intense struggle involving restraint," Derrick wrote at the time.

"He did not die because he was mentally ill."

As one of Derrick's 80 recommendations, she said stun guns should not be used against emotionally agitated people, except as a last resort.

In its formal response to Derrick's report, the government said Thursday that the use of stun guns has dropped since Hyde's death but provincial guidelines on the use of conducted energy weapons are still being finalized.

Better than lethal options

Justice Minister Ross Landry and MacDonald had little to say about the other recommendations in Derrick's report and simply said the training program for those dealing with mentally ill people had been revised.

"You can see upon some occasions where not having that instrument you might have to resort to another piece of equipment that could give lethal force," Landry said.

The ministers said all of the judge's recommendations were considered, including increasing funding for mental health services.

MacDonald said a mental health strategy, to be released in the fall, will provide more details on the 90 actions the government is taking. Of those actions, 20 have to do with training in dealing with people with mental health issues as well as conducted energy weapons.

The government did not say how much it would cost to implement these actions or when it would be in place.

"Unfortunately Howard died and that's very troubling," said Stephen Ayer of the Schizophrenia Society of Nova Scotia. 'However things have changed immensely because of his death."

Calif. Man Dies After Cops Use Stun Gun During A Traffic Stop

May 12, 2011
by Eyder Peralta, NPR

A routine traffic stop ended in the death of a 43-year-old California man. The Los Angeles Times reports that San Bernardino County Sheriff's deputies attempted to stop Allen Kephart, after they say he ran a stop sign. Cindy Bachman, a sheriff department spokeswoman, told the Times that Kephart drove to a gas station about a quarter of mile away, got out of the car and "became combative and uncooperative:"

"The deputy attempted to place him under arrest, at which time he was Tased," Bachman said. "He became unconscious, and medical aid was immediately provided, CPR."

Kephart was taken to a local hospital, where he was declared dead.

The San Bernardino Sun reports this was Kephart's first real run-in with police. His father, reports the Sun, is a 20-year member of the San Bernardino County sheriff's Rangers volunteer unit.

"They're not dealing with a criminal, a druggie, a gang banger. They were dealing with someone that was in the community for 43 years, that never ever had been arrested or had any problem with law enforcement," his father, Alfred Kephart, told the Sun.

Back in 2009, five men in the area died after being hit with stun guns. Inland News Today reports that led Taser International, a maker of stun guns, to issue an advisory that said aiming the device at a suspect's chest could cause an "adverse cardiac arrest."

Truth, Not Tasers, a website that keeps track of stun guns deaths in the United States, says 19 people have died in stun gun incidents in 2011. 65 people died in the U.S. last year, according to the site.

A 2008 study by Amnesty International found that in 90 percent of stun gun incidents, suspects were unarmed. In June of 2010, Amnesty International reported more than 400 people had died after being stun gunned by police.

The Los Angeles Times reports Kephart was Tased about eight times by two deputies.

California man dies after he is tasered by police

May 10, 2011
Lori Consalvo, The Sun

A man died Tuesday after sheriff's deputies fired a taser at him following a short pursuit and struggle in Twin Peaks.

About 3:15 p.m., San Bernardino County sheriff's deputies saw a vehicle run a stop sign in the area of Highway 18 and Daley Canyon.

The deputy attempted a traffic stop, but the driver of the vehicle continued another quarter mile and pulled into a gas station, said sheriff's spokeswoman Jodi Miller.

"The subject exited the vehicle but was extremely uncooperative with deputies," Miller said.

Sheriff's deputies used a taser on the man while trying to take him into custody.

The man became unconscious and officials conducted CPR on him at the scene, on the way to the hospital and again at the hospital where he was pronounced dead, Miller said.

Sheriff's homicide detectives were called to investigate the death. An autopsy will be conducted to determine the cause of death.

The name of the man was not released Tuesday night.

Ninth Circuit Court of Appeals Upholds Jury Verdict Against TASER International, Inc., in Wrongful Death Suit

May 11, 2011
PRWeb

First-Ever Products Liability Verdict Upheld
San Francisco, CA (PRWEB)

The Ninth Circuit Court of Appeals has upheld the first-ever plaintiff’s products liability verdict against Scottsdale based TASER International, Inc., the leading manufacturer of Electronic Control Devices (“ECDs”). TASER had sought to overturn the jury’s wrongful-death verdict claiming various errors during the trial (see the attached Memorandum Decision). However, a unanimous three-judge panel substantially rejected TASER’s appeal and affirmed the verdict. The plaintiffs are extremely gratified by the court's ruling which holds TASER responsible for the death of their son and brother, respectively, according to their attorneys, John Burton of Pasadena, California and Peter M. Williamson of Woodland Hills, California.

