American Heart Association publishes study claiming Tasers can be cause of death

April 30, 2012
Julie O'Neill, WCPO

CINCINNATI - An article just published by the American Heart Association's premier journal, "Circulation," presents the first ever scientific, peer-reviewed evidence that Tasers can cause cardiac arrest and death.

The article, written by Electrophysiologist Dr. Douglas Zipes of Indiana University, is already generating a buzz among cardiologists in the Cincinnati area, according to Dr. Terri Stewart-Dehner, a cardiologist at Christ Hospital.

"Anyone in cardiology has heard of Dr. Zipes. He is very well respected," said Dr. Stewart-Dehner.
Stewart-Dehner said any article published in "Circulation" has great significance and will be taken very seriously by cardiologists around the world.

"Peer reviewed is a big deal," said Stewart-Dehner. "It means the article goes through a committee just for consideration into the journal. Then cardiologists review the validity of the research; it means it's a reputable article."

The conclusions of Dr. Zipes' article, which looks at eight cases involving the TASER X26 ECD states: "ECD stimulation can cause cardiac electric capture and provoke cardiac arrest resulting from ventricular tachycardia/ventricular fibrillation. After prolonged ventricular tachycardia/ventricular fibrillation without resuscitation, asystole develops."

To view the abstract of the article, click here or go to http://circ.ahajournals.org/content/early/recent.

Speaking on behalf of the American Heart Association, Dr. Michael Sayre with Ohio State Emergency Medicine, said, "Dr. Zipes' work is very well respected. It's a credible report. It's a reminder to police officers and others who are using these tools that they need to know how to do CPR and know how to use an AED."

Dr. Zipes has been discounted by the manufacturer of the Taser, Taser International, because he has been paid to testify against the weapon, but Dr. Zipes says the fact that his research has withstood the rigorous process of review by other well-respected cardiologists and was published in this prestigious journal proves his case.

"It is absolutely unequivocal based on my understanding of how electricity works on the heart, based on good animal data and based on numerous clinical situations that the Taser unquestionably can produce sudden cardiac arrest and death," said Dr. Zipes.

Dr. Zipes says he wrote the article, not to condemn the weapon, but to properly warn police officers of its potential to kill so that they can make good policies and decisions as to the proper use of the weapon, and so that they will be attentive to the possible need for medical care following a Taser stun.

The Taser, used by law enforcement agencies across the Tri-State and by some 16,000 law enforcement agencies around the world, was marketed as non-lethal. Since 2001, more than 500 people have died following Taser stuns according to Amnesty International, which said in February that stricter guidelines for its use were "imperative."

In only a few dozen of those cases have medical examiners ruled the Taser contributed to the death.
It was nearly nine months ago 18-year-old Everette Howard of North College Hill died after police used a Taser on him on the University of Cincinnati's campus.

The Hamilton County Coroner's Office has still not released a "cause of death," but the preliminary autopsy results seemed to rule out everything but the Taser. The office is now waiting for results from a heart specialist brought in to review slides of Howard's heart.

The late Coroner Anant Bhati told 9 News in an exclusive interview before he died in February that he had "great respect" for Dr. Zipes and that he too believed the Taser could cause cardiac arrest. He said he just wasn't ready to say that it caused Everette Howard's death until a heart specialist weighed in on the investigation.

Dr. Bhati also agreed with Dr. Zipes that the weapon should come under government supervision and be tested for its electrical output regularly.

Taser International has said that because the Taser uses compressed Nitrogen instead of gun powder to fire its darts, it is not regulated and testing of the weapon is not legally required.

The company also says the Taser fires two darts, which enter a subject's skin and send electricity into the body in order to incapacitate the subject so that officers can get a subject into custody without a physical fight.

Research shows the Taser has saved lives and reduced injuries among officers.

Taser International has changed its safety warnings over the years.

An I-Team report in October showed that Taser International's website stated in its summary conclusion on cardiac safety, "There is no reliable published data that proves Taser ECDs (Tasers) negatively affect the heart."

With the publication of Dr. Zipes' article, Dr. Stewart-Dehner says it can be argued that statement is no longer the case.

The new statement on Taser International's website quotes a May Department of Justice study on deaths following Taser stuns. It states, "While exposure to Conducted Energy Devices (CEDs) is not risk free, there is no conclusive medical evidence that indicates a high risk of serious injury or death from the direct effects of CED's (Tasers)."

Here is Taser International's complete response to Dr. Zipes' article:

While our medical advisors haven’t had a chance to review the details, it is noteworthy that the sole author, Dr. Douglas Zipes, has earned more than $500,000 in fees at $1,200 per hour as a plaintiff’s expert witness against TASER and police. Clearly Dr. Zipes has a strong financial bias based on his career as an expert witness, which might help explain why he disagrees with the findings of independent medical examiners with no pecuniary interest in these cases as well as the U.S. Department of Justice’s independent study that concluded, "There is currently no medical evidence that CEDs pose a significant risk for induced cardiac dysrhythmia in humans when deployed reasonably" and "The risks of cardiac arrhythmias or death remain low and make CEDs more favorable than other weapons."

Steve Tuttle
Vice President of Communications

EIGHT (8!!) people have died since April 10th!

718. April 10, 2012: Bobby Louis Merrill III, 38, Saginaw, Michigan
719. April 13, 2012: Marland Anderson, 39, Los Angeles, California
720. April 13, 2012: Jeff Oatway, 34, Edmonton, Alberta
721. April 13, 2012: Joe Faltesek, 41, Houston, Texas
722. April 13, 2012: George Salgado, 21, Miami, Florida
723. April 21, 2012: Angel Hiraldo, 48, Meriden, Connecticut
724. April 23, 2012: Bruce Chrestensen, 52, Grass Valley, California
725. April 25, 2012: Kevin Benglan, 26, Pocatello, Idaho

California man dies

724. April 23, 2012: Bruce Chrestensen, 52, Grass Valley, California

Toronto police call for public debate/broader public discussion on arming more officers with Tasers

April 20, 2012
Natalie Alcoba, Postmedia News

TORONTO — Toronto police Chief Bill Blair is calling for a public debate about equipping officers responding to situations involving emotionally disturbed people with Tasers.

The chief made his comments following a police services board meeting Thursday in which residents, activists and people who have suffered from mental illnesses pleaded for changes to the way officers handle such incidents.

The death of Michael Eligon, who was shot by Toronto police after leaving the psychiatric ward of Toronto East General Hospital, has roused public outrage — to the point where one physician said she will now think twice about calling officers for someone in an agitated state.

Eligon, 29, was carrying two pairs of scissors at the time of the shooting in February.

"I can't say with some certainty — or any certainty — that Taser was the answer (in the Eligon case), I don't know," Blair said. "But I think it's worthwhile to have the broader public discussion about the use of conductive energy devices" or any technology that "would enable us to resolve these very difficult, very dangerous situations, as safely as possible."

Peter Cuthbert, executive director of the Canadian Association of Chiefs of Police, said he's in favour of such a debate taking place.

"The CACP would welcome the opportunity to participate in that discussion," he said.

Cuthbert declined to comment on the operational policy of a specific police force, and said the organization would have its committee debate the issue before going public with a position on the matter.

In Toronto, only tactical officers and supervisors are equipped with Tasers. Cuthbert said the policy is similar for most police forces across the country.

An investigation into the death of Eligon, who had been roaming the neighbourhood in a hospital gown, socks and a toque, cleared the officer of any wrongdoing, but a coroner's inquest has since been called.

Police reported that of the two million calls officers responded to last year, 17,000 were for emotionally distressed people.

In all, 6,664 people were apprehended under the Mental Health Act.

The topic of Tasers did not come up during Thursday's board meeting. Speakers mainly called on Toronto police to move away from a "control" approach to one that "de-escalates" the situation and demanded better training.

Former Toronto mayor John Sewell, head of the Toronto Police Accountability Coalition, also urged police to expand its mobile crisis intervention teams, which pair nurses with police, so that they operate 24 hours a day, seven days a week, instead of just part-time and in select divisions.

"Toronto police need to pay more than just lip service to de-escalation," said Douglas Pritchard, a witness to the shooting of Eligon, who has joined a group called Never Again. "Why are people still dying in Toronto for lack of appropriate crisis response?"

The board asked Blair to report back on recommendations by a mental-health subcommittee, and to review procedures used to respond to incidents involving the mentally ill.

Four people died on Friday the 13th, three American, one Canadian

719. April 13, 2012: Marland Anderson, 39, Los Angeles, California
720. April 13, 2012: Jeff Oatway, 34, Edmonton, Alberta
721. April 13, 2012: Joe Faltesek, 41, Houston, Texas
722. April 13, 2012: George Salgado, 21, Miami, Florida

Inadequate reporting on the actions that lead to taser tragedies

Food for thought from a Concerned Canadian:

Up to 721 taser-related deaths?!  As sad as that is, there has been some positive progress in awareness and responsibility on the West Coast.  The Vancouver Police Department has fewer officers than ever signing up for Taser training. Perhaps they've read the long list of risks & warnings on the volunteer waiver?  It is anecdotal, but in Vancouver rank & file officers are rarely seen carrying them now. 

