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

An embarrassing anniversary arrives for a broken RCMP complaint system

November 21, 2011
British Columbia Civil Liberties Association

An embarrassing anniversary arrives for a broken RCMP complaint system

November 23 is the second anniversary of B.C.’s Solicitor General filing a complaint with the Commission for Public Complaints Against the RCMP (“CPC”) in relation to the 2003 death of Clayton Alvin Willey. At the time of the complaint, the Solicitor General called the investigation into the details of Willey’s death a matter of “confidence in the RCMP.” Two years later, the investigation by the CPC has not been completed.

The CPC is the same organization recently asked to conduct a multi-year investigation of sexual harassment complaints by female RCMP police and civilian staff.

“Ensuring standards of performance are met on complaints is a concern for all British Columbians. It should be a concern of the RCMP as well,” said Robert Holmes, Q.C., President of the BCCLA. “It is imperative that the Solicitor General ensure that the RCMP and CPC agree to appropriate performance measures if BC is to enter into a new contract. It shouldn’t take two years to respond to complaints. If the CPC and RCMP are going to allow multi-year delays in complaint investigations, they’re effectively thumbing their noses at those they’re supposed to serve.”

Clayton Alvin Willey died shortly after being removed from the Prince George RCMP detachment by ambulance. He had been Tasered multiple times while hog tied, and had been dragged while hog tied from the back of an RCMP SUV and allowed to drop, full weight, on his head and chest, fracturing his skull and ribs. RCMP video showed Mr. Willey being dragged through the RCMP detachment and receiving multiple Taser applications. The 2003 case rose to prominence again in 2009 when the BCCLA and Union of B.C. Indian Chiefs publicly released details contained on an RCMP surveillance video of the death and called for the release of the video.

“Clayton Alvin Willey’s death is a black mark on the record of service of the RCMP in BC,” noted Holmes. “We want timely investigations and prompt accountability for any who failed to live up to the standards the RCMP is supposed to live by. Instead, we are left knowing that another season’s ice is forming on the Ottawa River and that eight years after Mr. Willey died in 2003, we still have no answers from the force or the Complaints Commissioner whose job it is to uphold the public’s trust.”

Man dies in North Carolina after police taser him for failing to stop riding his bicycle

November 23, 2011
WITN, North Carolina

The State Bureau of Investigation is now looking into the death of a Halifax County man after he was hit with a stun gun. Police say Roger Anthony, 61, was riding his bike along a road in Scotland Neck Monday night when he was ordered by an officer to stop.

Officers had received a call about a man on a bike who fell and may have been drunk.

When Anthony failed to respond to the officer, the policeman shocked Anthony with a stun gun and he fell off his bike. Anthony's family says the disabled man, who suffered from seizures and had trouble hearing, was declared brain dead at Pitt County Memorial Hospital. He died after being taken off life support.

The mayor of Scotland Neck called for North Carolina's State Bureau of Investigation to look into what happened. He says Anthony did not pose a threat.

Wednesday morning an SBI spokeswoman told WITN News they were asked by Scotland Neck police and the district attorney to investigate the death.

The officer involved, who has only been on the force for a month, has been placed on desk duty.

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.

Montpelier Police Chief withdraws request for tasers

November 18, 2011
Times Argus

Montpelier Police Chief Anthony Facos has withdrawn his request that officers be allowed to carry Tasers, and asked that the issue be dropped from further consideration, according to City Manager William Fraser.

"Chief Facos and I continue to believe that tasers could be an important and appropriate tool for the safety of our police officers and citizens. The City Council has been working very hard to find a balance between concerns about the devices and concerns about officer safety. Their sincere dilemma is indicative of the division within the community about this issue. Despite our opinions about tasers, the Chief and I both feel that a positive and productive relationship between the Police Department and our citizens is far more important," Fraser said in a press release.

Mayor Mary Hooper has agreed with the request, the press release says, and the issue will be discontinued

Cop sues Taser after riding the lighting

See also Taser shreds injury reports

November 18, 2011

Andy Butler, a Dallas police officer, filed a lawsuit against Taser International after being willingly zapped with over 50,000 volts of electricity during a Dallas Police Department training session.

The “ride,” which being tasered is often referred to, is what Butler blames for fracturing his back and leaving two metal plates in his neck.
For Butler it has been a “ride” he will never forget.

"I don't think any responsible person would have made that decision, knowing what I know now," Butler tells KDAF.

The 2009 incident required Butler to have surgery to repair three herniated discs in his neck, where one was forcing pressure on his spinal cord. Apparently Butler’s back muscles constricted so tight with the jolt that it crushed his vertebrae.

Butler, now under constant pain, has become a part of a rising number of law enforcement officers across America who are suing Taser International. According to the lawsuits, Taser has fallen short of effectively warning officers and their departments about the dangers of being tasered.

"Taser has known since 2004 that every time an officer is tasered, he is at risk of serious injury or even death," Butler's attorney, Mark Haney, tells KDAF.

Although Dallas PD does not require cops to be tasered, some in law enforcement say its all but a necessity.

"It seemed like a rite of passage, that everybody had to do it," Butler said. Butler admitted that peer pressure also played a significant role in experiencing “five seconds of pure pain.”

Butler adds the waiver he signed from Taser alluded to possible "physical exertion or athletic-type injuries” but failed to mention anything of this magnitude.

“They hint around about it, but they don't just come out and say that 20-40 officers have been injured and these are the kinds of risks you pose, if the department allows officers to be tasered," Butler’s attorney tells reporters.

Now the stun gun maker is counter-suing Butler, claiming he should have known the risks.

In a recent deposition for Butler's lawsuit, the CEO of Taser, Rick Smith, testified that instruction manuals disclose that ten officers have been injured while in Taser training. Smith admitted in his testimony that Taser never made an attempt to have the department put an end to Tasering its officers in training.

According to Taser's website, over 559,000 devices have been sold to more than 16,000 law enforcement and military agencies.

"That is a weapon we use on the public. If we think it is unsafe and harms officers, then I couldn't reasonably deploy those weapons against the public," says Deputy Chief Floyd Simpson, who is the head of the department's policy on Taser training.

Taser still stands by their products and credit the device for saving countless lives by providing police with a nonlethal option when dealing with uncontrollable criminals.

“I’m not saying there’s not a place in the law enforcement for a less-than-lethal option. I think a Taser is better than a 9 mm every time. But police officers need to understand these consequences and limit the risks in training,” Haney adds.

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

California man dies

November 15, 2011: Jonathan White, 29, San Bernardino, California

Lawyers can’t vet officers’ notes in SIU cases, Ontario Court of Appeal rules

November 15, 2011
Tracey Tyler, Toronto Star

Police officers involved in fatal shootings and other serious incidents are not permitted to have a lawyer vet or help prepare their notes before they’re turned over to the Special Investigations Unit, the Ontario Court of Appeal has ruled.

In a 3-0 decision Tuesday, the court said allowing lawyers into the process to shape and refine the finished product would defeat “the fundamental nature and purpose of a police officer’s notes” – to provide an independent and contemporaneous recollection of what happened.

“An officer eager to have … a legally valid explanation for his or her own conduct would naturally emphasize and present the facts in accordance with the lawyer’s advice,” said Justice Robert Sharpe, who wrote the judgment.

There’s nothing to prevent an officer immersed in the “stressful” aftermath of a police shooting from getting some basic legal advice about their rights and duties, such as whether they are required to answer questions from SIU investigators, Sharpe said.

But officers must complete their notes before the end of their shift and can’t delay for the purposes of getting advice from a lawyer, he said on behalf of a panel that included Justices Robert Armstrong and Paul Rouleau.

The decision is a victory for the families of Douglas Minty, 59, and Levi Schaeffer, 32, two mentally ill men shot dead by the Ontario Provincial Police two days apart in June 2009.

Their families were shocked by some of the practices employed by officers during investigations by the SIU, the independent civilian agency set up to investigate when police are involved in cases involving death, serious injury or sexual assault.

