Dziekanski tasered five times

December 13, 2008
Neal Hall, Vancouver Sun

New details emerged Friday as the Crown announced no charges will be laid against the four RCMP officers involved in the death of a Polish man who was Tasered on Oct. 14 last year at Vancouver International Airport.

Stan Lowe, speaking on behalf of the Criminal Justice Branch, which oversees charges and prosecutions in B.C., revealed for the first time that Robert Dziekanski had received five shocks from a Taser over 31 seconds, not two as initially announced by the RCMP.

RCMP Supt. Wayne Rideout, the team leader of an investigation conducted by members of the Integrated Homicide Investigation Team, said Friday an RCMP spokesman had initially issued incorrect information that the Taser had been deployed only twice.

The mistake was made in the rush to provide the media information immediately after the incident, he said.

"The RCMP spokesman conveyed the information he had been provided from one of the officers present at the airport. That officer did not himself deploy the conducted energy weapon," Rideout told reporters at a news conference.

Once it was realized incorrect information was released, police could not correct it because a criminal investigation was under way and police did not want influence the investigation, he said.

And while police initially called to the scene thought Dziekanski was intoxicated, the Crown revealed Friday that no drugs or alcohol were found in his system, and that he had an unopened bottle of Polish vodka with him.

Dziekanski's mother, Zofia Cisowski, was upset when told by officials on Thursday that no charges would be laid against the four officers, her lawyer, Walter Kosteckyj, said Friday.

"Her initial reaction was, 'How can you tell me a Taser was deployed five times on my son and it isn't excessive?'" the lawyer recalled.

She also questioned why officers "jumping" on her son to restrain and handcuff him wasn't considered excessive force, he said.

"They [the RCMP] said they don't have any legal responsibility," Kosteckyj said, but added that his client plans to file a civil lawsuit against police.

"They just mishandled the entire situation," said the lawyer and former Mountie.

He pointed out that Dziekanski, seconds before he was first jolted with the Taser, told police in Polish: "Have you lost your mind? What are you doing?"

"They may have followed procedure," Kosteckyj said of the police actions. "If the procedure was flawed, that's not an issue for the criminal justice system, but it is an issue for the Braidwood commission."

The Braidwood commission of inquiry into the incident and the use of Tasers by police resumes Jan. 19 in Vancouver, presided over by retired judge Thomas Braidwood.

The Crown also revealed Friday that the Taser shocks did not cause the cardiac arrest that led to Dziekanski's death, but that the actions of police in restraining and handcuffing the man were found to be a contributing factor.

Lowe told the news conference that the available evidence from the police investigation "falls short" of the branch's charge-approval standard, which is a substantial likelihood of conviction.

He said the decision was reviewed by three levels of prosecution administration, including Robert Gillen, the assistant deputy attorney-general of B.C.

The charges considered were assault, assault with a weapon and manslaughter, Lowe said.

"We were all horrified by what happened," Attorney-General Wally Oppal said Friday.

But Oppal pointed out that the law entitles police to use reasonable force, and the conclusion reached by prosecutors was that the force used was justified under the circumstances.

"The public should realize the process is not over yet," the attorney-general said, adding that the Braidwood commission will hold the officers and the RCMP accountable for their actions.

Dziekanski, 40, had arrived in Vancouver from Poland after 21 hours of travelling. He exhibited bizarre, aggressive behavior at the airport, including throwing furniture and a computer, before he was encountered by police, who responded after several people called 911.

Witnesses told police the man was "freaking out, drunk and did not speak English," Lowe explained during a news conference Friday.

"The officers attempted to talk to Mr. Dziekanski and communicate with him with hand signals for several seconds," he added. "He momentarily calmed down and dropped his arms to his side."

Then Dziekanski became annoyed and frustrated, threw up his arms, moved to his right, grabbed a stapler and held it out in his hand, Lowe said. The officers then backed away from Dziekanski and deployed Taser for the first time.

Cause of death was listed as "sudden death following restraint," Lowe said.

The officers involved were identified only by their rank and last names: Constables Millington, Bentley and Rundel, and Cpl. Robinson.

Millington was the officer with the Taser. It was revealed for the first time that the Taser was deployed three times in probe mode -- in which two electrical probes are fired at a person and conduct an electrical shock -- and twice in stun mode.

Lowe said the evidence shows Millington initially deployed the Taser in probe mode but the device appeared to malfunction because it was making a "clacking" sound, indicating the probes were not making proper contact, resulting in an incomplete electrical circuit.

After Dziekanski was on the ground and continued to struggle, Millington deployed the Taser twice more in stun mode, he said.

It took about 30 seconds after the last Taser shock for officers to restrain and handcuff Dziekanski, Lowe said.

A use-of-force expert from a police force outside the RCMP reviewed the police investigation and concluded the officers' actions were consistent with RCMP policy and training, he said.

The RCMP also disclosed Friday that two of the officers involved in the incident had been transferred to undisclosed locations after a number of "ugly" taunting incidents. Police wouldn't elaborate.

One officer remained in B.C., working on "other functions" -- not front-line duties -- and another has been suspended for an unrelated incident, said RCMP Assistant Commissioner Al Macintyre, who is in charge of criminal operations in B.C.

He said the four Mounties will cooperate with the Braidwood inquiry, which has been delayed awaiting the charge-approval decision.

The incident has been difficult for the RCMP and the officers involved, said Macintyre, who acknowledged the grief it has caused Dziekanski's mother.

"The RCMP is committed to learning as much as possible from this incident and making adjustments to its policies and practices where needed," Macintyre said.

"Since this incident, the RCMP has made a number of changes to its conducted energy weapon [Taser] policies, training, practices and reporting requirements, and we are certainly open to making further improvements," he said.

He said changes already made include: restricting the use of the weapons to incidents involving threats to officer or public safety; requiring RCMP officers to be re-certified annually on the use of conducted energy weapons; testing of the weapons themselves; enhanced use-of-force reporting; and analysis of reporting on conducted energy weapon usage.

"There are some who believe the conducted energy weapon should no longer be used by police. There is obviously a lot of emotion around this issue," Macintyre said, adding that policy decisions should be based on facts and scientific data, not emotion.

The RCMP has initiated independent electronic testing of a sampling of Tasers, including voltage variance, Macintyre said.

He said the airport death was still being investigated by the B.C. coroner service, which will hold an inquest, and the RCMP Public Complaints Commission.

MLA Mike Farnworth, the NDP public safety critic, said the Braidwood inquiry needs to answer many questions the public has about the incident and the reasoning behind the charge-assessment decision.

"There are a lot of outstanding questions the public needs answers to," Farnworth said. "I think the public will want to know why [charges were not laid] -- the logic and reasoning behind it."

Edmonton taser testing much more extensive

December 13, 2008
By RICHARD LIEBRECHT, Edmonton Sun

City cops set to have 161 stun guns checked

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

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

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

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

DIED OCT. 29

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

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

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

Latest Commentary - Quelle Surprise; no charges in Dziekanski death

December 12, 2008
From the website of Cameron Ward

Major media outlets are reporting that the Criminal Justice Branch is set to announce today that no criminal charges will be laid as the result of the death of Polish immigrant Robert Dziekanski on October 14, 2007. The decision, coming a mere 14 months after four police officers subdued the unarmed man at Vancouver Airport in an incident that was captured on film and broadcast around the world, comes as no surprise.

While the police treatment of Mr. Dziekanski certainly looked like a clear case of excessive use of force to many observers, the result of the investigation was ordained from the beginning.

In British Columbia, we still allow police officers to investigate themselves after they kill someone. The eminent former judge and legal scholar, the Hon. Roger Salhany, QC, recently described this approach as "a bad, if not intolerable, idea" (Report of the Taman Commission of Inquiry, Manitoba, 2008).

The police investigators generally spend a long time, not trying to make a case that will stick, but trying to create an airtight defence that will absolve police of responsibility for the death. Then, unlike conventional cases where the investigators recommend specific charges, they deliver a "neutral" report to Crown Counsel that contains no recommendations at all. Little wonder then that, as far as I can tell, no BC police officer has ever been prosecuted for a civilian death resulting from the intentional application of force in the 150 year history of this province.

In this case, the RCMP conducted a lengthy investigation into the incident that involved four of its members, even taking the time and trouble to fly to Poland to reportedly try to dig up dirt on the unfortunate victim. It will be interesting to see when and whether the investigators even interviewed the RCMP members involved, or whether they followed the usual practice of "debriefing" them and inviting them to contact legal counsel and submit a statement in writing at their leisure....

A public inquiry into the matter is set to resume in January.

How much evidence do you need??

Just in case you need a refresher on evidence of criminal wrongdoing on the part of the RCMP in the death of Robert Dziekanski, the undisputable video EVIDENCE is RIGHT HERE for all the world to see. At least for those who can stomach it. I have seen it, but cannot watch it again.

Kingston police refuse to test tasers

December 12, 2008
ROB TRIPP, WHIG-STANDARD POLICE REPORTER

Kingston police won't stop using their tasers and they won't conduct scientific tests on them, despite a directive from the province about the controversial stun guns.

"My position right now, and the information I'm receiving through the [Ontario Association of Chiefs of Police], is there is not a need to do that," Kingston Police Chief Stephen Tanner said yesterday.

A growing number of police departments across the country are taking all of their older model Tasers out of service for testing after an investigative report by CBC television raised questions about the reliability of the devices.

