Five per cent of Tasers failed

February 19, 2010
Ryan Cormier, Edmonton Journal

About five per cent of Edmonton police Tasers failed testing in the past year

The Tasers were shipped to Ontario for testing early last year at the direction of the Alberta Solicitor General after questions were raised about the voltage such weapons put out when they are fired.

All 422 of the service's X-26 models were tested. Twenty-three were taken out of service for not having the correct voltage level.

"I would say that's a really low percentage and I'm not trying to minimize the importance of it," Chief Mike Boyd said Thursday.

In November, the department returned 14 of the 23 faulty units that were under warranty. They will return another three this month. The other six units were past warranty and have been taken out of service.

At any given time in 2009, police kept 70 Tasers on-hand for use while others were being tested.

The police plan to purchase another 15 tasers this year, says a report submitted to the Edmonton Police Commission.

The Solicitor General paid for all testing until July 2009, after which the police department has paid $4,480.

In April 2009, in the midst of the testing, the Solicitor General's office announced that 50 Tasers across the province had failed.

The tests were the first independent gauge of the weapons ever done by Alberta's police departments. Before then, the province relied on the guarantees of Taser International which makes the devices.

Alberta powers up new stun-gun guidelines

July 28, 2009
By Darcy Henton, Edmonton Journal

Alberta's Solicitor General is expected to amend provincial Taser guidelines later this week, but an official says the changes are not in response to recommendations from British Columbia's inquiry into a controversial Taser related death involving RCMP.

Department spokeswoman Michelle Davio said Monday the rules governing when police in Alberta can deploy the devices and rules regarding training of officers and testing of the devices are being changed as a result of an internal review that began in December 2008.

"We have been reviewing our guidelines for a few months and we expect to have new ones coming out later this week," she said.

Davio said the department is also studying the 19 recommendations of the first phase of the B. C. inquiry--which came out last week--but doesn't expect to have to make major changes to address the issues raised by inquiry commissioner Thomas Braidwood.

"It would appear our guidelines meet or exceed what is in Braidwood," she said.

That comes as a surprise to city lawyer Tom Engel, who said the current Alberta regulations don't even appear to be legal.

He noted that Braidwood recommended restricting the use of Tasers to situations in which a suspect is causing someone bodily harm or about to cause someone bodily harm, which would conform to the Criminal Code of Canada. But Engel said the Alberta rules allow police to deploy the Taser on someone who is threatening to resist arrest or resisting arrest merely by hanging onto a stationary object or pulling away from a police officer.

"In my view, their policy is illegal," he said. "It's counselling officers to break the law. It's telling them they can use the Taser without any regard to whether serious pain will be caused if they don't use it. That's what British Columbia is saying: You can't use this Taser unless it is necessary to prevent serious harm."

The Edmonton police force Taser instructor Const. Joe Tassone said he teaches recruits to deploy the device only when it can be justified under Section 25 of the Criminal code, which allows police officers to employ reasonable force.

"The bottom line is when we use that weapon system we want to make sure it's within the parameters of the law," he said.

B. C. launched the inquiry into police Taser use in February 2008 following the death of Robert Dziekanski, a Polish immigrant who died within minutes of being shocked by RCMP in October 2007 at the Vancouver airport.

RCMP in Alberta have said they don't intend to make any immediate changes in their Taser practices as a result of Braidwood's recommendations.

Police psychologist Michael Webster, who testified at the inquiry, doesn't think all the recommendations will be implemented.

"I am quite certain they won't be implemented, and when they are not it will be yet another demonstration of how ineffective our model of policing is. We have this federal police force that answers to Ottawa and municipal police forces that answer to their own police commissions."

He said there should have been a moratorium on Taser use until studies determine whether in fact they do kill people. Without a moratorium, Webster is convinced Taser use will continue with few restrictions.

"The community will get complacent. They will go back to sleep and this research that's required won't take place. There won't be any urgency to get any good solid data."

He said the RCMP lost credibility as a result of the Taser incident at the Vancouver airport, and if the national police force was smart, it would take the lead on the issue and curtail the use of the devices on its own.

"This force, the RCMP, is at a crossroads in its relationship with the Canadian public," he said. "It needs to be reinvented to get the faith and trust of the Canadian public restored in it again. If they took the bull by the horns and said they are declaring a moratorium, they could do that, but it will never happen."

Edmonton Judge raps use of Taser

June 10, 2009
By TONY BLAIS, COURT BUREAU

Dismisses assault charge, says physical force could have subdued aggressive suspect

An Edmonton police officer has been criticized by a judge for using "excessive force" by zapping a suspect with his Taser because the man swatted his hand away.

The excessive force ruling also led to the man -- who was being investigated in an alleged domestic abuse case -- being acquitted of a charge of assaulting a police officer.

INAPPROPRIATE USE

In a previously unreported provincial court decision stemming from earlier this year, Calgary Judge Bruce Fraser spoke out against the inappropriate use of Tasers.

"I am not against the use of Tasers in appropriate situations. They have their place," said Fraser in a Feb. 6 written decision in the case of Shaun Paul Dianocky.