They’ve also been a concern to SIU director Ian Scott, who has complained such practices frustrate the agency’s investigations.

“This judgment is a huge step forward in the battle against police manipulation of SIU investigations,” said Julian Falconer, a lawyer representing the families.

At a hearing earlier this year, the appeal court was told it is common for officers involved in SIU investigations to prepare double sets of notes, one to be vetted by their lawyer and a second for public consumption.

The court was also told that in a Hamilton Police Association newsletter in 2009, a Toronto lawyer who frequently represents officers, recommended anyone involved in an SIU investigation be vague about how many times they fired their gun.

The lawyer also offered an example of how an officer might logically explain such an incident.

“The obvious needs to be said again and again,” he wrote. “He pointed the firearm at me and, fearing for my life and the life and safety of my fellow officers and members of the public, I fired at him several times.”

About five hours after Schaeffer was killed during an investigation into a boat theft at Pickle Lake, the officer who fired the fatal shot consulted his lawyer, Andrew McKay, who asked him to prepare notes for him to review.

The officer, Constable Kris Wood, later wrote in his notebook that Wood advised him that his notes “were excellent and to complete his notebook.”

The families sued, asking a judge to rule on whether the note-vetting custom and other practices followed by officers in the course of SIU investigations were authorized under the Police Services Act.

The officers and the Commissioner of the OPP argued the families had no standing to bring that question before a court as a matter of public interest. They also argued the family’s concerns had become moot as a result of recent amendments to rules governing SIU investigations.

The appeal panel disagreed.

The court awarded the families $100,000 in legal costs, to be paid by police respondents.

Connecticut man dies

November 13, 2011: Ronald Cristiano, 51, Bridgeport, Connecticut

Taser use increases, questions arise

November 10, 2011
CBS News

A National Institute of Justice study concludes some police are going to their tasers to subdue suspects "way too fast," causing unnecessary pain and, in some cases, death. Correspondent David Martin takes a look at the hottest new tool in the police officer's belt that is now being used by 16,000 law enforcement agencies in the U.S. Martin's report will be broadcast on "60 Minutes" Sunday, Nov. 13 at 7 p.m. ET/PT.

Geoffrey Alpert, professor at the University South Carolina's Criminology and Criminal Justice Department, wrote the study. He says the infamous incident of the "Don't tase me bro" Florida college student is the perfect example of a taser-happy police officer. "If those officers couldn't control him without using a taser, they need to be retrained...to be disciplined," he tells Martin. "Some are using them way too fast."

In another incident, also caught on videotape like the Florida student's, a disgruntled employee of a supermarket died after being hit with a taser - an extremely rare occurrence. In this case, however, the police officer can be seen on the videotape with his taser drawn before he even encounters the suspect. A jury awarded the man's family $10 million in a case TASER International is appealing.

The Las Vegas Police Department was among the first to employ the taser. Officers there used the weapon twice as much in 2004 as they do now. Marcus Martin, the department's taser trainer, agrees that officers may have used their taser too quickly early on. "But that's the same with any tool that comes along...we have to go back and train that out of those officers," says Marcus, who has full faith in the taser. "It's changed the face of police work forever."

Approximately 500,000 officers in the U.S. carry a taser. Nearly one and a half million suspects have been tased by authorities and of that amount, 485 have died afterwards. But TASER International claims that only 20 of those could be argued to have been caused directly by the weapon; the rest were linked to other causes, like cocaine intoxication, the company says.

Since tasers came into use, the number of suspects brought to the hospital after their arrest has been down each year. Fewer officers are injured making arrests also. Says Marcus, "The truth...this person is alive today and that person is alive today or this police officer is not harmed today, because of this less-than-lethal device."

Court of Appeals rules stun guns are deadly weapons

November 02, 2011
Beaufort Observer

Is a stun gun a dangerous weapon capable of inflicting deadly force? That is a question we have raised here on several occasions and suggested that they should be treated as deadly weapons.

Yesterday (11-1-11) the N.C. Court of Appeals, in a unanimous decision, agreed with our reasoning.

In the case of the State v. Riveria the court ruled that a stun gun (an X26 Taser) "is a dangerous weapon that endangered or threatened Scott's (victim) life." You can read the actual decision by clicking here.

Briefly, the case resulted at a robbery at a Raleigh Wal-mart. Victim Scott was robbed by two men who tried to grab a cash box as Scott replenished an ATM machine in the store. When she resisted one man's attempt to siege the cash box. While she struggled a second man shocked her with a stun gun. She fell to the floor, and evidence showed she suffered serious injury (requiring surgery for a dislocated shoulder and other injuries).

The two robbers were apprehended and charged with robbery with a dangerous weapon. At the end of state's evidence the defendants moved for dismissal of the charge, contending that a stun gun is not a dangerous weapon. The trial court rejected the motion. The COA upheld that ruling.

The COA said:
The elements of robbery with a dangerous weapon are: (1) the unlawful taking or an attempt to take personal property from the person or in the presence of another; (2) by use or threatened use of a firearm or other dangerous weapon; (3) whereby the life of a person is endangered or threatened. N.C. authority cited in support of his argument, pertains to denial of defendant's motion to dismiss the charged offense. Gen. Stat. § 14-87 (2009); State v. Small, 328 N.C. 175, 181, 400 S.E.2d 413, 416 (1991). "The element of danger or threat to the life of the victim is the essence of the offense." State v. Gibbons, 303 N.C. 484, 489, 279 S.E.2d 574, 578 (1981). The dispositive issue in this case is whether there was sufficient evidence presented at trial to establish that the stun gun was a dangerous weapon that endangered or threatened Scott's life.
The facts in the case indicated that Scott suffered serious injury, but the defendants argued that it did not threaten her life so the third element of the offense was not proven by the evidence. The COA disagreed, saying
[t]he use of a dangerous weapon need not result in death, but the instrument itself must merely be capable of taking life in the manner that it was used. . . . [A]ny instrument capable of causing serious bodily injury could also cause death depending on its use. In our view, serious bodily injury is synonymous with endangering or threatening life.

We hold that due to the actual effect of the stun gun in this case — serious injury — a permissive inference existed sufficient to support a jury determination that the stun gun was a dangerous weapon.

An irony in this case is that it defines the characterization of stun guns as a dangerous weapon, capable of inflicting deadly force (depending on its actual use) in relation to a criminal using the stun gun. But the same principles of law apply to a law enforcement officer's use of a stun gun in affecting an arrest.

Officers are permitted to use reasonable force to subdue a subject. But a long series of cases has held that officers may not use deadly force unless it is necessary to remove an imminent danger. In other words, officers may use force in making an arrest, as long as the arrest itself is legal, but they may not use more force (excessive) than is necessary to accomplish a legitimate purpose.

Some officers have not considered stun guns to be dangerous weapons. In fact, an expert witness testified to that effect at trial in this case. The COA disagreed with that conclusion, holding that stun guns fall at the same end of the continuum of force that firearms do.

We think this is a common sense decision by the court. Now, if law enforcement agencies apply the same common sense to their policies and procedures we think the outcome will be a good one for the public interest.

Clearly stun guns are dangerous weapons, whether used by a criminal or an law enforcement officer. They should be treated as such. And whether they actually cause death is not the issue. They are capable of such, as has been shown by numerous cases over the last few years. There is a link in this article to examples of this fact.

We believe stun guns are essential and entirely appropriate tools for law enforcement to use. But as this case shows, they should be treated essentially the same as a firearm in determining their actual use in a particular instance.

Spokane Policeman Convicted in Civil Rights Trial of Killing Unarmed Man

November 3, 2011
Joel Rosenblatt, Bloomberg

A Spokane, Washington, police officer whose March 2006 beating of an unarmed man led to his death was convicted of civil rights and obstruction charges.

Karl F. Thompson Jr., 64, used a Taser on Otto Zehm, 36, and beat him with baton blows to the head, neck and body, the U.S. Department of Justice said yesterday in an e-mailed statement. Zehm was hogtied, stopped breathing, and was taken to the hospital, where he died two days later, according to the government.