The RCMP, all police in British Columbia, forces in Winnipeg, Newfoundland, Quebec, Nova Scotia, Fredericton and York Region, near Toronto, are removing pre-2006 Tasers for tests.

The testing affects only the X26 model made by the U.S.-based company. Kingston Police use only X26s. They have 34, although only 30 are in use at a time. Four are kept in storage as backups.

The CBC investigation found that four out of 41 Tasers that were tested delivered more electricity than the manufacturer says is possible. The devices are designed to fire 50,000 volts to incapacitate a person.

Taser International says the CBC's testing procedure was flawed.

After the CBC report was broadcast, Ontario's Ministry of Community Safety and Correctional Services issued a directive to all police departments. "The ministry has instructed all police services in Ontario to test their X26 models to ensure they're functioning correctly," ministry spokesman Tony Brown told the Whig-Standard.

Tanner said it's his understanding that police were asked only to "examine" their X26s to ensure that they are "functioning correctly, according to standard training and practices."

"It doesn't say send them out, call a separate company [or] call the manufacturer and have them ... electrically tested," Tanner said. As a result, Kingston Police won't order any scientific testing to determine what voltage is being discharged by their Tasers.

"I do not believe that any will be taken out of service at this point in time," Tanner said. "They will be examined [and] we will make sure that everyone is complying with our procedures."

Kingston procedures require an officer who has been issued a Taser to test fire it, or spark test it, after it has not been used for any length of time. Taser International says this explains the CBC's faulty findings, since the weapons were not spark tested before they were examined. In a spark test, the gun is fired in drive-stun mode. An electrical current flashes between two contacts at the tip of the weapon. Tasers also can fire two metal darts that attach to a suspect to deliver the electrical charge.

Tanner does not want to deny his officers the use of Tasers. "The risk would be much greater in not having those weapons on the street, either for the officers not to have them to protect themselves or to have that alternative level of force available to them," he said.

Under Ontario regulations, only supervisors and tactical officers can carry and use Tasers.

Kingston Police have used Tasers five times this year, most recently in an incident about two weeks ago when a 23-year-old man was shot by Tasers twice during a confrontation at a home in the west end.

EDITORIAL: New Brunswick should test every taser gun

December 12, 2008
Editorial, Times Transcript

There should be no waffling on the question of whether to test tasers now in use by police forces across New Brunswick.

The stun-gun weapons have become increasingly controversial due to the number of deaths reported in the last few years, including a Moncton man who was subdued with a taser at a downtown bar in 2005.

Independent tests suggest some of the guns -- perhaps those manufactured more than three years ago -- are discharging more electric current than the manufacturer's recommended guidelines. This is akin to a police department not being sure whether the bullets they are firing at a suspect are rubber bullets or the type that explode on impact.

If the degree of force these weapons discharge is not known -- or is inconsistently applied -- every police force using tasers in New Brunswick should have every one of the weapons tested by an independent lab.

Even if all of their tasers pass the discharge test, we urge police officers to use the weapons in only the most severe circumstances. The case of Robert Dziekanski of Poland, who was tasered and died at the Vancouver Airport in 2007, should have been a sobering wake-up call to police officers everywhere.

Even a well-calibrated taser is still a powerful instrument that should be reserved as a weapon of last resort for volatile circumstances.

Police have several other weapons and strategies at their disposal. We fear tasers are still used as a matter of course, instead of a means of protection for both officers and the public.

Vancouver Mayor considers calling for moratorium on taser use

December 12, 2008
Catherine Rolfsen, Vancouver Sun

VANCOUVER - Mayor Gregor Robertson said Thursday he is considering calling for a moratorium on the use of Tasers by Vancouver police. His comment came the same day that CTV BC reported that three RCMP officers involved in the Tasering of Robert Dziekanski will not be charged. B.C.'s criminal justice branch is expected to make the announcement at a news conference today.

However, RCMP Cpl. Dale Carr of the Integrated Homicide Investigation Team said Thursday he wasn't aware of what conclusion the Crown had reached on the case.

Robertson's statement about Taser use potentially pits him against Vancouver's police chief and the president of the police union, who both say the weapon is a valuable tool. "I am concerned about Taser use, and I am looking at calling for a moratorium," Robertson told The Vancouver Sun in an e-mail interview.

Robertson, who as mayor is also the chair of the Vancouver police board, said he'll wait for a planned public presentation from the Vancouver police department on Tasers at a January police board meeting before he makes a decision. "I'm also very interested in hearing the recommendations from the Braidwood Commission," he said, referring to the inquiry by retired judge Thomas Braidwood into the use of the weapon and the death of Dziekanski last year at Vancouver International Airport shortly after he was Tasered by RCMP officers.

During his election campaign, Robertson called for a moratorium on Taser use until the weapon can be proven safe.

His remarks Thursday come amidst news the Vancouver police department has pulled more than a third of its Tasers after a media report that one model of the devices generated a higher voltage than the manufacturer's specifications.

Robertson's suggestion of a moratorium wasn't well-received by the president of the Vancouver Police Union. "As far as I'm aware, he hasn't been involved in policing in any significant way," said Tom Stamatakis. "I think he needs to be a little bit more measured in the positions he takes and wait until he fully understands all of the issues surrounding the Taser before he would take a position like that." Stamatakis said the weapon is a "vital tool" that every police officer should have, given the right training.

Vancouver Police Chief Jim Chu also said the Taser is an important piece in the police arsenal. "[It] helps the safety of the public, it increases the level of safety for the subjects, bystanders as well as police officers," he said.

In a submission to the Braidwood inquiry this spring, Chu said Vancouver police deployed Tasers 100 times in 2007, although about 25,000 people are arrested each year. "We will always be looking at information that arises, and when that information arises, we will examine it, have our experts study it and if that requires us to change some deployment policies then we will do that," Chu said.

Chu said it's unclear whether Robertson even has a say over a potential moratorium. It depends on whether the use of Tasers is determined to be a matter of policy or governance - in which case it is under the police board's jurisdiction - or an operational issue, which is dealt with by the police chief, Chu said. Even if the issue is determined to be under the board's authority, Robertson's powers are limited to persuasion or one vote in the event of a split decision.

Earlier this week, Solicitor-General John van Dongen ordered B.C.'s municipal police forces to pull all Tasers acquired before Jan. 1, 2006 out of service, following a CBC/Radio Canada investigation that revealed some older Tasers generated electrical currents that were more powerful than indicated by the manufacturer.

He also called for provincial standards for testing the weapons.

Belleville's stun guns are safe

December 12, 2008
Posted By JEREMY ASHLEY, THE INTELLIGENCER

Electronic stun guns used by Belleville police are not those noted in a CBC news report that found older Tasers emitted more power than the manufacturer promises. All of the six Tasers currently in use by the service were "purchased in the fall of 2006," said Belleville police Acting Chief Brian Harder.

Several police agencies across the country began removing some of the devices following a CBC News and Radio-Canada investigation that revealed some tasers purchased before 2005 delivered a higher level of electricity than initially noted by the manufacturer.

In Belleville, a limited number of specially-trained officers began using Tasers in 2004. However, Harder said those devices were exchanged for new models two years ago as part of a replacement program. "So we don't have any of those Tasers mentioned in the study," Harder said.

In a series of CBC-commissioned tests on 41 Tasers, four of the units delivered "significantly more current than Taser International says is possible -- in some cases, up to 50 per cent more than what is specified on the devices," according to the study.

At the city police department, only members of the tactical team and sergeants are specially trained and permitted to use the devices -- in a typical day, there are three strapped to officers on duty at any given time.

"The Taser itself is a non-lethal weapon," Harder said, "and just one of many tools we as police have at our disposal." When police first began using Tasers, statistics were kept as to whether officers "pointed or discharged" the device, he said. "So, in 2004, the Taser was used seven times -- that means we either pointed it at someone or used it." In each of the following two years, Belleville police reported the weapon was "pointed or discharged" a total of nine times.

In 2007, the department changed how statistics were kept: Tasers used by Belleville police were pulled from their holster 11 times and discharged six times. To date this year, police reported nine incidents in which a Taser was used to subdue someone. Considering officers respond to an average of 20,000 occurrences during the course of a year, "that's a pretty good record," Harder said.

"And we've never had any issues with its capabilities or the fact that it's harmed anyone other than to stop assaultive behaviour."

Alberta testing stun guns

December 12, 2008
By DOUG MCINTYRE, SUN MEDIA

The high-voltage debate over police use of Tasers has jolted the province into testing 400 older models of the controversial stun guns. All X-26 Tasers purchased by Alberta police services prior to Jan. 1, 2006, will be scrutinized in the wake of a media investigation that suggested electrical output of older models exceeded the manufacturer's specifications.

Should any discharge currents above those specs, they will be pulled from service, said Solicitor General Fred Lindsay. "The plan is to test all of the approximately 400 Tasers in question to determine if they are working within the manufacturer's specifications," he said. "We'll await the results of those tests before deciding on next steps.

"In the meantime, we will continue to work with the Canadian Police Research Centre on a standard testing protocol for police services across the country."

Analysis will begin in January and is expected to take two months. The province has not ordered any police to cease using Tasers.

The 400 shock units pulled from service are in addition to six yanked from Alberta RCMP detachments as part of a nationwide review that recalled 24 older models for testing.

Calgary police Chief Rick Hanson said he's confident in the provincial decision to continue using the Tasers during the review. He said officers always test their Tasers and cycle them through once before taking them out. About half of the force's approximately 360 Tasers will be tested.