The Edmonton death will be interesting to watch.  The police there are already saying they believe the man  was on a "substance".  Yet he'd been in custody, awaiting a bail hearing. How was he able to imbibe, if he was in a supposedly secure jail?  By mentioning a 'substance" to the media, it is very much like Dziekanski and many other such deaths.  Villify the victim.

It is true no one - outside of the investigators and the involved officers - knows exactly what happened.  There were security cameras, so hopefully there will be some visual evidence. 

Also the Edmonton reporters have failed to ask CRUCIAL questions such as:

How many stuns?
Duration of stuns?
Number of weapons used?
What mode of use- drive stun or probe mode?
Where on the body were the shocks delivered?

Edmonton police don’t seem to be on top of recent rulings in the U-S courts, where the Taser is now considered a ‘deadly weapon’.  The manufacturer lost a significant product liability case (Turner in Charlotte, NC), where the jury found Taser International failed to warn about the risk of chest shots for nearly fours years, after health risks were discovered by their own scientists.  This is a far cry from what the company crowed about in the beginning, when its senior managers said Tasers are “safe to use on any assailant.”   Police have got to ask themselves whether they want to risk using a potentially lethal weapon as a compliance tool. 

This is made all the worse because no one in law enforcement anywhere is measuring Tasers for ‘output variance’, yet the few tests that have been done have revealed that not all Tasers perform the same way.  Despite what the company claimed early on, the current being emitted from Tasers is NOT uniform.  This poses risks to both the public and the police. 

Even more concerning, there is still no independent standard of measurment developed for Conducted Energy Weapons; the National Institute of Standards & Technology (NIST) AND the International Electrotechnical Commission (IEC) are collaborating to create a scientifically valid test protocol.  As it stands now-- and it is difficult to fathom --  there is still NO electrical safety standard developed to measure invasive shocks. 

Concerned Canadian

Houston man dies after he’s shocked with a taser

THREE people died after they were tasered on Friday the 13th of April 2012, including Joe Faltesek, 41, Houston, Texas

Edmonton man dies

April 13, 2012
Calgary Herald

http://www.calgaryherald.com/Tasered+police+dies+Edmonton+hospital/6459321/story.html

A man who was struck with a Taser while in Edmonton police custody earlier this week died in hospital Friday, his mother says.

Simone Oatway told Global News on Friday that her son, Jeff, had serious mental health problems for most of his life, and struggled with drug and alcohol addiction.

The 34-year-old was struck with a Taser at least once in the basement of the downtown police station on Wednesday afternoon.

According to Edmonton Police Association president Tony Simioni, Oatway was being transferred from his cell to a holding area to await a bail hearing at the time.

He had been in the custody of one female police officer and two civilian safety officers when he became violent, Simioni said.

"It was sudden, unexpected and violent as hell," said Simioni. "In a pre-Taser world, in that kind of serious circumstance, when a person is that out of control and there is that much apparent strength, the first option would have been your gun."

Simioni said at least 12 police officers tried to restrain Oatway.

The Taser, he said, didn't seem to have much initial impact on the man.

"The medical episode took place after the Taser was deployed. When the Taser was deployed, it had no effect, none. The Taser did not get this person under control. It was not effective. He fought on."
An ambulance was called and officers made efforts to resuscitate Oatway.

Edmonton police spokeswoman Clair Seyler said no new information is being released about the incident, which now has been handed over to Alberta's Serious Incident Response Team for investigation.

Simioni has described the incident as "a massive struggle" that left a path of destruction through the area.

Speaking to Global News, Simone Oatway said her son's life was troubled and he had bounced between jail and the streets.

"I know he probably was very violent and was out of his mind, but couldn't there have been another way without Tasering him?" she said.

California man dies

April 13, 2012: Marland Anderson, 39, Los Angeles, California

Man in coma after tasering at Edmonton police headquarters: media report

April 12, 2012
Globe and Mail

An Edmonton radio station is reporting that a man is in a coma and on life support after he was hit with a charge from a Taser gun during a struggle with police.

The station (CHED) says the man was being held at the downtown police headquarters awaiting a bail hearing Wednesday when he reportedly jumped a counter in the prisoner processing area.

He fought with a peace officer and an Edmonton police member before more than a dozen police officers responded to a panic alarm.

The report says the man, who is in his 30s, stopped breathing and had no detectable heartbeat after the electronic stun gun was used on him when he could not be subdued.

Officers worked to resuscitate the prisoner until emergency medical personnel arrived.

Homicide detectives are investigating and the Alberta Serious Incident Response Team has been notified.

Michigan man dies after police taser him

April 10, 2012: Bobby Louis Merrill III, 38, Saginaw, MI

Same video analyst (former Vancouver cop) worked on Robert Dziekanski and Spokane Otto Zehm police perjury deaths

Former Vancouver police officer Grant Fredericks has become an “expert” in analysing police videos.

His website description says:

“Grant is a former police officer and coordinator of the Vancouver Police Forensic Video Unit in Canada. He is an adjunct instructor of Forensic Video Analysis at the National Digital Multimedia Evidence Processing Lab at the University of Indianapolis and is a contract instructor at the FBI National Academy in Quantico, VA..”  http://www.forensicvideoexpert.com/

In the Robert Dziekanski case, he was brought in by counsel for  Constable Bentley and testified in the Braidwood case that Dziekanski moved toward the officers. His qualification to make this conclusion was shown to be very weak and although he descibed it as “photogrammetry” he was merely counting pixels. He didn’t come out of the Braidwood testimony well:

http://www.braidwoodinquiry.ca/hearings_transcripts/BraidwoodHearingsMay25-09.pdf

Braidwood’s conclusions are listed in this Georgia Strait article:

http://www.straight.com/article-489316/vancouver/did-police-chief-jim-chu-roll-dice-choosing-former-vancouver-cop-analyze-riot-evidence

Otto Zehm:   Now he is shown under questionable circumstances in Spokane’s Otto Zehm killing in 2006:

http://www.spokesman.com/stories/2012/apr/08/transcripts-reveal-officers-were-given-three-days/

Video expert paid by city, working for feds

More arguments are expected April 16 as attorneys for Thompson continue to press U.S. District Court Judge Fred Van Sickle to grant the decorated former police officer a new trial.

Van Sickle indefinitely postponed Thompson’s Jan. 27 sentencing after the judge was contacted in December by forensic video expert Grant Fredericks, who claimed that federal prosecutors misrepresented the conclusions he would have expressed had he been called to testify at Thompson’s trial.

In response, Assistant U.S. Attorney Aine Ahmed has filed reams of documents and grand jury transcripts that refute Fredericks’ claims. The documents also show Fredericks wasn’t truthful about how he was brought into the investigation.

Fredericks, as late as last month, said under oath that he was first contacted by a county prosecutor to analyze the convenience store’s surveillance video. But emails from 2006 show Fredericks first contacted a Spokane police officer and offered his services in “helping” show that Zehm was using a 2-liter Diet Pepsi bottle as a weapon.

The allegations against Fredericks, who did not immediately return a phone call seeking comment, include providing “patent inaccuracies or inconsistencies” in two previous cases where Fredericks – a former Vancouver, B.C., police officer – provided testimony in defense of other officers’ actions. In one of those cases, four Canadian officers now face perjury charges based on assertions put forth by Fredericks.

The documents also, for the first time, show Fredericks was billing Treppiedi, the assistant city attorney, even after Fredericks completed his work for the city and started meeting with federal officials.

Because of a backlog of cases at the FBI lab in Quantico, Va., federal prosecutors hired Fredericks to do a second video analysis, where he changed many of the assertions he provided the city. Federal prosecutors later found out that much of the work Fredericks did for the FBI was being funneled back to Treppiedi.

Winnipeg police officer loses ANOTHER!!!! taser cartridge

Winnipeg Police LOST 5 taser cartridges in 2010.  In 2011, they lost three AND a complete taser.  Now, they've lost another cartridge:


April 9, 2012
Winnipeg Free Press


City police officer loses taser cartridge


WINNIPEG -- City police are asking for the public’s help in locating a taser cartridge that became dislodged from an officer’s service belt on Sunday in St. James.

The taser itself was not lost but the cartridge contain probes on wires which extend when the device is discharged.

Police warn that the cartridge could pose a risk if it was picked up by an unsuspecting person and carried in a pocket.

"A build-up of static energy could activate the cartridge, causing the probes to be propelled," police said in a statement.

Anybody who finds the cartridge is asked to contact police at 986-6222.

Comment on RT website (maybe) from Steve Tuttle of Taser International

The following comment was posted under the name Steve Tuttle (who, if he indeed wrote this, is the Vice President of Communications at Taser International), in response to:  RT’s apology to Taser International - the killer of 500 Americans, according to Amnesty International

This isn't my first rodeo RT, but if you call that a retraction you may want to use the word sandbag instead. Your RT TV America producer contacted me before this retraction came out to go on air after you stated that a man was killed by a TASER. Turns out he was shot by bullets.


A retraction after unbelievable amounts of RTs to your Tweet was certainly good to hear but I doubted it would be so interesting to read. You put it this as if, Oh we were wrong but as it turns out "the killer of 500 Americans, according to Amnesty International."


