Prosecutor clears Moberly cop in Taser death

August 13, 2011
Brennan David, Columbia Daily Tribune

A second special investigation has cleared Moberly police officers in the death of a 23-year-old man who was tased three times in August 2008.

Special Prosecutor Milt Harper acted for Randolph County in the county’s investigation into the death of Stanley Harlan. Police said they resorted to using Tasers after Harlan resisted arrest when they stopped him on suspicion of driving while intoxicated.

Harper concluded that Officer J.J. Baird was not criminally negligent. Harper did, however, conclude Baird was civilly negligent based on Moberly’s $2.4 million settlement with the family.

“It should be very clear that he did not do it to harm him and cause death,” Harper said yesterday. “I think he did it out of stupidity, lack of training, etc.”

Darrell Harlan, the victim’s father, said he is disgusted with Harper. “I guess it’s all right to torture people,” he said. “That cop knew how strong the Taser was. He thought it was all right to Taser someone for 31 seconds. Harper is saying it’s fine to torture people.”

Harper’s investigation began soon after special prosecutor and Howard County Prosecuting Attorney Mason Gebhardt in January 2009 concluded Baird was not criminally liable, Harper said. A judge who appointed Gebhardt as special prosecutor later recused himself, resulting in a do-over.

Harper considered the original evidence, the latest scientific testing and testimony from the civil case because some Moberly officers refused to cooperate. At the heart of the matter was the standard for Taser use in 2008 and how that standard has evolved.

In 2009, Taser recommended that chest shots not be used because of possible cardiac issues.

But Baird in this case cannot be held to a standard that did not exist in 2008, Harper said. It was found that Harlan suffered some sort of cardiac condition during his autopsy, making a guilty verdict difficult to obtain for the state.

It was found that Baird applied the Taser three times for intervals of 3, 21, and 3 seconds, Harper said. Harlan’s father disagrees with those times, saying the longest was 10 seconds longer.

“Had he done that today the same way, I would have charged him with a criminal offense,” Harper said. “That would have been criminal negligence because he would have violated a training rule.”

The legal firm that represents Baird and other officers, Brown Carnell Farrow LLC, said it believes its clients acted accordingly to training at that time and criticized Harper for his presumption of civil liability.

“Mr. Harper knows that Moberly’s insurer settled that case without any input from the officers involved,” said a news release from Brown Carnell Farrow. “Mr. Harper also knows that the settlement papers state that no one admits any wrongdoing.”

Harper said he was frustrated with that view, saying, “I hope this demonstrates this officer’s belligerence. I hope his continued belligerence does not cause Moberly another incident in their community.”

Chief Burton supports possible Taser tweaks

November 1, 2010
Brennan David, Columbia Daily Tribune

As policy on Taser use has evolved, Columbia police Chief Ken Burton believes the device itself also has room to improve.

In August, Burton participated in a Police Executive Research Forum event where more than 60 police chiefs from across the country discussed ways to improve Taser use. While PERF’s executive committee has yet to release new recommendations as a result of the meeting, participants discussed mechanical changes that could improve the safety of the device.

The length of time an officer can send an electrical current through a person was discussed, and Burton said he thinks changes should be made to the devices, manufactured by Taser International.

“When people are under the influence, the extended shock has shown to be a problem,” Burton said. “We have asked them to reduce the amount of times a trigger can be pulled so that it automatically shuts off.”

The Taser X26, which is used by 87 of 110 patrol officers in Columbia, requires 50,000 volts to deploy the probes and shoot them as far as 25 feet. Upon impact, 1,200 volts are transferred to the subject, according to Taser International.

When the trigger is pulled, the Taser sends the electrical current through its probes for a five-second cycle. Officers are trained to press and release the trigger, said Officer Jason Baillargeon, a Taser trainer for Columbia police. The officer should be attempting to place handcuffs on the suspect during the cycle, he said. The Taser will continue to deploy an electrical current if the trigger is held.

Burton said he would like the Taser to shut off after the device is used a certain number of times on a suspect, and the PERF executive committee has requested that Taser International examine possible implementation. Burton did not specify a number of times the trigger should be allowed to be pulled.

“In some instances, like when officers are in the heat of the moment, they involuntarily keep the trigger down,” Burton said.

People for a Taser-Free Columbia organizer Mary Hussmann cited studies that showed as much as 80,000 volts can be transferred during a Taser deployment.

“They’ve requested this before,” she said of the potential changes to Taser devices. “Nothing has happened. Nothing will happen.”