"I understand no one can measure to a nicety how police can respond to physical force or anyone can respond. The police did not consider using other weapons at their disposal such as batons, spray or guns because of the injury or damage they can cause," continued Fraser.

"They must consider that with Tasers as well. Putting 50,000 volts of electricity into a person's body can be injurious and should not be used as a first line of control when other means are available, and they are not facing deadly force," said Fraser.

The Calgary judge was presiding over the Edmonton trial of Dianocky, who had been charged with assaulting a police officer while resisting arrest.

Court heard two city police officers, Const. Vic Pipke and Const. Neil Thompson had responded to a 911 call reporting a domestic dispute at an apartment in which a person was reportedly "being beaten up by hubby."

When the officers arrived, an aggressive and defensive Dianocky was yelling and swearing and Thompson tried to put his hand on his shoulder to calm him and guide him to a chair.

Dianocky swatted Thompson's hand away and was pushed into the chair by Pipke who used a hand stun to his head.

Dianocky was then zapped with a Taser by Thompson.

The accused pulled the Taser leads out almost immediately and before they had time to take much effect and said: "You'll have to do better than that."

Dianocky then kicked Pipke in the groin.

Pipke hand stunned him again and Thompson zapped him three more times with the Taser, which apparently had little effect because Dianocky again kicked Pipke.

ACTING PROPERLY

Fraser noted Dianocky had a pouch or sheath on his belt that appeared to hold a knife, but was actually a work tool, and accepted the officers were acting properly in trying to calm and control him so they could investigate.

The judge also stated a person should never touch or swat or swing at a police officer.

However, he ruled the two officers should have been able to physically subdue Dianocky.

"Tasers should not be used just because it is easier or less physically exerting," said Fraser. "Here it was used because he swatted his hand away."

Charge against Edmonton officer stayed in Taser incident

May 21, 2009
The Edmonton Journal

A charge against a city police officer accused of assaulting a jaywalker with a Taser in August 2004 has been stayed.

Const. Aubrey Zalaski had been previously convicted on the charge, but that was overturned on appeal in Nov. 2007 after a judge found the pedestrian's testimony evasive and contradictory.

Since then, Zalaski's case has not been scheduled for a new trial. On May 11, the charge against him was stayed.

"It is the duty of the Crown to end a prosecution when the evidence no longer offers a reasonable likelihood of conviction, and we had reached that point in the case of officer Zalaski," said David Dear, Alberta Justice spokesman. "Issues of credibility had arisen around key witness testimony, and we believe those issues ended any reasonable likelihood of officer Zalaski being convicted a second time."

Once a charge is stayed, Alberta Justice has a year to reverse that decision and bring the case back to court.

In August 2004, Zalaski spotted Paul Cetinski jaywalking near the downtown police station. When Zalaski called to him, Cetinski ignored him.

Zalaski then followed Cetinski and tried to handcuff him after he refused an order to sit on the curb.

The defence argued that Cetinski turned in a "menacing fashion" and was then Tasered. Cetinski claimed he only looked around in surprise when handcuffed.

In granting an appeal, Court of Queen's Bench Justice James Lewis ruled the original trial judge relied on evidence from Cetinski despite "real concerns" with the jaywalker's testimony and finding the man evasive, contradictory and unable to recall events accurately.

"Excited delirium" strikes again

TODAY'S QUESTION, IN HONOUR OF TREVOR GRIMOLFSON (and because his family and friends DESERVE to know) IS:

How did we get from HERE:

From the Toronto Star
February 13, 2009
"...The RCMP has admitted that firing a Taser poses a risk of death" ... "have also dropped the term "excited delirium" - a phrase that had no medical foundation, and was criticized earlier by the Commons committee, the RCMP's public complaints commissioner, independent consultants and civil liberty groups."

To HERE just over a month later:

By THE CANADIAN PRESS
March 26, 2009

Edmonton man who died after Taser shock was killed by excited delirium: Report

Alberta Justice says a man who was Tasered by Edmonton police in October died from a condition called excited delirium — not from the effects of being hit by the electronic stun gun.

Trevor Grimolfson, 38, died on Oct. 29 after going on a rampage in a pawn shop.

The provincial medical examiner said the cause of death was excited delirium brought on by multiple drug toxicity.

Officers on the scene said Grimolfson could not be controlled after just one Taser use, so a second electronic jolt was needed.

More than 25 people have died in Canada after being stunned by Tasers.

The U.S. company that makes the devices points out that they have never been directly proven to have caused a death in Canada.

The RCMP yesterday announced they'd loosened a restriction on multiple Taser shocks amid growing evidence that repeated stun gun jolts increase risk of death.

A new statistical analysis by Montreal biomedical engineer Pierre Savard suggests the chances of someone dying after being hit with a police Taser increase the more times they are stunned.

That research comes as a public inquiry examines the death of Polish immigrant Robert Dziekanski, who got five shocks from an RCMP Taser in October 2007 at the Vancouver airport. An amateur video of Dziekanski writhing on the floor was beamed around the world, sparking new questions about stun gun safety.

Savard carried out the study using a database of over 3,200 RCMP Taser incidents from 2002 to 2007 compiled by The Canadian Press and the CBC/Radio-Canada. He also looked at an Amnesty International study of Taser cases involving more than 300 deaths in the United States.