Thompson was “given considerable power to enforce the law, but instead he abused his authority when he brutally beat an innocent man,” Assistant U.S. Attorney General Thomas E. Perez said in the statement. The Spokane police officer faces as many as 30 years in prison.

Video at trial showed Zehm shopping at a convenience store, and witnesses testified he appeared to be unaware of Thompson charging with his baton raised, according to the statement. Though Zehm never returned to his feet after the initial blows, Thompson continued beating him, including a final flurry of seven baton strikes in eight seconds captured by security cameras, according to the statement.

Carl Oreskovich, a lawyer representing Thompson, didn’t immediately return a call after business hours yesterday seeking comment. Thompson claimed the beating was justified because he felt threatened by a plastic bottle of soda the victim was holding, the Justice Department said.
Thompson went to the store after two teenagers reported a man standing near them at a teller machine leaving with something that looked like money after they canceled their transaction, according to the statement. Police dispatchers made clear that the teenagers weren’t sure if the man had their money, according to the statement.

In a report Thompson gave after Zehm died, Thompson denied hitting the victim in the head with his baton, according to the statement.

The case is U.S. v. Thompson, 09-cr-00088, U.S. District Court, Eastern District of Washington (Spokane).

ACLU responds to I-Team's Taser investigation

October 28, 2011
Robyn Tyndall, wcpo.com i-team

CINCINNATI - The A.C.L.U. is weighing in on the delays in the investigation into the death of U.C. Upward Bound student Everette Howard.

Howard died nearly three months ago shortly after he was tased by a U.C. police officer.

Over the last two weeks the I-Team has revealed concerns over the safety of the weapons and controversy surrounding the testing of those weapons.

We spoke with the A.C.L.U.'s general counsel Scott Greenwood.

He says it's unacceptable that the Taser used on Everette Howard has not been tested, eleven weeks after Howard died. "Within a three month period after there is a Taser proximate death we should have the toxicology on the deceased person, we should have a whole bunch of reports on the use of force. There should be significant reporting by the law enforcement agency that was involved. There should have been, depending on the jurisdiction, a criminal investigation, and the weapon itself should have been thoroughly tested both independently and by the manufacturer...all of that is possible within that timeframe."

Yet, nearly three months later, we still don't have any results and the investigation is being held up as Ohio's Bureau of Criminal Investigations, or B.C.I., figures out where to send that Taser.

Ohio Attorney General Mike Dewine, who oversees B.C.I. told the I-Team the weapon will be sent to Canada for testing, but it's hung up in customs issues.

Greenwood, who is also a master trainer for Taser International and is considered a "use of force expert", says he believes there are plenty of alternatives to shipping the weapon to Canada. "There are about 10 or 12 in the United States that have the technical ability to test the weapons according to the manufacturers standards and they should have done that by now."

Greenwood also tells the I-Team you never want to store a Taser for an extended period of time so that none of the weapon's data is lost or damaged.

We've been asking Hamilton County Prosecutor Joe Deters to respond to these concerns. His office e-mailed us saying they have told B.C.I. "they want their report ASAP".

Can Tasers kill? I-Team asks Taser CEO tough questions

October 27, 2011
Julie O'Neill, wcpo.com i-team

CINCINNATI - The parents of Everette Howard want to know why their son is dead after being Tasered on UC's campus in August and say they don't want any other parent to have to go through what they're dealing with.

The I-Team went to the heart of the Howard investigation to try to find answers to one key question: Can Tasers kill?

The I-Team traveled to Chicago to speak one-on-one with the CEO of Taser International. We also went to Indianapolis to talk with a prominent cardiologist who's come out swinging against the company concerning its warnings.

At the International Association of Chiefs of Police Conference in Chicago, we caught up with Taser International CEO Rick Smith.

Smith showed us Taser's newest weapon for sale, the X-2. Smith explained to us how the X-2 precisely controls the weapon's electrical current.

"This is measuring the electrical charge of every pulse as it comes out of the device," Smith said.

Smith also says the new Taser includes an option for an automatic shutoff.

"You'll hear it for four seconds, it'll sound an alert then it will shut off, so it alerts the officer then it shuts off and they would have to re-trigger the device at that point in time," said Smith.

The safety advances of the new weapon deal directly with the safety concerns over the one used on UC Upward Bound student Everette Howard before he died in August, and used by police agencies across the Tri-State. It's also the same model weapon involved in the most damaging court ruling against Taser International to date.

This past summer, a jury awarded the family of 17-year-old Darryl Turner $10 million, ruling Taser knew its weapon could kill and didn't tell police.

Dr. Douglas Zipes is an electrophysiologist specializing in heart rhythm. He's published hundreds of articles and won numerous awards for his knowledge of clinical cardiology. The cardioverter he invented is keeping former Vice President Dick Cheney's heart ticking.

Dr. Zipes takes issue with Taser's claims that its weapons cannot cause death.

"Taser has said it can't happen with Taser equipment because the pulses are too short, the energy is insufficient and it can't capture the heart," Dr. Zipes said. "That's absolutely, totally wrong."

In March 2008, court records reveal store clerk Darryl Turner was Tasered for 37 seconds, until he fell, and soon dies. So what caused it??

Dr. Zipes says adrenalin may have already spiked Turner's heart rate, but he says the Taser spiked it beyond what it could handle.

Dr. Zipes explained that where the two Taser darts hit is key.

"So the Taser darts need to in some way span part of the heart or be close enough to the heart so that the electricity traveling between the two darts is able to reach the heart itself and capture the heart."

But that's not the only factor.

"One of the important ingredients as to why somebody dies and somebody else doesn't is the duration of the Taser shock," Dr. Zipes added.

We asked Attorney John Burton, who tried the Turner case, if he thought the officer involved in that Tasering believed Tasers could kill. Burton strongly believes he didn't.

"Oh he absolutely did not know that Tasers could kill," Burton said. "He never would have used the device in such a trivial setting had he understood what the real risks were. That's why the jury did what it did."

Taser International has appealed the Turner decision.

The I-Team asked Rick Smith whether he believes Taser was causal in that death.

"Look, we look at that case and that is one case that certainly is one we're concerned about and that's one of the reasons that we do warn, trying to avoid chest shots," Smith said.

Dr. Zipes says it's tough to prove a Taser-caused a death because a dead body doesn't show the presence of electricity.

"I stumble on why did the sudden death occur exactly when the Taser shocks were going into the body. To say that that's not causily-related I think becomes ridiculous," Zipes said.

Smith questioned Dr. Zipes' motives.

"Maybe we shouldn't talk about a plaintiff's expert that's paid $1,200 an hour to testify against the technology," Smith said.

Dr. Zipes made the following recommendations: "I would argue that Taser number 1 should fess up to the fact that it can produce cardiac arrest, number 2 that law enforcement should be educated to this possibility and that they should not use the Taser weapon in a haphazard freewheeling fashion."

The I-Team asked Smith why Taser doesn't err on the side of caution and say in rare circumstances, in the chest a prolonged shot could increase the risk, and tell departments to make sure officers know this possibility exists and be ready to take medical action.

"We absolutely do that in our training, our warnings you can download them from our website," Smith said.

But when the I-Team checked Taser's website, we found the "Summary Conclusion: Do Taser ECD's affect the heart?" states: "There is no reliable published data that proves Taser ECD's negatively affect the heart."

The I-Team also asked Smith whether he recognizes that in rare circumstances the Taser can affect the heart.

"There's no evidence that supports that it affects the heart in humans," Smith said. "There is evidence that it has happened in pigs."

Yet the I-Team found on Taser's liability release form, under "Known and Potential Side Effects," you'll see listed "heart rate, rhythm capture."

Amnesty International tracks deaths after Taserings. Their latest number: 466 deaths have followed Taserings since 2001. But Amnesty also says a number of these deaths have been attributed to other causes, and what 9 News is hearing from doctors and medical examiners is that it's hard to know definitively in a lot of these cases how much of a role the Taser may have played.