Although no deaths have been attributed solely to Tasers, the use of the device in conjunction with health issues has resulted in death. “Normally there is something else involved, like heart problems,” Boone County Sheriff Dwayne Carey said. “A lot of this is the operator. Take the Moberly case, for example. It’s not the Taser itself, it was the operator. But the example can be used the same way for a baton.”

In August 2008, Stanley Harlan, 23, died after being stunned multiple times by Moberly police. The city settled with Harlan’s family without admitting fault, and a special prosecutor determined the officers were not criminally liable.

Columbia voters will decide tomorrow whether Taser use should be permitted in Columbia. If Proposition 2 passes, it will create an ordinance making it illegal for any officer or resident to threaten to use or activate any conducted electrical devices in the city.

Groups debate potential dangers of Tasers

October 31, 2010
Dan Claxton, Missourian

COLUMBIA — With the contentious vote on the prohibition of Taser use in Columbia only days away, experts continue to argue the relative danger of the devices.

Police officials contend that Tasers, when used properly, pose little risk to those they are used against. Opponents say the devices are unreliable and that many factors can make them dangerous.

Detective Jerry Staten is a former Texas police detective that now appears as an expert witness and consultant in Taser-related lawsuits.

Staten said that Tasers deployed correctly are safe. “They are specifically designed to reduce the likelihood of causing serious injury or death,” he said.

That sentiment is echoed by Las Vegas, N.M., Police Chief Garry Gold, who said, “Any mechanical tool is as good as its user. It’s just a tool of choice.”

In June, Gold decided to stop using Tasers in his department. He said the decision wasn’t because of any danger posed by Tasers. Rather, he cited complaints about officers misusing the devices, the growing threat of litigation and the expense of renewing his department’s accreditation.

But Gold said he supports the use of Tasers by law enforcement. “There’s a lot of pros and cons; it’s just dependent on the needs of a particular city,” he said.

Marjorie Lundquist disagrees. An expert on the effects of electricity and radiation on the human body, Lundquist said Tasers too often can be lethal, even though in certain circumstances they can be used without ill effect.

She cited several factors that must be present to keep the risk of serious physical injury from a Taser low:

■It must be administered only on physically fit young adults in good health who are free from drugs, who have no recognized genetic disease and who have not been engaged in vigorous physical activity in the five minutes immediately preceding the Taser shock.
■It must be used only against people whose limbs are not fettered or immobilized in any way.
■The shock should last for no more than five seconds.
Lundquist considers Tasers “very dangerous weapons” because there are many variables involved that police can’t see.

Lundquist said sickle cell trait is one genetic condition that makes Tasers potentially lethal. The trait is most commonly found in people of African ancestry. Lundquist said that even one shock from a Taser can induce a sickle cell crisis, which can be fatal.

Lundquist conducted an extensive study of Taser incidents resulting in death, and found that the more applications of Taser shocks, the greater the likelihood of death.

“My data indicate that it is risky for a person to be shocked more than once," Lundquist said. "And I have concluded that for some people, even one Taser shock is too many."

Lundquist said that when people are shocked with a Taser after being handcuffed, the risk of death increases dramatically because muscle contractions under those conditions are inhibited.

“When a muscle is forced to contract but is physically unable to shorten in length, the only thing that can happen is that the muscle tissue tears,” Lundquist said, adding that it could potentially cause kidney or heart damage, which could lead to death.

The Columbia Police Department recently adopted a set of 52 guidelines for the use of Tasers that includes a prohibition on using Tasers on handcuffed subjects, unless the subject is resisting or showing active aggression.

Lundquist said a major danger in electric shocks is the chemical changes they cause in the body. “What makes Taser shocks most dangerous is the lactic acid that they cause to be released into the blood. This can partially deplete the blood of oxygen,” she said.

Staten argues that it’s all about judgment. “There’s a problem out there with the use of the equipment," he said. "There’s not a problem with the equipment.”

Gold said his department is switching to a less-lethal weapon – the pepperball gun. This weapon fires balls of a pepper-based irritant that burst on impact, allowing an officer to pepper-spray a subject from a distance.

Gold said he believes the pepperball technology is “the next mechanical weapon of choice” that will be used by law enforcement agencies.

Voters in Columbia will decide on Tuesday whether both law enforcement and private individuals will be denied the use but not the possession of Tasers within the city limits. A yes vote will prohibit its use; a no vote will result in no change to the current laws.

A question of safety - Columbia voters to decide fate of taser use

The company [Taser International] for the first time issued a warning to users to avoid deploying Taser probes into the chest area. “They want to sell the product, but they are still finding out the effects,” Parke said. “The truth is that they do not know the effects of the Taser. Until they can ensure it is not an uncertain weapon, then we should stop using it.”

