Legal Juice

It won't surprise you, after watching the video below, that this woman filed a lawsuit. You can read more here.

Why chase a non-violent suspect who is the subject of a "suspicious person" call when you can just Tase him? If you don't know that The Juice is opposed to the frequent overuse of Tasers, then you must be a new reader. When used appropriately, the Taser is a good law enforcement tool. So is a gun, but that doesn't mean you go all Wild West with it unless you have to. In yet another case of Taser overuse, check out this report out of Florida, per News-press.com:

Responding to a suspicious person call, an officer approached Martinez [who is homeless] as he was sleeping on a lawn chair by the pool around 1 p.m. at the complex at 4904 Vincennes St.

Clearly this suspicious man, who was SLEEPING on a lawn chair was a serious threat. Why wait until he runs to Tase him? Should have done it while he was sleeping. After all, he was trespassing.

While the officer was asking him questions, Martinez bolted across the pool deck.

Okay, now he's clearly a threat to [fill in the blank]. So ...

The officer deployed his Taser, hitting Martinez in the lower back.

In the process, Martinez rolled into the canal and swam across.

The officer then found Martinez hiding in an apartment rented by an acquaintance. When officers entered, Martinez escaped through the back door and was chased down by officers, who lost hold of him because he was still slippery from the swim.

Not a good day for the boys in blue, or Mr. Martinez.

Martinez was Tasered again but continued resisting and was Tasered several more times before being handcuffed.

So that's AT LEAST four times this suspicious man was Tasered. And lest you think he did nothing, other than trespass and run:

The tenants of the apartment also told police $8 was missing from a baby collection jar. The money was found in Martinez’s pocket and returned.

Whew. Cape Coral residents can now emerge from their closets and under their beds. The streets are safe again! And what of Mr. Martinez?

He was ... taken into custody and ... charged with burglary, petit theft, loitering and prowling and resisting arrest without violence.

Click here for the source, which includes a mug shot of Mr. Martinez.

What's next? Tasing every pulled-over motorist before requesting a license and registration? For god's sake man, you don't have to tase someone just because you can! Here's a ridiculous story out of Cincinnati, as reported by WKRC:

A St. Paris, Ohio man, not even registered in the Flying Pig Marathon, caused quite a commotion at the race Sunday morning.

Not registered? Tase him!

Police say 35-year old Brett Henderson was running down the course completely naked.

Naked? Tase him!

Officers told him several times to stop and get in a police cruiser, but Henderson did not listen.

Not listening? Tase him!

Police took him into custody in front of the Greyhound Bus Station on Gilbert Avenue, after using a taser on him.

The Juice doesn't know where the offficer aimed the taser, but if he had to guess ... Here's the source.

Think of the last place a man would want to be kicked? Well, the same goes for being tased. Just ask the Arizona police officer who got zapped there. Per The Arizona Daily Star:

A Nogales police officer who claims his former sergeant used a Taser on his genitals last February has filed a federal lawsuit against the Police Department and former sergeant.

Yeowwww!

According to the lawsuit, Sgt. Sergio Bon "aggressively" pushed a clipboard holding citations at Officer Pedro Molera when Molera placed the clipboard on Bon's desk on Feb. 8, 2010. Bon then unholstered his Taser, removed the front cartridge and pointed it at Molera, the lawsuit states.

When Molera responded "Are you going to use it? Go ahead," Bon placed it on Molera's penis over his clothes and squeezed the trigger for a "couple of seconds," the lawsuit states.

[Police Chief] Kirkham previously confirmed Bon, an 18-year veteran, resigned as a result of the incident, and acknowledged Bon would likely have been terminated had he not submitted his resignation.

You can read more here.

It was a bad day for Hamilton County, Ohio's finest, but not nearly as bad as it was for John Harmon. Mr. Harmon, a diabetic, was suffering from low blood sugar when a police officer noticed he was driving erratically. So, after the police pulled him over, officers smashed Mr. Harmon's window, dragged him out of the car, tased him seven times, and just basically shit-stomped him. As reported by the Cincinnati Enquirer:

John Harmon was coming off a late night at work when he left his downtown marketing firm for his Anderson Township home just after midnight in October 2009.