According to the plaintiffs' complaint, on February 19, 2005, Robert C. Heston began acting erratically inside his family's Salinas, California home. Suspecting a drug relapse, Heston's father called the police reporting his son's bizarre behavior and asked for help. Officers from the Salinas Police Department used their TASER ECDs repeatedly, ultimately subjecting Heston to 75 seconds of electrical discharges. As a result, Heston suffered a cardiac arrest. He was removed from life support and died the following day.

In their lawsuit, Heston v. City of Salinas, et al., N.D. Cal. Case No. C 05-03658 JW (United States District Court for the Northern District of California (San Jose)), Heston's parents alleged that TASER ECDs are unreasonably dangerous and defective for use on human beings because they were sold without adequate testing and without sufficient warning that multiple shocks on people under the influence of drugs can cause cardiac arrest and death.

On June 7, 2008, the Heston jury found that TASER knew or should have known that its M26 model ECD was dangerous because prolonged exposures to the device pose a substantial risk of cardiac arrest to persons against whom the device is deployed. The jury also found that TASER International failed to adequately warn purchasers of its device of the risks associated with its use. It awarded the parents of Robert Heston $1,000,000 in compensatory damages and $5,000,000.00 in punitive damages. The jury also awarded Heston's estate $21,000.00 in compensatory damages and another $200,000.00 in punitive damages. However, it also found Robert Heston 85% comparatively negligent for the incident which ultimately resulted in his death. After post-trial motions, the trial court vacated the punitive damage awards leaving a net verdict of $150,000 to the parents of Robert Heston and $3,150 to his estate. TASER was also ordered to pay $1,423,000.00 in attorneys’ fees under the California Private Attorney’s General statute to attorneys John Burton of Pasadena, California and Peter M. Williamson of Williamson & Krauss of Woodland Hills, California who successfully represented the Heston family.

In upholding the verdict, the Ninth Circuit Court of Appeals did not disturb the jury’s findings that substantial evidence existed to prove that TASER knew or should have known that its M26 model ECD was dangerous because prolonged exposures to the device pose a substantial risk of cardiac arrest to persons against whom the device is deployed. The Court, however, did vacate the jury’s award of $3,150 to the Heston estate concluding that insufficient evidence was presented at the trial to support this award. The Court also vacated the award of attorneys’ fees to plaintiffs’ counsel agreeing with TASER that the trial court abused its discretion by awarding such fees under the California Private Attorney’s General statute.

Officer who fired Taser at Dziekanski to plead not guilty

May 7, 2011
Petti Fong, Toronto Star

VANCOUVER—The RCMP officer who fired the Taser at Polish immigrant Robert Dziekanski at the Vancouver airport will plead not guilty to perjury charges, his lawyer said Saturday.

Nearly four years after the fatal encounter between Dziekanski and four Mounties, perjury charges are recommended against the officers.

An earlier RCMP investigation into the officers’ actions led crown counsel to determine potential criminal charges for manslaughter or assault with a deadly weapon would unlikely lead to a conviction.

But an independent investigation by a special prosecutor appointed by the provincial government late Friday recommended charges of perjury against the four officers.

Ravi Hira, the lawyer for Const. Kwesi Millington, the Mountie who fired the Taser, said the recommended charges were unexpected.

“Naturally my client is disappointed that the special prosecutor is proceeding with the charge,” Hira said Saturday. “He will be pleading not guilty and he will be answering the evidence as it unfolds.”

Special prosecutor Richard Peck concluded following his investigation that pursuing charges related to the physical interaction between Dziekanski and the four officers on Oct. 14, 2007 which led to the Taser being fired would not be successful.

But Peck did recommend charges of perjury against Consts. Millington, Gerry Rundel, Bill Bentley and Cpl. Monty Robinson. The maximum penalty, which is extremely rare, is 14 years for a conviction.

Each of the four officers at the public inquiry testified under oath that they felt physically threatened by Dziekanski, 40, who was unarmed.

In his report of the inquiry’s findings released last year, Commissioner Thomas Braidwood found that the officer who fired the Taser was not justified in using the weapon and all of the officers offered “unbelievable after-the-fact rationalizations.” The officers made “deliberate misrepresentations for the purpose of justifying their action.”

The retired judge also said he disbelieved the officers’ claims that there was no discussion among them about the incident before being questioned by internal homicide investigators within the RCMP.