NY man dies

Washington Post

October 31, 2011: Chad Brothers, 32, Colonie, New York

Taser pulled in altercation between OPP officers

October 28, 2011
QMI Agency, London Free Press

Nottawasaga OPP say a Taser was pulled during an incident between fellow officers.

On Oct. 14, more than two officers were involved in an "interaction" resulting in a Taser being pulled, but police wouldn't confirm if the weapon was used on officers.

"We're just calling it an interaction right now," said Dave Ross of OPP corporate communications. "I can't say if it was used or not used. I can just say it was unholstered during the interaction."

No injuries were reported, but Ross did say police are taking the incident seriously.

"Our professional standards bureau is conducting an internal investigation into a conducted energy weapon (Taser) being unholstered by one of our members during an interaction with other members in the detachment."

The incident happened while the officers involved were at the Nottawasaga detachment, but names have not yet been released.

"Because they're police service matters, we can't speak to officer's name," Ross said.

Vermont State Police to make revisions to Taser policy

October 22, 2011
Burlington Free Press

The Vermont State Police agreed to change its policy regarding Tasers following an incident with a 23-year-old Northeast Kingdom man with a disability.

The policy revision was prompted by a complaint about using a Taser on the uncooperative man April 6, officials said. The state police also agreed to pay a small financial settlement as part of the complaint filed by Disability Rights Vermont, a protection and advocacy organization.

A.J. Ruben, a supervising attorney for Disability Rights Vermont, declined to release terms of the signed financial settlement, which he acknowledged is public record. Ruben said the family asked him not to release the name of the victim or the settlement amount, which he termed "not large." He said the case was more about getting the state police Taser policy modified for people with disabilities and not about the payment to his client.

The Burlington Free Press filed a public-records request Friday afternoon with the state police Friday afternoon to determine the cost to taxpayers. The request is pending.

Ruben said the policy changes will save taxpayers money by avoiding future incidents.

In a joint statement, state police and rights group outlined the following:

Troopers responded to a home April 6 at the request of developmental services and mental health professionals. The man with disabilities including Down syndrome, was told by care providers that he needed to be taken to a new placement. He refused to get dressed and accompany the caregivers. When troopers arrived, they attempted to escort the man from the home, but he pulled away. Trooper Paul Mosher, who is assigned to the Derby barracks, deployed his Taser. Then the man was helped into his care provider's vehicle, evaluated at the emergency room, released uninjured and transported to the new placement.

Changes to state police policy regarding Tasers includes placing people with cognitive impairments in a category that requires special consideration before use of a Taser, and the devices will be used only if the person is armed and presents a risk of harm, or if there are no other reasonable alternatives to maintaining safety or taking the person into custody.

"We are pleased with the outcome and the spirit of cooperation in working ... to create a policy that will help protect citizens with disabilities, while providing more clearly defined direction for our troopers," Col. Tom L'Esperance, director of the state police, said in a statement.

Ruben said in a statement: "The actions taken by the state police, including the change of policy, are progress in the continuing effort to restrict the use of the Taser against individuals with disabilities for non-threatening disability-related behavior."

Taser testing issue delays death investigation

October 20, 2011
Julie O'Neill, WCPO.com

CINCINNATI - A Channel 9 investigation has found that more than 10 weeks after U.C. Upward Bound student Everette Howard Jr. died after he was tased by police, the Taser X26 used to subdue him has still not been tested for its electrical output.

Howard's family, and their attorney, speaking exclusively with 9 News, say they are outraged to learn of a disturbing gap in the investigation, which is apparently slowing it down, regarding the place... and method of the intended testing.

What police and loved ones of Howard agree on is that his death was both unintentional and tragic and finding out exactly why he died is important to his family, to police, and to anyone who might be hit by a Taser-type weapon in the future.

The weapon made by Taser International is used by authorities across the Tri-State and around the globe as a non-lethal police force option. It fires two probes, which send an electric current into the body to incapacitate a subject.

The Hamilton County Coroner's Office has not yet released a cause of death in the Howard case. 9 News has learned the delay may be because the taser used in the Aug. 6 incident has still not been tested for its electrical output.

Ohio's Bureau of Criminal Investigations (BCI), under Attorney General Mike Dewine, has been charged with finding a lab to test the output. BCI wants to send it to a lab in Canada, but says the process is being stalled by customs issues.

Asked why this weapon needs to be sent outside the country, Attorney General Dewine responded, " The Canadian company has been referred to us by many people and we have checked this out. We believe that they have the expertise to do it."

But 9 News took a closer look at how the Canadian lab will test the weapon and had some serious questions concerning whether this lab will be able to accurately measure how much power came out of the weapon.

The testing procedure protocol the lab would follow states:

"The authors give no warranty or representation of any kind whatsoever that the recommendations contained in this report are comprehensive."

The testing procedure also describes the weapon's waveform as having two parts: the Arc phase (the quick high-voltage phase), and the Main phase (the longer, lower-voltage phase).

To read the entire test procedure, click here.

The people who wrote the protocol state their information will primarily come from the lower energy phase.

Why?

They state that because of potential equipment limitations, "measurements of the peak voltage, peak current and charge of the arc phase may be in error."

9 News discussed the testing concerns with Mike Leonasio of Force Technologies Institute.

Leonasio tests Tasers regularly for law enforcement at his lab in Northern California and was referred to 9 News as an "expert" by a federal agency looking into standardizing the measuring of tasers.

"They specifically talk about some equipment not having the capabilities of measuring that high voltage spike. We don't have that problem," said Leonasio. "The equipment that we utilize has no issues with that whatsoever so we can actually record the entire waveform."

Leonasio says he began testing weapons in response to news reports in Canada three years ago that weapons were failing tests there.

In one case, the Royal Canadian Mounted Patrol pulled hundreds of Tasers after 80 percent reportedly failed tests.

In another case, the Canadian Broadcast Company (CBC) had an accredited lab test 44 X26 Tasers in use at that time by U.S. police officers.

CBC reporter Frederic Zalac reported, "The results revealed that four Tasers delivered higher electrical charges, at times up to 50 percent higher than the manufacturer's specifications."

"I think what they proved was what I've seen as well," said Leonasio, "They showed a significant percentage of devices that were outside of manufacturer's specs."

Taser international challenged the method of testing done for that CBC report.

In fact, at an inquiry into a death in Canada following a tasing, Taser International co-founder Tom Smith testified that the weapons did not need testing.

"The device is calibrated such that it can not output any more power. It's running at 100 percent so we do not recommend testing the output," said Smith.

Leonasio says it's very important to test.

"It's important because we need to know what this weapon is doing. And to kind of put it into context a little bit it's not uncommon for us in law enforcement for us to test equipment. Radar guns are tested on a regular basis, blood alcohol testers are tested on a regular basis," said Leonasio.

In fact, the U.S. has standards concerning the testing of X-ray machines, automatic electronic defibrillators, pacemakers etc., but not tasers.

9 News asked Attorney General Dewine whether he thought there should be some standard way of testing these weapons so that we can be perfectly accurate as to what is released from them and protect people who might be hit by them.

"Well again, what we have to do is go to the best place we can find and that's what we're doing," said Dewine. "The report will stand on its own. If there are exceptions in the report, if there are things where they indicate they could not test, that's something that the prosecuting attorney in Hamilton County, Mr. Deters, and whoever else looks at it in Hamilton County, is going to have to take into consideration. I would just emphasize that the report that this lab does and the testing that this lab does is only part of the whole investigation."

"On behalf of the family, we're impatient," said Attorney Al Gerhardstein, who represents the Howards.

"Any testing that's a waste of time is just that. It's a waste of time. If it's going to delay an answer to these parents it shouldn't be done. The right thing should be done. And if we're this far down the road on Tasers and we still don't know how to test them in order to make sure they're safe for deployment into peaceful civilians then we better get on this as quickly as possible and do more to protect citizens," said Gerhardstein.