Turns out RT is wrong once again. Is that what Amnesty really put on record? When I read AI's report, it states clearly, "Most of the deaths have been attributed to other causes. However, medical examiners have listed Tasers as a cause or contributing factor in more than 60 deaths, and in a number of other cases the exact cause of death is unknown."


Anyone see 500 deaths caused or contributed to the TASER in AI's report?


Check your facts here: http://www.amnesty.org/en/news/usa-stricter-limits-urged-deaths-following-police-taser-use-reach-500-2012-02-15


If you mess up, you fess up. However, that just seems to be yet another reason to mess up here. Not one ounce of professional journalism in that retraction.


So it seems that once again, RT is in need of yet another correction. I tried to speak with the writer after speaking with the producer of RT TV America. So far, my phone is ringing and whoever wrote it doesn't have a voicemail.


While we may disagree, at least get the fact straight.

RT’s apology to Taser International - the killer of 500 Americans, according to Amnesty International

RT (formerly known as Russia Today)
April 6, 2012

In regards to our recent report on Kenneth Chamberlain, a 68-year-old retired US Marine killed by police officers in his home, RT would like to extend our apologies to Taser International and offer clarification to our readers.

In our article published April 5, “NY cops break into Marine vet's home and Taser him to death,” RT was imprecise in our wording of the story’s headline and would like to formally offer our apologies to Taser, the manufacturer of the electroshock guns used by law enforcement across the country and, unfortunately, also on the late Mr. Chamberlain. We have appropriately retitled our original article.

In addition to saying we are sorry to Taser, who we cannot blame directly in the death of the vet, we would like to clarify that, although the cause of death has not been made available to us, it was incorrect on our part to summarize the story as we did in our original headline. We cannot, with certainty, say that the elderly retired correctional officer that suffered from a heart condition died from injuries suffered as police officers attacked him with a Taser gun. While Mr. Chamberlain did pass away shortly after law enforcement used Taser guns on him, those same officers also fired “nonlethal” beanbag projectiles from a shotgun and used live ammunition on the man before he was transported to an area hospital only to die in front of his family.

"The last time I actually really saw my father, other than the funeral, was at the hospital, with his eyes wide open, his tongue hanging out his mouth, and two bullet holes in his chest," his son, Kenneth Chamberlain, Jr., tells Democracy Now.

According to law enforcement accounts, police were dispatched to Chamberlain’s White Plains, New York house last year after he triggered his medical alert pendant. After Mr. Chamberlain failed to respond to calls from LifeAid, the medical alert company, police were sent to his home to check on his health. Chamberlain then greeted them at the door, told them he was alright and refused them entry to his home. Unwilling to take his word, however, police officers demanded they be allowed admittance, but not before eventually removing the door to his home and firing shots at him as he stood in his underwear, arms akimbo.

Audio recorded on the scene allegedly reveals Chamberlain telling the officers, "I’m OK. I didn’t call you. Why are you doing this to me? Please leave me alone,” then warning them, "I’m a 68-year-old man with a heart condition.”

The tape, which has not been made public but has been circulated to attorneys and those close to the matter, also allegedly contains an audio testimony made by Chamberlain in which he says, “I know what you’re going to do. You’re going to come in here, and you’re going to kill me."

Kenneth Chamberlain, Jr. adds that officers respond to his father’s plea by saying, "Why would you think that? We’re not going to do that."

"Yes, you are. You have your guns out. Why do you have your guns out? Oh, you have a shield,” the late Mr. Chamberlain allegedly replies in the recording.

The younger Chamberlain also says cops called his father a “nigger” and mocked his military career.
If all goes as planned, a grand jury will begin an investigation into the case later this year and establish whether or not the law officers sent to check on the elderly man’s health were justified in using their Tasers to attempt to incapacitate the man before shooting him to death. His attorney seems certain that the police was in the wrong, though.

“To use a Taser, which is going to send significant electricity through that person’s body, would be, at best, reckless. And that alone could cause his death” attorney Mayo Bartlett tells Democracy Now. “And the thing that’s extremely troubling to me is that, again, the police were not there to respond to criminal activity. They went to the gentleman’s house at 5:00 in the morning to give him assistance. The only reason that he had the LifeAid pendant to begin with was so that his family and that he would be comfortable that if something was to occur, he would be able to get assistance.”

“The first thing they did, as soon as that door was finally broken off the hinges, you could see the taser light up, and it was charged, and you could see it going directly toward him. Now that was 100 percent unnecessary,” adds Bartlett.

In responding to RT’s original article, a representative for Taser International insists that although “Mr. Chamberlain was shot twice with a firearm,” reports filed suggest that the electroshock gun used was “ineffective.” It has yet to be clarified as to if the weapon was discharged improperly, if did not have the desired effect on the man or what, in fact, was ineffective of it, but we would like to state, for the record, that we are sorry if our article misconstrued the facts of the story.

RT understands that Taser International would be upset by our inaccurate reporting, especially after being responsible for so many other deaths in the past. After all, it was only earlier this year that Amnesty International reported that, in only one decade, at least 500 people in America alone had been killed as a result of Taser blasts.

“Of the hundreds who have died following police use of Tasers in the USA, dozens and possibly scores of deaths can be traced to unnecessary force being used,” Susan Lee, Americas Programme Director at Amnesty International, explained in the groups’ report.

Not specifically commenting on Chamberlain’s death, Lee added with her findings, “What is most disturbing about the police use of Tasers is that the majority of those who later died were not a serious threat when they were shocked by police.”

“Most of the deaths have been attributed to other causes,” continued the report. “However, medical examiners have listed Tasers as a cause or contributing factor in more than 60 deaths, and in a number of other cases the exact cause of death is unknown.”

“Even if deaths directly from Taser shocks are relatively rare, adverse effects can happen very quickly, without warning, and be impossible to reverse,” she adds.

Amnesty International published their findings earlier this year, only days after fatality number 500 was added to the list of Taser-related deaths. Earlier this year, a 43-year-old unarmed man was shocked by Tasers by police after being allegedly intoxicated in the state of Alabama. He died in the hospital two hours later.

Last year, a federal judge awarded a $1 million settlement to the family of a 15-year-old boy that died, in part, due to the “application of an electromuscular disruption device.” He was shot with a Taser in 2009.

The website Truth, Not Tasers believes the official Taser-related death toll to be closer to 700 than the 500 reported by Amnesty International.

Ontario Provincial Police (OPP) Cop demoted over Taser incidents

Simcoe Article: Cop demoted over Taser incidents

Court upholds ruling: Tasers kill

March 27, 2012
Julie O'Neill, wcpo.com

A new legal blow to the maker of Tasers as controversy grows over the weapon's safety.

Taser International lost its appeal Tuesday in the most costly case against the company to date.

Last summer, a jury awarded the family of Darryl Turner, who died after being tasered, $10 million, ruling that TASER knew its weapon could kill and did not properly warn police.

On appeal, the U.S. District Court Western District of N. Carolina Charlotte Division ruled in favor of the plaintiff on all objections, but did rule the damage award “excessive" and reduced it in half to $5 million.

"This is a huge victory for safety," said plaintiff attorney John Burton, "…and people concerned that this device is being given to police with false assurances of its safety."

Burton added, "The judge viewed the evidence and said the jury was justified in its conclusion."
Dr. Douglas Zipes, an electrophysiologist who testified for the plaintiff that Tasers could kill, said the reduction of the award was fair, and that the court's ruling "totally vindicates what we said, that Taser causes sudden death and the judge accepts that concept."

There has been no comment yet from Taser International.

WCPO-TV’s I-Team has been investigating the safety of Tasers since the death of 18-year-old Everette Howard of North College Hill after he was Tasered on August 6, 2011.

Nearly eight months after Howard’s death, the Hamilton County Coroner’s office has still not ruled on a cause of death.

A preliminary autopsy report viewed by 9 News showed the Coroner’s office appeared to rule out everything but the Taser.

The late Coroner Dr. Anant Bhati said days before his recent death that his office was waiting for the opinion of a specialist who was viewing slides of Howard’s heart.

Dr. Bhati said he had high respect for Dr. Zipes and that he believed Tasers could kill, though he was not ready yet to rule that a Taser did kill Everette Howard.

Tasers are electronic control weapons which send electricity into a subject for the purpose of incapacitating them, so that police officers can get them into custody without hands on contact.
The weapons are used as non-lethal force options by 16,000 police agencies globally, including here in the Tri-State.

Fort Worth police buying Tasers with safety feature

March 13, 2012
Mitch Mitchell, Star-Telegram

FORT WORTH -- New Tasers that automatically shut off after a five-second discharge will soon be in the hands of Fort Worth police, an important safety feature that should prevent sustained shocks to unruly suspects.

Police administrators said 250 Tasers will be given to patrol, neighborhood and zero-tolerance officers by midyear. The X2 replaces the X26, both manufactured by Taser International.

"The X2 is essentially the same as the X26 in that it deploys the darts using the same mechanism," Sgt. Mark Wilson, Fort Worth police in-service training supervisor, said in an e-mail.

"The voltage is the same and the darts themselves had no major design revision. The main two points we were looking for was the automatic cut off at five seconds after being deployed, even if an officer holds the trigger down. That was a safety issue that was very important for us."

The other change Fort Worth police sought was the addition of a second cartridge.