Braidwood said Dziekanski, who did not speak English, was compliant and did not move toward any of the officers. He concluded the officers did not honestly believe they were being attacked when the decision was made to fire the Taser.

Millington, who now works for an Ontario detachment, testified that the officers had to wrestle Dziekanski to the ground when video showed that he fell after the first shot was fired from the Taser.

The incident was captured on video taken by bystander Paul Pritchard. It showed the RCMP officers had fired the Taser within 30 seconds of first arriving at the scene of a 911 call about a disturbance in the international arrivals area at the airport.

Dziekanski was on his first-ever flight arriving in Vancouver from Poland. His mother Zofia Cisowski was to meet him at the airport. But because of miscommunications, Dziekanski and his mother never found each other and he was left stranded for nearly 10 hours without any assistance.

The RCMP has apologized to Cisowski and given her an undisclosed financial settlement.

In a statement, Cisowski said the RCMP should not have investigated itself.

“It has been a long and painful ordeal over the last three-and-a-half years of delay and misinformation by the RCMP,” Cisowski said. “I hope that justice will finally be achieved in the death of my son.”

UCSF doctor questions Taser studies

Deputy who refused Taser shock has lawsuit dismissed

Attorney Daniel Lapointe Kent: "A great injustice has been done," Kent said. "It doesn't make sense to require someone to go through what can only be characterized as some kind of dangerous rite of passage."

We agree.

May 7, 2011
Robert Annis, IndyStar

A federal judge has dismissed a lawsuit filed by a former deputy who said he was wrongly fired by the Hamilton County Sheriff's Department after refusing to receive a shock from a Taser.

Ray Robert sought reinstatement, back wages and punitive damages, saying a back condition led him to refuse mandatory training that included a one- to five-second jolt from the stun gun.

U.S. District Judge Jane Magnus-Stinson disagreed, saying in her ruling earlier this week that Taser exposure "does not result in long-term damage and teaches deputies first-hand the effects of the Taser . . . that might otherwise be abused."

She added, "Its unique nature justifies specialized education and training that can be done with little risk of injury during training."

Robert's attorney, Daniel Lapointe Kent, said he would appeal.

"A great injustice has been done," Kent said. "It doesn't make sense to require someone to go through what can only be characterized as some kind of dangerous rite of passage."

Tasers temporarily incapacitate suspects by delivering five seconds of 50,000 volts of low-amperage electricity through two barbs shot into the body from up to 21 feet away.

Hamilton County requires all deputies to carry Tasers, including civil deputies such as Robert who serve court papers and generally are not directly involved with law enforcement.

Police agencies often maintain that it's important for officers to experience the Taser's shock so they will show restraint in using the device. Most training programs give officers the choice of being shot with the barbs or receiving a shorter jolt through a pair of alligator clips attached to a pant leg.

Robert, who filed the lawsuit in 2009, said two doctors, including one chosen by the Sheriff's Department, advised him against receiving the shock. He feared the electrical jolt and ensuing muscle spasms could further injure a damaged vertebra and a metal plate in his back.

When Robert refused, then-Sheriff Doug Carter offered him a job in the control room at the Hamilton County Jail.

Robert, who had retired as a merit deputy in 2007 and was earning a pension in addition to his salary as a civil deputy, refused the new job. Carter fired him in December 2008.

"It wasn't a 'reasonable accommodation' as required by law," Kent said. "The control room (in the jail) is where they send people in trouble, where employees sit in front of a computer screen all day.

"It's much different than being outside in a patrol car serving papers."

But Magnus-Stinson said the Taser exposure was "essential to the role of civil deputy process server . . . (and) Robert's inability to participate in the training and, consequentially his inability to use a Taser, render him unable to perform his essential job functions."

She added that Robert's back and other physical ailments would actually make him better suited for the control room job offered by Carter.

Sheriff's Maj. Tom Gelhausen said Friday that of 200 deputies and employees who had the training, only one reported an injury when the probe hit the person's skin.

"There is a discomfort level," he said. "You're being neuromuscularly incapacitated, so you stop whatever you're doing. . . . It's important to teach officers the firsthand effects of the Taser. They need to know what can happen if it's taken away and used on them and how quickly the combatant can recover from a shock.

"It deters the officer from abusing the weapon. It's also important so the officer can bolster his credibility at trial."

Mounties in Dziekanski death face perjury charges

CTV BRITISH COLUMBIA
With files from CTV British Columbia's Peter Grainger

The four Mounties involved in the Taser death of Robert Dziekanski in October 2007 will face criminal charges.