During the six-year period, nine people died in Canada after being Tasered by the RCMP. In at least seven of the nine deaths, accounts indicate the person was jolted multiple times.

And here it is again, from the Edmonton Journal:

Taser didn’t kill man who smashed pawnshop: medical examiner
By Journal Staff, edmontonjournal.com
March 26, 2009 5:01 PM

EDMONTON — Trevor Grimolfson did not die from the Taser strike he received from city police last October after he busted up a Stony Plain Road pawnshop, according to the medical examiner's office. "The cause of death was excited delirium brought on by drugs he'd taken," said Alberta Justice spokesman David Dear. Grimolfson, 38, was Tasered twice by Edmonton police after he attacked a man at his tattoo parlour and went on to smash windows and destroy a nearby pawnshop. He died shortly afterwards. A fatality review board will determine whether or not a fatality inquiry will be recommended. The Alberta Serious Incident Response Team is still investigating to determine whether or not the police officers involved will press criminal charges. Alberta Solicitor General spokesman Andy Weiler said no one from ASIRT will comment on the medical examiner's report until the investigation is complete.

Is Alberta Justice (like BC Justice) just having one big long nap until this nasty anti-taser business blows over?? Seems they haven't been keeping up with what's new in news ... they're not getting with the program.

City cop suspended over Taser incident

March 6, 2009
By MICHELLE THOMPSON, SUN MEDIA

Five years after zapping a teen burglary suspect with a Taser, Edmonton police Const. Todd Hudec is set to get on with his life, now that his disciplinary hearing has concluded.

Yesterday, the internal police hearing ended with Hudec being suspended without pay for 20 hours in connection to the Dec. 24, 2003, zapping of a 15-year-old boy.

Hudec, 34, admitted failing to document using the stun gun. He also confessed to failing to obtain medical attention for the teen. He also neglected to complete a controlled tactics report.

Two charges of insubordination were withdrawn.

"I want one thing to be noted with absolute clarity," said presiding officer Supt. Mark Logar. "None of the five counts says anything about the inappropriate application of a Taser."

Hudec has said he stunned a teen burglary-robbery suspect inside the North Division police station after the youngster became aggressive and began advancing on him.

Hudec was criminally charged with assault, but acquitted in 2007, after a trial judge said the cop's actions were reasonable because the boy had previously lied about carting hidden knives.

Since the Christmas Eve Taser incident five years ago, Hudec has been through a lot, his defence lawyer told the hearing.

"In fact at one point his marriage was in difficulty," Alex Pringle said, adding stress contributed to those private troubles.

"It has been a very arduous process. Very hard on his family. He's already received a significant deterrent."

Logar said he took that into consideration when he suspended Hudec for 20 hours without pay.

That will cost Hudec close to $1,000 over the course of two paycheques.

Taser-firing city police officer went too far

February 20, 2009
By MICHELLE THOMPSON, SUN MEDIA

Const. Andrew Hoglund was out of line when he Tasered a university student under arrest, a disciplinary hearing ruled.

Presiding officer Supt. Mark Logar ruled yesterday Hoglund lacked lawful or reasonable cause to zap Robert Boik outside the Globe bar near 109 Street and Jasper Avenue at closing time Sept. 4, 2004.

"Const. Hoglund's use of the Taser was not appropriate or necessary," Logar said.

"He used more force than necessary."

The disciplinary hearing heard Hoglund deployed his Taser gun as two other constables were arresting Boik about 2 a.m.

Boik's pal, who had just been in a scuffle with a group of men, was also arrested.

As the pair of cops cuffed Boik, a third constable emerged, zapping the suspect before trotting off into the night.

Hoglund failed to document the use of force, a move that presenting officer Insp. Shane Loxterkamp blasted him for.

"This is a very serious incident," Loxterkamp told the hearing.

"There were no notes. An officer's notes are truly the lifeblood of an investigation."

Loxterkamp also slammed Hoglund for using a Taser without good reason.

That was an opinion Logar sided with when he sentenced Hoglund to a 35-hour suspension without pay.

"That is the appropriate punishment," Logar said. "He, in essence, created the misfortune for himself."

Following the hearing, Boik, the 28-year-old victim, said he was relieved to see the matter brought to its conclusion.

But he said he found the sentence a bit light.

"In a lot of other professions, if you assault someone, you'd lose your job," Boik said. "And in this profession, you get suspended for 35 hours.

"It's absolutely outrageous and ridiculous I was Tasered." Boik said.

Disciplinary hearing ordered for Edmonton cop

February 19, 2009
By Ben Gelinas, Edmonton Journal

EDMONTON — A disciplinary hearing has been ordered for an Edmonton police officer after he allegedly forced his way into a man's apartment on gut instinct alone, shot his Taser at the male resident, then conducted a search of the apartment without a warrant or permission.

Const. Jason Mitzel and a rookie partner knocked on Virgil Holloway's door on Feb. 19, 2003 after a noise complaint. A woman appeared, but the officers told the Law Enforcement Review Board that she would only open the door a crack. She appeared intoxicated, would not say who lived there and gave them a false name.