The 52-year-old longtime diabetic's blood sugar levels had dipped to a dangerously low level causing him to weave into another lane.

A Hamilton County sheriff's deputy spotted him on Clough Pike and suspected drunken driving. What happened over the next two minutes and 20 seconds should never happen to anyone, Harmon said.

Deputies broke the window of Harmon's SUV, shocked him seven times with a Taser, cut him out of his seatbelt and wrestled him to the ground, severely dislocating his elbow, and causing trauma to his shoulder and thumb.

You can read a lot more, and see a video from one of the police cars, here.

Oh no you didn't just taze my 86-year-old granny. They did, at least that's one of the allegations in a Complaint recently filed in federal court in Oklahoma by Lona Varner and her grandson Lonnie Tinsley against the City of El Reno, Oklahoma and a few of its police officers. Here are some of the allegations from the Complaint:

On or about December 22, 2009 the plaintiff Lona M. Varner was in her apartment at 1955 S. Shepard Ave, Apt. 703, El Reno, Oklahoma, in her hospital-type bed. She was also connected to a portable oxygen concentrator with a long hose.

Yes, granny was in bed, on oxygen ... Enter Lonnie:

A severe winter storm was moving into the area and Ms. Varner’s grandson, LonnieD. Tinsley, came to the apartment to check on her at the request of his father, now deceased; because Lona Varner is 86 years-old and in marginal health, she takes several prescribed medications daily; Lonnie’s grandmother was unable to tell him exactly when she had taken her meds, he was concerned and called 911 to ask for an emergency medical technician to come to her apartment to evaluate her.

911, so here comes an ambulance, EMTs .... Nope.

As many as ten El Reno police ... came to the apartment and pushed their way through the door.

Ms. Varner told them to get out of her apartment. Instead, the apparent leader of the police (Duran) instructed another policeman to “Taser her!” He stated in his report that the 86 year-old plaintiff“took a more aggressive posture in her bed,” and that he was fearful for his safety and the safety of others.

Really, can you make this stuff up? No doubt the officers involved will make that case.

Lonnie Tinsley told them, “Don’t taze my Granny!” to which they responded that they would taser him; instead, they pulled him out of her apartment, took him down to the floor,handcuffed him and placed him in the back of a police car.

The police then proceeded to approach Ms. Varner in her bed and stepped on heroxygen hose until she began to suffer oxygen deprivation.

The police then fired a taser at her and only one wire struck her, in the left arm; thepolice then fired a second taser, striking her to the right and left of the midline of her upper chest and applied high voltage, causing burns to her chest, extreme pain and to pass out.

Sweet Mary. If these allegations are true, The Juice can think of some tasering that ought to be done.

The police then grabbed Ms. Varner by her forearms and jerked hands together,causing her soft flesh to tear and bleed on her bed; they then handcuffed her.

What about Lonnie?

The police freed Lonnie Tinsley from his incarceration in the back of the police carand permitted him to accompany the ambulance with his grandmother.

Lona Varner was transported by paramedics to Parkland Hospital in El Reno wherethe burns to her chest and the torn flesh on her arms were treated.

Ms. Varner was transported in the early morning hours of December 23, 2009 fromParkland to St. Anthony’s Hospital in Oklahoma City where she was placed in the psychiatric wardat the direction of the El Reno police; she was held there for six days and released.

Wow! What a bizarre case. Thanks to The Bike Lawyer, Steve Magas (www.OhioBikeLawyer.com) for bringing this to The Juice's attention via Courthouse News.

Here's the entire Complaint on www.courthousenews.com.

Really? You're going to use a taser (in the back!) on a guy who posed NO THREAT to anyone? Have you read the manual? Even used properly, people die, Jack. Think about it.

For more taser posts, scroll down a bit, and enter "taser" in the "Search This Blog" box.

