Tag Archive for: TASER

A Taser delivers an electrical charge that disrupts muscle function. The devices are carried on the officer’s non-gun side and they’re often made of brightly colored material. The purpose of these two important details is to prevent officers from confusing the non-lethal Taser with their definitely lethal handgun.

There are also handcuffs available that are capable of delivering an electrical charge to the wearer. These cuffs (stun cuffs) are often used when transporting jail or prison inmates, especially potentially dangerous or high-risk prisoners.

Stun belts are also available, especially for use in prisons. Prison guards/corrections officers (CO’s) train with the belts and are often called on to demonstrate its effects. Officers refer to the experience as “riding the belt.”

You know, many years ago officers didn’t have the luxury of non-lethal devices, such as Tasers, pepper spray, cages in police cars, rubber bullets, bean bags, etc. Instead, we had to rely on fast talking and sheer muscle power to get out of jams.

Sometimes, the only thing that kept us from getting hurt, badly, was using a heavy metal flashlight to deliver a gentle “love tap” to an attacker’s thick skull (an aluminum shampoo). Of course, that’s no longer an option, but the tactic saved my butt more than once. And there’s one such event will forever stand out in my mind.

Rechargeable flashlight

While arresting an unruly man, a guy who just happened to be twice my size (and I’m not small), my future prisoner who was already madder than a mosquito in a mannequin factory, decided he was allergic to handcuffs. And, during a brief struggle, my neck somehow wound up in the gentle grasp of the behemoth’s skillet-size hands. In other words, he was choking me with every ounce of strength he could muster. I couldn’t breathe, and I knew then how it must feel to be the icing inside a pastry bag, because he was squeezing so hard that I thought my eyes would squirt from their sockets at any moment.

The thug had me pinned against a wall in a position that made going for my gun (a .357 in those days) impossible. However, I finally managed to get a hand on my metal Maglite. So I starting swinging (short strokes because of the odd angle), hoping to force the guy to release his grip. Finally, after several hard thwacks and whacks to his head, he let go. And, as they say, it was game on! I went at him like a duck on a June bug.

I finally got that enormous moose handcuffed. However, my car was not equipped with a cage to put him in for safekeeping (none of our cars had cages back then), so I made him ride up front with me. And I made a point to let him know that my gun was in my hand with my finger on the trigger, and if he so much as looked at me wrong I’d shoot him. He behaved nicely on the ride in.

Aluminum and Plexiglass divider that we did not have but wished we did.     ——————->

My prisoner and I must have been a real sight when we arrived at the jail—clothes torn, badge ripped from my shirt, bloody lips, flashlight-shaped knots on his head, fingerprint-shaped bruises on my neck, and more. But that was how it was back then.

Yep, those were the good ‘ol days …

Aluminum and Plexiglass divider that we did not have but wished we did.



“Seats” for Virtual MurderCon interactive event are filling quickly!

I urge you to sign up asap to reserve your spot at this unique opportunity, one that may never again be available. This is a live event, presented in realtime. Q&A is available at the end of each presentation. In addition, the final session is live panel and Q&A discussion with each of the experts. So have your questions ready, because this is the time to gather the extraordinary details that will make your book zing with realism.

Registration to the Writers’ Police Academy special event, Virtual MurderCon, is scheduled to end at midnight, July, 31, 2020. However, registration will close when all spots are filled, and it certainly looks like the event will soon be sold out. Again, this is a rare opportunity for writers to participate in virtual, live and interactive, “for law enforcement eyes only” training. This incredibly detailed, cutting-edge instruction has never before been available to writers, anywhere. Until now.

