Letter from a Concerned Canuck

In response to this November 21st report: Caught on tape: Officers using tasers I received the following letter to FOX 8 Cleveland from "Concerned Canuck":

FORCED to use Tasers? The police choose to use the weapons when and how they do. In your edited examples, you showed unarmed, non-combative citizens being repeatedly shocked with a weapon the U-S Courts have decided is "deadly". One man was even hand-cuffed.

I write to you as a concerned Canadian citizen who has examined this issue extensively for many years. Please check the recent ninth circuit court decision in North Carolina, where the judges unanimously agreed Tasers are, by legal definition, "Deadly Weapons". Should police be using such a weapon on a handcuffed or unarmed suspect?

And now the manufacturer of this 'non-lethal police tool' has itself admitted its devices can cause dangerous metabolic and cardiac changes, which can lead to death, especially among vulnerable populations. It warns police not to use multiple or prolonged stuns. It warns police to avoid chest shots.

If you check the fine print of the latest training manual for the X26 model you'll discover, like I did, that there is a very long list of risks and warnings that was not there a decade ago, when police first purchased Tasers. The company said then that their devices were "safe to use on any assailant". That is not what they are saying now.

Has human physiology changed in ten years? Has the technology changed? NO-the only change seems to be the manufacturer's opinion of its own products. This admittance in the waiver should be all you need to see --to tell you the truth -- that Tasers were deployed prematurely without enough scientific scrutiny by any government on either side of our shared border —and now the legal responsibility is being thrown over to law enforcement. Police failed us too, with a lack of due diligence, because they never verified the initial safety claims made by Taser International.

Also of great concern is the fact that these electrical devices are not measured regularly in any police detachments across North America. This is -- ahem-- shocking, when you consider that according to Truth-Not-Tasers.Com, which has kept a death toll based on media accounts, 700 citizens have died after being 'tased', including a Tuscon police officer last week. Officer Fung was a healthy man who suffered a massive heart attack, a day after being 'tased' in a training exercise. I wonder if he bothered to read the fine print of the waiver? Did he sign it? And will his cop buddies agree so readily to being 'tased'?

A few other things your reporter might like to dig into -- shocks between 30 to 100 milliamps can kill. Yet Tasers have peak outputs of 151 to 162 milliamps. Don't be fooled by Taser's use of 'averages', as the danger is in the peaks. And despite taser's assurances that the there is consistent current being emitted, our national public broadcaster, the CBC, proved there is 'output variance'. They found in a random test, using Taser's own test protocol, that 12-percent of the weapons performed above the safety allowables set by the company.

Neither the UL, IEC or CSA have ever measured the Taser, nor would they, they say, because one of the modes of use of the weapon utilizes invasive probes which emit current INTO the body, where resistance is next to nil. Check with the UL -- they will tell you there is no electrical safety standard yet developed for internal shocks, just external shocks, where skin resistance provides a barrier.

The lack of safety standards for non-lethal technologies is why NIST - the National Institute of Standards & Technology - is working with other scientists to develop a proper measurement protocol. But there will have to be TWO TEST PROTOCOLS for the TWO MODES OF USE: drive stun and the more dangerous dart/probe mode.

It took a major Public Inquiry in British Columbia to do it, but Canadian police have raised the Taser in the use-of-force continuum, to just below the firearm, only to be used as a last resort, in truly violent, life-threatening situations. Americans have to decide too — is it okay for police to continue to use the taser so cavalierly? Lakewood’s police chief told you this is exactly what the taser is for, “allowing us to have somebody compliant … without actually having to put hands on, wrestle or fight with them.” Should a deadly weapon be used to gain compliance? There have been too many "unintended consequences", but deaths will continue if police use the Taser the way they have.

Concerned Canuck

Canadian condolences to the family of Tucson PD officer Henry Fung who died of an apparent heart attack on Tuesday this week, one day after he reportedly "volunteered" to take a taser jolt on Monday for "training" purposes.

The medical examiner must STRONGLY recommend that the taser(s) used on Henry Fung be measured for 'output variance'. As we have learned in Canada, not all tasers perform the same way. Many have tested way outside the safety allowables set by Taser International. The medical examiner (and all the doctors in the world) CANNOT rule out the taser until the shock from the weapon itself has been definitively ruled out. Proper measurement is required.