"I would feel very uncomfortable removing Tasers as a tool for our officers on the street," Hanson said. "Absolutely, let's support the test. But let's not knee-jerk and take them off the street and put people's lives needlessly at risk."

Canadian police pull old tasers off streets

December 12, 2008
by Ronald J. Hansen and Robert Anglen, The Arizona Republic

Police departments across Canada, including the Royal Canadian Mounted Police, are pulling older Taser stun guns off the streets following a new study that found the weapons can deliver more power than the manufacturer says is possible.

Police departments in the United States, however, appear to have taken no similar action.

Taser International responded to the study, commissioned by the Canadian Broadcasting Corp., with e-mails to police departments claiming the research is flawed.

"It is unfortunate that false allegations based on scientifically flawed data can create such uncertainty," Steve Tuttle, a Taser vice president, told The Arizona Republic. Taser also said researchers redid the test after the company pointed out errors.

However, Taser's assertions about specific data flaws contradict company documents and a letter from one of its top scientists. An audio recording also shows Taser was told that no retest took place.

"No, we never did (a retest). Absolutely not," said reporter Frederic Zalac of the CBC, which commissioned the study by a U.S. defense contractor and a Montreal biomedical engineer. "It is completely untrue."

The study, released last week, found that four of 44 stun guns of the X26 model used most by police departments fired jolts that were 47 percent to 58 percent higher than the manufacturer's specifications. The four high-firing weapons were sold to two police departments in 2004.

An accompanying medical analysis concluded that the higher jolts pose as much as a 50 percent risk of inducing cardiac arrest in some people and that stun guns firing at expected electrical levels pose some risk.

Taser maintains that shocks from its stun guns can't kill.

The president of the International Association of Chiefs of Police, based in Washington, D.C., said Thursday that he was not aware of the study. Police officials with Valley departments, where most officers are armed with Tasers, have said they will evaluate it.

Canadian authorities are not waiting. Calling it a matter of national safety, the ministers of public safety for the provinces of British Columbia and Quebec in the past week ordered Tasers manufactured before 2006 to be recalled for testing and recalibration, if necessary.

"It is just to be secure, safe," said Mario Vaillancourt, spokesman for the public-safety minister in Quebec. "We want to be sure that all Tasers are safe in the province."

The order applies to Tasers being used by police officers, corrections officers and transit police. It is unknown how many Tasers could be recalled for testing.

"All impacted organizations are currently doing an inventory to determine exact numbers of devices that will require mandatory outside testing," British Columbia Public Safety Minister John van Dongen said in a written statement.

Van Dongen said his office will work with police departments to establish a standard for regular calibration of all Tasers used in the province.

Similar moves have been announced by the Mounties and police departments in Nova Scotia and Winnipeg.

For its part, Taser considers the CBC testing troublesome and wrong.

"Taser International stands behind the quality and safety of its products and is providing full cooperation and all information necessary to allay any concerns," said Tuttle, the Taser vice president.

"Taser International welcomes proper testing of its devices and has provided its factory test protocols to test laboratories in Canada so police agencies can avoid the scientific errors made by the CBC."

Taser officials have not yet addressed the issues related to the study's medical claims or issues the study raised about quality control in manufacturing or whether the stun guns' performance declines over time.

Tuttle on Thursday declined to comment on documents and a recording that contradict Taser's challenges to the study.

In an e-mail to police and others, Taser said that researchers failed to conduct a "spark test" to warm up the stun guns, which the company said is critical to getting a reliable shock reading. The company also said researchers measured the shocks using the wrong resistance level to calculate the impact of shocks on the human body.

Resistance, measured in ohms, refers to an object's ability to withstand an electrical charge. The higher the resistance level, the less effect the charge will have.

Magne Nerheim, Taser's vice president of research and development, said the study measured the Taser shocks at 250 ohms instead of the necessary 600 ohms, leading to false measurements.

However, in a May 21 letter to Canadian police officers who were testing two Taser stun guns involved in a death, Nerheim advised them to use a 250-ohm resistance.

The letter accompanied a step-by-step guide for hooking up the equipment and included an arrow pointing to an image of a 250-ohm resistor.

The testing protocol from Taser does not mention the spark test.

Taser also maintained in its e-mail to police that the CBC rested the guns after consulting with Taser. "The four devices were retested using the recommended spark test," resulting in current levels within the manufacturer's specifications, the e-mail said.

Zalac, of the CBC, said this didn't happen and supplied an audio recording of a Dec. 3 telephone conversation with a Taser representative. In it, Zalac says that no Tasers were retested using Taser's recommended spark test. Zalac tells the Taser official that one Taser was tested twice and that the results were the same, with the gun producing higher shocks than the manufacturer specified.

Tasers are in use by more than 12,000 police agencies across the United States, and police credit the stun gun with reducing officer and suspect injuries. More than 400 people in the United States and Canada have died after police Taser strikes since 2001.

Pierre Savard, a University of Montreal biomedical engineer who co-authored the Canadian report with two Americans, defended their work and the response by police in his country.

"It's a responsible reaction. It's the right thing to do," Savard said. "There's a need to know more about Tasers."

Savard said no spark test was done last summer by National Technical Systems, a California-based engineering firm that measured the electrical output for the X26 stun guns.

Instead, NTS technicians noticed unusually high electrical output from two guns and fired them again seconds after the first shot, he said.

One of the guns that was fired a second time still registered an output level that was beyond what Taser expected and could pose nearly a 50 percent risk of cardiac arrest, Savard said. Four of the Tasers in the study would not fire or could not maintain a charge.

In pointing to the safety of its products, Taser has cited an international guideline that helps doctors assess the risk of heart troubles.

But the guideline Taser referred to changed in 2007 and "very significantly" understates the risk electricity can pose to humans, Savard said.

Savard said the rule is imperfect but is widely considered more accurate than the 1987 rule used by Taser.

Taser test may spark civil suit - Dziekanski stun gun should be subpoenaed: Lawyer

December 12, 2008
Nelson Bennett, Richmond News

An independent test that has resulted in two dozen Tasers being taken out of service by the RCMP could open the door to a civil suit against its manufacturer, confirms the lawyer representing the mother of Robert Dziekanski. "I believe it was an X26," said Walter Kosteckyj, the lawyer representing Dziekanski's mother. "As to when it was produced, I don't know. The weapon should have been seized at the time and it should have been subjected to testing. We don't know any of that because the police are saying it's still ongoing."

Dziekanski, a Polish immigrant, died after he was Tasered by Richmond RCMP officers at Vancouver International Airport in October last year. The official cause of death has yet to be determined.

The incident, which was captured on videotape, has sparked a criminal investigation and a public inquiry.

The RCMP and other police forces have assured the public that the Tasers they use are tested routinely to make sure they work right. But when CBC and Radio Canada commissioned an American lab to test 44 X26 Tasers, National Technical Systems found three did not fire and four produced more of an electrical charge than the manufacturer claims they can produce.

In some cases, the current was up to 50 per cent stronger than specified. All four of the Tasers that malfunctioned were manufactured before 2005.

The tests raise a number of questions: Was the Taser used on Dziekanski the same model as those which have proven faulty? If so, will it be tested to determine whether it was malfunctioning? And if it was faulty, could the manufacturer be held liable for Dziekanski's death?

RCMP Sgt. Tim Shields will not say what model of Taser was used on Dziekanski or when the device was acquired. That information is in the hands of the Crown.

Richmond RCMP spokesperson Cpl. Nycki Basra insists the Tasers used by the RCMP are tested regularly and questions the CBC-commissioned tests. "They are routinely calibrated," Basra said. She added the RCMP has asked to see the details of the test results from CBC.

This week the RCMP pulled 24 X26 Tasers from service across Canada for testing, and Solicitor-General John van Dongen has ordered B.C.'s municipal police forces to pull all Tasers acquired before Jan. 1, 2006 out of service.

If Dziekanski's mother decides to sue in civil court, the weapon could be subpoenaed for testing. "If, in the event there's been a civil action, when civil action commences, then we can get an order to have that examined also by an expert," Kosteckyj said. "Now, that presumes it hasn't been tampered with."

If the Taser was found to have produced more of a charge than it is supposed to, that could form grounds for a wrongful death suit against the manufacturer.

But as Kosteckyj points out, any settlement that might result would be nothing like those awarded in the U.S. The wrongful death statutes in B.C. do not allow judges to award punitive damages, Kosteckyj said.

No charges for Mounties in YVR taser death

December 11, 2008
Cathryn Atkinson, CTV British Columbia

The four Mounties who were involved in the death of Polish immigrant Robert Dziekanski at Vancouver International Airport will not be charged, CTV British Columbia has learned.

B.C.'s Criminal Justice Branch is set to announce at a press conference Friday that the actions of the officers, who Tasered the agitated Dziekanski in the early hours of Oct 14, 2007, did not constitute criminal behaviour.

Dziekanski died on the floor of the airport after he was jolted at least twice with an RCMP Taser.

The officers had been called to the international arrivals section of the airport when Dziekanski began throwing furniture and a computer after wandering for hours in the customs area of the building.

He was supposed to meet his mother, Zofia Cisowski, but had stayed on the wrong side of security barriers and was confused after a 14-hour flight and a 10-hour wait for his mother.

The incident gained world-wide attention after a witness posted a video of the incident on YouTube, leading to the launch of numerous inquiries into the incident.
The video was held for weeks by the RCMP before the witness, Paul Pritchard, went public with its existence, saying it had not been returned to him when promised.