"I'm not for taking Tasers off the street. I'm for reform. I'm for training. I'm for safety, honesty, tell the truth," said Travonna Howard, Everette's mother.

The Howards say their son, an award-winning wrestler and captain of his team in high school, was a respectful kid who had a bright future.

"He knew authority, his records, his awards, his community involvement, what he did speaks for itself," said Travonna.

"I just think how we sacrificed and we worked hard to get our son for school and overtime and working days and working nights. We sacrificed because we wanted what we didn't have and what was best for him," said his mother.

Everette actually graduated from the Upward Bound program the night before he died.

On the night he died, a report of a fight on campus brought in U.C. police.

According to U.C. police, Everette ignored a warning to back off, so an officer tased him. The accounts given by police and witnesses of exactly what led up to the tasing are still being investigated.

"Sometimes I'm just broke to think what my son's body went through with that," said Travonna.

There is an effort in the U.S. currently to come up with a standard way of testing tasers.

The "National Institute of Standards and Technology (NIST), Office of Law Enforcement Standards (OLES)" had a meeting in January of this year, during which industry experts weighed in.

NIST refused any comment, only referring 9 News to Leonasio as an expert sitting on its panel.

Leonasio tells 9 News NIST is working on an international standard, but did not say when such a standard for testing the electrical output of Tasers would be released.

Taser International refused comment, and has thus far denied numerous requests for an on camera interview with 9 News.

9 News is continuing its research into all facets of Taser use and the safety concerns surrounding this electroshock weapon.

Maker of Taser stun guns used by Syracuse police reacts to NYCLU report

October 19, 2011
Robert A. Baker / The Post-Standard

Syracuse, NY -- Taser International, the maker of stun guns used by Syracuse police and other police agencies in the state, reacted to several points made by the New York Civil Liberties Union in a report released today on Taser use in the state.

The NYCLU studied Taser-use reports from Syracuse and seven other police departments in the state and found that police departments are “consistently misusing and overusing Tasers” and faults an absence of sound policies, training and guidelines in the use of Tasers.

In a release today, Syracuse police said they have yet to read the report, which became available to the public at 11 a.m. today.

“The Syracuse Police Department will have no comment on this report until we are provided with an official copy of the report and we have had time to thoroughly read and examine the information contained in this report,” the release said.

Taser International, which also had not received a copy of the report, reacted to what was published this morning in The Post-Standard.

One point was on the number of deaths quoted in the report. More than 200 people died after being shocked by Tasers, according a Department of Justice figure quoted in the published report.

Tasers were listed by authorities as the cause or contributing cause in only 12 of those cases, Steve Tuttle, vice president of communication for the Arizona-based manufacturer of stun guns, said today. And of those 12 deaths, the majority were from injuries suffered in a fall after being stunned.

The report said only 15 percent of the incidents reviewed involved a subject who was armed or thought to be armed, which, the NYCLU said, “shatter the illusion that Tasers are primarily used as an alternative to deadly force on armed or otherwise dangerous subjects.

Tuttle said that he was surprised that the number was so high. Nationally, he said, the number is closer to 10 percent. The vast majority of subjects who are hit by Tasers should be unarmed, he said.

“You don’t bring a knife to a gunfight,” Tuttle said. “You don’t replace firearms with Tasers.”

Taser International does not train police departments on the use of the Taser, Tuttle said.

“We don’t train users, we train certified teachers,” Tuttle said.

The departments send officers to train with Taser International to become teachers in their own departments, but Tuttle said.

“It’s up to the police departments to train their officers,” Tuttle said.

Each department may have different standards for defining use of force, which includes when to use a Taser device, he said.

“We can’t teach officers use of force. We are not experts in the use of force,” Tuttle said. “We show them safe operation.”

"If they are suggesting good training and good policies are part of Taser training, they are correct," Tuttle said.

As far as people of color being stunned in greater proportion than white people, Tuttle said that number must be compared to the arrest rate of each community studied.

“Is there a higher proportion being arrested?” he asked. If there is, he said, it stands to reason that a high proportion would be stunned as well.

October 19, 2011
Robert A. Baker / The Post-Standard

Syracuse, NY -- Police in Syracuse and seven other police departments in New York are overusing and misusing Tasers and are inadequately trained in the use of the stun guns, the New York Civil Liberties Union said in a report to be released today.

Officers are using Tasers on people who are not a threat, targeting vulnerable areas of the body, administering excessive numbers of shocks and excessively long shocks, failing to give prior warnings, and using Tasers on vulnerable populations and a disproportionate number of people of color, the report states.

“If you look at Syracuse’s Taser policy, like most of the policies we reviewed, it does not comport with what experts say is appropriate use of Tasers,” Corey Stoughton, the report’s author, said.

The report calls for agencies to expand training beyond Taser International guidelines and for New York state to regulate and monitor Taser training and the use of force policies in departments statewide.

Syracuse Police Chief Frank Fowler declined to comment until he’s had a chance to read the report, which was embargoed until today.

The report, called “Taking Tasers Seriously: The Need for Better Regulation of Stun Guns in New York,” was based on 851 Taser-use reports filed by eight police departments across the state from 2005 to 2009. The departments are Syracuse, Albany, Glens Falls, Greece, Guilderland, Nassau County, Rochester and Saratoga Springs. The report, which The Post-Standard has received a copy of, will be released at 11 a.m. today.

The departments were picked for their size and each department has a liberties union office in the area, a spokeswoman said. The NYCLU also looked at the use-of-force policies and the Taser training procedures in the eight departments as well as the Monroe County Sheriff’s Office and the Suffolk County Police Department.

There are 350 law enforcement agencies that carry Tasers in New York, the report says. Two-hundred people, including a Central New York man, have died after being stunned by a Taser, according a U.S. Department of Justice statistic cited by the report. Tasers deliver up to 50,000 volts of electricity, either from probes that are shot from the gun or by placing the device directly against the skin of the target.

The report cited two Syracuse incident as examples of inappropriate Taser use:

•In 2009, a 15-year-old boy was hit by a Taser probe fired by a Syracuse police officer in an attempt to break up a fight at Fowler High School. The officer was aiming for another student. The NYCLU is representing the boy and his mother in a federal suit against the Syracuse Police Department. The family could not be reached for comment.

•A mentally ill man who was shocked at least a dozen times by three Syracuse officers using Tasers. Charges were never filed against the man, the NYCLU said. The NYCLU report calls the incident “particularly disturbing.”

According to Syracuse Police Department Taser-use reports on the incident, police were called a “mental complaint” Aug. 5, 2006, in the city. The 6-foot 2-inch, 260-pound, 53-year-old man refused officers’ orders to get on the floor. One officer noted that the man was “highly agitated” and “became combative” after a first use of the Taser had no effect. The report does not identify the man or say where the incident took place.

In the reports, the three officers gave their estimates on how many times they each used their Tasers: five to six times, three to six times and four to five times. After the Tasers were used, the man was admitted to a psychiatric hospital, the report states.

Although the advocacy group did not study cases involving the Onondaga Sheriff’s Office and the now-defunct Clay Police Department, incidents involving those agencies are singled out:

•The death in March 2008 of Christopher H. Jackson, who was pronounced dead after he was hit by a Taser used by a Clay police officer inside Jackson’s home in Norstar Apartments in Clay.

•The January 2009 use of a Taser on a mother in the town of Salina by Onondaga County sheriff’s Deputy Sean Andrews after the woman was pulled over in a traffic stop. The deputy pulled the woman from her van and used a Taser on her in front of her children. The incident made national news and the county settled a resulting lawsuit for $75,000.

The two cases were pulled from news stories because they are examples of the points the NYCLU is trying to make, Stoughten said.

In reviewing the Taser-use reports statewide, one statistic stood out, Stoughton said.

“Sixty percent of the reports had not documented information for using the Taser,” said Stoughton, a senior staff attorney with the NYCLU. “That’s crazy.”

Instead of being used as a non-lethal weapon of last resort, “you’re seeing Tasers being used as a pain compliance tool for people who are passively resisting or are restrained,” Stoughton said.