Mitzel then tried to force open the door. The woman fought back, yelling and trying to hit him. He head-stunned her and she was handcuffed. She continued to yell and struggle, and the officers arrested her for assault and obstruction.

Her boyfriend, Holloway, said he came to the door when he heard her yelling.

Mitzel said Holloway was instantly aggressive. Holloway said that Mitzel grabbed him and threw him to the floor, then made a motion suggesting he was going to draw a weapon.

Holloway leapt up and tried to run back into the apartment. Mitzel wedged his foot in the door and stuck the Taser in, firing two darts. Holloway doesn't remember being hit, but said he heard a popping noise, felt delirious, sore and burnt in the chest. Mitzel said the darts hit the wall.

The officer told the board he does not remember if he warned Holloway before firing the Taser.

He then tackled Holloway and arrested him for obstruction.

Soon five more officers arrived and assisted Mitzel with a search of the apartment, without a warrant or permission, to figure out the resident's name.

Another constable, Tim Horon, drove Holloway to police headquarters. Horon strip searched Holloway, but did not take notes, claiming he was unaware he was required to submit a report. As such, police did not document any physical signs of injury. Holloway's brother, however, later took photos of red marks on Holloway's chest and behind his ear.

The board also ordered a disciplinary hearing for Horon for failing to take any notes during the investigation.

Edmonton cop found guilty of unnecessary force

February 19, 2009
Edmonton Journal

EDMONTON - An Edmonton constable who Tasered a man during an arrest outside a downtown bar has been found guilty of unnecessary use of force.

A police disciplinary hearing Thursday found that Hoglund was out of line when he fired his Taser at Robert Boik on the night of Sept. 4, 2004, when two other officers already had him under control.

"Const. Hoglund's use of the Taser was not appropriate or necessary," said Supt. Mark Logar, the presiding officer.

Logar noted that the other two officers did not ask for Hoglund's help, nor did he ask them if they needed help to subdue Boik, who was involved in a brawl in the parking lot of the Globe Bar and Grill at Jasper Avenue and 109th Street.

"Const. Hoglund cannot justify his actions," Logar said.

Hoglund had already pleaded guilty to failing to file a report on the incident.

The hearing is now considering sentencing arguments. At stake is Hoglund's promotion from constable to sergeant, which has been on hold since April 2007 pending the outcome of this hearing. The presenting officer, Insp. Shane Loxterkamp, is also asking that Hoglund lose 35 hours of pay.

Edmonton cop shouldn't have used Taser: Disciplinary ruling

February 19, 2009
By SUN MEDIA

An Edmonton cop has been found guilty under the Police Act of using a Taser without lawful cause. City police Supt. Mark Logar, who presided over a disciplinary hearing into charges against Const. Andrew Hoglund, ruled this morning Hoglund lacked reasonable cause to deploy the device. Hoglund used the Taser on a man being arrested by two other constables outside a city bar Sept. 4, 2004. "The Taser was not appropriate or necessary," Logar said.

What's wrong with this picture? And who's keeping track?

What follows are some reactions by police across Canada to the RCMP's taser use restrictions announced on February 12, 2009. Also included are a couple of quite obviously inappropriate and very recent uses of the weapon in both Belleville and Barrie, Ontario. There is no rhyme. There is no reason. Municipal police in Canada are doing whatever the hell they want.

February 16, 2009
Belleville Intelligencer
A man had to be subdued with a Taser when police attempted to break up a fight at a North Front Street bar early Monday. The incident occurred at about 2:30 a.m. Police said they broke up one fight and required a Taser — a stun gun — to subdue a man, who was resisting arrest. A Belleville man, 22 and a Campbellford male, 21, were arrested for public intoxication, causing a disturbance and mischief to property, police said. Both males were released and will appear in court March 26, police said. Names were not released.

February 14, 2009
The Barrie Examiner
Police use Taser to subdue man - Barrie police used a Taser to help arrest a six-foot-two, 350-pound man, yesterday. Officers were called to a Blake Street home about a 24-year-old with a history of mental health issues who was reportedly out of control. Police say the man was defiant when officers arrived and a Taser was used to incapacitate him, until he could be handcuffed.

February 13, 2009
Globe and Mail
Sergeant Scott Warren, chairman of the RCMP's officer safety committee, said the matter is more complicated in real-life situations. "The commissioner, with all due respect, is incorrect to say we wouldn't use them again for actively resistant people," he told CTV News.

February 12, 2009
CTV News
Police commissioner is out of touch, says officer
...But according to Sgt. Scott Warren, the chair of the RCMP's Officer Safety Committee, the so-called new regulations have been drawn up by officials who are out of touch with the realities of street-level policing. In an interview with CTV's Power Play, Warren also said that the regulations don't adequately address the split-second decisions police must make everyday. "Sometimes I think the commissioner is in over his head," said Warren, referring to Elliott, who is the first-ever civilian to head the national police force. Warren said that the previous policy governing Taser use was broad and trusted the judgment of individual police officers.