The Crown Council has been reviewing the case for the last six months to decide whether criminal charges were warranted. CTV has learned there is not enough evidence to lay charges.

The RCMP Integrated Homicide Team conducted the investigation.

Last month, Commissioner Thomas Braidwood of the Braidwood Inquiry said the RCMP officers connected to Dziekanski's death would be subpoenaed to testify at the inquiry if they did not volunteer to take part. But the RCMP said their officers could not give evidence at the inquiry with the possibility of charges hanging over them. Since the four officers have not been charged the public should now be able to finally hear their version of events. The inquiry is due to meet next on Jan. 19.

Walter Kosteky, who represents Cisowski, did not want to discuss the details of Friday's announcement, saying he had promised Crown Council not to.

Cisowski had remarried and immigrated to Canada from Poland several years before the incident, and was sponsoring her son's move to Canada. She was sent home to Kamloops from the airport after failing to find Dziekanski, who was her only child and who spoke no English.

With a report from CTV British Columbia's Lisa Rossington

B.C. government to announce if cops involved in airport taser death to be charged

December 11, 2008
The Canadian Press

VANCOUVER, B.C. — B.C.'s Criminal Justice Branch is set to announce whether any of the Mounties involved in Robert Dziekanski's death at Vancouver's airport last year will be charged.

The branch is to hold a news conference Friday morning.

Dziekanski died on the floor of the airport after he was jolted at least twice with an RCMP Taser.

He had become agitated after wandering around lost for hours after arriving from Poland.

Last month, commissioner Thomas Braidwood said the RCMP officers connected to Dziekanski's death will be subpoenaed to testify at an inquiry if they do not voluntarily take part.

But RCMP have said their officers cannot give evidence at the inquiry with the possibility of charges still hanging over them.

Nova Scotia Justice Minister orders police to stop using old tasers

December 11, 2008
By The Canadian Press

Nova Scotia police departments have been ordered to shelve an older model of Taser because of concerns they might be unsafe.

CBC News reported Wednesday that Justice Minister Cecil Clarke gave the order.

The Taser in question is the Model X26, purchased before Jan. 1, 2006.

The CBC said seven of the older stun guns are in use with the Halifax, Bridgewater and Stellarton police forces.

A CBC News/Radio-Canada investigation found that the electrical current produced by some of the older Tasers was stronger than specified by manufacturer Taser International.

Sherri Aikenhead, spokeswoman for the Justice Department, said the department went looking for the older models when it heard about the CBC’s findings.

CBC study used 'flawed data,' taser manufacturer argues

December 11, 2008
TU THANH HA and CAROLINE ALPHONSO AND IAN BAILEY, Globe and Mail

TORONTO and VANCOUVER — As more police forces withdraw older models of tasers, the controversial stun gun manufacturer is insisting its devices are safe and has offered to help test them.

Police forces in Winnipeg, Newfoundland, Quebec, Nova Scotia, Fredericton and York Region, north of Toronto, are following police agencies in British Columbia and the RCMP in removing pre-2006 taser models for tests. Ontario has ordered tests but no blanket recall of the older models.

The move stemmed from a CBC/Radio-Canada report that found four of 41 tested units discharged more current than the manufacturer said was possible. The tests involved X26 taser models manufactured before Dec. 31, 2005.

Peter Holran, a spokesman for Taser International, dismissed the report as scientifically unsound.

"It is unfortunate that false allegations based on scientifically flawed data can create such uncertainty," he said in a statement. The Arizona-based company said it has provided its factory test protocol to laboratories in Canada "so police agencies can avoid the scientific errors made by the CBC." Mr. Holran said the four stun guns that produced higher electrical currents can be explained by the lack of a spark test before the devices were used, a safety procedure required of all officers using tasers in the field.

A spark test is required because a taser that hasn't been fired for a while needs more voltage to activate, he said.

Yesterday, the Winnipeg Police Service cited the test results as it announced it was removing the X26 models from service. "I think it is a very valuable tool. But given this information with regards to these particular models, we are concerned," said Constable Jason Michalyshen. Tasers became controversial in Winnipeg when 17-year-old Michael Langan died after being tasered during a confrontation with police last summer.

The Royal Newfoundland Constabulary removed tasers from service on Tuesday. Constable Paul Davis said the RNC is awaiting the Canadian Association of Chiefs of Police's policy on tasers.

"We don't know where we're going to go at this point in time as far as testing, replacing, repairing, that type of thing," he said. "That decision will made some time in the future."

The RNC suspended its purchase of stun guns for front-line officers last fall following the death of Polish immigrant Robert Dziekanski after a tasering incident at Vancouver International Airport.

In Quebec, Public Security Minister Jacques Dupuis has ordered that all tasers manufactured before Dec. 31, 2005, be systematically tested by the provincial crime lab, in addition to random audits on later models.

Vancouver Police have completed an inventory of pre-2006, X26 model tasers. Sixty-three of the 171 tasers in the VPD will be taken out of service for further testing. This follows a request yesterday by Solicitor-General John van Dongen asking municipal police forces around B.C. to recall pre-2006, X26 models from service for further testing. In Ontario, the Ministry of Community Safety has instructed police services to check their X26 models, department spokesman Anthony Brown said yesterday.

York Regional Police Chief Armand La Barge said concerns surrounding tasers purchased prior to 2006 resulted in the force pulling 14 of its 31 tasers from service. "They will be tested before any consideration is given to having them put back into circulation," he said.

"We are looking at having a process in place whereby we would be examining all our tasers on an ongoing basis."

Toronto Police, Canada's largest municipal force, previously replaced its old tasers, and no longer has any that were purchased before 2006.

Other forces say their devices function properly. "We're quite confident our tasers are all in good working order," said Constable Wayne Patterson of the Peel Regional Police. "They are tested regularly each time they are taken out."

City police plan to review Taser safety

Yesterday, Barrie police announced that their tasers were working properly and that they would not pull them off the shelf. Today, the Barrie Examiner reports that Barrie police plan to review its tasers.

So, which is it???

SHOCKING FINDINGS
Posted By RAYMOND BOWE, Barrie Examiner

Barrie police will review its Tasers after a report found some older models provided by U. S. law enforcement generated an electrical current exceeding manufacturer specifications.

"It would be foolish for us not to look into it," Barrie Police Chief Wayne Frechette said yesterday. "If we're using something that is causing trouble, we'll stop using them until they're working properly."

The CBC found that four of 41 working X-26 units-- all manufactured before 2005 -- generated a current exceeding specifications, in some instances 50 per cent stronger than intended.

Taser International disputes the public broadcaster's findings.

The Barrie police department has 36 Tasers, including 29 X-26 models, but none of which it says were made prior to 2006. The other seven are M-26 units.

Tasers emit a blueish bolt of 50,000 volts, snapping loudly at the end of the device.

Barrie police began using Tasers in 2004. They are carried by tactical officers and patrol sergeants.

Yesterday, Frechette asked Insp. James Farrell, head of operational support, to look into the department's Tasers, to see when they were manufactured and whether there are any issues.

"It's not the sort of thing you want to find out a year later (if there was a problem)," Frechette said. "We will do anything we have to do to make sure they're up to scratch."

Tests are conducted daily to ensure the unit's battery and internal display are functioning correctly. An internal test is done monthly, where all of the information on a unit's memory is downloaded.

Any malfunctioning Tasers are removed from service and sent back to the manufacturer for repair or replacement.

Last year, Barrie police officers responded to more than 50,000 calls, and Tasers were used 31 times, which includes displaying the weapon as a deterrent. Their use has declined each year since their introduction.


December 10, 2008
Barrie Advance

BARRIE COPS WON'T GIVE UP TASERS

The Barrie Police force isn't pulling its tasers off the shelf.

The Royal Canadian Mounted Police (RCMP) and other police forces in British Columbia decided Wednesday to stop using Tasers made before 2006, to have them tested for their voltage.

The 24 Taser Model X-26, which was sold across Canada, is under review because when used, their current measured at double the percentage listed. The Fredericton Police Force is also running tests on 20 of its Tasers.

“Their Tasers are not working properly and none of ours are affected by the decision made in BC,” said Sgt. Robert Allan with the Barrie Police Service. “We are using ones that are up to date.”

Barrie officers use the 29 Model X-26 Tasers. Allan couldn’t say how often a Taser was used this year, but said the numbers have declined each year. In 2007, Barrie officers fired a Taser 20 times – using it twice on four occasions. Officers also pulled a Taser out for intimidation 11 times last year.

The last time a Taser was reported being used was in June, when officers were called to a rooming house on McDonald Street about a man threatening to stab other tenants. When police confronted the 34 year old, he became upset and violent. Officers used the Taser to make a safe arrest.

Allan said officers are trained to recognize when a Taser isn’t working properly, and should report it. Tasers are examined daily, and internal tests are done each month to ensure they are still working.

Calgary: Older tasers on way out

December 11, 2008
Gwendolyn Richards, Calgary Herald

Amid growing concerns about the safety of stun guns, the Alberta government is expected to ask police forces today to begin a phased withdrawal of an older model Taser so they can be tested.

The same model was pulled by the RCMP and police forces in B.C. for safety testing within the past week.

Model X26 Tasers acquired before 2006 were recalled by the national police force following a CBC report that said tests on that model showed some of the units were generating more power than the manufacturer's specifications.

B.C.'s solicitor general followed suit on Monday.

It's unclear how many of the model are in use by municipal forces in Alberta.

However, unlike the RCMP and police forces in B.C., Alberta won't withdrawn its X26 stun guns all at once, sources said.