October 24, 2010
Brennan David, Columbia Daily Tribune

Are Columbia residents safer when police deploy a Taser than when an officer has to get into an all-out brawl with someone resisting arrest?

Those are questions voters might consider Nov. 2 when they decide whether the use of conducted electrical devices, or CEDs, should be banned in the city. The issue comes to voters after a grass-roots organization and the city couldn’t reach common ground when it comes to the safety of Taser use.

People for a Taser-Free Columbia — the group seeking the ban — and those who support Tasers as a law enforcement tool each have data and anecdotal evidence to support their cases.

On the pro-Taser side, there are stories of aggressive suspects and violent situations that have been curtailed when police displayed or deployed a Taser. In those cases, the Taser is a safer choice because officers don’t have to wrestle with suspects to take them into custody, Columbia police training Sgt. John Worden said.

On the flip side, CED incidents gone wrong have raised eyebrows, including in two Mid-Missouri cases. In 2008, Columbia police tased Phillip McDuffy while he was on a bridge over Interstate 70. McDuffy — who’d earlier threatened to jump from the bridge — suffered two broken arms and a skull fracture and eventually reached a $300,000 cash settlement with the city. That same year, a 23-year-old Moberly man, Stanley Harlan, died after a struggle with police that included several Taser deployments. The city of Moberly agreed last year to pay $2.4 million to his survivors.

With some Taser deployments contributing to injuries or death, coalition organizer Mary Hussmann said she hopes Columbia residents realize CEDs are unpredictable.

After more than three years of discussion, one common denominator has surfaced: Both sides are committed to public safety, but each has a different idea of what constitutes a safe, lawful arrest.

■
If Proposition 2 passes, it will create an ordinance making it illegal for any Columbia police officer, assistant law enforcement officer or resident to threaten to use or activate any CED within the city limits. That includes, but is not limited to, Tasers, stun guns, stun belts or shock sticks.

A violation of the ordinance would be a Class A misdemeanor that could result in up to a one-year prison sentence.

The ordinance would affect personal CED owners: They, too, would be prohibited from using or threatening to use Tasers within city limits. However, individuals would still be able to own, sell or purchase Tasers. The law would be similar to the municipal ordinance on the books that allows residents to own a gun but not brandish or use it in the city limits. Because people would still be allowed to own Tasers, the ordinance would not conflict with the Second Amendment.

If voters approve Proposition 2, Columbia will join a handful of states and cities with bans or restrictions on Tasers and stun guns. Along the East Coast, New York, New Jersey and Massachusetts have Taser bans. Some states, including Indiana and North Dakota, require individuals to obtain a license to carry Tasers or stun guns, and in other states, only law enforcement officers are allowed to possess them.

People for a Taser-Free Columbia argues that CEDs have caused unacceptable physical and psychological pain and that thousands of injuries and hundreds of deaths across the country have occurred after Taser use. The group also objects to the fact officers are allowed to use CEDs against children and the mentally ill, elderly and disabled “merely to obtain compliance.”

Although no death in the United States has been attributed solely to Taser use, supporters of the ban think it’s too risky to deploy a CED on a subject without knowing the person’s medical history. Substance abuse or other health factors combined with a CED deployment can be deadly, according to a U.S. Department of Justice report from June 2008.

Supporters of the ban also believe the device is cruel and is used to punish subjects resisting arrest, Hussmann said.

Columbia police say otherwise.

“We don’t want to hurt anybody, but we have a job to get done,” Worden said. “The public expects us to get it done with a justifiable and reasonable use of force. … If we thought this was unsafe, we wouldn’t subject our officers and citizens to it.”

Taser instructor Officer Jason Baillargeon said the Taser X26 requires 50,000 volts to deploy the probes and shoot them as far as 25 feet. Upon impact, only 1,200 volts are transferred to the subject, he said.

Hussmann counters that officers don’t know how many volts they transfer to the subject. She said she has seen several reports that claim as much as 80,000 volts can be transferred.

The amount depends on a number of factors, Columbia police Chief Ken Burton said Tuesday at a Columbia/Boone County League of Women Voters forum.

“No police use of force is completely reliable and completely predictable,” he said. “Every contact in which a police officer is required to use force in the course of their duties has several variables, one of which is the size of the officer. The size of the suspect. The mental state of the suspect. The physical condition of the officer and suspect are all variables that are completely out of our control. … The use of force by police is never a pretty thing.”