Taser International has described the weapon as less lethal because the 50,000-volt shock it deploys for a short time is safe.

The older model did not prevent a longer shock. In 2008 in North Carolina, a teenager died of cardiac arrest after a police officer shocked him twice with a Taser, first for 37 seconds, then for five.

The issue came to light in Texas in April 2009, when Fort Worth officer Stephanie Phillips fired her X26 at 24-year-old Michael Patrick Jacobs Jr., a mental health patient who was acting erratically at his east-side home. The barbs struck Jacobs in the chest and neck. Phillips told investigators that she inadvertently held down the trigger for 49 seconds and then shocked Jacobs again for five seconds after he failed to comply with officer commands. Jacobs died.

Fort Worth Police Chief Jeffrey Halstead, who was in his first full year as chief, said he promised residents that what happened to Jacobs would never happen again.

He began lobbying Taser International in October 2009 for technical applications that would solve extended-deployment issues.

During a meeting of the International Association of Chiefs of Police in Denver, Halstead said, he proposed that the X26 be programmed so that the maximum duration of a shock, without releasing and pressing the trigger again, would be 10 seconds.

Taser International officials said it would be too problematic to reprogram the thousands of X26s that were already in use, said Maj. Paul Henderson, Fort Worth police chief of staff. However, Halstead's ideas were incorporated into the new X2 and X3, a three-shot device.

"We did add a five-second cutoff and an audible alert to the X2," said Steve Tuttle, Taser International vice president of communications. "Chief Halstead was a thought leader on this issue and helped us develop this safety improvement."

Another new feature is the ability to discharge the device at two targets without reloading -- if an officer misses, for example, or the darts make an incomplete connection.

While Halstead's lobbying may have been persuasive, another factor in the company's decision may have been potential liability. In July, a jury in the North Carolina case found Taser International at fault, awarding the teen's family $10 million. Jacobs' family filed a wrongful-death lawsuit against the police and Fort Worth. Without admitting fault, the city settled in 2010 for $2 million, far more than the city had ever paid in a wrongful-death suit.

Amnesty International has recorded 500 conducted energy device deaths in the United States since 2001, with the largest number (92) in California, followed by Florida (65) and Texas (37).

Creative and patient

The Fort Worth police department, which employs about 1,500 sworn officers, has more than 1,200 X26 Tasers on hand. But while the older Tasers do not meet the needs of the Fort Worth department or other police departments nationwide, budget constraints meant there was no money for the new technology, Halstead said.

Taser International reached a deal with Fort Worth that gave the city a 30 percent discount and allowed it to pay for the X2 over time, Halstead said. That let the city get the new Tasers without large upfront expenditures, he said.

"The economy is hurting us right now," Halstead said. "We are just having to be a little more creative and a little more patient in how we bring these innovations to our city."

This year, the city budget shows that Fort Worth will spend $80,930 -- nearly $16,000 more than last year -- for Taser replacement.

The Georgia Bureau of Investigation, the Chicago Police Department, the Houston Police Department and the Woodbury, Minn., Police Department have all purchased the X2, according to Taser International.

Even with the safeguards, controversy continues over use of the Tasers.

According to Fort Worth police figures, Tasers were used 1,841 times by officers between 2005 and 2010, and in two-thirds of the incidents where someone was arrested, they were used with minorities. Since 2001, five people in Fort Worth police custody have died after a Taser shock

The Rev. Kyev Tatum, president of the Tarrant County chapter of the Southern Christian Leadership Conference, continues to call for a moratorium on the devices, which he equates to instruments of torture.

"Tasers promote lazy policing by officers who are not well-trained or well-supervised," Tatum said. "Police used to take pride in de-escalating a situation. Now, it seems police are creating tensions that escalate situations. We still think Tasers are unconstitutional. And we know that black and brown people are the ones most likely to be Tased."

Marcus Hardin, grandfather of Marcus Swiat, once an advocate of banning Tasers, said he has given up that fight. Hardin's grandson was shocked eight times by a police officer with a Taser on May 24, 2008, according to testimony during his trial on charges of resisting arrest, where he was found not guilty. A municipal judge dismissed a public intoxication charge against Swiat that arose from the same incident in downtown Fort Worth. The fight to ban Tasers was a losing proposition void of a platform to make his case, Hardin said.

"This is an improvement," Hardin said of the X2. "And I'm all for improvement."

Ray Samuels: A Police Chief and Leader Who Championed Rights For All

While I never had the pleasure of meeting Ray Samuels, who unfortunately died in February 2012, I have long admired him in a big way for his willingness to take a stance against tasers, even as a high ranking law enforcement official (former chief of police, Newark, California). I have likewise never personally met Aram James, who wrote this wonderful tribute to Ray, but we've been in touch with each other for many years and I call him a friend. The world could sure use a few more like Ray and Aram!


Ray Samuels: A Police Chief and Leader Who Championed Rights For All
Silicon Valley De-Bug • Profile
Aram James • March 7, 2012

Ray Samuels, former Newark Police Chief, passed away recently at the age of 58. Aram James, a civil rights organizer and former public defender, found a friend and trusted ally in Samuels through their common campaign against the Tasers, and shares his memories of the man he calls both a friend and inspiration.

First and foremost Ray Samuels was my dear friend—his sudden and unexpected passing has saddened me to the core (Ray died on February 17, 2012.) I think what stands-out most for me about Ray Samuels are his humble qualities – his decency as a human being, his lust for life and learning and his insatiable curiosity about other human beings. Ray always had a desire to be a problem solver, and he had no arrogance or pretense. His routine instinct was always to look out for the other guy first.

When Ray retired as the Police Chief of Newark California in August of 2008, we had only known each other for a little more than a year and half, but our friendship already seemed strong and special. When Ray announced his retirement as police chief, he invited me to attend his retirement party at a small restaurant overlooking the water/bay in his hometown, the historic and charming Benicia, California.

As soon as Ray spotted me he seemed slightly surprised that I was attending the event by myself. Ray then took me from table to table introducing me to a mostly law enforcement crowd. At each table he went out of his way to let the folks know that I was a retired public defender—and he seemed proud of this fact. When we finished the introductions Ray quickly decided that I should sit right across from him at the head table. In Ray’s own way he decided it was important to take care of me first, to make me feel comfortable at this mostly law enforcement event. Needless to say, I had a great evening.

Even though Ray Samuels never stepped through the doors of De-Bug/ACJP Albert Cobarrubias Justice Project — he was a friend and inspiration for our organizing efforts, particularly in our campaign/battle to ban Tasers. His words and wise counsel over the years that I knew him extended well beyond our battle against Tasers, and became an overall understanding of how to best work towards ensuring police accountability and a more equitable criminal justice system. I wasn’t the only one at De-Bug/ACJP touched by Ray’s wisdom and commitment to justice. In a letter to Ray while trying to learn more about use of force issues, Raj Jayadev wrote, “Please know your very honorable stance against Tasers, and the intelligent arguments against their use has helped tremendously as we try to carry the torch here in San Jose.”

Ray Samuels’ words and concept development regarding the risks posed by Tasers were frequently reflected back to the community by the ACJP team in numerous community talks and presentations, press conferences, TV interviews, radio call ins, in addition to articles written jointly and separately by Raj Jayadev and Aram James i.e., Did Court Deal Fatal Blow to Tasers for Police? (New America Media—posted Jan 7, 2010).

Yes, our friend Ray Samuels defied -- across the board -- the often negative and frequently legitimately held stereotypes maintained by those in the community who must interact with our police in a less than mutually respectful environment.

Ray inspired by his words, his credibility, and his courage to speak the truth as he saw it -- even if it ran contrary to the strongly held views and conventions of his colleagues in his profession (policing). Ray embodied and nurtured a wider angle view of policing and police practices then not just most police officers -- but of the majority of institutional participants in the criminal justice system. His wisdom and articulation of the issues was not just supported by theory but by decades of practice in the hardscrabble of law enforcement. Ray sought out the facts, not to support his world view but as an investigator seeking to discover the bigger truth. And Ray had the writing skills of an artist and a poet to back up his points.

Case in point, in the beginning of 2007 I contacted –cold called-- then chief of the Newark California Police Department, Ray Samuel after reading his comments regarding the controversial weapon Tasers. Here are his words:

“What scared me about the weapon is that you can deploy it absolutely within the manufacturer’s recommendations and there is still the possibility of an unintended reaction. I can’t imagine a worse circumstance than to have a death attributed to a Taser in a situation that didn’t justify lethal force.”

At the time I read Ray’s words in the press I was preparing to speak to the Palo Alto Taser Task Force assembled to make a recommendation to the Palo Alto City Council regarding whether to purchase Tasers for all members of the Palo Alto Police Department. I thought, why not take a chance and try to contact him? Maybe a conversation with Ray Samuels would give me a fuller understanding of the Taser issue.

After my initial phone conversation it became clear that Ray Samuels had a gold mine of information on the Taser controversy at the tip of his tongue. As we talked, it was evident to me that anything he had to say regarding the risks that Tasers posed to the health and safety of the community would be seen as 10 times, if not 100 times, more credible on the subject then anything I -- a retired former public defender, whose public perception was one of a radical police critic activist -- might offer.