Liberal solicitor general critic Kent Hehr hopes Alberta will go further still, pulling the stun gun model from service permanently and undertaking a full-scale study into Tasers' voltage, whether they are safe and whether the province has implemented appropriate Taser-use policies.

"I would recommend a full investigation on Tasers, whether those things are safe for human beings to be zapped with them and in what situations," he said Wednesday.

Hehr added he'd like to see the province adopt the RCMP's policy on Taser use, which, he said, is stronger.

The announcement comes on the fourth day of a fatality inquiry examining the death of a Red Deer man after he had been jolted three times by the stun gun as RCMP officers tried to subdue him in August 2006. Jason Doan died three weeks later in hospital after going into cardiac arrest following the Taser deployments. A medical examiner testified Monday that Doan had a pre-existing heart condition.

More than 25 people across the country have died after they were Tasered.

Of the 24 model X-26 Tasers the RCMP has recalled for testing across Canada, six were from Alberta, said Cpl. Wayne Oakes.

"They've gone in for independent testing," he said.

The establishment of a quality control program would be a welcome move in Alberta, said Stephen Jenuth, president of the Alberta Civil Liberties Association.

Jenuth said the CBC's investigation shows clearly the weapons may not work as advertised.

In an e-mail statement from Taser International, spokesman Steve Tuttle said the company welcomes proper testing, saying the tests undertaken on behalf of the CBC included "scientific errors."

Officer testifies tasered man said 'Please help me'

December 11, 2008
Richard Cuthbertson, Calgary Herald

Lying on his stomach, his head turned to the side, Jason Doan said "please help me"moments after he was Tasered for the final time.

This is according to RCMP Const. Bea Jay Kiziak, who said those words were the only coherent thing she heard Doan utter as police wrestled to handcuff the 28-year-old man.

Officers who testified Wednesday at the fatality inquiry into the circumstances surrounding Doan's death described struggling to arrest the man, noting he seemed to have incredible strength.

"He was extraordinarily strong, no sense of pain," Kiziak said.

Another officer, Const. Chris Kosack, had, during an earlier foot chase, been struck in the head by a potato fork handle wielded by Doan. Kosack said Doan's strength during the arrest was at a level he'd never seen before.

The inquiry heard Wednesday that Doan was punched multiple times in the face, kicked once, struck with a baton around five times and Tasered three times as three Red Deer City RCMP officers tried to handcuff the man. Shortly after Doan was arrested on Aug. 10, 2006, he went into cardiac arrest. Three weeks later, he died in hospital.

It was Kiziak who first noticed that Doan's face had turned purple moments after he was handcuffed. She radioed for an ambulance, and told dispatch that paramedics should hurry.

Kosack ran to his police vehicle and grabbed a CPR mask.When he returned, Kiziak said, she had to put the mask together as Kosack's hands were shaking. Kosack and another officer began giving Doan CPR until paramedics arrived.

Meanwhile, the three RCMP officers who testified Wednesday said there was nothing they could have done differently as they tried to arrest Doan.

They also testified that before the incident they had little or no knowledge of "excited delirium."

The inquiry heard testimony on Monday that Doan was likely in a state of excited delirium. The doctor who did the autopsy could not say if Doan was in the state at the time of the incident as he based his assumption on RCMP reports. Those in excited delirium, caused by a brain chemical imbalance, can be violent, exhibit superhuman strength and a higher tolerance to pain.The doctor also told the inquiry the Taser did not kill Doan.

Kosack initially tackled Doan before the other officers arrived to the scene.

The constable testified he had received a call on his radio about a man who seemed erratic and agitated, breaking windows in a Red Deer neighbourhood. He spotted Doan, who fit the suspect's description, and yelled for him to stop.

Doan took off, Kosack said, and the officer ran after the man. But as Kosack rounded a minivan, Doan hit him over the head with the handle or shaft of a potato fork. Kosack said the hit grazed his head and sent him toward the ground. Doan, he said, took off again.

After a brief pursuit, Kosack said, he managed to take Doan to the ground. As they wrestled, Kosack yelled for help. A civilian came to his aid and tried to hold Doan's legs.

But Doan kept struggling, Kosack said. The officer testified he tried to get the man's arms behind his back and into hand-cuffs by punching him multiple times in the face as Doan lay on his stomach. Kosack said he told Doan to relax his arms so he could be handcuffed. It was to no avail. Kiziak arrived, and said she saw Doan and Kosack grappling on the ground. She testified she kicked Doan in the side, saying "he didn't flinch,"before she tried to pull one of his arms behind his back.

"He was far too strong for me," she testified. "I wasn't getting anywhere."

Moments later, a third officer, Const. Jason Vedder, came on scene. Vedder testified he took out his Taser and warned Doan he was about to use it. He then Tasered the man in the lower back.Doan had no reaction to this, Vedder said. The officer tried again, warning Doan, before stunning him a second time with the Taser. This had a better effect, as officers were able to get one arm.

A third hit with the Taser allowed police to finally get the cuffs on Doan, Vedder said.

Kosack and Kiziak testified they only remember the Taser being used twice.

Kosack told the inquiry he believed it had been a good idea to use the Taser, as no other "avenues" seemed successful in arresting Doan.

Taser International disputes CBC/Radio-Canada testing as 'flawed'

December 10, 2008
CBC News

Taser International is responding to moves by several Canadian police agencies to pull some stun guns off the streets for testing following a recent CBC/Radio-Canada investigation into the devices, saying the U.S. laboratory tests commissioned by the CBC and Radio-Canada are "flawed."

Three of the X26 Tasers tested by U.S.-based lab National Technical Systems as part of a CBC/Radio-Canada investigation into the devices. (CBC) In written releases to news agencies, the Arizona-based company says the CBC investigation made scientific errors by failing to spark-test the weapons before firing them, which the company recommends to police officers.

However, Taser International's testing protocol used by CBC doesn't call for a spark test before conducting measurements. In addition, the CBC test found some units still delivering higher current after the equivalent of a spark test.

Taser International is also criticizing the CBC tests over the way the tests replicated electricity moving through a human body, which is measured in ohms.

The CBC tests followed the company's protocol and written instructions from Max Nerham, Taser International's vice-president of research and development. Nerheim advised using a resistance of 250 ohms when testing the Taser. After seeing the CBC test results, the company is saying that resistance should have been 600 ohms.

Statement by Taser International spokesman Peter Holran:
"It is regrettable that false allegations based on scientifically flawed data can create such uncertainty. Taser International stands behind the quality and safety of its products and is prepared to provide the assistance and information necessary to allay any concerns.

Taser International welcomes proper testing of its devices and has provided its factory test protocols to test laboratories in Canada so police agencies can avoid the scientific errors made by the CBC. Using proper test protocols will ensure that going forward decisions are not based on scientifically flawed data such as was presented in the CBC report.

According to the data provided by CBC from its test, ALL 41 Taser devices tested produced energy outputs consistent with the expected outputs published by Taser International. It also is apparent from the data that four devices each produced what can only be explained as an anomaly in peak current during one of six firings — the first firing of each device tested at 250 ohms — most likely the result of the testers failing to spark test the Taser device before the test — a requirement made to all officers and agencies in the training as a check for proper function and to condition electronic components."

The tests, conducted by the U.S.-based lab National Technical Systems, found about 10 per cent produced more electrical current than the weapon's specifications. The malfunctioning Tasers were manufactured before 2005.

This week, municipal police forces in B.C. joined the RCMP in suspending the use of all Tasers bought before Jan. 1, 2006.

Solicitor General John van Dongen said Tuesday the weapons will be tested to ensure that the electrical currents generated are consistent with the manufacturer's specifications.

"We are establishing a provincial standard for both testing and calibration so that we know that all of the equipment that's in service meets the required specifications," he said.

Van Dongen said the government has taken the action in the interest of public and officer safety.

Other police forces make similar moves

Meanwhile, other police jurisdictions across the country are also planning to test the older Tasers in the wake of the CBC/Radio-Canada investigation. Ottawa police are removing some of their Tasers from service and testing others.

The Ottawa police tactical and explosives unit has 32 Tasers, nine of which were manufactured before 2005, confirmed Staff Sgt. Mike Maloney, who is in charge of the unit. All nine older Tasers will be retired and replaced with newer devices.

The rest, all newer units, will be re-tested, even though they met standards in earlier tests, Maloney said. "We're just going to make sure we have the data to show that, yes, these Tasers are working properly."

The Winnipeg Police Service is also planning to remove older Tasers from service.

Police will decide in due course whether older X26 models of the stun guns will be tested and returned to service or new equipment will replace the old ones, a police spokesperson said Wednesday.

Of 191 Tasers in the Winnipeg police arsenal, 41 have serial numbers indicating they are older X26 models — made before 2005.

On Wednesday, Nova Scotia's justice department ordered police forces in the province to stop using the older Tasers.

Quebec was the first province to respond to the CBC/Radio-Canada testing.

On Dec. 5, the day after the test results were made public, Quebec's public security minister immediately ordered all police departments to take Tasers older than 2005 off the streets.

Police use of Tasers has generated intense public concern after Polish immigrant Robert Dziekanski died at Vancouver International Airport more than a year ago. An RCMP officer hit him with a Taser shortly before his death.

The Braidwood Inquiry, which has been looking at the use of Tasers and circumstances surrounding Dziekanski's death, will continue to examine the use of the weapons by municipal police, SkyTrain police, sheriffs and corrections officials in the second phase of the public hearing.