■
Between Nov. 15 and May 15, Columbia police deployed a Taser 12 of the 27 times officers displayed the device. In three of those cases, officers also combined deployment with a drive stun — when the gun itself is placed against the skin or clothing of a subject. Although internal investigations into officers’ conduct in these cases are incomplete, no injuries were recorded as a result of the Taser use.

During that same six-month period, 30 arrests involved physical strikes or “other” force. “Other” is a Columbia police category to classify any form of use that results in injury to the suspect. Of those arrests, seven resulted in injury to the subject or officer, police records show.

One suspect was allegedly high on PCP, and his arrest required a prolonged struggle that resulted in a concussion, abrasions and bruises to the officer, records show. In another case, a burglary suspect suffered a separated shoulder after he was tackled while resisting arrest.

Residents can expect more of those types of incidents if Proposition 2 is approved because officers would have to resort to strikes and other uses of force, police say.

“Rotator-cuff injuries, broken arms and fingers, ligament and tendon damage, lacerations, back injuries, broken noses, teeth and jaw are injuries that can occur,” Worden said. “You are wrestling a person into custody. If you can think about how you would get hurt in a fight, those things will happen.”

In 2009, Columbia police made 154,591 citizen contacts and 6,833 in-custody arrests, according to a year-end report. Only one baton use was recorded for the entire year; pepper spray was more common, with 85 uses. There were 46 strikes and 11 uses categorized as “other.”

The Taser was deployed or displayed 59 times for the year, 21 of which involved actual deployment. Officers were found to have acted properly in all cases. The 2009 report did not document injuries.

Columbia police began using CEDs in 2005, which, at the time, sparked some interest from the public. But more eyebrows rose when the Columbia City Council approved buying 44 additional Tasers with a $33,000 U.S. Department of Justice grant in 2008. The department had 38 CEDs when that grant was approved.

Hussmann said several concerned residents organized The Coalition to Control Tasers in response to the purchase because little was known about the devices. A justice department report released that year said there was no conclusive evidence indicating a high risk of serious injury or death from the direct effects of CED exposure but acknowledged the device is not risk-free.

“CED technology may be a contributor to ‘stress’ when stress is an issue related to cause of death determination,” the report concluded. “All aspects of an altercation (including verbal altercation, physical struggle or physical restraint) constitute stress that may represent a heightened risk in individuals who have pre-existing cardiac or other significant disease.”

The newly founded organization wanted reports of Columbia police incidents to determine whether CEDs were being properly used and whether they were safe.

But obtaining those reports was difficult, Hussmann said, because police wanted to charge hundreds of dollars to produce those records. The Missouri Sunshine Law allows such fees for public records.

In some cases, records were closed because charges were dropped or never issued on suspects who were tased. Those cases are especially of interest, though, because they might flag instances in which police did not follow protocol, Hussmann said.

“The real essence of what is happening with Tasers is in the details and circumstances of when they are being used,” Hussmann said. “A lot of tasing is not in the public view. The only way to get that is to come up with hundreds of dollars.”

With more officers carrying CEDs — 87 of 110 patrol officers have them — and the difficulty in obtaining CED records, the not-for-profit People for a Taser Free Columbia organized.

Also contributing to the group’s concerns was an October 2009 warning from Taser International, spokeswoman Catherine Parke said. The company for the first time issued a warning to users to avoid deploying Taser probes into the chest area.

“They want to sell the product, but they are still finding out the effects,” Parke said. “The truth is that they do not know the effects of the Taser. Until they can ensure it is not an uncertain weapon, then we should stop using it.”

Columbia police have adopted the guideline.

“Taser is recommending that this is better,” Baillargeon said. “I’m not sure why they changed the policy. Remember, this is not a ‘no shoot,’ but an area that should be avoided.”

People for a Taser Free Columbia eventually gathered more than 4,000 signatures of registered Columbia voters and requested that the city council approve the petition as an ordinance. The council denied that request, instead sending it to the Nov. 2 ballot.

During the same period, Taser policies within the Columbia Police Department were evolving as more information about the device became available. Initially, Columbia police used guidelines provided by Taser International, Worden said. Eventually, they began to adopt Police Executive Research Forum, or PERF, guidelines to distance the department from the manufacturer’s guidelines, which some considered biased.

“Our Taser policy has probably changed more and more than any other policy we have over the last two or three years,” Worden said. “We have gone from a very heavy Taser International policy to one that is PERF guideline-heavy.”

Despite solid policies, though, Worden acknowledged that officers will make mistakes.

■
Columbia police officers aren’t the only ones who would be affected if Proposition 2 is approved.