B.C. special prosecutor Richard Peck is recommending laying perjury charges against all of the officers related to misinformation given during the independent inquiry into Dziekanski's death, the provincial Criminal Justice Branch confirmed Friday.

Peck's recommendations will now be forwarded to the provincial attorney general's office for review.

The veteran lawyer ruled out proceeding with any criminal charges linked to the officer's conduct at the airport the night Dziekanski died.

"Mr. Peck has concluded that there is no substantial likelihood of conviction in relation to any potential charges arising from the circumstances of the physical altercation with Mr. Dziekanski or the subsequent investigation into his death," the CJB wrote in a statement issued late Friday in response to inquiries by CTV News.

Dziekanski's mother, Zofia Cisowski, said the special prosecutor's report will be released within two weeks.

She said charges are something she's been waiting for since the death of her son.

"It is very important to me, Robert's case. It is my life now," she said.

The province appointed Peck last year in response to the blunt assessment of inquiry commissioner Thomas Braidwood that the four Mounties deliberately misled investigators about what happened during their confrontation with Dziekanski at the Vancouver International Airport.

The public inquiry also stated that the officers were not justified in their use of force against the Polish immigrant, who did not speak any English.

Braidwood said Dziekanski's death, which was captured on a now-infamous amateur video, "shocked and repulsed people around the world" and the four officers acted improperly at nearly every step of the brief and tragic encounter.

Cisowski filed a wrongful death lawsuit in 2009 against the RCMP and others, but settled the case after receiving a public apology from the force and an undisclosed financial settlement.

Her lawyer said the officers could face charges in Dziekanski's home country of Poland if they are not charged in Canada.

"Justice Braidwood said that this was shameful conduct on the part of the police and that people were shocked and repulsed around the world. We're hoping that our institutions work," Bill Sundhu said.

The Braidwood Inquiry cost B.C. taxpayers almost $4.5 million.

One of the officers involved, Cpl. Benjamin (Monty) Robinson, is currently suspended from the RCMP and will soon stand trial for obstruction of justice following an unrelated fatal car crash in October 2008.

Robinson failed two separate police breathalyzer tests after hitting motorcyclist Orion Hutchinson with his Jeep.

Const. Gerry Rundel, the first officer to take the stand at the official inquiry into Dziekanski's death, is currently on desk duty in Nanaimo.

Const. Bill Bentley, who had been working at the Vancouver airport for just one month when Dziekanski died, is working for an RCMP security detail in Toronto.

The constable who fired the Taser, Zwesi Millington, is working for a commercial crime section in Milton, Ontario.

Millington's lawyer, Ravi Hira, said that his client will fight the charges.

"Naturally my client is disappointed that the special prosecutor is proceeding with charges," Hira told CTV News on Friday. "He will be pleading not guilty and plans a vigorous defence."

RCMP refused to comment on the case Friday.

Long Island Man Dies in Police Custody

May 6, 2011
Wall Street Journal

Daniel McDonnell, 40 years old, West Babylon, New York

MEDIA ADVISORY May 6, 2011 – Re: CRIMINAL CHARGES LAID AGAINST RCMP OFFICERS - YVR (ROBERT DZIEKANSKI)

CANADIAN CIVIL RIGHTS MOVEMENT (CCRM)
www.civilrightsmovement.ca

MEDIA ADVISORY May 6, 2011 – Re: CRIMINAL CHARGES LAID AGAINST RCMP OFFICERS - YVR (ROBERT DZIEKANSKI)

Issued by Zofia Cisowski, Mother of Robert Dziekanski:

I am pleased that the Special Prosecutor has announced criminal charges against RCMP officers involved in the death of my son, Robert Dziekanski, at Vancouver Airport in October 2007.

It has been a long and painful ordeal over the last 3 ½ years of delay and misinformation by the RCMP. The RCMP should not be investigating itself. I and thousands of others, especially through CCRM Petition had urged the appointment of a Special Independent Prosecutor to review the evidence and recommend charges. The Special Prosecutor has acted against the testimony of the RCMP Officers. Police officers are not above the law and I will await the verdict of the Courts. I hope that justice will finally be achieved in the death of my son Robert Dziekanski.