I told you not to tell me that! Per Arkansas Online:

Ozark Police Chief Jim Noggle said age is not a factor in determining when his officers use a Taser on someone.

Noggle said Tuesday that officer Dustin Bradshaw used his Taser last week on a 10-year-old girl who was kicking and combative with Bradshaw after her mother called police.

According to a report filed by Bradshaw on Nov. 12, the officer was called to an Ozark home for a domestic problem. The girl was on the floor of the house screaming and crying. She refused to follow her mother’s instructions and the mother told Bradshaw to use his Taser.

Bradshaw carried the girl to the living room and told her she was going to jail, according to the report.

“While she was violently kicking and verbally combative, [the girl] struck me with her legs and feet in the groin,” Bradshaw wrote in the report.

“The subject was actively resisting arrest at this time,” Bradshaw wrote. “I was having a difficult time placing the cuffs on her and administered a very, very brief drive stun to her back with my Taser. She immediately resisted and was placed in handcuffs.”

The girl would not walk on her own so Bradshaw carried her to his police car.

She was taken to the Western Arkansas Youth Shelter in Cecil.

The girl’s father has been in contact with police, Noggle said, and he is upset the officer used a Taser.

It would appear that Mr. Octavian Borges is Taserproof. Check this out, from The Courier Mail:

A North Queensland man, aged 21, has stunned police by proving impervious to a Taser deployment and casually removing the barbs - not once but three times.

Octavian Borges casually removed the barbs fired into his upper body by police during a tense situation at Townsville on Monday.

He was Tasered again twice, but on both occasions only one barb made contact and the weapon could not make a circuit.

The incredible situation developed after Borges allegedly stole a car from a Garbutt address early Monday morning.

He was chased by the vehicle's owner until he became bogged at Rowes Bay.

A brutal roadside fistfight then broke out sparking a flood of Triple 0 calls to police from passers-by.

When a crew arrived, a bleeding Borges ran off towards an RSL retirement village where he is alleged to have broken into an elderly lady's apartment.

As officers entered the unit Borges was alleged to be rifling through a cutlery drawer and removed an item placing it under his shirt.

When he approached officers in a threatening matter and refused to drop the object a Taser was presented.

He failed to comply so the weapon was deployed with the barbs hitting him in the shoulder and rib area.

Incredibly, the Taser appeared to have no effect on him and he removed the barbs, taunting police with “is that the best you’ve got?”

He then ran off out of the apartment with stunned police following close behind.

He was approached and Tasered a second time, but only one of the barbs made contact – which he again pulled out.

A third deployment was also unsuccessful and Borges allegedly pulled out a torch he was hiding under his shirt.

When police realised he was not armed with a knife, they approached him and after a short struggle were able to physically restrain him.

He was taken to Townsville Hospital for treatment for a drug-related condition and the injuries he suffered in the roadside fight.

Police said the Tasers involved in the incident had been sent to Brisbane for testing to ensure they were functioning properly.

Borges was charged with enter with intent, unlawful use of a motor vehicle and multiple counts of obstructing police and appeared in Townsville Magistrates Court on Tuesday.

He was remanded in custody until his next hearing on Monday.

Can a jail cell hold this guy?

So this homeless man in Lancaster, Ohio got burned by a taser. And I mean literally "burned." Per the Lancaster Eagle Gazette,

Officers said they spotted a man -- later identified as [Mr. Daniel C.] Wood -- allegedly placing the end of a can in his mouth then running away.

When the police caught him and tasered him, his chest caught on fire. The fire was extinguished and ...

Wood faces charges of assaulting a police officer, resisting arrest and abusing harmful intoxicants. His bond is $5,000.

To read more (a fair amount), click here. Click here to read another taser story.

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Up his ass! And other places in the vicinity... Although the Juice does not *** expletives, fox12idaho does. Here's a portion of the transcript of a Boise, Idaho man's arrest:

Officer #3: Do you feel this?

Complainant: Yes, sir.

Officer #3: Do you feel that? That's my -

Complainant: okay

Officer #3: Taser up your a**.

Complainant: Okay

Officer #3: So don't move.