February 13, 2009
TREVOR PRITCHARD, STANDARD-FREEHOLDER, WITH FILES FROM THE CANADIAN PRESS
Most of the RCMP's new guidelines on the use of Tasers have already been implemented by municipal police forces in Ontario, including Cornwall, says the city's chief of police. Chief Dan Parkinson said much of the RCMP policy announced Thursday - which will prohibit the stun guns from being used to simply subdue suspects - is reflected in an October 2008 report filed by the Ontario Association of Chiefs of Police (OACP) to the Ministry of Community Safety and Correctional Services.

February 13, 2009
660 News Calgary
The Calgary Sun reports, city police say the devices are lifesavers and will not alter their approach to them.

February 13, 2009
CTV Calgary
In a written statement Friday, officials said they won't be making any changes to policies after Thursday's announcement by the Royal Canadian Mounted Police.

February 13, 2009
Metro News Vancouver
Vancouver police will continue to use Tasers until officers review the reasons behind an RCMP announcement on Thursday curbing the use of stun guns ... Const. Jana McGuinness, spokesperson for Vancouver police, said she hasn’t seen a report yet. “I would want to see how it impacts us, and if it does, what are our policies surrounding these things,” she said.

February 13, 2009
Metro News Edmonton
Police services in Edmonton are not going to change policies around Tasers, they say, after the RCMP moved to restrict the use of the stun guns because it can kill in certain cases.

February 14, 2009
Chronicle Herald
"It’s very unlikely there will be any changes to our policy, as it’s virtually the same as ours," said Const. Jeff Carr, spokesman for Halifax Regional Police.

February 14, 2009
Winnipeg Free Press
At present, Winnipeg officers are permitted to use a Taser in situations where force is required, where an individual is resisting arrest and may flee and if the individual is in a state of excited delirium. A suspect need not be combative to elicit a shot from a stun gun.

February 11, 2009
SARAH DEETH, Peterborough Examiner
Use of force by city police officers was down in 2008 from 2007, but the use of the Taser has increased.

Alberta sends tasers for testing

January 27, 2009
Melissa Dominelli, ctvedmonton.ca

Alberta has started testing older model Tasers used by Alberta police services before January 2006 to make sure they are not delivering shocks that are too powerful.

The units will be tested by an engineering firm, MPB, in Ontario.

Solicitor General, Fred Lindsey said about 100 Tasers have been sent to Ontario, where a testing protocol has been developed.

The decision comes after initial testing, not done by the province, found that some of the older model Tasers in Alberta were producing voltage levels higher than the 50,000 volt shock they're designed for.

"If we have any instrument that's used in law enforcement that's not meeting the manufacturer's specifications, we want to make sure that we test it and ensure that it is and if it isn't, we will take it out of service," said Lindsey.

Lindsey hopes to have all 400 of the older Tasers, known as x-26 models, tested by the end of March and eventually he said testing of all Tasers will be done on a regular basis using facilities in Alberta.

Some critics of Taser usage think the Taser testing a step in the right direction, but say it doesn't go far enough.

Back in October, Trevor Grimolfson was Tasered by police, after he allegedly went on a rampage, breaking objects and attacking people in a city pawn shop.

Grimolfson later died and his close friend, who asked not to be identified, can't help but wonder if the Taser played a role in his death.

"I would rather not see a Taser on any police officer at all," he said.

While the first tests are underway, the solicitor general said all of the province's Tasers will remain in service.

The Edmonton Police Association is happy to hear that other Tasers won't be pulled from service while testing begins.

"It would be irresponsible to take them out of services because they do a lot of good as an intermediate weapon and it stops us from using lethal force," said Tony Simon with Edmonton Police.

And while Trevor Grimolfson's friend is glad the province is taking a second look at Tasers, he wishes it had been done sooner.

"Why couldn't they be testing these Tasers every two months before they go out into the street?"

Effective immediately, any Taser used in an arrest where the suspect is injured will automatically be pulled from service and tested.

Edmonton cops cleared in taser hearing

January 24, 2009
By Ryan Cormier, The Edmonton Journal

Despite criticism from a superior officer, two policemen were cleared of unnecessary use of force charges for unknowingly Tasering a car thief within moments of each other.

Supt. Mark Logar dismissed the charges Friday morning during the internal disciplinary hearing, but made clear he found the arrest of Hector Jara in April 2004 to be unprofessional and "unsettling."

Const. Darryl Fox and Const. Ryan Sparreboom were two of five officers who arrested Jara when he gave himself up after a lengthy and dangerous pursuit in north Edmonton. Believing Jara may have had a hidden weapon, both officers Tasered him without the other knowing. They were not facing one another when they fired their weapons.

"No matter how I looked at the encounter with Mr. Jara, I remained less than convinced that his arrest was done in a fashion consistent with reasonable standards of professional policing," Logar said. "There was insufficient control, far too much tunnel vision, not enough attention to who was at the scene and no appreciation of what each officer was doing."

However, because of an unclear use-of-force policy in use at the time and the situation surrounding the arrest, Logar found that the charges were not proven.

Jara had led multiple officers on a long pursuit before his arrest, including driving into oncoming traffic and nearly running over Fox as he laid down a spike belt.