The Boone County Sheriff’s Department also would have to revisit its Taser use. Fifty-eight Boone County employees are certified to carry Tasers during patrol and other law enforcement activities that often bring deputies into the city limits to make arrests or follow up on investigations, Sheriff Dwayne Carey said. Deputies also are responsible for serving a significant number of court orders and ex partes within the city limits.

“I call it the fertile circle of Columbia,” Carey said. “It is not uncommon for part of a road to be in the county and the other half in the city. We would be asking a deputy in a high-stress situation trying to decide what use of force will stop the threat then have to think, ‘Am I in the city or county?’ ”

The Boone County Jail also is in the city limits and would fall within the requirements of the proposed Taser ordinance. CEDs were introduced to the jail in 2004, with three Tasers in service, according to jail statistics. Today, there are 11 Tasers at the jail.

Jail Chief Warren Brewer said most Taser use in the jail is in response to physical force that does not rise to the point of deadly force.

“Most individuals that are tased are in a situation where they are being combative or violently self-abusive,” Brewer said. “We have a 20-1 ratio. The last thing we want is for a firearm to get into the hands of 20 to 25 inmates.”

Prisoners have apparently caught on, and just seeing the device is enough to calm some situations. Records show Taser probe deployments have been cut in half since 2004; there were 18 deployments that year and nine last year. On the flip side, jailers have displayed the weapon six times this year, compared to zero times in 2004.

“Some individuals that might have been subject to use before of them don’t want to mess with them anymore,” Brewer said. “If necessary, they voluntarily comply. Word gets around.”

Brewer did not categorize the device as necessary for jailers — they got by for years without them. But the concrete and steel jail environment makes for a dangerous wrestling ring, he said.

The Missouri State Highway Patrol and the University of Missouri Police Department often assist Columbia police but do not carry Tasers or other CEDs. MU police Capt. Brian Weimer said the cost of CEDs, their upkeep and training are the biggest reasons for not investing.

The state highway patrol is also satisfied with the equipment and tools troopers already have at their disposal. Only the highway patrol’s gaming division and SWAT team use CEDs, spokesman Capt. Tim Hull said.

“Our gaming division uses them because of the close proximity of people in a casino setting. Pepper spray couldn’t be used in those situations,” Hull said. “Our SWAT team uses them for the obvious reasons, but road officers are not assigned Tasers because we have too many other options.”

Hull said those options include the baton and OC spray, also known as pepper spray. He also said the issuance of thousands of Tasers, their upkeep and the continued training would be a much more daunting task for the highway patrol than for a police force of 200 officers.

Taser use by the highway patrol would require legislative approval.

The proposed Taser ban in Columbia has drawn opposition from various city leaders and groups. Mayor Bob McDavid has publicly expressed concern about taking a tool away from police. The Columbia Chamber of Commerce this month announced its opposition to the ban, citing the need for a safe community to draw visitors and businesses.

Keep Columbia Safe also opposes the ban. That’s the group responsible for the April election victory to place cameras in downtown Columbia. Organizer Karen Taylor said CEDs are tools that aid law enforcement.

Killing Them Safely

I am profoundly honoured to have been asked to provide this link to the world première of the "trailer" for a new, never before seen documentary called Killing Them Safely. This documentary, co-produced by filmmakers Nick Berardini and Scott Peifer with Scott Schaefer as videographer, chronicles the tragic death of 23-year-old Stanley Harlan, who died after he was tasered by police in Moberly, Missouri in August 2008.

"There is no better place to introduce my film to the world than Truth Not Tasers. Patti Gillman has spent countless hours of her life fighting to get answers that are beyond difficult to come by. Her relentless effort to tell the world about the dangers we face when tasers are misused inspired me as a journalist to continue searching for answers when they were never easy to find. We all owe Patti for the courage she has displayed in taking this issue from the depths of irrelevancy, and bringing it to the forefront of democratic society. This film will be partially dedicated to her, her efforts, and the memory of her brother, Robert Bagnell. Thank you for everything you do." - Nick Berardini, Director/Killing Them Safely

To see the Official Website and Watch the Trailer click on the following link:
Killing Them Safely

KILLING THEM SAFELY - Film puts focus on Taser use

May 10, 2010
By Brennan David, Columbia Daily Tribune

Monday, May 10, 2010

Dedicated to telling a story, filmmakers Scott Peifer and Nick Berardini slept in a New York airport one night to make sure they stayed under budget.

It was Day 11 of their travels across the country, and neither was sure of the financial state of their documentary. It’s something they laugh about today, Peifer said, but trying to sleep in the terminal wasn’t funny at the time. At that point, the co-producers of the film had traveled across the country in their effort to document the 2008 Taser-related death of Moberly resident Stanley Harlan, 23, and were not sure how the project would evolve.