Statement by Taser International spokesman Peter Holran:

"It is regrettable that false allegations based on scientifically flawed data can create such uncertainty. Taser International stands behind the quality and safety of its products and is prepared to provide the assistance and information necessary to allay any concerns.

Taser International welcomes proper testing of its devices and has provided its factory test protocols to test laboratories in Canada so police agencies can avoid the scientific errors made by the CBC. Using proper test protocols will ensure that going forward decisions are not based on scientifically flawed data such as was presented in the CBC report.

According to the data provided by CBC from its test, ALL 41 Taser devices tested produced energy outputs consistent with the expected outputs published by Taser International. It also is apparent from the data that four devices each produced what can only be explained as an anomaly in peak current during one of six firings — the first firing of each device tested at 250 ohms — most likely the result of the testers failing to spark test the Taser device before the test — a requirement made to all officers and agencies in the training as a check for proper function and to condition electronic components."

Officer recounts tasering during inquiry of man's death

December 10, 2008
Richard Cuthbertson, Calgary Herald

A Red Deer City RCMP officer testified Wednesday that he was astonished that Jason Doan continued to battle as officers tried to subdue and arrest the man.

"The way his strength was, it's something I'd never seen before," Const. Chris Kosack told the fatality inquiry examining the circumstances of Doan's death.

Doan was Tasered by another officer during the fight on Aug. 10, 2006. He went into cardiac arrest and died in hospital three weeks later.

On the day of the arrest, Kosack said dispatch radioed him that someone was breaking windows in a Red Deer neighbourhood.

Kosack noted Doan, who fit the description of the suspect. He yelled for the man to stop, but Doan took off. Kosack ran after him, but as he rounded a mini-van, Doan struck him on the head with the handle or shaft of a potato fork.

Kosack said the hit grazzed his head and sent him towards the ground. Doan, he said, took off again and Kosack resumed his chase.

After a brief pursuit, Kosack said he managed to tackle Doan. The man was stronger than the officer and as they wrestled Kosack yelled for help. A civilian witness came to his aid and tried to hold Doan's legs down.

But Doan kept struggling Kosack said. The officer testified he tried to subdue the man by punching him multiple times in the face as Doan lay on his stomach. Kosack said he told Doan to give up his arms he could be handcuffed. It was to no avail.

Another RCMP officer arrived, and she kicked Doan in the side, Kosack said. Moments later, a third officer came and Tasered the still struggling Doan, Kosack said.

The first Taser hit did nothing. But after the second, Kosack said officers were able to get Doan under control and handcuff him.

It was shortly after fight that Kosack said he heard one of the other officers say that Doan was turning blue. Kosack said he rushed to his police vehicle and retrieved a CPR mask. He returned to Doan and Kosack said he and another officer began giving the man CPR until paramedics had arrived.

Kosack told the inquiry he believed it had been a good idea to use the Taser, as no other "avenues" seemed successful in arresting Doan.

Winnipeg police pull some tasers out of service over concerns about bigger jolts

December 10, 2008
The Canadian Press

WINNIPEG — Winnipeg police have become the latest law enforcement agency to pull some of its Tasers out of service over concerns they may give a bigger jolt of electricity than specified by the manufacturer.

In a news release, Winnipeg police say recent tests conducted by National Technical Systems determined that a number of devices manufactured before 2005 may conduct a higher electrical current than first thought.

The review applies to all X26 models acquired before 2005.

Law enforcement officials in British Columbia are also pulling those same models out of use.

In Fredericton, N.B., officials say they will test the models that they have, but won't pull them out of service.

Tasers pass safety tests, say New Zealand police

New Zealand police are assuring the public that the new tasers being issued to frontline officers are SAFER than those used in North America because their new tasers were manufactured in 2007. Have they actually tested those tasers independently to confirm that they do indeed conform to the manufacturer's specifications? If critical problems exist with tasers manufactured prior to 2006, how can the New Zealand police say with any credibility that those same problems don't exist on the new model unless they DO test them? And how can they know for certain that the guts from tasers manufactured pre-2006 haven't been transplanted into some of the newer tasers?

December 10, 2008
EMILY WATT - The Dominion Post

Armed police in Wellington and Auckland have been equipped with Tasers in the first stage of a national rollout of the 50,000-volt stun guns.

This comes as Canadian police have withdrawn 24 Tasers for testing after research found some guns delivered up to 58 per cent more charge than they should.

Of 44 Tasers tested from United States police agencies, four weapons produced from 47 per cent more to 58 per cent more power than the manufacturer said was possible. All four faulty weapons were sold in 2004.

Testing scientists claimed the higher electrical current was enough to raise the risk of an irregular heartbeat to as much as 50 per cent for those with existing heart troubles.

Taser International has challenged those findings and maintains the stun gun is safe.

A police spokesman said New Zealand Tasers were not affected by the Canadian reports as they were manufactured in 2007. Those used in the trial in 2006 had all been re-tested.

Police Commissioner Howard Broad decided to issue Tasers this year after a trial in 2006 to 2007.

Superintendent John Rivers said selected Auckland and Wellington staff would get Tasers first and other staff would begin their training in February. The weapons would be fitted with video cameras to help accountability.

"We are very conscious of the need to reassure people that this new technology is designed to provide greater safety for police and members of the community when dealing with violent incidents."

Man stressed before taser death: hearing

December 10, 2008
Gwendolyn Richards, Calgary Herald

The stress of trying to find work, in the face of dwindling finances and a looming fight for full custody of his then three-year-old daughter was mounting on Jason Doan in the weeks leading up to his arrest by RCMP.

The 28-year-old had completed an eight-week welding course, but was still struggling to find an employer in August 2006. He was lonely. And his daughter's maternal aunt was threatening to take the little girl to stay on the Tsuu T'ina reserve, where Doan would no longer have access to her.

His older sister Surya Doan watched the impact the stress was having on him while he stayed at her Red Deer home in the last few weeks of July and early August that year.

"He was grappling with all this stuff," she said Tuesday, at a fatality inquiry examining the circumstances of Doan's death. "This young man probably could not take one more thing that day."

But it remains unclear exactly what prompted Doan on Aug. 10, 2006 to act in such a bizarre manner that ultimately led an RCMP officer to deploy a Taser three times in an effort to subdue him.

Following the three shocks, Doan went into cardiac arrest. He died three weeks later in Red Deer Regional Hospital.

Surya told those gathered in the Red Deer courtroom that her brother had no history of mental illness, nor was he on any prescription or non-prescription drugs in the time leading up to the incident.

He had been making great strides ahead in his life, between completing his studies and working toward finding counsel to help him gain custody of his daughter, she said.

"He was really stepping into new avenues of his life," she said.

However, he also had been drinking more--going out all night and sleeping until noon a handful of times--and had several conversations with his sister about wanting to go live in the woods where it was safe, after hearing news reports about terrorism and the war in Iraq.

Surya doesn't know where her brother stayed the night before the incident and only through the inquiry have two-year-old questions begun to be answered.

The process has been emotional.

Surya fought to contain her tears while testifying Tuesday afternoon as she talked about conversations with the RCMP following the Tasering and how she kept questioning why her little brother was jolted three times.

During the morning's testimony, Anthony Makowski -- a civilian who became involved in the arrest after reporting Doan's strange behaviour in his neighbourhood to police--said even after the first two Taser deployments, Doan was still resisting arrest and could not be subdued.

Makowski had been out doing yard-work when he first heard Doan screaming and yelling as he walked down the residential street.

He could see Doan was carrying a rock larger than a softball and the broken handle of a pitchfork as he made his way toward Makowski's house.

Makowski testified Doan was"freaking out" and threatening to kill anyone who got in his way.

Doan dented Makowski's truck and threw the rock through his sister's car window before heading into the alley.

Makowski said he called 911, then got into his truck and drove parallel to the alley with both windows open so he could track Doan.

He said he feared someone, particularly children in the area, could get hurt.

A police cruiser pulled up behind him and the officer went into the alley, Makowski said.

The officer later reappeared further down the street, holding his head.

"He goes, 'Try and stop that guy,'" Makowski said.

So when Doan came out from behind some houses, Makowski pulled his truck in front of him and "jumped on"Doan after the officer did.

Makowski said it didn't' appear the officer had any control.

"It was flipping and flopping and fighting and wrassling," he said.

As Makowski sat on Doan's upper legs and the officer fought to get him cuffed, a female RCMP officer came over and was struck by Doan, Makowski told the inquiry.

More officers arrived and one finally said to "settle down or I'll Taser you," Makowski said.

When Doan failed to relax after the first hit, the officer deployed a second, then a third.

Then Doan went calm.

When officers flipped him over onto his front seconds later, he was already going blue.

An emergency physician who gave medical care to Doan when he was brought to the hospital after the incident said paramedics told him Doan had no heartbeat and no blood pressure when they arrived.

They were able to get back a heartbeat, but the doctor said Doan never showed any neurological response.

Dr. Lyle Thomas also testified Doan had bruising to the inner crook of his arm, and his lower back, along with two small wounds in the same area, potentially from where the Taser was applied.

Doan died on Aug. 30 after his heart stopped.

Dr. Regina Donnelly testified the swelling on Doan's brain, low blood pressure and pneumonia were among the factors that contributed to his heart stopping.

Since his death, Doan's daughter has moved in with Surya, who now has custody.

Surya said not a day goes by when the little girl doesn't ask about her dad.

"Telling the truth is not a possibility," Surya said.