On CBS News last week, Taser International said that proving the taser did NOT play a role in a person's death is an UNPROVABLE supposition. There's your starting point. Click here: http://bit.ly/tT8iYq

It's notable that no one has reported the duration and number of stuns Officer Fung recieved. Usually when a citizen dies after being shocked by a Taser, he or she is blamed, because they had so-called "excited delirium", were on drugs or had a previous medical history (doesn't everyone have a previous medical history??).

Taser International has been warning about multiple and prolonged stuns only in recent years even though, at the beginning, they told police, policy-makers and the public that the taser was "safe to use on any assailant".

That is NOT what they're saying now. One must wonder if Officer Fung was given an opportunity to read the fine print of the latest Volunteer Waiver Taser International put out.

Read closely and it is ALL there: Tasers CAN CAUSE dangerous and deadly metabolic and cardiac changes. Several "suspects" have died MANY HOURS after taser shocks because of changes brought on by acidosis, which causes the muscles surrounding the heart to fail.

The city of Tucson cannot accept the "averages" Taser International spouts -- according to the original spec sheets, the true PEAK OUTPUT of Tasers varies between 151 and 162 milliamps, when "working properly". Any first year med student can tell you that shocks between 30 to 100 milliamps can KILL. Add to that, the invasive nature of a taser used in 'probe mode' - resistance under the skin is next to NIL.

And another shocking revelation: there are NO electrical safety standards for shocks UNDER the skin. Check with the Underwriters Laboratory, the IEC or Canadian Standards Association and you will quickly confirm this fact.

Taser International has some SERIOUS explaining to do. And you can be sure that their damage control machine is in full swing. I follow the company on TWITTER and they are a company which normally posts several TWEETS per day. They've been ominously silent since the day police officer Henry Fung died.

The Department of Justice ought to investigate how this technology was approved without enough rigorous science being applied.

One pig in 1996 and five dogs in 1999 and no true human trials until years after initial sales, should be alarming to all citizens.

Sudden death of Tucson officer shock to family, friends

November 17, 2011
Tammy Vo, TUCSON (KGUN9-TV)

Officer Henry Fung seemed like a perfectly healthy 43-year-old Tucson officer until he collapsed on Tuesday afternoon while visiting his mother at an assisted living facility. He passed away on Wednesday.

"I'm very surprised. He does Taekwondo, kickboxing and works out all the time. It's shocking that he would suffer from a massive heart attack" said his brother John. "He loved his life, especially his wife, her three girls and his son Brandon who is five months old. He also loved being a police officer".

Officer Fung began his career with Tucson Police as a crime scene specialist in 2005. From there, he became a sworn officer working the downtown division.

On Fung's Facebook page on Monday, he wrote about being tased for police training that day and how intense the experience was. 9 On Your Side wanted to know if his death is connected to the taser training?

"In subsequent conversations we had with his attending physicians and cardiologists, that had no bearing on what the eventual outcome was" said Assistant Police Chief, Brett Kline. The Pima County Medical Examiner's Office also confirms that the taser incident has no relation to Fung's death and that Fung may have suffered from some sort of heart condition which led to the attack.

Sgt. John Strader from the Tucson Police Officer's Association told KGUN 9 "He's someone who cared a great deal about his co-workers and his community. Everyone agrees that Officer Fung was always smiling".

The officer's brother says that Henry Fung loved being a father, especially to his son who was born this past Father's Day. "It's so sad that he won't get to see his father or grow up with him".

What will John Fung tell his nephew about his father? "That he was a loving family man, courageous and accomplished his goals by doing what he wanted to do".

Friends have set up a bank account to help the Fung family. If you would like to donate, the account is at Wells Fargo Bank under the name: Blossom Fung.