Prior to my presentation to the Taser Task force on March 27, 2007 there had been at least three prior task force meetings, with all of the formal presenters being strongly pro-Taser, and mostly speakers from either the Palo Alto Police department or other local police agencies.

At those meetings I spoke during the oral communications portion of the meeting re Ray Samuels’ view that Tasers were dangerous and constituted too high a risk to justify their introduction into the already weapon heavy arsenal of the PAPD.

On the date of the March 13, 2007 Taser Task Force meeting, then Palo Alto Police Chief Lynne Johnson commented that she had talked to Ray Samuels at a recent statewide police chief’s conference, and that Ray Samuels was now leaning towards introducing Tasers in the city of Newark, California. Having discussed the issue on the phone with Ray on several recent occasions, I was in a state of disbelief regarding Lynne Johnson’s statement. My distinct impression was that Ray would not so quickly have changed his view.

Shortly after the March 13,2011 meeting I contacted Ray Samuels by phone and he assured me he had not changed his position—and the he was not in fact “leaning towards Tasers,” as Police Chief Lynne Johnson had represented.

I asked Ray if he would write a letter outlining his current position on Tasers, so I could present his letter as part of my presentation to the Taser Task Force. Given chief Johnson’s misrepresentation of Ray’s position, I felt it was important that I have a written statement of Ray’s current position to avoid any possible ambiguity.

Ray’s letter, it turns out, was my David against the City’s Goliath.

When I finally had my opportunity to give my presentation to the Taser Task Force, I used Ray’s late arriving letter (the day before the presentation), as the centerpiece of my quickly reorganized presentation.

(See Ray's letter here:   http://truthnottasers.blogspot.com/2007/07/anti-taser-letter-from-newark-police.html )

Once I read the letter to the Taser Task Force, the reaction was one of disbelief and denial –after weeks of pro-Taser propaganda Ray’s fact based letter simply turned the Task Force member’s world view upside down-- they were in a state of shock, unwilling and unable to absorb the straight talk outlined in his letter. Rather than ask substantive questions re his positions, they attempted to attack both my and Ray’s credibility. Did I have Ray’s permission to read the letter to the Taser force? Was the letter really prepared for the Taser Task Force? Why wasn’t Ray at the meeting to answer questions about his letter?

In the end, the Taser Task Force voted 7-2 in favor of recommending to the city council that the Palo Alto Police be allowed to purchase Tasers. The two individuals who voted in opposition to Tasers did so in large part -- if not exclusively -- on the basis of the letter Ray had written. In fact, one member of the Taser Task Force actually drove to Newark to consult personally with Ray.

On May 7, 2007 the city council ultimately voted 5-4 in favor of bringing Tasers to Palo Alto. Ray made himself available to any member of the city council who wanted to discuss his letter and his views on Tasers. The then mayor of Palo Alto called Ray on the day of the vote and had a discussion about Tasers. The mayor was ultimately one of the 4 votes in opposition to Tasers. Ray’s amazing and precise articulation of the dangers of Tasers, outlined in his letter, almost single handedly prevented the introduction of Tasers into the city of Palo Alto.

Reflecting back, at my friendship with Ray, his words may best express why I feel so honored to have had Ray Samuels for a friend and why I will so dearly miss him. Here is what he wrote in an e-mail exchange with Raj Jayadev after I had introduced them to each other in September of 2010.

“With regard to Aram, the two of us have developed a relationship over the last four years that I cherish. We often disagree on issues, but we have the utmost respect for one another and acknowledge that surrounding ourselves with people that agree does nothing toward our goal of being lifelong learners. Nor does it do anything to validate the causes we believe in.”

Ray’s friendship will be with me forever. His advocacy for human rights such as through the opposition to the death penalty and the opposition to Tasers, his call for openness in police misconduct proceedings, and all of his other causes, will continue to be moved forward by others as part of his legacy. He broke barriers with his extraordinary articulation of the issues and his willingness to so freely share his view with others.

The Strange Life and Death of Law Enforcement Associates

SEE ALSO: TASER WARS: STOCKS, LIES AND AUDIOTAPES

February 20, 2012
Shane Ryan, Raleigh Public Record

Part 1 of a 3 Part Series:

Comeuppance: The Strange Life and Death of Law Enforcement Associates

Part 2 of a 3 Part Series:

The Strange Life and Death of Law Enforcement Associates

Part 3 of a 3 Part Series:

The Strange Life and Death of LEA

Two deaths this week

710. February 13, 2012: Johnnie Kamahi Warren, 43, Dothan, Alabama
711. February 16, 2012: Charmin Bennett, 30, Donaldsville, Louisiana

Let Toronto cops carry tasers, deputy chief urges

January 10, 2012
Carys Mills, Globe and Mail

Front-line officers in Toronto should be allowed to carry tasers but provincial regulations prohibit them from doing so, said Deputy Chief Michael Federico in response to questions about how police respond to mentally ill people in crisis.

On Thursday, the Toronto police held a rare demonstration of how they are trained to deal with such situations. The news conference at the police college came less than a week after a man carrying two pairs of scissors and wearing a hospital gown was fatally shot on a street during an altercation with police. Police say they aren’t permitted to discuss that incident while it is being investigated by the Special Investigations Unit.

Tasers are an option all trained officers should have, Deputy Chief Federico said in an interview, but Ontario regulations set out that only supervisors and specialized units can carry them.

There’s a supervisor on the road during every shift, the Deputy Chief said. “Police officers are not completely without access to a [taser]. But again, situations may unfold too quickly for a supervisor to arrive.”

Tasers, conducted energy weapons, have been under scrutiny since the death of Robert Dziekanski after he was tasered five times at the Vancouver airport in 2007. But in some jurisdictions outside of Ontario, they are a non-lethal option for front-line police when a situation calls for use of force.

“We ought to equip our officers with all of the options that will help make a situation safe,” Deputy Chief Federico said. “That includes knowledge and skills and equipment.”

A spokesman for the ministry in charge of policing said in an e-mail that there are no plans to change regulations “because the current use of force regulations meet Ontario’s public safety needs.”

The RCMP, a federal force, allows front-line officers throughout the country to carry tasers as long as they have taken the appropriate training and meet other requirements. “We don’t discriminate between ranks,” said Corporal David Falls.

Regulations have been beefed up in British Columbia since Mr. Dziekanski’s death. Front-line police can still carry the weapons there as long as officers meet provincial standards.

Pat Capponi, a psychiatric survivor who co-chairs a mental health sub-committee of Toronto’s police board, said she’s unsure about broadening the use of tasers because of fatal incidents such as the one involving Mr. Dziekanski.

She said that whenever a mentally ill person is injured in a confrontation with police, it sends shock waves through the community of those with mental health histories. “That’s the feeling, we have nowhere to go if we’re in trouble,” Ms. Capponi said. She added she’s encouraged by the training she’s seeing of first responders in Toronto.

Following the deaths of two people – one disabled, and the other bipolar – last year, critics said Toronto police were not equipped to differentiate between a criminal threat and one originating from mental illness. The officers involved in both incidents were cleared by the SIU.

Deputy Chief Federico said all Toronto officers are guaranteed mental health training each year when they have two days of use-of-force training. Additional training varies by specific job and the year, he said.

Other police forces in Canada go further, offering officers week-long training specifically focused on dealing with the mentally ill. It’s a program that was developed in Memphis, Tenn., that has had success in several cities in the U.S., and was recently adopted by York Region police.

Deputy Chief Federico said Toronto police aren’t considering adopting the Memphis training model.

“Forty hours is a whole week of a police officer’s time off the front line,” he said. “I have to … make sure my police officers are on the road, delivering the service.”

As part of their response, Toronto police have teams of officers and nurses that respond to people in crisis, but because of potential danger, they only arrive after the first responders. These teams are not available in every division and have limited hours.

Deaths in police custody figures 'understated'

February 3, 2012

By Angus Stickler, BBC News

Official figures understate the number of people who die in custody after being restrained by police, a BBC investigation has found.

It discovered that anyone who dies following restraint without being formally arrested is excluded from death in custody figures.

Campaigners want an inquiry into how the the Independent Police Complaints Commission (IPCC) collates its figures.

The IPCC says its tight definitions allow it to track trends.

The findings were revealed in a joint investigation by BBC Radio 4's File on 4 and The Bureau of Investigative Journalism, which used Freedom of Information requests to ask the IPCC to reveal the names of individual cases detailed in its statistics.

The names relate to 86 people who died in police custody between 1998-9 and 2008-9 following the use of restraint.

Of these, 16 deaths were categorised by the IPCC as being directly "restraint-related".

'Skewing the results'


Families of those who have died have expressed disbelief that their loved ones have been excluded from death in custody figures.

What we will have to do is have a proper thorough inquiry into this matter”

Keith Vaz MP Home Affairs Select Committee

Rebekah Skews, whose former partner Simon Bosworth died after being restrained by police, said the figures "mean nothing".

"The figures that they are making available to the public aren't true figures, because to actually omit a case like Simon's, which so clearly involved restraint - they are skewing the results," she said.

Keith Vaz, chairman of the Commons Home Affairs Select Committee, said the findings were concerning.
"This is a highly sensitive area which deals with one of those parts of public policy that needs to be looked at very carefully," Mr Vaz told the BBC.