The family has filed a wrongful-death suit against a number of individuals and organizations, including Makowski.

Their claim has not been proven in court.

Police to get tasers despite overseas concerns

December 10, 2008
The New Zealand Herald

New Zealand police are to receive tasers from today though their Canadian colleagues have just announced they are retesting some of their stun guns after a critical report.

The tasers are set to be distributed to the police's Armed Offenders Squad members in Auckland and Wellington.

But the Royal Canadian Mounted Police has come under increasing pressure over its taser policy after a report found the weapons could fire excessively strong charges. The 24 weapons to be tested were manufactured before 2006.

An official Canadian report in September found that the Mounties had not done enough research on the dangers of tasers before approving the weapons for use.

Amnesty International has said the weapon is linked to more than 290 deaths in North America since 2001, and not enough is known about potential health risks, such as heart failure.

Police here have said the weapon is needed as a non-lethal option.

New Zealand police project manager Superintendent John Rivers said some general duties police officers will receive training in the use of the taser in February next year.

He said the tasers will be fitted with an audio and video device that will begin recording when the weapon is used.

"Stringent instructions have been developed based on the findings of the trial. These provide very clear operating guidelines and, in the event of any inappropriate use of the taser, set down procedures for action to be taken," Mr Rivers said.

He said the taser will not be routinely carried by police officers. Officers' will need to obtain permission from their supervisor or a communications centre supervisor before taking the weapon to an incident.

"Before the application of a taser the officer involved must
have an honest belief that the subject (offender), by age, size, apparent physical ability, threats made, or a combination of these, is capable of carrying out the threat posed and that the use of the taser is warranted.

"We are very conscious of the need to reassure people that this new less-lethal technology is designed to provide greater safety not only for police staff but also members of the community when dealing with violent incidents," said Mr Rivers.

A year-long trial of tasers in New Zealand ended in August last year.

Police fired the taser 20 times during the trial and also drew the stun gun over 120 times.

The Canadian Broadcasting Corporation has reported that Canadian police have used the taser 4,000 times since its introduction in 2001. More than 20 people have died in Canada after being shot by the taser.

Worker affidavits allege Taser problems

December 9, 2008
CTV - ctvbc.ca

CTV News has obtained court documents that suggest thousands of Tasers may be defective. The documents are the words of insiders -- factory workers at the Arizona plant which makes the controversial devices.

The workers expressed concern about the stun-guns firing excessive electrical charges in affidavits signed for a 2005 lawsuit.

The lawsuit was brought against Taser International by its own shareholders, who were concerned the company had not disclosed safety deficiencies.

Some former Taser workers at the Scottsdale factory believed some of the weapons should not have been shipped out from the factory, and alleged that there was a serious lack of quality control in the factory.

One employee expressed concern in a signed statement about how the Tasers were firing inconsistently, stating "sometimes it [a Taser unit] would go really, really fast and sometimes real slow, sometimes it wouldn't do it at all and sometimes it wouldn't quit."

Another employee claimed defective units were shipped, but did not know how many because "Taser failed to closely weed out bad product."

According to the court documents, as many as 6,000 weapons were returned in one month alone because of alleged defects.

The former employees also claimed defective Tasers that had been returned were sawn open, the high voltage circuit boards were removed and "simply put in new casings with new serial numbers and sent out again without the flaws actually being rectified."

Taser settled the lawsuit for $20 million.

In Canada, Liberal public safety critic Ujjal Dosanjh expressed his opinion that the employee allegations are alarming

"If they weren't true, they wouldn't be settling for $20 million dollars with the claimants, with their own shareholders," said Dosanjh.

"If these allegations are correct, the manufacturer has been selling retreaded weapons in a sense, as original and brand new."

This comes as B.C.'s Solicitor General announced that B.C. municipal police forces will pull the plug on all Tasers acquired before 2006 over concerns they may generate shocks higher than the manufacturer specifies.

John van Dongen said Tuesday that municipal chiefs of police unanimously agreed to the remove the older shock weapons from service after testing showed the voltage sometimes exceeded the weapon specs.

B.C. Corrections, the provincial sheriff's service and transit police will also stop using the pre-2006 Tasers and van Dongen said RCMP, too, have called older Tasers in for immediate testing.

Earlier, concerns had led the RCMP to order testing for 24 older Tasers.

Quebec's justice minister ordered certain models of the Taser off that province's streets.

With a report from CTV British Columbia's Peter Grainger

Police forces in British Columbia and New Brunswick to test tasers

December 9, 2008
Globe and Mail - The Canadian Press

B.C. municipal police forces will pull the plug on all tasers acquired before 2006 over concerns they generate shocks higher than the manufacturer specifies.

Solicitor General John van Dongen said Tuesday that municipal chiefs of police unanimously agreed to the remove the shock weapons from service after testing showed the voltage sometimes exceeded the weapon specs.

B.C. Corrections, the provincial sheriff's service and transit police will also stop using the pre-2006 tasers and Mr. van Dongen said RCMP, too, have called older tasers in for immediate testing.

“The [conducted energy weapons] will be tested to ensure they generate electrical currents consistent with manufacturers' specifications,” the provincial Public Safety Ministry said in a statement.

Each organization has undertaken an inventory to determine the number of devices that will need mandatory outside testing, the ministry said.

In New Brunswick, the Fredericton Police Force will also check voltage readings on conducted-energy devices used by its officers.

Constable Ralph Currie said Tuesday the department will have its tasers checked out by an independent tester.

The Fredericton force has 20 of the devices, which can produce 50,000 volts.

“We're looking at where we can have some independent testing done,” Constable Currie said. “We want to ensure that what we have and what we are using does by documentation meet with the manufacturer's recommended guidelines.

“We're pretty confident that the tasers we're using do meet those guidelines.”

The decisions come after recent tests commissioned by CBC News and Radio-Canada.

The tests found that out of 41 guns tested, four discharged more current than the manufacturer Taser International said was possible.

The examination was conducted for the CBC and Radio-Canada by National Technical Systems, a U.S.-based firm, using X26 model tasers. The weapons were from seven American departments that agreed to participate on condition of anonymity.

The X26 is widely used by the RCMP and many other police forces across North America. The four tasers that malfunctioned were amongst the oldest, manufactured prior to 2005.

Fredericton's Constable Currie said the force is checking its tasers and looking at the manufacturer's dates.

British Columbia police pull Tasers from service to test voltage

December 9, 2008
The Canadian Press

VANCOUVER -- B.C. municipal police forces will pull the plug on all Tasers acquired before 2006 over concerns they generate shocks higher than the manufacturer specifies.

Solicitor General John van Dongen said Tuesday that municipal chiefs of police unanimously agreed to the remove the shock weapons from service after testing showed the voltage sometimes exceeded the weapon specs.

B.C. Corrections, the provincial sheriff's service and transit police will also stop using the pre-2006 Tasers and van Dongen said RCMP, too, have called older Tasers in for immediate testing.

"The (conducted energy weapons) will be tested to ensure they generate electrical currents consistent with manufacturers' specifications," the provincial Public Safety Ministry said in a statement.

Each organization has undertaken an inventory to determine the number of devices that will need mandatory outside testing, the ministry said.

B.C. city police forces have agreed to research and establish a regular calibration for all stun guns and the solicitor general says RCMP in the province have been asked to comply.

"The provincial government has taken this action in the interest of public and officer safety following concerns raised by recent independent testing of the devices," the ministry statement said.

Use of the shock weapons by police forces has come under greater scrutiny since the death of Robert Dziekanski at Vancouver International Airport over a year ago after he was jolted at least twice with an RCMP Taser.

A public inquiry looking specifically at Dziekanski's death is scheduled to get underway in January.

The first part of the inquiry last fall looked generally at the use of shock weapons by law enforcement agencies. A report on that phase of the inquiry is expected soon.

Man dies during arrest in Minneapolis

December 9, 2008
Minneapolis Star Tribune

Quincy Smith, 24

The suspect in a domestic assault died early this morning after he fought with Minneapolis police officers and was shot with a Taser police say.

Officers were called to a home in the 1000 block of Knox Avenue N. at around 12:45 a.m. to investigate a report of a domestic assault by a man armed with a rifle, according to Sgt. William Palmer.

Officers found the man on the street and tried to arrest him. He resisted and officers shot him with a Taser, Palmer said.

After the man was subdued, he appeared to be having medical problems, and officers called for an ambulance. The suspect was taken to Hennepin County Medical Center where he died, Palmer said.

The man's name and cause of death will be released later by the Hennepin County Medical Examiner's office.

The five officers involved in the arrest were put on a standard administrative leave, as Homicide and Internal Affairs officers investigate.

The investigations are continuing.

RCMP to test some Tasers after CBC investigation

December 9, 2008
CBC News

The RCMP says it is pulling some of its Tasers for testing after a CBC News and Radio-Canada investigation found some of the stun guns deliver a higher level of electricity than the manufacturer promises.

Three of the X26 Tasers tested by U.S.-based lab National Technical Systems as part of a CBC/Radio-Canada investigation into the devices. (CBC)
In a release issued Monday, the RCMP said it will remove 24 units for analysis.

"Given concerns raised by recent CBC/Radio Canada broadcasts, the RCMP has undertaken a review of its national inventory of Conducted Energy Weapons (CEWs) and has identified 24 Taser Model X-26 units acquired by the RCMP prior to January 1st, 2006," the release said.

"It has directed that these units be removed from service and undergo testing."