The disciplinary hearing heard conflicting testimony about whether Jara resisted arrest, although he willingly got out of his vehicle and laid on the ground.

Jara testified that he laid down with his arms outstretched. Logar accepted that testimony, stating that he put his hands underneath him for self-protection only after officers began to subdue him on the ground. Fox and Sparreboom both testified that they had concerns about a possible weapon because they couldn't see Jara's hands.

In the confusion, Fox inadvertently Tasered the hand of Const. Mike Wasylyshen, which "certainly capped the whole misadventure," Logar said, who also criticized the memory lapses of the officers and lack of notes from the arrest.

Jara, who pleaded guilty to his crimes that night and served time, had similar concerns.

"The biggest thing that bothered me about all this whole story is when each police officer testified in my criminal trial, they all had different stories," Jara said in December.

"These officers all had very different versions of events and it is strange that the only thing they have in common is saying my hands were underneath me and I was kicking."

Jara had eight months taken off his prison sentence because of the controversial arrest.

During the hearing, both Fox and Wasylyshen stated that they no longer carry a Taser because of the controversies that come with it.

A reprimand, the minimum penalty allowable, was issued to Sparreboom on a separate charge of failing to file proper notes on the incident. No criminal charges were files against any officer.

Edmonton police taser use called unwarranted

December 26, 2008
Edmonton Journal

A man Tasered during a 2004 arrest in the midst of a parking-lot brawl in Edmonton did nothing to warrant such force, a police disciplinary hearing was told this week.

Insp. Neil Dubord, the presenting officer in the case, told the hearing Wednesday that officers "had physical control of Mr. Boik and he was no threat of a flight risk."

Boik claims he was Tasered by Const. Andrew Hoglund after he was handcuffed, an assertion that has been contradicted by other officers' testimony.

Hoglund is accused of unnecessary use of force. He also faces a charge of failing to file a report on the incident, to which he has pleaded guilty.

In previous testimony, Hoglund said his memory of the incident four years ago was "foggy." He told his hearing he doesn't specifically recall Tasering Boik, but admits it must have been him.

Staff Sgt. Bill Newton, who advocated for Hoglund, criticized the length of the investigation, saying it led to poor memories and contradicting testimony. "This was a confusing and con-founding incident that happened four years ago," Newton said. "This is another example of the profound effect that protracted investigations have."

A decision on the matter is expected Feb. 19.

In Hoglund's case, around 25 officers converged on a bar because a fight had broken out in the parking lot.

Chief puts support behind Tasers

December 19, 2008
By Laura Drake, Edmonton Journal

EDMONTON — Police Chief Mike Boyd says he doesn't know of any officers who have chosen not to carry Tasers, despite testimony earlier this week from an officer at a disciplinary hearing that he doesn’t carry the device anymore due to potential controversy.

“I’m personally not aware of any officer recently that has tried to turn one in,” Boyd said at Thursday’s police commission meeting.

On Tuesday, Const. Mike Wasylyshen testified as a witness at a police disciplinary hearing that he has stopped carrying a Taser due to past criticisms of the devices.

Boyd was asked about the report at the meeting and asked to clarify whether or not officers can opt out of carrying Tasers.

The chief said since this is the first time the department has faced the issue, it has no precedent on how to deal with an officer who does not want to carry a Taser.

“We need to have a talk with these officers to see if that’s just talk or a firm position,” he said.

Boyd said he would prefer to see officers carrying Tasers, since he is convinced the devices have saved lives in the city and in Canada.

The Edmonton Police Service has 369 Tasers in service. Of those, 161 will be tested as part of an Alberta-wide study of pre-2006 models to check if the devices fire higher-than-expected voltages.

Tasers too much trouble

December 17, 2008
Ryan Cormier, The Edmonton Journal

EDMONTON - Some Edmonton police officers have chosen not to carry Tasers because of the controversy the weapons attract, despite believing the devices are valuable tools.

While testifying as a witness in a disciplinary hearing for two other officers, Const. Mike Wasylyshen said he has stopped carrying a Taser because of past criticisms.

In April 2004, Wasylyshen helped arrest a suspect after a lengthy car chase. While two other officers face disciplinary charges for using their Tasers that night, Wasylyshen chose not to use his.

"I had some bad luck with a Taser incident in 2002, to be honest," the officer said when asked why he didn't draw the Taser he had that night. "Using it would have been practical, it would have been justified. I just didn't utilize it. It would be a hassle for me to use it."

Wasylyshen said he has since turned in his Taser and has not requested another one.

In October 2002, Wasylyshen used a Taser to wake up Randy Fryingpan, 16, who was passed out in a car. The incident was heavily criticized and a judge later threw out a charge against Fryingpan.

Const. Darryl Fox, one of the officers facing a disciplinary charge for using excessive force, said he agrees with his fellow officers' opinions, even though he supports the Taser itself. It is the debate after its use that makes him wary.

"The Taser is an effective, life-saving tool that is beneficial to law enforcement," Fox testified. "However, I concur with Const. Wasylyshen in that I will likely never carry one again."

The two officers are not alone. Others avoid carrying Tasers to eliminate possible public complaints or disciplinary hearings that can shadow an officer's career for years.