In Syracuse, 56 percent of the people involved in a Taser incident with Syracuse police were black. That is disproportionately high considering blacks make up 25 percent of the city’s population, the NYCLU said.

In Albany, where blacks make up 28 percent of the population, 68 percent of the people who were shocked were black. In Rochester, 48 percent of the people who were shocked were black. Blacks comprise 38 percent of that city’s population.

Each time a Taser is used, departments document the incident in a Taser-use form. While those forms are compiled, the NYCLU found “almost no police departments surveyed” required a review of the data to assess their Taser programs.

The Syracuse and Greece police departments “actively interfere with attempts to provide sufficient information” through the forms they use to report Taser use, the NYCLU said.

The form the Syracuse department uses to report Taser incidences has little room for officers to describe the incident, the NYCLU said. And, when the officers have room, they often neglect to justify why multiple cycles of Tasers on individuals were justified.

The report calls for greater oversight by the state on the use of Tasers and Taser training of police.

Misuse of stun guns is linked directly to inadequate use-of-force policies and inadequate training on the use of Tasers, according to the report. Most departments rely solely on training materials prepared by the manufacturer, Taser International, to train police, the report states.

“The training Taser International provides is, literally, how to operate the weapon,” Stoughton said. “It doesn’t cover appropriate use or the dangers of multiple and prolonged shocks.”

The U.S. Department of Justice and the Police Executive Research Forum both warn departments that they should not rely solely on the Taser training manual, “but it appears that’s what we do in New York State,” Stoughton said.

Police 'convinced' Tasered boy, 11, was dangerous

Apparently it is okay for our police to use a legally-defined LETHAL WEAPON against a child carrying a pen, even if it did look like a knife. And no sanctions on this rookie officer? What if the child had died? Thank God he wasn't wielding a stapler! Another justification comes from the fact that the boy gave the police the finger! That showed 'disrespect for police' apparently, so that is the rationale for using the taser. Oh-- the boy HAD been seen with a knife earlier. Truth be told, after a 40-minute stand-off, the boy was lured out on the porch and the Taser was fired. We have no indication on placement of darts, duration of stun, etc. We just have police investigating police. Again. WVPD Chief Lepine is a former Mountie. This all leans heavily towards the need for the Independent Investigation Office (IIO). When will this civilian-led body be formed?

October 18, 2011
The Canadian Press

WEST VANCOUVER, B.C. — Police were convinced an armed, deaf, 11-year-old was violent and a danger to himself and others when they used a Taser on him following a confrontation last April, a police report has said.

Chief Pete Lepine of the West Vancouver Police Department said in a news release Monday the RCMP officers involved that day faced a dire situation that had little chance of a publicly acceptable outcome.

He noted officers could have declined to use a Taser and risk the situation escalating to the point where the boy harmed himself or others, possibly forcing officers to use lethal force.

Or officers could take the path they ultimately chose: Use the Taser on the boy and deal with the public relations disaster later.

"I can assure all of you that everyone involved in the original incident, as well as the investigation, was fully aware and sensitive to the fact that the police were dealing with a child," Lepine wrote.

"However, ultimately, the boy's age was secondary to the fact that his apprehension was deemed necessary in order to prevent him from causing further grievous bodily harm or death.

"...If the officers had decided not to take overt action to apprehend the child quickly, they would likely have been subjected to harsh criticism for standing idly by while the child harmed himself or someone else."

Lepine was heavily criticized last month for releasing his investigators' independent findings into RCMP actions that day by simply saying the officers were justified in using the device on a child.

He provided no explanation as to why.

On Monday, he said he was releasing a detailed account after consulting with other agencies conducting a review of the incident and also the B.C. Civil Liberties Association, which has been highly critical of RCMP Taser use in the past.

Lepine said police were called to the Prince George residential group home at about 5:30 p.m. April 7 after a report that an adult had been stabbed by an 11-year-old boy.

Officers were told the boy was hearing impaired but that his hearing aids had been damaged in a previous incident.

Before police arrived at the scene, the boy had holed himself up in the large, main residence with a bottle of wine and a knife. He also had access to other weapons, Lepine's report said.

Police were told he was "prone to extremely violent outbursts, during which he exhibited extraordinary strength for his age and size and presented a viable threat to his own safety as well as the safety of adults attempting to manage his outburst," the report said.

Investigators were also told he would not back down from a physical confrontation and could attack officers.

The police who arrived on the scene positioned themselves to watch the boy and quickly determined that a forced entry of the residence wasn't reasonable.

Instead, officers attempted to negotiate with him.

Lepine's report said when the boy appeared at a small second-story window, one of the officers tried to talk to him. The boy opened the window and used a knife to cut out the screen and hung his upper body outside, prompting concern he might fall.

Discussions stopped.

Lepine's report said officers also saw the boy slashing at his sweatshirt and running a knife blade over the palm of his hand and up his arms.

Eventually, the boy asked for some belongings, the report said.

Police left them on the front porch and the boy came to retrieve them -- armed with a knife at all times. He made the sign of a cross, which police had been told was "an indication that things were going to get bad."

The boy came out of the house again to post a note, which officers couldn't read.

At this point, Lepine's report said, investigators concluded that their efforts to de-escalate the situation weren't working and that the boy was increasingly a danger to himself.

"His willingness to engage in violence and use weapons against adults indicated that physical confrontation with the boy would present an extremely high risk to all involved," the report said.

The officers decided to use a Taser if the boy came out again.

The boy was asked to come out and clarify the contents of the note. When he did, he was holding a knife and a Taser was deployed once.

Officers gained physical control of the boy and found he had a pen, not a knife, in his hand.

During the independent investigation of the RCMP's actions, Lepine said West Vancouver investigators sought the opinion of a "recognized subject matter expert" in policing that concluded the officers' decisions were "sound, appropriate to the situation and in keeping with their training and existing policy."

"It was clear to me that the officers involved responded to a dynamic and potentially deadly incident in a measured, appropriate and professional manner," Lepine concluded.

After the boy received the jolt, the boy was taken to hospital for observation and released the next day.

The Commission for Public Complaints Against the RCMP and B.C.'s children's watchdog have launched their own investigations. The RCMP is also conducting an internal review.

Two RCMP officers were placed on administrative leave after the incident, but they returned to their full duties in late June.

Boy, 11, was holding pen, not knife, when Tasered by RCMP

October 18, 2011
Andrea Woo, Vancouver Sun

The 11-year-old boy whom Prince George RCMP hit with a Taser in April was holding a pen, not a knife, at the time, an update on the investigation reveals.

However, the boy did have a knife earlier in the incident and was described as having "extraordinary strength" and being prone to "extremely violent outbursts," the update says.

The details were released on Monday by West Vancouver Police Chief Peter Lepine, who was following up on a promise to release more information on his Sept. 15 decision not to recommend charges against the officers.

"The officers decided that the Conducted Energy Weapon (i.e., the Taser) would be their best force option for resolving the incident as safely as possible," Lepine wrote.

The officers were dispatched to a residential address at 5:30 p.m. on April 7 after a call reporting a man had been stabbed.

A 37-year-old man with a stab wound was taken to hospital with non-life-threatening injuries, while the boy, who allegedly stabbed the man, barricaded himself inside the residence.

Before police arrived, the boy had been seen drinking from a bottle of wine and walking around the residence with a knife, Lepine wrote.

According to information gathered from adult witnesses, the boy:

. Was hearing impaired but without his hearing aids.

. Was prone to "extremely violent outbursts, during which he exhibited extraordinary strength for his age and size."

. "Would not back from physical confrontation with adults and was likely a high risk to attack officers if they approached him suddenly or unexpectedly."

. Would exhibit "warning signs" before violent outbursts, including making "the sign of the cross."

Officers saw the boy slashing his sweatshirt and running a knife blade over the palm of his hand and up and down his arms, Lepine wrote. The boy also gave the officers the middle finger and threw a wine bottle and wine glass out of the window of the residence.