The 2020 stellar cadre of instructors include (to name a few) David Alford, a retired FBI Special Agent with 21 years of experience investigating violent crimes, terrorism and other cases. He was one of the founding members of the FBI Evidence Response Team (ERT) and conducted crimes scene searches on domestic and international violent crimes and bombings, including the Polly Klaas kidnaping and murder, the Unabomber’s cabin, and the 9/11 Pentagon scene. He worked in the Denver and San Francisco field offices and completed his career at Quantico in the FBI Lab ERT Unit. During the 6 years in the FBI Lab, he was primarily responsible for overseeing and teaching basic and advanced crime scene courses throughout the US and many other countries.

In the 6 years before the FBI, David was a Forensic Serologist, Hair and Fibers Examiner and Bloodstain Pattern Analyst for the Kentucky State Police Crime Lab. After retirement, David taught crime scene courses around the world on behalf of the FBI and US State Department. David has been with Sirchie as an instructor and sales representative for Sirchie’s RUVIS and ALS products for the last 10 years. David loves teaching and allowing students to learn through hands-on training.



Heather Hanna is a forensic geologist specializing in the analysis of rock fragments and mineral grains in soils as trace evidence. Since 2009, she has been involved in multiple forensic investigations and has testified as an expert witness in four first degree murder trials, the first of which set a legal precedent in Wake County for using geochemical analysis of mineral grains in court. As a result of her forensic work, she has been an invited speaker at many law enforcement conferences and continuing education programs including the Conference of District Attorneys, the North Carolina Criminal Information Exchange Network, the North Carolina Homicide Investigators Association, and the North Carolina International Association for Identification. She has also presented her forensic work at national and sectional Geological Society of America meetings and as an invited speaker for the Soils Science Society of North Carolina.



Detective Sergeant Jeff Locklear, a 21-year veteran law enforcement officer, currently works with the Fayetteville North Carolina Police Department as a homicide police specialist and training officer.

As a homicide detective he’s been involved with over 350 homicide investigations. He’s also investigated hundreds of violent felonies including rapes, robberies, aggravated assaults, and missing persons.

During his career he has responded to hundreds to death scenes such as suicides, homicides, accidental deaths, and natural and unexplained deaths.

Detective Locklear has conducted thousands of interviews of violent offenders, including cases featured on 48 hrs (The Kelli Bourdeaux murder), Swamp Murders, NCIS – The Cases They Can’t Forget: The Holley Wimunc Murder, Scorned Love Kills 2014, The Today Show, and numerous other news and media outlets, such as People Magazine and Time Magazine.

He’s a founding member of both the 2008 Fayetteville Police Homicide Squad and the 2016 Fayetteville Police Violent Criminal Apprehension Team (VCAT). In addition, he’s served as sheriff’s deputy , Forensic Technician, Patrol officer , Crimes against persons detective, homicide detective, gun and gang task force detective, and as a Violent Criminal Apprehension Team Detective.

Detective Locklear has presented cases workshops at a number of conferences and events, including the North Carolina Homicide Investigators Conference, North & South Carolina Arson Investigators Conference , Fayetteville State University (Criminal Justice), Fayetteville Technical Community College (Registered Nursing students), Methodist University, and more.

Having spent the majority of his career investigating violent crimes, Detective Locklear has a unique and vast perspective of being the first officer on scene, the Forensic technician processing the scene, the detective investigating the crime, and the detective whose task it is to track down and capture the suspects who committed the crimes. He’s a dynamic speaker who can “escort you” to a crime scene, “walk you” through what happened, “show you” who did it, and then “lead you” to where the suspect fled after committing the offense.

The recent officer-involved shooting of Rayshard Brooks by Atlanta police officer Garrett Rolfe has ignited another flame in the fervent calls against police brutality and reform.

At the heart of the situation is the use of the well-known electric control device (ECD) known as TASER.

It was during the arrest of Mr. Brooks for DUI when he decided to escape custody by struggling with the two officers at the scene, Garrett Rolfe and Devin Brosnan. During Brooks’ violent attempt to flee, he and the two officers fell to the ground where the struggle continued. Brooks was able to overpower the officers and even punched one of the officers in the face.