Complainant: I'm trying not to. I can't breathe.

Officer #3: Now do you feel this in your balls?

His cajones too?

Complainant: I do, sir. I'm not going to move. I'm not gonna move.

Officer #3: Now I'm gonna tase your balls if you move again.

A minute later, this exchange occurred:

Officer #3: Okay, I'm gonna take this taser out of your a**hole now. Are you going to fight with me?

Complainant: No, not at all, sir.

That there's some mighty fine police work ... The "Complainant" complained and

Last week an ombudsman reported the police officers did use excessive force. That ruling came about because of that second round of tape we played you in which the officer threatened to taser the man's genitalia, and did taser his buttocks.

And yes, the guy is filing suit against Boise. Wouldn't you? (The other side: "The Police were initially called to the man's house in response to a domestic dispute. They say the man pushed against the door to keep them out, and also yelled profanity.") Here's the source.

Now, dear, don't be ... oh my! He is driving backwards - down the highway! As reported by tdn.com (Washington State):

Police arrested a driver Thursday night who was cruising along Interstate 5 — in reverse.

The 41-year-old man drove at least three miles backward on Interstate 5 before his arrest around 8:30 p.m. Thursday, Cowlitz County Sheriff’s deputy Ryan Cruser said.

Holy shiznit! 3 miles in reverse? That's some serious talent right there.

Police said they saw the man laughing as they approached the vehicle, which came to a stop in the middle of three northbound lanes at milepost 55 — not far from a rest area by the Cowlitz County-Lewis County border, according to Cruser.

The man refused to roll down his windows when police approached his rented 2009 Dodge Avenger, Cruser said. Police broke the window to arrest him.

Wait. Don't ta ....zzzzzzzzzz

Deputies used a Taser to subdue the driver when he began to struggle during the arrest, said Sgt. Blair Schmidt with the Washington State Patrol.

Alcohol and drugs are not believed to be a factor in the incident, Cruser said. Police plan to have the driver, a resident of Canada whose name wasn’t released, evaluated for possible mental problems.

Perhaps mad, definitely mad skills ... Here's the source.

A 14-year-old Canadian girl was arrested for being drunk and disorderly (she later pleaded guilty) and was placed in a cell. Maybe it's just me, but how much of a threat can a girl that age - in a jail cell - be? As reported by canada.com:

Roberts [the family's lawyer] said the two officers used the conductive energy device after the girl had been “sporadically peeling paint from the walls of her jail cell.” The lawsuit said she “remained motionless for nearly an hour.”

You taser a girl in a cell for peeling paint? I know, that's the family's lawyer talking. Well, there is a video of the whole thing, which the girls father has seen, but the police won't release. Hmmm.

Roberts said a surveillance video taken in the jail cell that has been viewed by the girl’s father and the native band chief allegedly showed the girl scream as she was pinned down and Tasered for three seconds by the officers. He said police have refused to turn over the video to him.

I'm with the family's lawyer on this one.

“This is not a matter of us being anti-cop because we know that most cops do a great service for us every day,” he said. “This tool is something that is to be used only in emergency situations, and now it is being used frequently. I don’t understand why they feel the need to apply an electric shock to a 14-year-old girl presenting no danger to herself or anyone.”

Posted by John Mesirow | Permalink | Email This Post

Posted In: Don't Tase Me, Bro! , Uncool

Unlike the incident in yesterday's post, I don't have any problem with this shocker in Ypsilanti, Michigan. As reported at mlive.com,

Ypsilanti Police Sgt. Deric Gress said police were called to the scene at 4:10 a.m. on a report of a man chasing a woman outside an apartment complex. When police arrived, the man stripped his clothes off. He had what appeared to a knife in one hand, police said, and he asked police to kill him, then quickly changed the subject.

Officers ordered the man to lie on the ground, but he instead went toward an officer, who fired the stun gun at him. The man fell and let go of what officers had thought was a knife; it turned out to be a large pen.

End of incident? Nope.