"What we will have to do is have a proper, thorough inquiry into this matter."

Mr Vaz said the IPCC had a crucial public role.

"It is the organisation that the police and the public turn to in order

to get a definitive account of what happened in respect of some of the most serious cases that there are."
Mr Bosworth, a property valuer from Peterborough, died after being restrained by the police in July 2008.
An inquest jury returned a narrative verdict.

Mr Bosworth suffered a fatal heart attack brought on by a combination of being restrained and his cocaine use and epilepsy.

Despite the fact the IPCC conducted its own investigation into Mr Bosworth's death, which cited restraint and struggling as part of the cause of death, his name is not included in its custody death figures.

Strict definition


Tom Bucke, head of analytical services at the IPCC, conceded that it was an important case.

But he defended the commission's position not to include the case in the figures because Mr Bosworth had not been formally arrested or detained.

Listen to the full report on File on 4 on BBC Radio 4 on Tuesday, 31 January at 20:00 GMT and Sunday 4 February at 17:00 GMT

• Listen via the Radio 4 website
• Download the File on 4 podcast
• Got a story? Contact the File on 4 team

Under the IPCC's strict definition, he was not officially in custody.

According to the IPCC, between 1998 and 2009 there were only 16 restraint-related deaths in custody.

The watchdog disclosed it has another list of deaths following police contact - those who had not been arrested or detained.

However the IPCC does not know how many of those were restraint-related deaths and is considering a new study of these cases.

The investigation carried out by Radio 4's File on 4 and the Bureau of Investigative Journalism into the official figures involved months spent cross-referencing the names on the IPCC list and other cases in the public domain.

The IPCC's definitive list of 16 deaths in police custody excludes one of this country's most high profile cases.
Roger Sylvester died in 1999 after being restrained by eight police officers in hospital.

He had been found naked and behaving strangely outside his home in Tottenham, north London.
An inquest ruled in 2003 that he was unlawfully killed, but this was quashed a year later by a High Court judge. No officers were charged.

But following the case, the Metropolitan Police reviewed and reorganised its restraint training.

'Led by evidence'

Deborah Coles, chief executive of Inquest, a charity which advises on contentious deaths and their investigation, said it was "absolutely astonishing" that Mr Sylvester's death was not on the list of 16.

Continue reading the main story

I know these cases, we've worked on these cases, and restraint was absolutely fundamental during the course of that inquest” - Deborah Coles Inquest

"I can't believe they haven't even got Roger Sylvester,"' she said.

"These are cases that Inquest have worked on and yet within this list, they don't seem to recognise these are restraint-related deaths.

"I find that absolutely astonishing because I know these cases, we've worked on these cases, and restraint was absolutely fundamental.

"I would question the IPCC as to how these figures were collated, and what care has gone into ensuring that they're properly representative of... the investigations, some of which they have been directly involved in."

The IPCC said Roger Sylvester's name had been excluded from the list again due to its tight definition of restraint-related death.

Tom Bucke of the IPCC said was restraint was a "key factor" in the case.

"However, we are led by the evidence and the medical evidence was disputed by a pathologist at the inquest and the final inquest verdict was an open verdict on Roger Sylvester's death, so under cause of death we reflect the open verdict and the dispute between the pathologist about that," he said.

"The reason we have such a tight definition for our different categories is to allow us to look at trends over time.

"If we had very loose categories and included lots of things in there which may or not fit in there or may fit in other categories, then we would lose the ability to say whether deaths were going up or down.

"It's obviously very important for everybody concerned to know whether deaths in custody are going up or not."

Coroner Releases Details In Teen's Taser Death

February 3, 2012
WLWT.com


CINCINNATI -- Taser shock has not been ruled out as a cause of death for a high school student shocked with a stun gun by University of Cincinnati police officers.

Coroners still have not determined exactly what caused 18-year-old Everette Howard's death Aug. 6 during an altercation at a residence hall.

Officers had responded to a large fight at Turner Hall, and they said Howard appeared angry and didn't follow police orders. Family members and witnesses said Howard may have been trying to break up the fight.

A coroner's report showed Howard had a history of collapse and cardiac arrest after being shocked with a Taser. Howard was also subdued with a stun gun in a 2009 incident while he was in high school, and the teen required hospitalization afterward.

Coroners ruled out the toxic effects of stimulants or other drugs as a contributing factor in Howard's death, and they found no injuries to the back of his head or neck. Three puncture injuries and some abrasions were noted in the report.

Police said Howard appeared to be aggressively approaching an officer, who used his Taser to subdue the teen. Howard fell to the ground and was placed in handcuffs.

Howard went into cardiac arrest as he was examined by paramedics and was pronounced dead at University Hospital.

UC did not release a statement about the report's findings, and police said they would decline comment until the investigation was complete.

State officials are conducting an independent investigation of Howard's death.

RCMP's Taser use in 2003 death slammed in report

January 31, 2012
CBC News

The RCMP in B.C. is coming under fire again for the use of stun guns and restraints in the death of a Prince George man, and for the internal investigation conducted after his death.

In 2003, Clay Willey, 33, was hog-tied and shocked with two Tasers simultaneously by officers at the Prince George detachment. He died hours later in hospital.

An autopsy later found Willey had cuts, bruises and broken ribs but ultimately died from cardiac arrest brought on by a cocaine overdose.

A report from the Commission for Public Complaints Against the RCMP (CPC) released Tuesday raises questions about the way police dealt with his arrest and the investigation that followed.

Clay Willey died in July 2003 from several heart attacks following his arrest by Prince George RCMP. (Facebook)

At the time of his arrest, Willey was high on cocaine and causing a disturbance on the streets of Prince George. After he was arrested, Willey continued to struggle and that's when officers decided to pepper spray and hog-tie him.

The report found it was reasonable for the officers to hog-tie Willey in order to restrain him, even though it was no longer part of police procedure, because the officers had no other equipment on hand at the time.

"Constables Graham, Fowler and Rutten utilized an appropriate level of force when effecting the arrest of Clay Willey," said the report.

But how Willey was treated at the police detachment did raise concerns for the CPC. It found police dragged him by his feet out of the police vehicle and then face down through the detachment.

'The simultaneous use of the CEW by constables Caston and O’Donnell was unreasonable, unnecessary and excessive in the circumstances.'—Commission for Public Complaints Against the RCMP

"Constables Caston and O’Donnell failed to treat Mr. Willey with the level of decency to be expected from police officers when they removed him from the police vehicle and transported him to the elevator," it said.

It also found one officer's failure to secure his firearm and another officer's decision to draw her firearm during the transfer were a violation of RCMP policy.

Stunned simultaneously with Tasers

Inside the detachment, Willey continued to struggle against the arm and leg restraints so two officers then zapped him with their stun guns simultaneously in an attempt to subdue him.

The independent report found "the simultaneous use of the CEW by constables Caston and O’Donnell was unreasonable, unnecessary and excessive in the circumstances."

The report also said the RCMP officers didn't get Willey medical help quickly enough, and he died after suffering several cardiac arrests en route to the hospital in an ambulance.

The report also found several problems with the subsequent police investigation, including a failure to properly secure the scene, the cleaning of a police vehicle prior to its examination, failure to collect officers' footwear as evidence, the failure to recognize the loss of Willey's cellphone and failure to interview the officers in a timely manner.

"Neither the criminal nor conduct aspects of the police involvement in Mr. Willey’s death were adequately investigated or addressed."

The report from the CPC points out the RCMP agreed with virtually all of its findings and recommendations, but said the force took too long to respond to an interim report, which was completed 14 months ago.

RCMP accept report's findings

A previous internal RCMP code of conduct report cleared the officers of any wrongdoing, but on Tuesday top Mounties in Prince George said they agreed with the findings of the new CPC report.

Superintendents Eric Stubbs and Rod Booth said the RCMP code of conduct hearing should have been handled differently and admit the way Willey was treated wasn't up to police standards.

Booth said had he been in charge of the code of conduct hearings the officers may not have been cleared. Both said many changes have been made since Willey's death in 2003 such as ending the practice of hog-tying prisoners.

The RCMP will be meeting with Willey's family and say a civil suit is before the courts.

In 2010, a public inquiry into the 2007 death of Robert Dziekanski at Vancouver International Airport concluded RCMP were not justified in using a Taser against the Polish immigrant and that the officers later deliberately misrepresented their actions to investigators.

Fraction of VPD carries Tasers under new rules

"Tasers can still be used on seniors, children, pregnant women and the mentally ill, despite warnings from the manufacturer."

January 27, 2012

CTV BC

With a report from CTV British Columbia's Peter Grainger

The new standards for Taser use are set to come into effect next week, and they mean that just a fraction of Vancouver police officers are carrying the conducted-energy weapons.

The changes to B.C. policy were recommended by retired judge Thomas Braidwood, who led an inquiry into the death of Robert Dziekanski after being stunned multiple times at the Vancouver International Airport in October 2007.

The Vancouver Police Department is already complying with the province-wide standards, which require officers to undergo training before they can carry Tasers. But the department doesn't automatically send people to be qualified and officers have to volunteer.

Right now, only 107 officers carry a Taser, and a third of those are members of the emergency response team. As of December, there were 1,327 sworn officers in the VPD.