I am very grateful to Sima Ashrafinia and especially Paul Pritchard and his determination in seeking release of the video that showed what really happened to my son. I would also like to express my appreciation to Justice Braidwood and his Inquiry. His Report resulted in the government finally appointing a Special Prosecutor. I met with the Honourable Barry Penner, Attorney General of British Columbia, on April 21, 2011 and urged him to implement ALL of Justice Braidwood’s recommendations. This is vitally necessary so that no other mother should have to needlessly lose and mourn a child in the manner I have and so that the public can trust and have confidence in the police and operation of justice in British Columbia. I will continue to watch whether our lawmakers fully implement meaningful and proper changes as recommended by Justice Braidwood.

For further contact with me, please call Zygmunt Riddle (604) 868-7070 and for further information please call B. William Sundhu (lawyer) at 250-574-2124.

Zygmunt Riddle
zriddle@shaw.ca

UCSF Heart Doctors Uncover Significant Bias in Taser® Safety Studies

OfficialTASER on Twitter:

OfficialTASER
@phxbizjournal #TASER studies repeated by independent orgs (UCSD & Wake Forest) validated results & directly refute any claim of bias.
2 hours ago Favorite Retweet Reply

OfficialTASER
@ucsf #TASER studies repeated by independent orgs (UCSD & Wake Forest, etc) validated our results & directly refute any claim of bias.
2 hours ago Favorite Retweet Reply

Of the 50 articles studied, 23 were funded by TASER International, Inc. or written by an author affiliated with the company. Nearly all (96 percent) of the TASER-supported articles concluded the devices were either “unlikely harmful” (26 percent) or “not harmful” (70 percent). In contrast, of the 27 studies not affiliated with TASER International, 55 percent found that TASERs are either “unlikely harmful” (29 percent) or “not harmful” (26 percent).

Louise Vance
louise.vance@ucsf.edu
415-502-6397

May 6, 2011

The ongoing controversy surrounding the safety of using TASER® electrical stun guns took a new turn today when a team of cardiologists at the University of California, San Francisco announced findings suggesting that much of the current TASER®-related safety research may be biased due to ties to the devices’ manufacturer, TASER International, Inc.

In a research abstract presented at the Heart Rhythm Society’s 32nd Annual Scientific Sessions at the Moscone Center in San Francisco, study author Peyman N. Azadani, MD, research associate at UCSF’s Department of Medicine, Division of Cardiac Electrophysiology, and senior author Byron K. Lee, MD, associate professor of medicine in UCSF’s cardiology division, set out to gauge the accuracy of 50 published studies on the potential dangers of using TASER® products. Lee directs the Electrophysiology Laboratories and Clinics in UCSF’s Cardiology Division, and first published research on the safety of law enforcement use of TASERs in 2009.

The new study’s authors report that among the product safety studies they analyzed, the likelihood of a study concluding TASER® devices are safe was 75 percent higher when the studies were either funded by the manufacturer or written by authors affiliated with the company, than when studies were conducted independently.

Azadani, Lee and three colleagues divided TASER® safety study outcomes into four categories: harmful, probably harmful, unlikely harmful and not harmful. Of the 50 articles studied, 23 were funded by TASER International, Inc. or written by an author affiliated with the company. Nearly all (96 percent) of the TASER-supported articles concluded the devices were either “unlikely harmful” (26 percent) or “not harmful” (70 percent). In contrast, of the 27 studies not affiliated with TASER International, 55 percent found that TASERs are either “unlikely harmful” (29 percent) or “not harmful” (26 percent).

TASERs are the most popular brand of electrical stun guns, used primarily by law enforcement agencies to incapacitate combative suspects. The devices, also marketed for home use, deliver electrical pulses that stimulate the nervous system and cause involuntary muscle contractions. Advocates of using such conductive energy devices, or CEDs, say that they are effective and cause only temporary physical symptoms. Critics and scientists have raised concerns about the potential dangers of using TASER® devices, particularly on pregnant women, the elderly and very young, and individuals with underlying medical conditions.

The UCSF-led research findings have been submitted for publication but are not yet published in a peer-reviewed scientific journal. The study’s other authors are Zian H. Tseng, MD and Gregory M. Marcus, MD, both assistant professors of medicine at UCSF School of Medicine, Division of Cardiology, and Simon Ermakov, BA. The scientists conclude that when reading about TASERs, the public should consider the funding source and author affiliation when evaluating an article’s safety conclusions.

UCSF is a leading university dedicated to promoting health worldwide through advanced biomedical research, graduate-level education in the life sciences and health professions, and excellence in patient care.

ENGLAND: IPCC finds police officers were right to use Taser on man having epilpetic fit

May 4, 2011
Manchester Evening News

A police watchdog has found that officers who used a Taser gun TWICE on a man who was having an epilpetic fit were right to do so.