Brosnan, who was the first officer to respond, attempted to use a TASER on Brooks in an attempt to gain control. This was a justifiable action by Bronson, to use a level of force that was necessary to overcome Brooks’ physical resistance to arrest. But Brooks gained control of Brosnan’s TASER, taking it from him before fleeing on foot.

How much force is reasonable?

Law enforcement officers should use only the amount of force necessary to gain control of an incident, to make an arrest, or protect themselves or others from injury. But they should always use the amount of force necessary to make the arrest. Nothing more and nothing less. In most cases, though, this amounts to nothing more than an officer asking or telling a subject to place their hands behind their back for handcuffing.

The levels of force police use include basic verbal commands, physical restraint which sometimes involve pain compliance techniques/tactics, TASERS, pepper spray, beanbag rounds, pepper spray, batons, etc. And lastly, lethal force when there’s threat of death or serious bodily harm to the officers or others.

Was the Rayshard Brooks incident similar to that of George Floyd?

The Brooks incident was wholly different than what occurred in the George Floyd case. We saw no resistance from Floyd during the time Chauvin and  other officers applied pressure to his body, slowly draining the life from Floyd as the world watched precious seconds tick by.

In the Atlanta case, Brooks absolutely physically resisted a lawful arrest, assaulted an officer, and then forcibly took/stole Bronson’s TASER, and fled. Then, during a brief foot pursuit Brooks turned slightly toward Officer Garrett Rolfe and pointed and fired the stolen TASER at the officer.

A Deadly Weapon?

There’s a debate about whether or not a TASER is a deadly weapon and, if not, was the officer justified in shooting Brooks. On the other hand, if a TASER is indeed a deadly weapon as some are saying, then obviously the use of deadly force against Brooks, or anyone, fits the criteria and is justified.

Earlier this month, Fulton County, Georgia  District Attorney Paul Howard charged six Atlanta police officers with using excessive force in pulling two college students out of a car during a protest. When announcing charges against some of the officers, Howard said a Taser is considered a deadly weapon under Georgia law. Here he is, on video, making the statement during a press conference earlier this month. He made the statement when announcing that he was charging police officers with using excessive force when using  a TASER while arresting college students during a protest.

However, in the Brooks case, just a few days after incident with the college students, DA Howard had apparently decided that a TASER is not a deadly weapon when it is forcibly stolen from a police officer and then deployed against another police officer. He charged Rolfe with felony murder.

By the way, to take something from someone by force or intimidation is considered robbery, a felony.

Either way, there’s a wrinkle in the case and that’s that Officer Rolfe shot Brooks in the back. But there are details that are extremely important. Such as …

The incident was caught on video and we clearly see Rolfe chasing behind Brooks. Each of the two men are clutching a TASER in their right hands. Keep in mind that this all occurred within mere seconds.

While fleeing from the officers, with the stolen TASER in his right hand, Brooks turned/twisted his upper body slightly to his right, looking back over his shoulder toward Rolfe. He aimed the TASER at Rolfe as a portion of his back is visible to Rolfe. His hips and legs still faced forward and he’s still running away from the officers.

Still running away from the officers, with Rolfe in somewhat close pursuit, Brooks fired the TASER at Rolfe. As the weapon was deployed it emitted a brilliant flash of light that’s quite similar to a muzzle flash of a handgun that can be clearly seen, especially so at night. It’s similar to a camera flash that hinders vision for a moment or two. It’s a quick burst of bright light.

 

After discharging the TASER Brooks continued his escape from custody.

 

At the time Brooks fired the TASER setting off the flash of bright light, Rolfe tossed his TASER and drew his service weapon. He then fired three rounds at Brooks.

Many say that shooting someone in the back is illegal. Well, it depends on the circumstances and, in a nutshell, it boils down to whether the officer reasonably believed at the point he pulled the trigger, that the use of deadly force was needed in order to prevent great bodily injury to himself or to others. Not a second before the trigger is pulled, but at that precise moment.