Some of the other new policies include:

• Tasers are only to be used on violent people
• Officers must give verbal warnings before shocking anyone
• They must use, or consider using, crisis intervention first
• They must avoid chest shots
• Shocks cannot last for more than five seconds

However, Tasers can still be used on seniors, children, pregnant women and the mentally ill, despite warnings from the manufacturer.

That is a concern for BC Civil Liberties Association director David Eby, who was the only civilian member of the implementation committee on Braidwood's recommendations.

"This device, still untested on those groups, is still being used by police officers and potentially on those groups. That is a potential major issue given the recent Tasering of an 11-year old in Prince George," he said.
"There may be some mistaken notion that now they're safe, now we know what the effects of them are, now we know when we can properly use them and when we can't. I don't think police officers have that information still."

Transit cop turned off by Tasers-Ex-VPD officer says he now doubts safety, usefulness of devices

"Dickhout, a former Vancouver Police Department officer who still works as a transit cop, said he will never carry a Taser again because he believes they are not appropriate for transit policing."

January 27, 2012
Sam Cooper, The Province

A SkyTrain transit cop who Tasered an intoxicated fare evader in Surrey testified Thursday that he believed the man was assaulting his partner, but in the aftermath he was sickened and decided to never use a Taser again.

In an Office of Police Complaints Commissioner discipline hearing, Const. Daniel Dickhout is alleged to have used excessive force on Christopher Lypchuk, who fell and smacked his face on a concrete stairwell after being Tasered at Scott Road SkyTrain station in September 2007.

"I don't think it was excessive," Dickhout testified of his use of the Taser.

"In my view at that time, he was attacking [partner] Const. Chartrand."

Lypchuk was cut over his eye in his fall but could have been concussed or even have died, according to public hearing counsel Joe Doyle.

Dickhout said he escorted Lypchuk off the train for fare evasion and was writing up a ticket on the platform when Lypchuk suddenly picked up two unopened beers and fled for the stairwell exit.

Security-camera footage shows Dickhout quickly drawing his Taser and catching Lypchuk in a steep and narrow stairwell, with his partner blocking Lypchuk from above.

Dickhout's partner "interjected" with a comment, according to Dickhout, and Lypchuk took a jerky step toward the second officer, before stopping.

Dickhout said from below, as Lypchuk took his step: "I see his right elbow back, in what I take to be cocking and throwing a punch."

At that point, Dickhout said, he pulled the trigger and Lypchuk stiffened and fell down several steps.

"I realized, days later when I watched the video from the top of the stairs, that he may not have been doing what I thought he was, and that made me sick," Dickhout said.

Dickhout, a former Vancouver Police Department officer who still works as a transit cop, said he will never carry a Taser again because he believes they are not appropriate for transit policing.

"Since that time, we had the [Robert] Dziekanski incident," Dickhout said.

"I don't think they are quite as safe and useful as I once believed."

Dziekanski died at the Vancouver airport in October 2007 after being Tasered and restrained by RCMP officers.

In cross-examination, Doyle established several inconsistencies between Dickhout's incident report and video evidence shown in court.

Doyle suggested Dickhout truly did not perceive an imminent assault, because Dickhout did not write in his report that he feared Lypchuk was about to punch his partner.

"When I reviewed the video, I was reminded of a punch," Dickhout said. "I don't know why it didn't get into my report."

The hearing has been adjourned until Feb. 22.

Deaths in Police Custody: Excited Delirium

Next On: Tuesday, 20:00 on BBC Radio 31 Jan 2012



SYNOPSIS

Inquests in England are increasingly hearing a new term to explain deaths in police custody: Excited Delirium. It's a diagnosis with origins in the United States, where it has been associated with consumption of massive doses of cocaine. People with ED are said to possess super-human strength and to be largely impervious to pain. They behave bizarrely, sometimes destructively. They often seem paranoid and frequently resist arrest. As police struggle to restrain them they overheat and die.

But critics -- including some British Pathologists -- point out that Excited Delirium is not recognised by the World Health Organisation and that there is a lack of valid research. Civil liberties organisations fear that the diagnosis might be employed to excuse improper use of restraint techniques by police.

For 'File on 4' Angus Stickler has travelled to the cocaine capital of the United States, Miami, where police and scientists are attempting to define and deal with the controversial condition.

And in England he speaks to families whose loved ones have died after being restrained by the police. Is Excited Delirium well-enough understood to be used by courts? And just how many people are dying while being restrained -- either in custody or while being arrested? Are the official figures reliable?


Producer: Andy Denwood.

BROADCAST
Tue 31 Jan 2012
20:00
BBC Radio 4

(There will be a transcript after the program)

New standards for Taser use go into effect in B.C. Monday Read more: http://www.theprovince.com/news/standards+Taser+into+effect+Monday/6060706/story.html#ixzz1khHd5Yj9

January 27, 2012
Mike Raptis, The Province

B.C. police agencies will soon be forced to comply with new provincial Taser standards following commissioner Thomas Braidwood's landmark 2009 recommendations.

The new standards — most of which will take effect Jan. 30 — will be binding on all police forces in the province, including the RCMP.

The Vancouver Police Department has already adopted the majority of Braidwood's recommendations, including new standards for use of force, equipment storage and electrical testing for the conducted-energy weapons (CEWs), police spokesman Const. Lindsey Houghton said Thursday.

Under the new provincial policing standards, all front-line police officers, recruits and cadets must now complete training in crisis intervention and de-escalation.

"Prior to the legislation, there was no provincial standard of training for CEWs," Houghton said.

There are 107 VPD members certified to carry the Taser on duty. Seventy-six are patrol officers and 31 are assigned to the emergency response team.

Seven transit police officers are certified to use the Taser. However, that number will grow, said Insp. David Hansen, as an unspecified number of transit police will soon undergo the provincial training regime.

In 2009, Solicitor-General Shirley Bond directed all police in B.C. to use de-escalation techniques with all persons, including the emotionally disturbed.

Provincial standards will require police officers who deploy a Taser to provide medical assistance and have an automated external defibrillator readily available.

Karbon Arms Prevails over Taser in U.S. District Court for the District of Arizona

January 26, 2012
Market Watch, Wall Street Journal

TAMPA, Fla., Jan 25, 2012 (BUSINESS WIRE) -- Karbon Arms, a leader in electronic immobilization technology prevailed in the U.S. District Court. In the court filing, Taser International /quotes/zigman/85741/quotes/nls/tasr TASR -0.65% falsely accused Karbon Arms of violating a court ordered injunction. Karbon was vindicated of the baseless allegation by Rick Smith, Taser's CEO, that Karbon is "seeking to evade the Court's injunction through subversive means."

In the hearing to determine whether Karbon Arms is selling an infringing version of the Stinger Systems S-200 Judge James A. Teilborg ruled that the circuitry and operation of the devices are "unquestionably" different. As a result, the Court found that Taser has failed to prove that the Karbon MPID is not more than "colorably different" from the circuit in question. The injunction against Karbon is the result of the assets purchased from Stinger Systems by outbidding Taser in August 2010.

In addition to this victory, in December 2011, the U.S. Patent Office completed a re-examination of Karbon's patent number 7,778,005 and found in favor of Karbon Arms. Taser requested this re-examination in May 2011. Karbon Arms' CEO Robert Gruder stated, "These successful outcomes are proof that Karbon is prepared to defeat Taser's relentless attacks and attempts to corner the Electronic Immobilization Device market."

Matthew Pliskin, President of Karbon Arms, stated, "We are enjoying the momentum on both the legal and marketing fronts. This is an exciting time for Karbon Arms." In response to Taser's October 24, 2011 press release he added, "I am disappointed by Taser's unethical behavior and mischaracterization of Bob Gruder. He has worked tirelessly to produce a competitive product that exceeds the expectations of the marketplace."

Robert Gruder continued, "Taser has done everything in their power to prevent us from entering the marketplace. We will continue to bring our superior products to compete head to head with their offering. We hope the law enforcement community will now clearly see Taser's strategy. My message to Taser International and to Rick Smith is to focus on making a product that can be competitive with the Karbon MPID and you can save your shareholders lots of attorney's fees."

About Karbon Arms:

Karbon Arms is a leading provider of electronic immobilization products. Almost 100,000 individuals have been trained to use Karbon products. The Multi-Purpose Immobilization Device (MPID) is Karbon's flagship product. Innovative officer friendly features such as a cartridge eject system, 22 foot range cartridge, 345 nm laser, off-the-shelf batteries, and a rugged unibody frame construction accent the exterior of the MPID. Under the hood, the MPID utilizes patented technology that allows a safety designed constant current generator.

Effective, Durable, Affordable.

Departments nationwide have made the transition from traditional older immobilization technologies to the newer, cost effective Karbon MPID. Find out more at www.karbonarms.com or call 800-345-STUN

SOURCE: Karbon Arms

Tasers a ‘new urban terrorism’ against ‘downtrodden’: Canadian study

January 20, 2012
By Douglas Quan, Post Media News

"They should have just taken a gun and shot my son‟: Taser deployment and the downtrodden in Canada

The use of Tasers by Canada’s police forces represents a “teething new urban terrorism” that targets society’s “downtrodden,” says a study published this month that looked at more than two dozen deaths involving the stun guns.