But officials at the Independent Police Complaints Commission have now asked for a review of GMP's policy for dealing with people experiencing medical episodes after Howard Swarray was zapped at a Whalley Range gym.

Mr Swarray, 41, was working out at the Powerleague gym on Wilbraham Road when he suffered a seizure and collapsed.

Witnesses said that as he came round he began to struggle with staff and paramedics and police were called.

One officer was recorded en route as saying: "If he is getting aggressive I am sure 50,000 volts will stand him up."

When police arrived they unsuccessfully tried to handcuff Mr Swarray, who remembers nothing of the incident.

One officer then hit him on the arms and legs before his Taser-trained colleague, who had made the earlier comment, authorised himself to use the weapon, which is allowed under GMP policy.

He discharged it once and when it appeared to have no effect fired it again, this time in 'drive stun' mode.

Mr Swarray was then handcuffed but officers said he continued to act aggressively so they used 'various methods' to restrain him further, including bending his
toes back. Another officer stood on his legs.

Mr Swarray was then sedated with the horse tranquilliser ketamine and spent more than two weeks in hospital which included eight days in a drug-induced coma.

Eventually he was diagnosed with kidney failure.

A health expert told the IPCC that although a Taser could cause muscle damage it was most likely that Mr Swarray's condition was caused by physical exertion or resisting physical restraint.

Three ambulance staff were treated in hospital for bruises after the episode, which happened on 23 November 2009.

Mr Swarray submitted a complaint via his solicitor claiming the use of the Taser on him was innappropriate and that officers used excessive force.

But the IPCC investigation found that while some of the tactics used were 'questionable', 'no officers breached policies or procedures or comitted misconduct'.

Despite those findings the watchdog has asked the Association of Chief Police Officers to carry out a review into the tactics used for dealing with people experiencing serious medical episodes.

They have cited 'sufficient public concern' around incidents such as Mr Swarray's for doing so.

IPCC Commissioner Ms Naseem Malik said: "It is evident from our investigation that the officers involved were responding to an incident in which a man appeared to be violently resisting attempts to deliver medical treatment.

"Subsequent medical evidence shows Mr Swarray had been in the recovery stage of an epileptic seizure and not in control of his actions. However, although the initial report had suggested Mr Swarray was having a seizure, at the point the officers arrived to provide assistance it is evident the exact cause of Mr Swarray's behaviour had not been fully established.

"The fact is all of the actions taken by the officers were within their training and did not breach force policies. There is nothing within either ACPO or GMP policies that prevents the use of Taser against a person who has suffered an epileptic seizure.

"With hindsight actions such as giving commands and attempting compliance through pain to a person who was already known to be unresponsive were questionable. However the officers were considering options within their training and the officer who discharged the Taser believed he had no other option.

"The language used by the officer en route to the incident was inappropriate and suggested a certain mindset. However it is evident he then considered tactical options before deciding to use the Taser.

"However, while our investigation has found individual officers have acted correctly, the overriding concern remains that a medical condition exists that can prompt an individual to be in a totally disorientated state which can result in them being incredibly violent, yet the only option open to police officers in dealing with such an individual at present appears to be to deliver controlled violence.

"While I recognise that police need to protect the public and themselves against violent individuals, my concern is whether there is an alternative to the use of a Taser to deal with people whose violence arises from a medical condition such as epilepsy. For this reason the IPCC is writing to ACPO to suggest that, in conjunction with relevant charities or healthcare providers, they consider whether other, potentially less violent tactics could be used in these types of situations to ensure people suffering medical emergencies receive the right care and that frontline police officers have the relevant knowledge to assist them.”

Hearing delayed in Tasering of transit fare-evader

May 3, 2011
Sarah Douziech, The Province

A public hearing into a Vancouver transit cop’s alleged abuse of authority stemming from the Tasering of an alleged fare-evader in 2007 was delayed Monday.

The hearing, originally scheduled for May 2, was announced by B.C.’s police watchdog in November after police agencies that investigated the case disagreed about the appropriateness of the officer’s actions.

Police complaint commissioner Stan Lowe has alleged Const. Dan Dickhout abused his authority during the incident.

On Sept. 13, 2007, Dickhout was checking SkyTrain fares and found Christopher Lypchuk had allegedly not paid the fare.

While Dickhout was writing a ticket, Lypchuk fled down a stairwell at Scott Road Station.

Dickhout caught up and Tasered him, causing Lypchuk to fall to the ground and hit his head.