In a series of CBC-commissioned tests on 41 stun guns, four of the units delivered significantly more current than Taser International says is possible. In some cases, the current was up to 50 per cent stronger than specified on the devices.

The four abnormal X26 model Tasers were manufactured before 2005, prompting some scientists to suggest police should stop using any older versions of the stun guns until they can be tested.

CBC/Radio Canada broadcast the test results on Dec. 4.

Upon learning about the CBC investigation in early November, the RCMP says it pulled a random sample of 30 of the force's Tasers for independent testing at MPB Technologies Electronic Centre.

The 30 Tasers included 15 M26 units and 15 X26 units. The RCMP said preliminary results showed all units tested within the manufacturer's specifications and accepted variance limits of plus or minus 15 per cent.

"Although we are awaiting a final report, the RCMP can confirm that all our CEW units tested were within the manufacturer's specifications," the release said.

In light of CBC's investigation, however, the RCMP said it is pulling an additional 24 X26 units for testing, all of which were acquired before the beginning of 2006.

May deteriorate with age: engineer
"The steps taken by the RCMP to remove some CEWs from service and to conduct tests is part of our ongoing effort to ensure our policies and practices continue to be appropriate and are based on the best available information," the release said.

The RCMP does not know how long it will take to test the 24 units, Sgt. Greg Cox told CBC News Tuesday.

Nearly all stun guns, also known as conductive energy weapons, used by police forces are manufactured by Arizona-based Taser International Inc. The devices are intended to incapacitate people with an electric shock.

Pierre Savard, a biomedical engineer at the University of Montreal who designed the technical procedure for the CBC's testing, said the cause of the increased current could have been either due to faulty quality control during the stun guns' manufacturing or electrical components that deteriorate with age.

In a written response to the results of CBC's investigation, Taser International's vice-president of research and development, Magne Nerheim, called the four malfunctioning Tasers an anomaly — one that could be explained if the weapons are not spark tested on a regular basis.

All Tasers tested as part of the CBC investigation were provided by seven police departments in the U.S. and analyzed by the U.S.-based lab National Technical Systems.

The CBC showed the results to several electrical engineers as a peer review of the analysis. They agreed that at the very least, the Tasers made before 2005 should not be used again until they are tested and proved reliable.

Conducted Energy Weapons - Testing Initiated by the RCMP on Electric Output Issues

December 8, 2008
Government of Canada Newsroom - news.gc.ca

OTTAWA, December 8, 2008—Given concerns raised by recent CBC/Radio Canada broadcasts, the RCMP has undertaken a review of its national inventory of Conducted Energy Weapons (CEWs) and has identified 24 TASER Model X-26 units acquired by the RCMP prior to January 1st, 2006. It has directed that these units be removed from service and undergo testing.

On December 4th and 5th, 2008, CBC/Radio Canada aired several reports focusing on performance tests they commissioned on 44 Model X-26 TASER CEWs at an independent U.S. testing facility. The RCMP was referenced as being a major Canadian user of the weapon.

A key focus of the reports was that four of the 44 X-26 TASER units the CBC had tested generated electrical currents above the manufacturer’s specifications and accepted variance limits of 15%. Each of those four CEWs were manufactured prior to 2005. The CBC did not provide information on where the tested units came from other than to say they were provided by seven U.S. police agencies.

In the course of preparing its reports the CBC met with the RCMP, on November 4th, 2008, and indicated that test results showed that some TASER units were operating outside the manufacturer’s specifications.

As the RCMP’s primary concern is public safety and officer safety, the RCMP asked the CBC on four separate occasions for a copy of its test results. The CBC declined those requests until December 5th.

In the absence of further information from the CBC, the RCMP collected a sample of 30 CEWs from its Divisions across the country and contracted an accredited, independent research centre, MPB Technologies Electronic Centre, to test them.

The 30 TASER units tested for the RCMP included fifteen M-26 units and fifteen X-26 units. Testing was completed on December 5th, 2008. Although we are awaiting a final report, the RCMP can confirm that all our CEW units tested were within the manufacturer’s specifications.

The steps taken by the RCMP to remove some CEWs from service and to conduct tests is part of our ongoing effort to ensure our policies and practices continue to be appropriate and are based on the best available information.

In the last year the RCMP has made a number of improvements to its CEW policies, training, practices and reporting requirements, including:

Restricting the use of CEWs to incidents involving threats to officer or public safety;

Requiring RCMP officers to be re-certified annually on the use of CEWs; and,

Enhanced use of force reporting.

The RCMP believes that when used appropriately by officers who are properly trained, the CEW is a useful tool which contributes to the safety and security of the public and our police officers.

The RCMP will continue to work with the Commission for Public Complaints Against the RCMP, other police services, medical experts and others to further enhance our policies, training, practices and reporting requirements relating to use of force, including the CEW.

The RCMP therefore welcomes the announcement by the Canadian Association of Chiefs of Police (CACP) Board of Directors that they will convene a summit of key national players in mid-January to develop a CACP policy on CEWs. The RCMP is looking forward to participating in the process.

Kaye stands behind Tasers

December 9, 2008
Posted By MARIA CANTON, OWEN SOUND SUN TIMES

The city's police chief says he has no plans to test the service's four Tasers despite a report that claims some early models fire up to 50 per cent more electrical current than billed.

The report prompted the RCMP to announce it will test a cross-section of its devices.

Chief Tom Kaye calls the public attention devoted to Tasers emotional "hysteria" and has instead opted to bump up the release date of a national "best practices" document on the much-maligned police tool in an attempt to educate the public about the science behind the device.

"Nobody, anywhere has ever been able to link one of these devices to anybody dying, ever. That's a fact. And I realize that the people who are opposed to them and want them banned don't appreciate the fact that science is not on their side and they have nothing else to argue except humanity and emotion, but that shouldn't be used to set public policy," said Kaye, who is also vice-president of the Canadian Association of Chiefs of Police and the chair of the national Taser committee writing the best practices policy.

"Given the hype that continues around this, we need to put this report out soon and into the hands of the public. They need to be reassured that we are looking at these things and we certainly take them very seriously, but we need to show the truth behind the devices."

The committee originally planned to release the document in late spring, but is now aiming for mid-January, due in part to a scientific review commissioned by the CBC and Radio- Canada that concluded four of the 41 model-X26 guns tested fired more electrical current than manufacturer Taser International said was possible.

Kaye says the testing was faulty, explaining that the devices must be spark-tested daily, an act that charges or warms up the device, something that wasn't done during testing for the CBC. The CBC, however, defends its testing method, stating Taser International protocol made no mention of spark-testing.

Owen Sound Police Services has four Tasers, two of which are the X26 models that were the subject of the CBC report. The other two are newer M26 models. In Ontario, only sergeants or tactical team officers can carry conductive energy devices. There are five sergeants with the city police.

"There's still no evidence that excessive voltage can be transferred out of the device. The higher voltage is in a separate ignition system that doesn't transpose itself into an electrical current that can travel down the wires to the darts," said Kaye.

Tasers, which can deliver up to 50,000 volts of electricity, have been under intense public scrutiny since the death of Robert Dziekanski, who died at the Vancouver International Airport after RCMP used a stun gun to subdue him in October 2007. The incident was captured on video by a witness and broadcast across the country.

Many of the deaths that have occurred after someone has been Tasered have been attributed to "excited delirium," a heightened state of distress in which a person acts agitated, violent, tends to sweat profusely and is seemingly impervious to pain. Often, the victim's heart begins to race and eventually stops.

Amnesty International has repeatedly made calls for a total ban on Tasers.

But Kaye maintains that, "at the end of the day, there is not one piece of scientific evidence . . . that has linked a Taser, even casually, to the death of any individual anywhere."

"We don't plan on doing any testing. There's nothing to indicate that our Tasers are malfunctioning . . . and what we're doing is reiterating to our people that they have to follow the protocols, but certainly nothing would indicate to us they're not," he added.

Doctor says taser not to blame for death

December 9, 2008
Gwendolyn Richards, Calgary Herald

A Red Deer man who was shocked three times with a Taser did not die as a result of the weapon, but partly because of a pre-existing heart condition, a fatality inquiry heard Monday.

Jason Doan, 28, was also in a state of "excited delirium"when RCMP officers found him smashing vehicle windows on Aug. 10, 2006.

It was the combination of these two factors that contributed to his death from cardiac arrest and not the shocks from the Taser, said Dr. Sam Andrews, who performed the autopsy, on the opening day of the nine-day hearing.

But the doctor also testified he could not determine from the autopsy that Doan was in a state of excited delirium at the time of the incident, only that he made that assumption based on the RCMP's report of how Doan was acting that day.

Doan was allegedly smashing vehicle windows in an alley when officers were called to respond.

After a chase, an officer shocked him with the Taser to subdue him. Doan went into a coma and was in hospital for three weeks before he died. In previous reports, witnesses said they saw the man using the handle of a pitchfork to attack one of the officers before the Taser was used on him.

People in a state of "excited delirium" --a brain chemical imbalance--often exhibit violent behaviour, superhuman strength and higher levels of pain tolerance. It can be exacerbated by drugs, alcohol or mental illness.

Andrews testified toxicology reports indicated there were no drugs or alcohol in Doan's system and that he had no psychiatric history.

Members of Doan's family were present for the proceedings.

"The aim of the inquiry is first of all the truth," the family's lawyer, Will Willier, told CHCA News. "And after the truth, we're looking for recommendations to prevent it from happening again. We want it so that Mr. Doan didn't die for nothing."