Taser International's Volunteer Warnings, Risks, Liability Release and Covenant Not to Sue

Tucson PD officer Henry Fung reportedly volunteered to be tasered on Monday as part of his training.  On Tuesday, sadly, Officer Fung died of a fatal heart attack.  Before being tasered on Monday, he would have (likely) been made to sign the following Taser International waiver.  To see the waiver in its entirety, please go to Taser International's site:  http://www.taser.com/images/training/training-resources/downloads/11-5-31%20volunteer%20exposure%20release%20001.pdf

Volunteer Warnings, Risks, Liability Release and Covenant Not to Sue

PRIOR to any TASER ECD Exposure, all volunteers MUST: (1) read the most current TASER ECD warnings; and (2) read and sign this form.

Please fill out the sections below. If you have a condition or pre-existing injury that would be aggravated by muscle contractions, physical exertion, or stress check the appropriate box and notify the Instructor prior to participating in the TASER ECD Exposure.

I have no injuries, physical or mental conditions that could be aggravated by muscle contractions, physical exertion, stress, or exposure to the electrical discharge of TASER ECDs.

I have the following pre-existing physical or mental conditions/injuries that could be aggravated by the TASER ECD Exposure: _________________________________

I freely and voluntarily agree to be exposed to the electrical discharge of the TASER ECD under the following conditions: _____________________________

LIABILITY RELEASE, COVENANT NOT TO SUE AND HOLD HARMLESS

In consideration of receiving information on the TASER products and a TASER ECD Exposure, I acknowledge and agree as follows:

1. I understand that a TASER ECD Exposure results in strong muscle contractions, physical exertion, and stress and involves the risk of physical or other injury. I acknowledge that I have read the above Warnings and Risks and current TASER ECD warnings and with full knowledge of such risks, I voluntarily agree to experience a TASER ECD Exposure and I assume all risks, whether known or unknown, foreseen or unforeseen, inherent in the TASER ECD Exposure.

2. Intending that this form be legally binding upon me, my heirs, executors, administrators, and assigns, I hereby waive, release, and forever discharge the instructor, the TASER distributor, my agency and employer, TASER and all of its agents, directors and employees of and from any and all claims, demands, rights and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown physical and mental injuries and consequences thereof, whether foreseen or unforeseen, suffered by me from any TASER ECD Exposure. I specifically waive any statutory rights I may have regarding the release of known or unknown claims.

3. I further agree that neither I nor my heirs, estate, personal representative, nor any other person or entity will ever institute any action, litigation or suit at law or in equity against the instructor, the TASER distributor, my agency and employer, TASER and all of its agents, directors and employees for any damages, costs, loss or injury arising out of any and all activities related to and including any TASER ECD Exposure.

4. I further agree to indemnify and save harmless the instructor, the TASER distributor, my agency and employer, TASER and all of its agents, directors and employees from all liability, loss, costs and obligation of any and every kind on account of or arising out of any injuries or losses incurred by me, however occurring, arising out of any and all activities related to and including any TASER ECD Exposure.

5. In signing this form, I agree that I have read and understand this entire form; I affirm that I am competent to agree to, sign, and be bound by this form; I understand that it is a promise not to sue and a release and indemnity for all claims; I further understand that by signing this form I am giving up certain legal rights including the right to recover damages in case of injury; and I agree to abide by the terms and conditions of this form.

6. This release does not release any rights I may have under Workers’ Compensation Laws. I waive any Workers’ Compensation subrogation rights against TASER. I agree that any recoveries under Workers’ Compensation Laws do not change, extend or enlarge the waivers and protections inherent in this agreement.

Tuscon PD officer, 43, dies of heart attack 1 day after being tased

As far as I know, Henry Fung is the first police officer to die after being tasered. Many have been seriously injured, but this is the first police officer (that I'm aware of) who has died. He volunteered to take a taser shot during training on Monday, died of a heart attack on Tuesday.  Officer Fung becomes the 699th person to die in North America after being tasered.

TUCSON - A six-year veteran of the Tucson Police Department in his 40's died of a heart attack yesterday - TPD says he was tased during training Monday, but multiple doctors say that did not contribute to his death.

Henry Fung, 43, died after a heart attack while off-duty yesterday, Tucson Police officials confirmed to News 4 Tucson. They say he volunteered to be shot with a TASER during training on Monday.

TPD officials also say that multiple physicians at local area hospitals confirmed to them that the TASER did not contribute to his death