In that precise moment when an officer must make the “blink of an eye” decision as to whether or not someone’s life is in danger, including their own, if they should return fire, are there bystanders, is a dangerous criminal going to escape and go on to harm someone else, is the fleeing subject wanted for a serious offense (why else would they have assaulted two officers and then fled the scene), and, and, what-if, what-if. This, all within the blink of an eye.

Remember, a police officer’s quickest reaction time (based on a study of 46 trained officers), when they already know the threat is there, AND, with their finger already on the trigger, is 0.365 seconds. That’s certainly not enough time to take aim, yell a bunch of commands, check for passersby, look for accomplices, and, well, you get the idea.

To add to the zillion thoughts to process, this is what the officer sees and to what they must react. You tell me, is this fleeing person firing a handgun or a TASER? The flash from either could easily prevent any reasonable person from taking the distinction, especially during a highly stressful situation. It’s even more difficult to process when the incident occurs at night.

And, the image above clearly shows how and why sometimes fleeing criminals wind up with bullet wounds to the back.


For your information, and to help you better understand the charges brought against the former officers involved in the shooting death of Rayshard Brooks, here are a few applicable Georgia criminal code sections.

Actually, I’m not at all certain that Georgia law supports the charges.

Officer Rolfe was charged with felony murder for shooting Brooks. This is a crime where the deliberate intention to kill must be present. Or, if the person is actively involved in the commission of felony when a person is killed, such as when a bank robber accidentally fires a weapon inside the bank and the round strikes a teller and he dies. That’s felony murder. Plotting to kill someone and you do. That’s felony murder. Beating an elderly woman to death because she wouldn’t smile at you. That’s felony murder.

This case doesn’t meet those requirements. The DA may have slightly overcharged. Perhaps he should have waited until the investigation had concluded and perhaps he should have consulted with the state investigators before charging Rolfe and Bronson. That’s typically how it works.

In Georgia, felony murder is:

ARTICLE 1 – HOMICIDE
§ 16-5-1 – Murder; felony murder

O.C.G.A. 16-5-1 (2010)
16-5-1. Murder; felony murder

(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.

(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.


Georgia Code Title 16. Crimes and Offenses § 16-10-33

(a) For the purposes of this Code section, the term “firearm” shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

(b) It shall be unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if:

(1) The other person is lawfully acting within the course and scope of employment;  and

(2) The person has knowledge or reason to know that the other person is employed as:

(A) A peace officer as defined in paragraph (8) of Code Section 35-8-2 ;


Georgia Code Title 16. Crimes and Offenses § 16-11-106

(a) For the purposes of this Code section, the term “firearm” shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

(b) Any person who shall have on or within arm’s reach of his or her person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:

(1) Any crime against or involving the person of another;

(2) The unlawful entry into a building or vehicle;

(3) A theft from a building or theft of a vehicle;

(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance or marijuana as provided in Code Section 16-13-30 , any counterfeit substance as defined in Code Section 16-13-21 , or any noncontrolled substance as provided in Code Section 16-13-30.1 ; or

(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31 ,

and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received.

(c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by confinement for a period of ten years. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof.

(d) The punishment prescribed for the violation of subsections (b) and (c) of this Code section shall not be reducible to misdemeanor punishment as is provided by Code Section 17-10-5 .

(e) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense.


Is a TASER deadly?

In 2019, Reuters reported documenting at least 1,081 U.S. deaths involving TASER use by police. These deaths occurred since police began routinely using the electronics control devices in the early 2000s.

In 2009, these people died as a result of TASER deployment by police. Many had underlying health conditions and/or drug use/abuse that contributed to their deaths.

1. Jan 9, 2009: Derrick Jones, 17

Martinsville, Virginia

Initial complaint – Police were called to Jones’ home because of a loud noise complaint from neighbors. Jones died in his home after being shot with a police Taser.