The man pulled one of the Taser probes from his body, then ran toward a female bystander, whom he grabbed. Police ordered the 24-year-old Ypsilanti man to the ground again, but he ran off, so police used the Taser a second time and were able to bring him under to control.

Ouch. Click here for the source.

An incredibly threatening ... squeegee. Really. Maybe the drugs killed him - maybe not. Here's the story, from the Orlando Sentinel:

A sheriff's office spokesman said the man who deputies Tasered in south Orange County died this morning.

Capt. Angelo Nieves of the Orange County Sheriff's Office confirmed the man was "under the influence" when deputies used a Taser to control him. The agency has not released the man's name.

Witnesses told deputies the man was charging at cars with a hammer on Landstreet Road and Orange Blossom Trail overnight.

Orange County deputies arrived at the scene and determined the man was holding a squeegee. Cmdr. Spike Hopkins said deputies found a wrench in the man's vehicle and determined the suspect was dangerous. "The bizarre behavior was indicative of someone who was overdosing," Hopkins said. Reports show the deputies tried to calm the man, but it didn't work. Deputies stunned him with a Taser twice.

Here's the source.

Really. This happened to 16-year-old Ozark, Missouri resident Mace Hutchinson. Here's the story, from ky3.com:

A family from Branson wants answers about what happened to their son that left him hospitalized. Early Saturday morning, police found Mace Hutchinson, 16, underneath the Highway F overpass over U.S. 65. Mace ended up in intensive care at a hospital. His parents believe the actions of Ozark police officers contributed to his injuries and slowed doctors’ abilities to speed his recovery.

We called the police. My wife was afraid he was going to get ran over or hit,” said witness Doug Messersmith.

Messersmith and his wife were the last known people to see 16-year-old boy walking, shortly before their phone call to 911. “He looked a little agitated but, other than that, he didn't look to be falling down drunk or anything like that,” he said.

By the time officers arrived, the teen was off the 30-foot overpass, lying on the shoulder below along U.S. 65, with no good explanation as to how he got there.

“According to the doctors, all injuries are consistent with a fall,” said his aunt, Samantha. Mace's dad believes it was just that, a fall, not a jump. The question is why.

“They tested his system. He was clean of drugs and alcohol. We don't know why unless just being in shock and the whole thing in itself caused him to forget everything,” said Hutchinson. His aunt says he is undergoing major surgery for a broken back and broken heel. While he was lying on the ground, she wonders why Ozark police used an electric stun gun on him up to 19 times.

“I'm not an officer, but i don't see the reason for ‘Tasering’ somebody laying there with a broken back. I don't consider that a threat,”
His dad says the use of the stun gun delayed what would have been immediate surgery by two days.

“The ‘Tasering’ increased his white blood cell count and caused him to have a temperature so they could not go into the operation.”

“He refused to comply with the officers and so the officers had to deploy their Tasers in order to subdue him. He is making incoherent statements; he's also making statements such as, ‘Shoot cops, kill cops,’ things like that. So there was cause for concern to the officers,” said Ozark Police Capt. Thomas Rousset.

Police say although there are several unanswered questions; the reason for the use of a stun gun is not one of them. “It's a big concern for the officers to keep this guy out of traffic, to keep him from getting hurt,” said Rousset.

Mace was still in intensive care on Wednesday night, listed in fair condition. He was scheduled for surgery again on Thursday. The family, along with the Ozark Police Department, hopes someone will see this report and come forward with some information.

Does this add up to you? Here's the source.

So maybe it's only a little strange that 65-year-old Tad Gunter is living with his 85-year-old mother, Margery Gunter. Actually, it's really nice if he's taking care of her. What do you think, nice or strange?

Margery Gunter told deputies that her son, Tad Gunter, has been acting weird for the past month, according to an arrest report. She told deputies that her son sits in the living room and fondles himself sexually five times a day in front of her.

Shazam! I guess you could say the day was going along like any other [at least for the past month] until Ms. Gunter messed with her son's routine. She asked him to refill a prescription for her, and he wigged out, throwing a bottle of laundry detergent at her. Then, as reported by the Naples Daily News,

A witness, Ruel Montez, grabbed Margery Gunter, brought her to the kitchen and locked the door. Tad Gunter began yelling and throwing things around the room, reports said.