Det. Shawna Goodkey trained many current officers on Taser use and said Monday that other officers have made the same decision as Wasylyshen and Fox. "There have been officers who don't want to carry a Taser because they don't want to be placed in a controversial situation," she testified.

Some officers believe that every time a Taser is pulled, rightly or wrongly, an internal investigation into their conduct could follow, Goodkey said.

Fox and Const. Ryan Sparreboom are currently facing charges of unnecessary force for an October 2004 incident in which each fired a Taser at Hector Jara, who was standing next to a car he had stolen.

Jara has said he did not receive any major injury from the Taser strikes.

Last October, a national furor arose when Mounties used a Taser on Polish immigrant Robert Dziekanski, who was upset and confused at the Vancouver airport.

The incident was captured on video, and Dziekanski later died.

Last week, the Crown announced that the four RCMP officers involved will not be charged.

Since the EPS began using Tasers in 2001, four people have died after arrests that involved use of the weapon. In three of those, fatality inquiries determined the Taser did not directly contribute to the death.

The fourth case is still under investigation.

Edmonton taser testing much more extensive

December 13, 2008
By RICHARD LIEBRECHT, Edmonton Sun

City cops set to have 161 stun guns checked

Edmonton police admitted yesterday that they grossly underestimated the number of pre-2006 Tasers they need to test. Earlier this week, an EPS spokesman told Sun Media that the force would have to conduct special tests on 33 Tasers. However, the results of a full inventory showed that there are actually 161 Tasers that need to be tested.

The number quoted Wednesday referred to devices bought before 2005, but Alberta's Solicitor General has called for all Taser X26 models dating back to Jan. 1, 2006, to be tested to see if they are working properly.

The move follows a CBC report that showed some X26 Tasers were producing higher, and therefore more dangerous, currents than deemed possible by Taser International Inc., the manufacturer of the devices.

Police Chief Mike Boyd said that the EPS will continue to use Tasers, and yesterday police said in a statement they are satisfied with the training of officers using Tasers. They further said that of the four Taser-related fatalities in Edmonton, only one incident - the death of Trevor Grimolfson - involved pre-2006 Tasers.

DIED OCT. 29

Grimolfson, the 38-year-old owner of a tattoo shop, died Oct. 29, after police jolted him in an attempt to end a violent rampage near 153 Street and Stony Plain Road.

Also yesterday, a spokesman for Amnesty International in Edmonton says older Tasers should all be tested to make sure that they're not giving higher jolts of electricity than the manufacturer specifies. Erica Bullwinkle says her group is calling for a public inquiry into the safety of stun guns.

Meanwhile, one of the latest citizens to get zapped with a Taser has been identified. Glenn Justin Ironchild, 28, was charged with possession of stolen property under $5,000, criminal flight from police, possession of an offensive weapon dangerous to the public and two breaches of probation. He was zapped Thursday night after he held a knife to his neck while he was pulled over near 153 Avenue and Castle Downs Road for allegedly driving drunk. Cops also allege the vehicle was stolen. Charges are pending in relation to suspected impaired driving.

Law prof calls for moratorium on stun gun use

November 5, 2008
By RICHARD LIEBRECHT, SUN MEDIA

A city law professor is calling for a moratorium on stun-gun use following a series of deadly incidents. That's despite assurances from doctors at a mental health conference that there is no certain link.

"It is no longer enough to say, 'Oh, we're not sure (stun guns) are safe, but we'll still use them," said Sanjeev Anand of the University of Alberta.

A conference of mental-health professionals held earlier this week in Edmonton probed the danger for mentally-ill suspects subject to being zapped. Dr. Dorothy Cotton said: "... It'd be safe to say in situations involving Tasers and excited delirium, it's just not known. We're just not there yet."

Excited delirium, wherein brain mechanisms cause the heart to race and then eventually stop, has been picked as a possible alternative explanation for Taser-related deaths. "What the public hears about are the bad news stories," she added. "I don't want to play down the level of tragedy here ... (but) police are well-trained."

Anand said he recognized that police are well trained, and left with few other non-lethal tools to handle violent suspects. However, he said the answer is to increase the number of police officers so there is always backup available.

He called for a moratorium until more independent studies disprove a link between the Taser and deaths of vulnerable victims.

Last summer, the RCMP's complaints commissioner said Mounties should automatically call for medical assistance after using a stun gun. An Edmonton police spokesman said local police already do that after every use.

Trevor Grimolfson, the 38-year-old owner of Big Daddy's tattoo shop, died last Wednesday after police jolted him in an attempt to end a violent rampage near 153 Street and Stony Plain Road.

7th Annual "Psychiatrists in Blue" Conference

November 3, 2008
By ALYSSA NOEL, SUN MEDIA

To zap or not to zap?

It's one of the questions being posed as police and mental health experts from across the country meet over the next two days at a mental-health conference in Edmonton.

The issue of when to use stun guns resurfaced following the recent death of a 38-year-old city man who was zapped twice by police.

While an independent body is still investigating that case, in other similar circumstances a rare physical and mental state called excited delirium, which causes the sufferer to be agitated and possess super human strength, has been to blame for deaths.