2. Jan 11, 2009: Rodolfo Lepe, 31

Bakersfield, California

Initial complaint – Family members called police because Rodolfo was exhibiting odd and bizarre behavior. Lepe died at the hospital after being shot with a police Taser.

3. Jan 22, 2009: Roger Redden, 52

Soddy Daisy, Tennessee

Initial complaint – unknown

4. Feb 2, 2009: Garrett Jones, 45

Stockton, California

Initial complaint – unknown

5. Feb 11, 2009: Richard Lua, 28

San Jose, California

Initial complaint – unknown

6. Feb 13, 2009: Rudolph Byrd, 37

Thomasville, Georgia

Initial complaint – Byrd had been in an auto accident and was disoriented. He was also bleeding from several lacerations. The responding police officer found cocaine at the scene and attempted to arrest Byrd, who then became combative. The officer deployed his Taser, attempting to stop the threat. Byrd stopped breathing and was pronounced dead at the hospital.

7. Feb 13, 2009: Michael Jones, 43

Iberia, Louisiana

Unknown

8. Feb 14, 2009: Chenard Kierre Winfield, 32

Los Angeles, California

Unknown

9. Feb 28, 2009: Robert Lee Welch, 40

Conroe, Texas

Unknown

10. Mar 22, 2009: Brett Elder, 15

Bay City, Michigan

Unknown

11. Mar 26, 2009: Marcus D. Moore, 40

Freeport, Illinois

Moore, a wanted fugitive, fought with police when they attempted to apprehend him. Officers deployed their Tasers to help effect the arrest and Moore soon began to complain of shortness of breath. He was pronounced dead upon arrival at the hospital.

12. Apr 1, 2009: John J. Meier Jr., 48

Tamarac, Florida

Unknown

13. Apr 6, 2009: Ricardo Varela, 41

Fresno, California

Unknown

14. Apr 10, 2009: Robert Mitchell, 16

Detroit, Michigan

Mitchell, who weighed 110 pounds and stood 5’2″ tall at the time of arrest, was in custody and undergoing a pat down search by police when a struggle began. The officer deployed his Taser and the boy died. Autopsy results revealed the boy had a heart condition that, when aggravated by the Taser blast, caused the death.

15. Apr 13, 2009: Craig Prescott, 38

Modesto, California

Prescott, a jail inmate, struggled with deputies who deployed Tasers. The coroner ruled that it was the physical exertion from the struggle that killed Prescott, not the Taser.

16. Apr 16, 2009: Gary A. Decker,

Tuscon, Arizona

Initial complaint – loud noise

17. Apr 18, 2009: Michael Jacobs Jr., 24

Fort Worth, Texas

Initial complaint – Parents called police to assist with controlling their mentally impaired son.

18. Apr 30, 2009: Kevin LaDay, 35

Lumberton, Texas

Initial complaint – DUI traffic stop. LaDay ran and was shot with a Taser.

19. May 4, 2009: Gilbert Tafoya, 53

Holbrook, Arizona

Unknown

20. May 17, 2009: Jamaal Valentine, 27

La Marque, Texas

Police found Valentine rolling in a ditch. They deployed their Tasers and the subject died. Autopsy revealed a controlled substance in Valentine’s system.

21. May 23, 2009: Gregory Rold, 37

Salem, Oregon

Initial complaint – trespassing.

22. Jun 9, 2009: Brian Cardall, 32

Hurricane, Utah

Cardell’s wife called 911 asking for help with her husband who was experiencing a psychotic episode. Cardell was being treated and medicated for his condition. Here’s the wife’s 911 call.

This is actual police audio from the scene. It begins with the officer saying, “I’m 23…” That’s short for 10-23, meaning he has arrived on the scene. Listen as he fires his Taser at the man who is clearly distraught. Then you’ll hear the officers begin to notice that the man is not breathing and has no pulse.

23. Jun 13, 2009: Dwight Madison, 48

Bel Air, Maryland

Initial complaint – Homeless man knocking on doors looking for a friend.