“We were getting low on finances because all the investors at that time were not in,” he said. “We needed to suck it up. We knew when people see this, they will realize that these stories don’t feel real. It’s going to blow people away.”

Peifer and Berardini, both University of Missouri graduates, set out last year to create “Killing Them Safely,” a documentary chronicling Harlan’s death after being struck by a Taser deployed by a Moberly police officer in August 2008. Harlan’s mother, Athena Bachtel, and others witnessed his death, which occurred near the family’s home.

Bachtel contends police deployed the Taser while her son was handcuffed and that police refused to administer basic life support when he stopped breathing. Berardini said perhaps the most compelling shot of the film is of the victim handcuffed against the car. Harlan is clearly struggling to breathe, Berardini said.

A special prosecutor later determined Moberly police officers were not criminally liable in Harlan’s death, and his family reached a settlement with the city.

The film crew set out in July to begin interviewing representatives of Taser International, Harlan’s family and other families in similar situations. KOMU videographer Scott Schaefer was brought in to film interviews that took the small crew to New York; Los Angeles; Scottsdale, Ariz.; and Winnfield, La. Schaefer, who was contracted to film interviews and had no input in the storytelling process, said he is eagerly awaiting the first cut of the documentary, which could be ready by the end of this month. “I don’t believe there is much narration,” he said. “These people are telling their story. There is a lot of passion on both sides of it.”

The film is being edited in New York because Berardini thought he had too great a film for him to edit himself. The former walk-on MU basketball player and journalism graduate said he at first intended to personally edit the film but realized it might be beyond his skill level. Once the final cut is approved, the film will be released to film festivals, and it could be released as early as this fall.

Berardini is a former KOMU reporter who worked at the scene in Moberly on the morning of Harlan’s death. He said he always thought there was more to the story than was being told.

“We found that there is this inherent trust that you want to believe in law enforcement,” Berardini said. “I am not one of these people that believe law enforcement is out there to get people because they don’t like them. The situations we were looking at were so blatantly wrong, we wanted to do something about it.”

The $50,000 film project is financed by several private Mid-Missouri investors.

WORLD-WIDE BAN ON THE TASER, anyone?

A guestbook message received here today deserves its own post:

We are the group that placed the 388 crosses in the front yard of the Harlan household, where Stanley Harlan was murdered in front of his home & mother. There is not a day that goes by that he is not thought of and missed.

We are still willing and able to help in the world-wide BAN on the taser!

PLEASE, if there is anyway that all the "groups" that are working in their towns to try to ban these "non lethal weapons", if there is anyway we can all work together and fight Taser International as a bigger group, maybe we would have a better chance!! My thoughts & prayers are with all family, friends of loved ones that have lost their lives to the Taser affects.

Donna
tdfainter@yahoo.com

Missouri activists hope Taser settlement teaches lessons

Wednesday, June 24, 2009
BY Christine Lesicko, Missourian

COLUMBIA — With the announcement of a settlement in the Taser death of a Moberly man, local activists who pressured the Columbia Police Department to adopt strict guidelines for the use of Tasers said they hope the incident sent a strong message.

“What happened was abuse of a Taser weapon. Hopefully lessons will be learned from this incident statewide,” said Mary Hussman, a member of the Coalition to Control Tasers.

Family members of Stanley Harlan, 23, who died after being shocked with a Taser in August 2008, will receive $2.4 million in an out-of-court settlement with the city of Moberly.

The city will also suspend the use of all Tasers until two town hall meetings are held and a revised Taser policy is issued, according to a news release from Moberly City Manager Andy Morris.

Harlan was shocked several times with a Taser in front of his house after Moberly police stopped him and tried to arrest him on suspicion of driving while intoxicated, according to previous Missourian reports.

He was pronounced dead at about 2 a.m. on August 28, at Moberly Regional Medical Center.

In November 2008, Randolph County Coroner Gerald Luntsford ruled Harlan's death a homicide. The incident was investigated by the Missouri State Highway Patrol and the FBI, neither of which found any criminal wrongdoing by officers. In January, a special prosecutor assigned to the case announced that no criminal charges would be filed against the officers.

The lawsuit against two Moberly police officers and the city was finalized Monday morning in the U.S. District Court for the Eastern District of Missouri.

Columbia police have faced criticism for their own use of Tasers, partly because of Harlan's death and other incidents involving the weapons.