'BAD NEWS'

"What the public hears about are the bad news stories," said Dr. Dorothy Cotton, an Ontario psychologist and one of the organizers of the conference.

"I don't want to play down the level of tragedy here ... (but) police are very well trained ... I think it'd be safe to say in situations involving Tasers and excited delirium, it's just not known. We're just not there yet."

Trevor Grimolfson, the 38-year-old owner of Big Daddy's tattoo shop, died last Wednesday after police jolted him in an attempt to end a violent rampage near 153 Street and Stony Plain Road.

Meanwhile, Cotton said police are well-trained and well-informed when it comes to dealing with those who have mental-health issues. Judging by statistics, officers have gained a lot of experience over the years, she said.

Cotton says around 6% to 10% of the calls police receive involve people with mental-health problems.

"Probably the most important thing is for a police officer to recognize a person may be mentally ill and therefore may not be able to respond the way they would expect someone to. Normally, if you don't do something a police officer asks, they don't look on that favourably," she said.

TRAINED TO RECOGNIZE

But for the past decade, police have been trained on how to recognize and deal with such issues, she said.

The annual conference, held in different cities each year, is a way to gather and forward that effort, she added.

"The most exciting thing about this is it's one of the good news stories about policing," she said.

The conference runs through tomorrow at the Delta Edmonton Centre Suite Hotel.

This conference is hosted by the Canadian National Committee for Police/Mental Health Liaison, a subcommittee of The Canadian Association of Chiefs of Police (whose annual conference is sponsored BIG-TIME by Taser International). On the CACP website, the conference is referred to as the "7th Annual Conference on Police/Mental Health Systems Liaison." The conference Agenda refers to the conference as the "7th Annual Psychiatrists in Blue Conference."

Dr. Graeme Dowling from the medical examiner's office in Edmonton, who has argued there's "no definitive case where Tasers have actually killed anybody," will facilitate the session on "Excited Delirium."

Man in Edmonton dies after taser hit

October 30, 2008
DAWN WALTON AND JOSH WINGROVE, Globe and Mail

CALGARY — A man in Edmonton has died after being hit "at least twice" with a taser as police attempted to quell a disturbance inside a pawn shop, officials said yesterday.

Police were called to Dan's Pawn Shop in the city's west end at about 11 a.m., responding to a report of a man smashing things and making threats.

"The officers located the suspect in a store, where he was acting erratic, threatening the occupants and breaking windows," police spokesman Jeff Wuite said in a statement.

Police deployed a taser "at least twice," Mr. Wuite added, but it had no effect on the man.

That's when the man ran at the two officers, police said. The officers wrestled him to the ground and placed him in handcuffs as the man continued to resist. At that point, the man lost consciousness and was taken to hospital, where he was pronounced dead, police said.

Police haven't identified the man, but family members say he's Trevor Grimolfson, 38. Born in Selkirk, Man., Mr. Grimolfson moved to Alberta more than a decade ago. He ran a tattoo parlour, and had brushes with the law, spending time in jail for minor crimes, said his aunt, Barb, who lives in Petersfield, Man. The woman, who didn't want her last name published, said her family is reeling over the use of the taser on Mr. Grimolfson.

"They gotta stop that. They just gotta stop that. If he was out of hand, shoot him in the leg or something. It's not going to kill him," the grieving woman told The Globe and Mail last night. "Even if it was a serious crime or not, it doesn't merit the tasering."

The man had been in hospital earlier this week, and was, as such, "not in the best health to begin with," his aunt said, but she believes the taser was an overreaction.

"I find those things are excessive force. I wouldn't hold it against the actual officer, but why haven't these things been banned? Take them out of police hands," she said.

Melissa Bell, Mr. Grimolfson's cousin, added the family is "sad and very angry."

Witnesses offered conflicting reports about events leading up to the tasering.

Patrick Saunders told CTV News in Edmonton that he had gone to the pawn shop to meet the man. They were working together on a demolition project. At some point, Mr. Saunders said, the man became enraged, was sweating, and began chasing him down the sidewalk.

One witness told local CBC News that he was attacked by a man in a nearby tattoo shop who appeared to be agitated and sweating profusely.

Sheila Boddy, who arrived in the pawn shop as the scuffle was under way, told CTV she heard several tasers being used.

"The guy comes over in a rampage, smashed at the door with his fist, took a couple of swings at the owner, then he went inside and started smashing the place up," she said, adding that police weren't able to get him under control.

Edmonton police were told not to discuss the incident further and referred inquiries to the solicitor-general's office.

Alberta's Serious Incident Response Team is now investigating. It will probe police actions and determine whether criminal charges or other sanctions are warranted.

The use of the electronic stun guns have come under fire in recent years, but criticism of the device reached new heights when Polish immigrant Robert Dziekanski died last year after being tasered at the Vancouver International Airport.

Mr. Dziekanski also appeared to be agitated and sweating profusely before RCMP officers tasered him.

The gadget's maker, Taser International Inc. of Scottsdale, Ariz., has faced numerous wrongful-death and product-liability lawsuits, but most of the cases have been thrown out.

With a report from The Canadian Press