24. Jun 20, 2009 Derrek Kairney, 36

South Windsor, Connecticut

Unknown

25. Jun 30, 2009, Shawn Iinuma, 37

Fontana, California

Unknown

26. Jul 2, 2009, Rory McKenzie, 25

Bakersfield, California

Unknown

27. Jul 20, 2009, Charles Anthony Torrence, 35

Simi Valley, California

Unknown

28. Jul 30, 2009, Johnathan Michael Nelson, 27

Riverside County, California

Unknown

29. Aug 9, 2009, Terrace Clifton Smith, 52

Moreno Valley, California

Unknown

30. Aug 12, 2009, Ernest Ridlehuber, 53

Greenville, South Carolina

Initial complaint – Ridlehuber’s family reported him as a missing person.

31. Aug 14, 2009, Hakim Jackson, 31

Philadelphia, Pennsylvania

Unknown

32. Aug 18, 2009, Ronald Eugene Cobbs, 38

Greensboro, North Carolina

Scuffle with deputies inside the local jail.

33. Aug 20, 2009, Francisco Sesate, 36

Mesa, Arizona

Unknown

34. Aug 22, 2009, T.J. Nance, 37

Arizona City, Arizona

Unknown

35. Aug 26, 2009, Miguel Molina, 27

Los Angeles, California

Unknown

36. Aug 27, 2009, Manuel Dante Dent, 27

Modesto, California

Dent swallowed a bag of methamphetamine to prevent police officers from retrieving it as evidence. An officer then placed a Taser in direct contact with Dent’s skin and fired. Dent died hours later, but autopsy results indicated that the meth he’d ingested was the cause of death, not the Taser blast.

37. Sep 3, 2009, Shane Ledbetter, 38

Aurora, Colorado

38. Sep 16, 2009, Alton Warren Ham, 45

Modesto, California

Initial complaint – Home invasion/robbery. Ham became combative with jailers so they used a Taser to get him under control. He died immediately after being shot. Autopsy results indicated that Ham had an enlarged heart.

39. Sep 19, 2009, Yuceff W. Young II, 21

Brooklyn, Ohio

Unknown

40. Sep 21, 2009, Richard Battistata, 44

Laredo, Texas

Initial complaint – Burglary in progress. Battistata was confronted by police as a burglary suspect. The officer deployed her Taser and the suspect died on the scene. Autopsy results indicated that the suspect died as a result of a cocaine overdose.

41. Sep 28, 2009, Derrick Humbert, 38

Bradenton, Florida

Initial complaint – Officer stopped Humbert for riding a bicycle after dark without a headlight.

42. Oct 2, 2009, Rickey Massey, 38

Panama City, Florida

Initial complaint – Possession of cocaine

43. Oct 12, 2009, Christopher John Belknap, 36

Ukiah, California

Unknown

44. Oct 16, 2009, Frank Cleo Sutphin, 19

San Bernadino, California

Initial complaint – Fight call

45. Oct 27, 2009, Jeffrey Woodward, 33

Gallatin, Tennessee

Unknown

46. Nov 13, 2009, Herman George Knabe, 58

Corpus Christi, Texas

Initial complaint – Man riding a bicycle against the flow of traffic.

47. Nov 14, 2009, Darryl Bain, 43

Coram, New York

Initial Complaint – Bain’s brother called police asking for help because Bain was high on cocaine.

48. Nov 16, 2009, Matthew Bolick, 30

East Grand Rapids, Michigan

Initial complaint – Bolick’s father called police because he was concerned about his son’s odd behavior.


Again, the law is clear. If a police officer reasonably believes that someone is about to use deadly force on him,  the police officer is permitted to use deadly force to protect himself. We, the armchair quarterbacks, are not permitted make the determination of what was on the police officer’s mind at the moment the action took place. Besides, the determination is not based on what a reasonable civilian would do, but what a reasonable police officer would do.