The most public of these occurred on July 25, when Phillip Lee McDuffy, 45, of Columbia fell 15 feet from Providence Road bridge over Interstate 70 onto an embankment after police shot him with a Taser. McDuffy was critically injured in the incident, according to previous Missourian reports.

In December, the Missourian reported that McDuffy made a settlement offer to the city of Columbia for $500,000. Deputy Police Chief Tom Dresner said Tuesday that he had not heard anything about the McDuffy settlement and as far as he knew, the case was still pending.

In March, the Columbia Police Department admitted improper Taser use in two cases from September and October 2008. In April, the department issued stricter guidelines for Taser use, including improvements to internal oversight, training and medical care for people shot with a Taser, according to previous Missourian reports.

In April, as one of his first orders, Police Chief Ken Burton chose to adopt all 52 guidelines regarding Taser use set by the Police Executive Research Forum (PERF), largely as a result of pressure from the coalition.

Dresner said there have not been many Taser incidents since the adoption of the new guidelines, and the department feels “very comfortable” with the policies that have been implemented.

Hussman said implementing PERF guidelines was an important step by the Columbia Police Department.

“We have higher standards here (in Columbia) thankfully, but we need to verify that the PERF standards are being adhered to," she said. "It still has to be shown that officers will adhere to those standards, which is why the coalition thinks that all Taser offense cases should be open to the public.”

Ed Berg, another member of the Coalition to Control Tasers, emphasized that a Taser is a "less lethal weapon, not a non-lethal weapon."

"They should only be used when there is danger to the police, to the public or to the person involved in the incident," he said. "There needs to be specific guidelines for use of Tasers, and police need to follow them.”

The city of Moberly did not admit any fault or liability in the settlement and will not use any of its own funds to make the payment, according to the release. The city's insurance company will be responsible for the payment.

Moberly also agreed to have at least one Automatic External Defibrillator in an on-duty patrol unit and to require officers to complete a training course on recognizing and responding to medical distress.

Stephen Ryals, an attorney for Harlan’s mother, Athena Bachtel, said the settlement “is a bittersweet conclusion to the case.”

“The money is not an issue for my clients, but they were pleased to get reforms in Taser policy and medical reform,” Ryals said.

The family intends to continue working to get the officers responsible for Harlan’s death prosecuted, Ryals said.

Moberly (Missouri) to impose moratorium on tasers and pay $2.4 million in Taser lawsuit settlement

June 23, 2009
The Associated Press

MOBERLY, Mo. This municipality agreed Monday to an indefinite moratorium on the use of stun guns and will pay $2.4 million to survivors of a man who died after police shocked him.

Stanley Harlan, 23, died in August 2008 after Moberly police officers stunned him three times during a stop for suspected drunken driving. His family settled with the city of Moberly on Monday in U.S. District Court in St. Louis.

Harlan's mother, Athena Bachtel, sought the moratorium as a way to prevent other deaths, said the family's lead attorney, Stephen M. Ryals.

"The pursuit of justice for her son and specifically reforms of the behavior of Moberly police was paramount," Ryals said. "The monetary settlement was really unimportant to her."

Harlan was shocked after arguing with officers during a traffic stop. Authorities have said he was suspected of drunken driving. A statement from his family's lawyers said he was accused of speeding.

The readout on the officers' Taser indicated Harlan was stunned three times, Ryals said. Harlan lost consciousness and died a short time later.

Calls to attorneys for the city Monday night were not immediately returned. But the city said in a news release that no fault was admitted in the settlement and its insurance company will pay the entire settlement.

"It is never the goal or desire of any police officer to cause or contribute to the death of any person," the release said. "Mr. Harlan's death was certainly unanticipated and unintentional."

The release from the city noted that the Missouri State Highway Patrol and the FBI investigated the death and found no evidence of criminal wrongdoing. No criminal charges were filed.

But Ryals said his clients haven't given up on the possibility of a criminal prosecution.

He said he also is considering a lawsuit against the maker of the stun gun, Taser International Inc. of Scottsdale, Ariz.

The stun gun moratorium will continue until two town hall meetings have been held, and the police department has issued a revised Taser policy. The city also has agreed to assign at least one automatic external defibrillator to an on-duty patrol unit and require additional training on topics including recognizing and responding to medical distress.

Bachtel, along with Harlan's father, Darrell Harlan, and his 1-year-old son will share in the settlement.

Outlaw tasers

UPDATE - with regret, knowing as we do that "became unresponsive" and "deployed his taser twice to subdue him" are synonymous.