The boy came out of the residence several times, once to gather some personal effects he'd asked for, and again to post a note on the porch wall. It turned out to be illegible when officers tried to read it.

"He kept a knife with him at all times and, while outside on the porch, officers and adult witnesses saw him make 'the sign of the cross' in front of his chest," Lepine wrote.

After 40 minutes, officers felt the boy was growing increasingly frustrated. They decided to intervene before the situation "escalated to the point where lethal force was an appropriate option for the resolution."

When the boy emerged from the residence a third time, "the Taser was deployed in a single cycle and the boy was immobilized long enough for the officers to gain physical control over him and seize what turned out to be not a knife but a pen," Lepine wrote.

"Once the boy was physically secure, officers immediately removed the Taser probes from his back and had him transported to hospital."

Lepine, who also sought the opinion of a use of force expert, determined the officers' actions were appropriate.

"I understand and expect that there will be those who believe that my decision to publicize these details is an attempt to vilify the 11-year-old boy in order to exonerate the police," he wrote.

"I can assure all of you that everyone involved in the original incident, as well as the investigation, was fully aware and sensitive to the fact that the police were dealing with a child. However, ultimately, the boy's age was secondary to the fact that his apprehension was deemed necessary in order to prevent him from causing further grievous bodily harm or death."

David Eby, executive director of the B.C. Civil Liberties Association, which was consulted in the investigation, said he is glad West Vancouver police released more information. But he said the information is "extremely concerning" and means the investigation now must "go to the next level."

"This explanation that the child didn't have his hearing aids, that the child had no weapon at all when he was ultimately Tasered, raises some very serious questions for us and escalates this incident, in our mind, to one that requires the urgent attention of the Commission for Public Complaints Against the RCMP," Eby said.

The officer who deployed the Taser had just 18 months experience with the force. He was placed on administrative leave following the incident.

9th Circuit finds police stun gun use excessive in 2 cases

October 18, 2011
Carol J. Williams, LA Times

Police used excessive force when they fired Tasers at a pregnant woman in Seattle and a victim of domestic abuse in Maui, a federal appeals court ruled Monday in a case that could influence how police handle those resisting arrest across the West.

The ruling by the U.S. 9th Circuit Court of Appeals, sitting in a full 11-judge forum used to decide important questions of law, could prompt police forces to reexamine their rules and practices for the temporarily debilitating stun guns.

In the Seattle case, a seven-months pregnant Malaika Brooks was driving her son to school when she was stopped by police, ticketed for driving 12 miles over the 20-mph speed limit and blasted with a stun gun three times after refusing to sign the citation.

Two years later and thousands of miles away in Maui, Jayzel Mattos was trying to defuse a brewing clash between her drunk husband and four police officers called to a domestic disturbance when one of the officers suddenly dropped her to the floor with two jolts from his Taser, which was set in dart mode.

The federal appeals court ruled that in both instances, police used excessive force and that their actions violated the Constitution's protection from unreasonable force.

While deeming the use of the stun guns in Seattle and Maui excessive, the court said the officers weren't liable in the civil suits filed against them because the law governing Taser use wasn't clearly established at the time of Brooks' 2004 arrest or when Mattos was jolted without warning for what police said was obstructing police at her home in 2006.

But the court's ruling Monday may now serve to establish that using stun guns without an imminent threat of harm is unreasonable, at least in some cases, exposing police officers to liability in future lawsuits, legal analysts said.

Barry McDonald, a constitutional law professor at Pepperdine University, said the 9th Circuit ruling wouldn't be unduly restrictive for law enforcement because the circumstances in the two cases it reviewed were unusual and unlikely to be relevant in most instances when police decide to use stun guns.

"They took some pretty sympathetic factual scenarios to establish this law," said Laurie Levenson, a criminal law professor at Loyola Law School, noting Brooks' advanced pregnancy and the allegedly unprovoked stunning of Mattos.

The ruling should encourage police to better assess the threat level they confront and the severity of the offense for which a citizen is resisting arrest, said Levenson, describing the decision as "certainly not a case where the court says police can't use Tasers."

The Los Angeles Police Department has detailed guidelines for officers on the appropriate use of stun guns and their procedures already comply with the court ruling, said Assistant Chief Sandy Jo MacArthur.

Other regional law enforcement agencies have been refining their stun gun rules after a similar decision last year involving Coronado police in San Diego County.

Monday's ruling could influence the outcome of a lawsuit filed by the parents of a San Bernardino man who died in May. Three officers were accused of shocking him repeatedly with stun guns for 10 minutes. Allen Kephart, 43, was stopped by three sheriff's deputies after he honked his horn at them for turning in front of his car, the lawsuit contends.

Four of the 11 judges dissented in part from the 9th Circuit ruling, including Chief Judge Alex Kozinski, who expressed concern that restricting the use of non-lethal force with Tasers could result in police resorting to more dangerous means to subdue those resisting arrest.

In the last decade, Kozinski said, half a million police officers were assaulted in the line of duty and 536 were killed, "the vast majority while performing routine law enforcement tasks like conducting traffic stops and responding to domestic disturbance calls."

Two of the dissenters disagreed that Brooks' constitutional rights were violated, saying she brought the action on herself by repeatedly refusing to sign the traffic citation or to get out of her car when police tried to arrest her.

"There are only so many ways that a person can be extracted from a vehicle against her will, and none of them is pretty. Fists, batons, choke holds, dogs, tear gas, and chemical spray all carry their own risks to suspects and officers alike," wrote Judges Barry G. Silverman and Richard R. Clifton.

BC moves to distance police-Crown relations

October 12, 2011
Dirk Meissner, The Canadian Press

The death of a Vancouver man who was left intoxicated and alone in a frigid alley by police 13 years ago has the British Columbia government moving to put some distance between Crown prosecutors and police when it comes to assessing criminal charges against officers.

Attorney General Shirley Bond said Wednesday the Criminal Justice Branch will no longer allow Crown prosecutors to investigate allegations against police in the same jurisdiction. The branch will instead use special prosecutors.

The change is a key recommendation from an inquiry conducted by Judge William Davies that examined the death of Frank Paul in December 1998. The aboriginal man was dumped by police in an alley, drunk and soaking wet, leaving him to die of exposure.

No police officers were ever charged in the case, which saw Davies conclude last June that "broader measures need to be taken to ensure the public's confidence in charging decisions that affect police officers."

Davies found that prosecutors conducted themselves with integrity when deciding no charges should be laid. But he was concerned about the perception of preferential treatment by the Crown when assessing police-related cases.

Bond said police accountability is a prominent public issue in B.C. She cited not only the recommendations from the public inquiry into Paul's death, but also the inquiries into the RCMP-connected death of Polish immigrant Robert Dziekanski and police work related to capturing serial killer Robert Pickton.

"I would certainly want to believe that we've learned enough lessons through the circumstances of both the Frank Paul case and the Dziekanski case, and the missing and murdered women (inquiry)," she said. "In fact, there have been enough circumstances in our province that we have learned lessons from."

Bond said the changes to the way investigations involving allegations against police officers will be handled in the future indicates the government is serious about Davies' recommendations. She said the Liberals want to ensure the public is confident police officers are not above the law.

Another of Davies' recommendations -- for an independent civilian-led body to conduct investigations in police-involved incidents -- was announced after the inquiry into the death of Dziekanski. The man died after her was stunned by an RCMP Taser at Vancouver's airport.

Bond said the government is planning to introduce the newly-appointed head of the civilian police investigation body by the end of this year, and expects the new office to be functioning by next June.

Criminal Justice Branch spokesman Neil MacKenzie said investigations involving police officers are already being handled by his department while the new policies and procedures are being drafted.

"The intention of the branch is to have the policy changes in place by the end of this year," he said.

The government plans to implement several other recommendations from the Davies' inquiry. They include sending automatic alerts to Crown officials if it takes longer than 30 days to make a charge assessment, and improving the system for notifying family members about the progress of charge assessments and the decisions.