The hearing has been delayed because the transit officer’s lawyer is challenging Lowe’s power to call a hearing, a spokesperson for the police complaints commission in B.C. said.

Last Wednesday, Steven M. Boorne filed an injunction in court that, if approved, could cancel the public hearing entirely.

If it’s overruled, MacDonald said the hearing could be rescheduled., but it wouldn’t be until 40 days following the ruling.

Bruce MacDonald, a senior investigative analyst with the commission, said their role is to restore or preserve public confidence in investigations of police misconduct or discipline.

“In terms of transparency and accountability, the police complaints commissioner retains the discretion to call a public hearing at any time,” MacDonald said.

The use of Tasers by law enforcement created an international black eye for Canada in October 2007 when Polish immigrant Robert Dziekanski died after being Tasered by RCMP officers at Vancouver International Airport.

Taser use by Transit police was called into question in early 2008 after it was reported they were used on two non-violent alleged fare evaders.

Incompetence or Wilful Neglect?

by Dr. Michael Webster, Police Psychologist

Dr. Webster is a Canadian police psychologist with more than 30 years' experience in police crises and training. He has managed hostage-takings and kidnappings and trained or worked with Vancouver police, RCMP, Europol, the FBI and police in Mexico, Colombia and Australia.

Incompetence or Wilful Neglect?

In my opinion, the discussion around whether or not the RCMP should have deployed a TASER on an 11 year old child and under what conditions such an act would be permissible puts the cart before the horse. The fact is that those RCMP members who carry TASERs are carrying question marks on their duty belts. The weapon is uncertified and unregulated. It has never been evaluated by the Canadian Standards Association or any other electrical safety standards body anywhere in the world. Further, its health and safety effects have never been subjected to rigorous, independent and impartial research. I find it remarkable that RCMP decision makers and its insurers have not backed away from this weapon, especially in light of recent admissions by Taser International.

Is this incompetence or just wilful neglect?

The incident in Prince George recalls a number of historic issues around the TASER that have, never been addressed by RCMP management. In the 1990’s the RCMP considered using the TASER, and conducted pilot projects focused on gathering the requisite data upon which to make an informed decision. Looking back, the assistance of qualified specialists should have been sought. The resulting report was plagued by several major limitations including an incomplete review of the pertinent literature, an over-reliance on information supplied by Taser International, too much emphasis placed upon anecdotal information from police persons, and limited outside consultation. There was no consultation with national medical or mental health associations, or government agencies like Health Canada, which has a product safety lab.

Moreover, the Canadian public and its law enforcement community were misled by the Victoria police officer who wrote the “Independent Evaluation of Conducted Energy Weapons” in 2000. That report for the Canadian Police Research Centre (CPRC), was not independent. This officer accepted stock options from Taser International and was moonlighting as a TASER trainer, while tasked with what was supposed to be an impartial evaluation. He told the public that an abundance of medical research proved the safety of the weapon, and that it met safety standards set by the International Electrotechnical Commission and the Underwriters Laboratory. Neither of these statements was true. So the weapon entered Canada on the basis of a CPRC study best described as “amateurish”, and with misrepresentations supplied by a seriously compromised police officer. This same man, with his ongoing undisclosed financial relationship with the manufacturer, became manager of the joint CPRC/RCMP TASER Evaluation Project in 2002. It evaluated the effectiveness of TASERs in Canadian weather, but not their safety on human health. This now restricted report was used to justify the wider deployment of TASERs to police forces across Canada.

Is it incompetence or just wilful neglect that leads the RCMP to ignore this?

Taser International recently (2010.05.01) issued a new training manual for the X26 TASER. It includes a long list of alarming risks and warnings which contradicts its original safety claims and confirms what critics have been saying for over a decade. Here are only a few of these warnings. The company cautions that the weapon “has not been scientifically tested on pregnant women, the infirm, the elderly, small children, and low body mass persons . . . the use on these individuals could increase the risk of death or serious injury”. The company goes on to admit that the TASER “can produce physiologic or metabolic effects, which include changes in: acidosis, adrenergic states, blood pressure . . . heart rate and rhythm . . .” With this statement Taser International confirms experts’ belief that the TASER can capture the heart and alter it’s rhythms in healthy adults. Obviously the risk is even higher when a Taser is used on a child.

Taser International abdicates responsibility for its own weapon by recommending that “all TASER . . . users conduct their own research, analysis, and evaluation”. Wouldn’t you think a manufacturer would want to be able to assure the public of its product’s safety before it went to market? Are you conducting research, analysis, and evaluation on the medications you use, or was this done by the drug company before they brought their product to the marketplace?