Those most likely to get “tased” include the poor, mentally ill and chronic drug users, according to the study, led by Temitope Oriola, who received a Governor General’s Gold Medal for academic excellence upon the completion of his doctoral studies at the University of Alberta last year.

“It is beneath the integrity of the RCMP — a well-respected organization by international standards — and other police establishments in Canada to continue to use the Taser without conclusive independent scientific evidence succinctly demonstrating its effects or consequences on the human body,” the study, published in the journal Social Identities, concludes.

Steve Tuttle, a spokesman for Taser International in Arizona, said in a statement that the study reads more like a social commentary and falsely implies that Tasers caused all the deaths examined.

“The report is woefully out of touch regarding the realities facing Canadian law and enforcement,” he said.

Tuttle cited a U.S. Department of Justice report that found Tasers can significantly reduce injuries to suspects, protect police officers and may prevent injury to bystanders. The same report, however, raised concerns that police may be becoming too reliant on Tasers

In a statement, RCMP spokeswoman Sgt. Julie Gagnon said the force has revised its use-of-force training and policies since 2007 to focus on “de-escalation and communication.”

The latest revision to the RCMP’s Taser-use policy in April 2010 states that Tasers can only be used when someone is causing bodily harm or when an officer believes that a person will imminently cause bodily harm, she said.

The force continues to work with the RCMP Public Complaints Commission, other police agencies and medical experts to enhance policies and training, Gagnon added.

The study reviewed 26 fatalities across the country in which a Taser was involved, including the high-profile death of Robert Dziekanski, a distraught Polish immigrant, following an encounter with police at Vancouver International Airport.

Relying on news accounts of those incidents, the study’s authors conclude that Tasers tend to be used on the most “hapless” members of society.

Many were poor or had chronic drug problems, some were ethnic minorities, and a few were certified as mentally ill, they said.

“Taser use on the downtrodden has led to a very unhealthy mistrust, dread and fear of the police akin to the way members of the public are terrified by terrorist attacks,” the authors wrote.

They go on to say that the huge public outcry that followed Dziekanski’s death was exceptional, as those with histories of poverty, drug use and mental illness tend not to generate much public sympathy.

In an interview, Oriola said he understands the dangers and risks that police face, but he insisted that there should be a moratorium on Taser use in Canada.

The days when academics sit on the sidelines and do “objective analysis” are becoming a “thing of the past,” Oriola said. Scholars need to take a stance on issues, especially those that involve society’s most vulnerable, he said.

Nicole Neverson of Ryerson University in Toronto and Charles Adeyanju of the University of Prince Edward Island were co-authors.

Attorney calls Taser use ‘sadistic’

January 18, 2012
Katherine Heerbrandt, Gazette.net

A Frederick County sheriff’s deputy acted in a “sadistic” manner four years ago when he hit a 20-year-old man twice with a Taser, the attorney for the man’s family told a federal jury Tuesday.

That man, Jarrel Gray, died soon after, and his family is seeking $145 million in damages in a wrongful death lawsuit that began Tuesday in federal court in Baltimore.

In his opening statement, attorney Gregory Lattimer told the jury that Cpl. Rudy Torres of the Frederick County Sheriff’s Office used excessive force in the events surrounding the death of Gray on Nov. 18, 2007.

Gray’s family is claiming wrongful death, excessive use of force, and battery on the part of the now-retired Torres.

“You will determine if the initial tasing was appropriate and if the second tasking was appropriate under the circumstances, and render a decision based on your answers,” Lattimer told the jury. “We are convinced you will agree that shouldn’t have happened.”

Torres’ attorney, Daniel Karp, outlined a different scenario of how and why Torres used the Taser on Gray, and said the deputy was following procedure when he shot Gray with the stun gun to force him to get on the ground and show his hands.

“We will show that a reasonable and well-trained officer could not appreciate the fact that the use of the Taser might cause serious injury or death,” Karp said.

Torres responded to a dispatcher’s calls about fighting near Gresham Court, on the western side of Frederick, in the early morning hours of Nov. 18, 2007.

While Lattimer characterized the altercation between Gray and a friend as “acting the fool, like young people do,” Karp painted a more serious picture of the fight between two young men that prompted neighbors to call 911.

When Torres responded, he saw three young men on the sidewalk, and a woman in a car. When he demanded they show their hands and get down on the ground, two complied, while Gray turned his back, then turned around with his hands in his pants, both lawyers said in their opening statements.

Karp told the jury that all the men were “verbally resistant.” Torres shot Gray in the chest with the Taser, and he fell to the ground, with his hands pinned under him. When he did not show his hands, Torres delivered the second shot.

“That doesn’t mean he had something in his hands. It may mean he’s stupid or it may mean he’s drunk … but he continued to be a threat to the deputy,” Karp said.

Witnesses for the Gray family will testify that Gray’s hands were by his side, Lattimer said.

Lattimer told the jury that Torres delivered the second shot while Gray was on the ground unconscious, and did nothing to help him. Karp disputed the allegation, and said Torres did “nothing wrong.”

“And even if he did, he did not cause this young man’s death,” Karp said.

Torres allegedly used the Taser a second time on Gray because he would not show the deputy his hands while on the ground after the first shot. The state medical examiner, scheduled to testify later this week, named the cause of death “undetermined” and noted that a Taser had been used.

The medical examiner found nothing abnormal during the autopsy, Karp told the jury, but that Gray’s blood-alcohol level was .23, a level he said is “consistent with binge drinking.”

Maryland state law considers a person with a blood-alcohol level of .08 as too drunk to drive.

“That young man didn’t deserve to die because, at 20 years old, he had too much to drink,” Lattimer said.

The Gray family is seeking $145 million in damages against Frederick County, the Sheriff’s Office and Torres, and amount Lattimer said in an interview was set to “indicate the seriousness of the suit.” The jury can determine a specific award if it finds in favor of the Gray family.

The Sheriff’s Office and Frederick County were split from the original suit, which can be revisited later.

County attorney John Mathias said the reason for splitting the suit is that the liability of Frederick County and the Sheriff’s Office only comes into play if it can be determined Torres did not receive proper training in the use of Tasers. Mathias said the chances of that are “slim.”

Sheriff Chuck Jenkins (R) was in the courtroom, but had to leave when Lattimer told Karp he wanted to put Jenkins on the witness stand during the trial. Attorneys said the trial will likely last this week and perhaps into the next.

A Frederick County grand jury found no criminal wrongdoing in the death of Gray.

Bipolar Man's Death by Taser Needs Jury Trial

One to watch, maybe the U.S. test case on how tasers will be used in the future in the United States of America - no more indiscriminate use!!!!

January 17, 2012
Tim Hull, Courthouse News Service

(CN) - Police may be liable for the death of a man who was shot twice with a Taser by a police officer trying to make him stop directing traffic naked, a federal judge ruled.

Brian Cardall, 32, had a psychotic episode in the car while he and his wife, Anna, were driving near Hurricane, Utah, with their infant daughter in June 2009.

Unable to get Brian back in the car, Anna called the Hurricane City Police Department. Officer Kenneth Thompson and Police Chief Lynn Excell found Brian standing in the road, completely naked and trying to direct traffic, when they arrived at the scene.

Thompson told Brian to get down on the ground 13 times, according to deposition testimony. After Brian failed to comply, Thompson deployed his stun gun twice at Brian without warning. Excell put Brian in handcuffs as officers radioed the paramedics. While waiting for the arrival of paramedics, however, a third officer noticed that Brian had stopped breathing and lacked a pulse. Brian was pronounced dead at the hospital.

Brian's widow, children and parents raised a series of constitutional and state-law claims against Officer Thompson, Chief Excell and the city of Hurricane.

Though the defendants claimed qualified immunity, U.S. District Judge Clark Waddoups ruled said the disputed facts make the case ripe for a jury.

Most significantly, there are "conflicting eyewitness accounts" as to whether the naked, unarmed man posed enough of a threat to the officers to justify the use of the Taser.

While the officers testified that Brian had "charged" Thompson, Anna Cardall and a passing motorist gave a different story, saying that he merely "turned toward the officer" or took "one small step" his way.

"If Brian suddenly charged at Officer Thompson in a violent manner, then he may have posed a threat to the police and there would be considerable justification for the Tasing," Waddoups wrote.

"If, on the other hand, Brian simply turned towards Thompson, or was taking a few steps in various directions as he had been since the officers arrived on the scene, then he was not a threat," the Jan. 11 decision states. "Brian was a considerable distance from the road, and did not verbally threaten the police, himself, or his family. He was naked and clearly unarmed, and outnumbered by the officers on the scene, who significantly outweighed him and were about to be joined by additional backup. If the facts are viewed in the light most favorable to Anna's claim, then Brian did not pose a threat."

"Brian was Tased although he was not guilty of any serious crime or attempting to flee," the judge added. "If all factual disputes are resolved in favor of Anna, Brian was not a threat to the officers who impatiently Tased him when, in his confusion, he was slow to comply with their demands. Tenth Circuit case law, as well as authority from other jurisdictions, explicitly holds that Tasings under similar circumstances violated clearly established Fourth Amendment law."

Immunity does protect the defendants from three claims alleging that officers violated Anna's constitutional rights by holding her illegally and failing to get her husband medical treatment.