Mr. Gunter did not take kindly to police intervention.

When a deputy arrived, Tad Gunter told him to leave, put his hand on the deputy’s chest and pushed him, authorities said. During a confrontation, the deputy pushed Tad Gunter to the floor. When he tried to get up while swinging his arms and kicking his legs, the deputy drew his Taser.

Don't tase him, bro!

When Tad Gunter attempted to kick the deputy, the deputy deployed his Taser, striking him with a five-second jolt. During the struggle the deputy gave Gunter two more five-second jolts until one of the Taser’s probes fell out, report said.

When Gunter continued to struggle, the deputy delivered two three-second shocks by placing the Taser against his calf, the Sheriff’s Office reported.

Is this dude shockproof? Nope.

After he was handcuffed Tad Gunter apologized for his behavior.

Um. Er. Uh. Sorry. (Here's the Naples Daily News story.)

Okay, maybe that sounds just a little insane. But consider this - he was driving! As reported in the Reading Eagle,

Messerly was driving his employer’s minivan on the bypass in West Reading about 3 p.m. April 4 when he climbed out of the driver-side window, stood on the roof and was catapulted into the woods when the van crashed into a guide rail, borough police said.

And that was just the beginning. Mr. Messerly (age 38, of Reading, Pennsylvania) was then seen running - totally naked - along the road. Someone called the cops, and here's what happened:

When they arrived, the officers were confronted by a nude Messerly, who came toward them and ignored orders to stop. Two of the officers used Taser stun guns on Messerly to try to stop him.

Messerly fell to the ground, but got up as the officers approached him. A third officer hit Messerly in the back with a Taser, which briefly stunned him.

Messerly still refused to heed the officers’ orders and started toward them again.

One of the officers sprayed Messerly in the face with pepper spray, another hit him in the back with a baton and another reactivated one of the Tasers.

Messerly still refused to cooperate.

After a second shot of pepper spray to his face, another hit to his back with a baton and a fifth jolt from a Taser, Messerly was taken to the ground and handcuffed.

Unbelievable! The explanation?

... Messerly ... told police he had used crack cocaine the night before the April 4 accident and had not slept since then, according to [Court] documents.

The charges?

... driving under the influence, risking a catastrophe, indecent exposure, resisting arrest, public drunkenness and related offenses.

Here's the source.

Malcolm Williams came to the Houston County Courthouse to pay some fines and to report to his probation officer. When he emptied his pockets before going through the metal detector, as reported in the Dothan Eagle:

...out spilled two baggies of marijuana along with a wad of cash and a cell phone.

Doh! And you know what else he had on him? A pocket knife and rolling paper! What did the deputies do? They tased him, bro! But it didn't work because of his clothing. Mr. Williams was otherwise subdued and taken into custody, where he is looking at not just probation violation, but a few new charges too.

If nothing else, that's gotta bring some seriously bad karma. As reported by the AP,

Police [in Rogers, Arkansas] are conducting an internal investigation into an allegation that a lieutenant used his stun gun to shock a cow and shared a videotape of the incident with other department employees.

Police Chief Steve Helms said Tuesday the inquiry began after he received a complaint from the group People for the Ethical Treatment of Animals. A letter dated Feb. 11 from PETA representative Stephanie Bell complained that Lt. David Mitchell filmed himself using the electronic stun device on the cow.

Bell said in the letter that Mitchell distributed the video as a joke among friends and co-workers and she notes that animal cruelty is a misdemeanor crime in Arkansas.

Helms didn't immediately return a call for comment on Wednesday. City Attorney Ben Lipscomb said Tuesday that the alleged incident happened 2 1/2 years ago, which would be beyond the statute of limitations for misdemeanors. Lipscomb said there would be no point in pursuing a criminal investigation.

Helms said a captain in the department will conduct the investigation and Mitchell will remain on regular duty.