California man dies after police taser him

October 9, 2011: Darnell Hutchinson, 32, San Leandro, California

RCMP cut Taser use, but are dragging feet on many recommendations, report finds

October 7, 2011
Robert Hiltz, Postmedia News

OTTAWA — Canada's national police force has reduced the use of controversial Taser stun guns significantly in the past three years, according to the RCMP complaints commission's annual report.

In the report released Friday, the Commission for Public Complaints Against the RCMP was optimistic about the use of Tasers since the commission released its 2009 report — made public in June 2010 — on the use of the stun guns.

The CPC said it is satisfied with the RCMP's progress in response to a report on the death of Robert Dziekanski, who died in 2007 after being Tasered and restrained by four RCMP officers at Vancouver International Airport.

The commission also found that the RCMP is moving toward clearer policy regarding the use of the stun guns and has implemented a higher threshold for their use.

However, in the report, the interim chair of the CPC criticizes the national police force's commissioner for "extensive delays" responding to recommendations. Ian McPhail says that just over half of the notices from the RCMP commissioner have been delayed by "more than six months", while another two have been delayed for more than a year.

"In performing its work, the commission continues to be guided by the tenet that in order to be effective, review must be timely," McPhail writes. "I remain concerned that extensive delays in the response of the RCMP Commissioner to the commission's recommendations continue to occur."

Complaints commission figures show that 39 notices submitted to the head of the RCMP are still outstanding. Twenty of those have received no reply from the commissioner for an average of more than eight months.

"While the RCMP made a significant effort to clear its backlog in 2009, the backlog returned and has continued to grow this year. Although the CPC received 38 commissioner's notices from the RCMP, most were in response to interim reports sent to the RCMP in the previous fiscal year," the report states.

"The CPC's concern regarding the delay in the provision of commissioner's notices continues to grow, as these delays threaten the integrity of the public complaint process."

The watchdog is unable to complete its reports, or provide them to the complainant or RCMP member, until it receives a notice from the commissioner.

The documents also say external police investigations into serious incidents involving RCMP officers have begun quickly in the wake of a previous CPC report.

McPhail says the CPC's role is integral to keeping the RCMP accountable to the public and urges that the government reintroduce a bill that would create a new complaints and review commission with expanded powers. A new mandate is necessary, the interim commissioner says, because greater oversight is "widely accepted as essential" and the new review body needs stability to effectively carry out its duties.

The bill to create a new commission died when the 2011 federal election was called.

Justice for Victims of Police Killings Coalition

Please see the event being organized for the second year in Montreal with families of people killed by police.

Organized by the Justice for Victims of Police Killings Coalition comprised of the family, friends and allies of Anas Bennis, Claudio Castagnetta, Ben Matson, Quilem Registre, Gladys Tolley & Fredy Villaneuva.

Justice Pour les Victimes de Bavures Policières /// Justice for the Victims of Police Killings

EDITORIAL: Torn from the Front Page: Deaths after Tasers demand strict policies on the weapons' use

October 6, 2011
The Saginaw News

The deaths of two people in police custody in Michigan late last month is enough to convince us that police agencies need far more strict policies on the use of Tasers to electrically stun suspects into submission.

The most recent was in Mount Pleasant, where a 35-year-old man from East Orange, N.J., was found dead Sept. 24 in the Isabella County Jail about an hour after his arrival following a scuffle with police and repeated use of a Taser on him.

An autopsy has been completed, and the results expected in the coming weeks.

What’s not clear in this case, nor in the death of a 27-year-old Warren man on Sept. 17 after Warren police used a Taser on him, is whether the weapon caused these deaths, contributed to them or was not a factor.

State police are investigating in the Mount Pleasant case; Warren police also called for an outside agency to probe the incident there.

What is clear is that Tasers are getting a bad reputation in connection with the deaths of a very few of the many unruly people they are used to subdue.

One shot with the electric probes of a Taser, and most people fall to the ground and convulse helplessly. In most cases, the suspects recover quickly after the electric jolt ends.

That’s the scenario that police likely expect when they substitute a “less lethal” Taser for a firearm, a police baton or pepper spray.

But one death after use of a Taser is one too many, much less two in Michigan on consecutive weekends.

The Taser absolutely is a weapon that is less lethal than a police firearm.

But its use should be reserved as a substitute for situations that call for police to respond with deadly force. If police guidelines call for an officer to use a firearm, then a Taser should be considered an acceptable alternative.

Otherwise, Tasers should remain holstered.

Their use in less-than-life-or-death situations gives police a black eye in the public mind, especially when more than one officer is present.

In the Mount Pleasant case, three police officers and several bar bouncers wrestled with the New Jersey man in an effort to get handcuffs on him. The bouncers called police after the man was accused of grabbing women in the bar.

What ensued outside the bar was an evidently mighty struggle to get the man under control, according to newspaper reports in the Mount Pleasant Morning Sun.

A Taser was used several times on the man, who continued to struggle with police even after he got to the county jail.

Police departments have begun using the devices to save both the public and officers from injury. Police don’t have to physically mix it up with unruly suspects, and people fighting or fleeing police don’t face the harm they might from bullets or police batons.

Yet, we see Tasers used by police on suspects who may present little threat. In Burton late last month, an officer fired one at a woman fleeing a bank after trying to pass a bad check. The device’s barbs didn’t penetrate her jacket, and she surrendered without a struggle when police caught up with her.

Tasers in Michigan have been used on a 15-year-old Bay City teen who died, on an 80-year-old Isabella County man and to arrest a naked man running around outside in February.

Those are the kinds of cases that cry out for better policies for police use of the electrical stun devices.

As is any death of a person in the hours following use of a Taser.

Even years after their introduction in the police arsenal, and after various studies, the jury is still out on why some people have died after they were shocked with a Taser.

That unknown alone is reason enough to limit the weapon’s use to life-or-death situations.

If a scenario calls for the use of deadly force, let a Taser be the “safer” option available to officers.

Otherwise, keep them holstered.

Winnipeg police on lookout for missing taser

RT @winnipegpolice LOST 5 #taser cartridges in 2010 and they've lost 3 so far this year. Now, they've lost a complete TASER!!

October 6, 2011
Winnipeg Free Press

WINNIPEG police are hoping the right hands -- not the wrong hands -- find a missing Taser.


Spokesman Const. Jason Michalyshen said on Wednesday that for the first time in Winnipeg a complete Taser unit, holstered and attached to an officer's service duty belt, is missing after apparently falling off somewhere in the northwest quadrant of the city.

"This is a very serious concern for us," Michalyshen said. "If it gets into the wrong hands or is misused it can cause serious injury... It's unfortunate it did disappear."

Up until now, only the spare cartridge from a Taser had ever fallen off an officer's belt.

Michalyshen said police are also hoping to get back the entire unit to help figure out why it dropped off the officer's belt. He said the Taser holster is different than a sidearm holster, but he wouldn't get into details about officer equipment.

Michalyshen said all they know is the Taser disappeared sometime around midnight on Tuesday night and the officer didn't realize it was gone until near the end of his shift.

Police ask anyone who finds the device to contact them immediately.

B.C. won't hold inquest into death of Robert Dziekanski

October 6, 2011
CTV News

VICTORIA — There will be no inquest into the death of Robert Dziekanski, who died after being stunned multiple times by a Taser during a confrontation with Mounties at Vancouver International Airport in October of 2007.

Chief B.C. Coroner Lisa Lapointe says her office had planned to hold an inquest after the police investigation was complete, but now she says it's not in the public interest because a full public inquiry has been held into the case.

However, a coroner's report on the death will still be released to the public.

Retired B.C. Appeal Court Justice Thomas Braidwood conducted a two-part inquiry into the case, reviewing the death of Dziekanski and the use of stun guns in general.

In his final report, Braidwood rejected the testimony of the four Mounties involved, who said they felt threatened by Dziekanski, ruling they could not have believed he posed a danger to anybody.

The Mounties have since been charged with perjury.

Missouri man dies

October 4, 2011: Glenn D. Norman, 46, Osage Beach, Missouri