Is the RCMP’s lack of response to these unsettling admissions from Taser International incompetence or just wilful neglect?

If flawed pilot projects, huge data gaps, increasing deaths proximal to use, and warnings and risks attended the use of a particular drug, do you think the government would step in to protect its citizens? We are fast approaching the time when an autonomous federal government, free from RCMP influence (the Commissioner was appointed by the Prime Minister and holds Deputy Minister status), will need to step in and protect the welfare of its citizens from their own misguided and misinformed national police force. The inclusion of intermediate weapons like sound cannons, laser beams, and TASERs in the police tool box is a public policy issue. These decisions cannot be left to the police or the (so-called) public safety experts like Taser International. The police are scientifically unsophisticated and companies like Taser International are in the business of aggressively marketing their products. A public advisory board, set up by the federal government, complete with all the requisite experts is necessary to assess both the costs and the benefits of the latest technological offerings.

And if the government fails to protect its citizens in this manner is it incompetence or just wilful neglect?

Cartridge from police taser lost in northwest Winnipeg

The Winnipeg police lost FIVE taser cartridges in 2010.

A couple of comments on this story at the Winnipeg Free Press site raise good points:

"It must be easier to file a report about a lost canister than it is to make up a BS story about why somebody got tazed."

"How often does this have to happen before they tie little strings to them like they do to childrens' mittens?"

May 1, 2011
Winnipeg Free Press

City police are looking for a Taser cartridge that was lost overnight.

Const. Jason Michalyshen says a cartridge for a Taser™ electronic control device became dislodged from a uniform patrol member while on duty in Division 13 (northwest Winnipeg).

The electronic control device unit itself was not lost. This cartridge contains probes on wires which extend when the device is discharged. Efforts are ongoing to locate the cartridge.

Michalyshen said that the cartridge could pose a risk of harm to the public. If the cartridge was to be picked up by an unsuspecting person and carried in a pocket, a build-up of static energy could activate the cartridge, causing the probes to be propelled.

If you find it, contact the Winnipeg Police Service immediately.

Police getting Taser with longer prongs

We have grave concerns over this news -- longer probes? It would seem logical that the longer the probe, the more energy would be transmitted in the body. Has Taser International done any research on the physiological effects of shocks using longer probes? One would think the transfer of energy would be vastly different than standard issue, because every extra molecule of metal would transfer current. Are these probes being utilized in Canada??

May 1, 2011
New Zealand Herald

A high failure rate has led to police being armed with new Taser cartridges with longer prongs that can penetrate thicker clothing.

It is understood at least some police have been using the new Taser cartridges, which also have a greater range, since January this year.

Sources say the change was made because the original Taser prongs were having difficulty penetrating heavy clothing.

Police figures show the X26 Tasers have had a greater than 25 per cent failure rate since they were reintroduced in 2010.

National operations manager Superintendent Barry Taylor, who was asked in January about the changes and why they were made, has now said that he is withholding responses because "the information would be likely to prejudice the maintenance of the law, including the prevention, investigation and detection of offences, and the right to a fair trial".

Tasers had been discharged 63 times since they were introduced nationally in 2010. They were ineffective in 17 of those cases.

Eight times, the Tasers detached from the subject or their clothing. In another eight cases, the subject was missed by either one or both probes.

The reason the charge did not work in the other case was still being determined.

Despite the figures, Mr Taylor said, police remained confident of the effectiveness of the Taser.

Police continued to monitor its use, while "utilising opportunities to enhance its operational efficacy", he said.

He also withheld answers to questions about whether any new Taser capabilities had implications from a medical point of view, or if staff using them were being retrained.

The original police-issue X26 cartridges operate optimally up to 5m. The specifications of the new cartridge are unclear, but on its website the Taser's manufacturer says it also makes cartridges for the X26 to suit warm or cold climates, including one - the XP cartridge - that is "ideal for colder climates" and "has a longer probe to penetrate thicker clothing".

Another cartridge features the longer prongs and adds a 10.5m range for situations "where the extra distance is needed".

Asked if she was aware of the changes to Tasers, Police Minister Judith Collins said it was an operational matter for police, but she was happy with any operational change that made police safer in their work.

Police Association president Greg O'Connor said it was important police equipment be adapted so it was right for local conditions.

"The more effective it is, the safer it is for both the [target] and the officer."

Connecticut man dies after police taser him

May 1, 2011
Hartford Courant

Unidentified male, age unknown, Waterbury, Connecticut