January 9, 2008
The Associated Press

MOBERLY, Mo. | A Howard County prosecutor says no criminal charges will be filed in the death of a suspected drunken driver killed after a police officer fired a Taser at him. Prosecutor Mason Gebhardt says Moberly police officer J.J. Baird was justified in using a Taser to try to arrest 23-year-old Stanley Harlan of Moberly during a traffic stop in August. Gebhardt says he reviewed reports and a video of the incident to determine Harlan was resisting arrest. Baird made the stop, suspecting Harlan was driving drunk and placed him under arrest. Police say when Harlan resisted, the officer deployed his Taser twice to subdue him. The first Taser shock lasted five seconds and the subsequent shock was only one second. Harlan became unresponsive soon thereafter. Officers started CPR until an ambulance arrived. Harlan was pronounced dead at a hospital.

















On November 19th, I posted the message below. Today I received these photos and this message: we would be honored if the families and friends of the victims on the list wanted to send a pic to our email (outlawtasers@yahoo.com) so we could post their pics on theirs, or even contact us at the email address if they wanted to see the memorial themselves and place pics or decorations themselves.

November 19, 2008

I received this message on my guestbook and I am posting it here in case anyone would like to be involved in this:

We are a group of friends & relatives helping a mother (who's son was tased by local police in front her Aug. 28, 2008). We are currently working on making 386+ crosses representing the people whom have died from being tased. (Names found on this site ) We have not set a date as when we will place these in the ground, but wish to do it before the holidays. It would be nice if we had some kind of picture of deceased, family or friend to come & place the cross, news story or anything, We would like to make it known nationally, our goal is to have the taser outlawed everywhere.

As I mentioned, my friends son was tased, he was unarmed, was not on drugs. It was another instance of police brutality here in our small town.

For more information or to send a photo, contact outlawtasers@yahoo.com

Coroner rules taser death homicide

Luntsford said he could not disclose whether the use of the Taser killed Harlan. "There’s no doubt it contributed to it," the coroner said. "In a few days, we will have exactly what killed him."

STANLEY HARLAN WAS UNARMED AND POSED NO CREDIBLE THREAT TO POLICE.

November 14, 2008
By JOE MEYER, Columbia Tribune

The Randolph County coroner has ruled that the August death of a man whom Moberly police shocked twice with a Taser during a traffic stop was a homicide.

Gerald Luntsford said he would wait until receiving the results from a Missouri State Highway Patrol investigation before releasing the exact cause of death for Stanley Harlan, 23, of Moberly. Luntsford said he expects that investigation to be complete soon.

"A homicide only means that a person came to their death by the hands of another," Luntsford said today.

In a separate investigation, the highway patrol is trying to determine whether officers acted appropriately.

Luntsford said he could not disclose whether the use of the Taser killed Harlan. "There’s no doubt it contributed to it," the coroner said. "In a few days, we will have exactly what killed him."

Moberly police pulled Harlan over early Aug. 28 for driving his vehicle erratically and tried to arrest him on suspicion of driving while intoxicated. Harlan resisted, and the arresting officer was able to get only one handcuff on him, police said.

An officer, whom police have not identified, deployed the Taser and forced Harlan to the ground. Police said that when Harlan refused orders to remove his arms from under his body, the officer deployed the Taser again, and Harlan complied.

A short time later, Harlan became unresponsive and the four officers on the scene requested an ambulance. Harlan stopped breathing before paramedics arrived, and he was pronounced dead at Moberly Regional Medical Center. Boone County Medical Examiner Chris Stacy conducted the autopsy.

Luntsford said the next step in the case will be to discuss it with Randolph County Prosecuting Attorney Mike Fusselman, who could decide to investigate or ask that a special prosecutor be appointed because of the connection with local police. Luntsford also said he could hold a coroner’s inquest in front of a jury.

A woman who answered the phone at Fusselman’s office today said the office was not involved in the case before hanging up. Moberly police forwarded requests for comment to the highway patrol.

The highway patrol’s Division of Drug and Crime Control is close to completing its investigation, Sgt. Jason Clark said. Clark did not provide a timetable for when information might be released.

"We’re investigating every aspect of this incident," Clark said, including whether the officers acted appropriately.

Commander Kevin Palmatory of the Moberly Police Department defended the officer’s action after the incident, saying the officer followed procedure and that he was unaware of any death directly attributed to Taser use, a defense often used by police departments.

Tasers emit a burst of 50,000 volts that temporarily immobilizes the target. The Columbia Police Department and Boone County Sheriff’s Department have used Tasers for years. Columbia police used federal grant money to nearly double the number of weapons for its officers, a decision that has been criticized by local citizen groups.