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Friday, December 05, 2008

Stunning Revelations


Stunning Revelations
inthesetimes.com

The untold story of Taser-related deaths
By Silja J.A. Talvi

TASER International Inc. maintains that its stun-guns are “changing the world and saving lives everyday.” There is no question that they changed Jack Wilson’s life. On Aug. 4, in Lafayette, Colo., policemen on a stakeout approached Jack’s son Ryan as he entered a field of a dozen young marijuana plants. When Ryan took off running, officer John Harris pursued the 22-year-old for a half-mile and then shot him once with an X-26 Taser. Ryan fell to the ground and began to convulse. The officer attempted cardiopulmonary resuscitation, but Ryan died.

According to his family and friends, Ryan was in very good physical shape. The county coroner found no evidence of alcohol or drugs in his system and ruled that Ryan’s death could be attributed to the Taser shock, physical exertion from the chase and the fact that one of his heart arteries was unusually small.

In October, an internal investigation cleared Officer Harris of any wrongdoing and concluded that he had used appropriate force.

Wilson says that while his son had had brushes with the law as a juvenile and struggled financially, he was a gentle and sensitive young man who always looked out for his disabled younger brother’s welfare, and was trying to better his job prospects by becoming a plumber’s apprentice.

“Ryan was not a defiant kid,” says his father. “I don’t understand why the cop would chase him for a half-mile, and then ‘Tase’ him while he had an elevated heart rate. If [the officer] hadn’t done that, we know that he would still be alive today.”

Ryan is one of nearly 200 people who have died in the last five years after being shot by a Taser stun gun. In June, the U.S. Department of Justice announced that it would review these deaths.
Over the same period, Taser has developed a near-monopoly in the market for non-lethal weaponry. Increasingly, law enforcement officials use such weapons to subdue society’s most vulnerable members: prisoners, drug addicts and the mentally ill, along with “passive resisters,” like the protesters demonstrating against Florida Governor Jeb Bush’s attendance of a Rick Santorum fundraiser in Pittsburgh on Oct. 9.

Taser has built this monopoly through influence peddling, savvy public relations and by hiring former law enforcement and military officers—including one-time Homeland Security chief hopeful, Bernard Kerik. And now that questions are being raised about the safety of Taser weaponry, the company is fighting back with legal and marketing campaigns...

Taser’s stun guns are designed to shoot a maximum of 50,000 volts into a person’s body through two compressed nitrogen-fueled probes, thereby disrupting the target’s electromuscular system. The probes are connected to the Taser gun by insulated wires, and can deliver repeat shocks in quick succession. The probes can pierce clothing and skin from a distance or be directly applied to a person’s body—a process known as “dry stunning”—for an ostensibly less-incapacitating, cattle-prod effect.

“The impetus for Tasers came from the often community-led search for ‘less-than-lethal’ police weapons,” explains Norm Stamper, former chief of the Seattle Police Department and author of Breaking Rank. “[There were] too many questionable or bad police shootings, and cops saying, correctly, that there are many ambiguous situations where a moment’s hesitation could lead to their own deaths or the death of an innocent other.”

According to Taser’s promotional materials, its stun guns are designed to “temporarily override the nervous system [and take] over muscular control.” People who have experienced the effect of a Taser typically liken it to a debilitating, full-body seizure, complete with mental disorientation and loss of control over bodily functions.

Many Taser-associated deaths have been written up by coroners as being attributable to “excited delirium,” a condition that includes frenzied or aggressive behavior, rapid heart rate and aggravating factors related to an acute mental state and/or drug-related psychosis. When such suspects are stunned, especially while already being held down or hogtied, deaths seem to occur after a period of “sudden tranquility,” as Taser explains in its CD-ROM training material entitled, “Sudden Custody Death: Who’s Right and Who’s Wrong.” In that same material, the company warns officers to “try to minimize the appearance of mishandling suspects.”...

Casualties and cruelties

In the span of three months—July, August and September of 2006—Wilson’s Taser-related death was only one among several. Larry Noles, 52, died after being stunned three times on his body (and finally on his neck) after walking around naked and “behaving erratically.” An autopsy found no drugs or alcohol in his system.

Mark L. Lee, 30, was suffering from an inoperable brain tumor and having a seizure when a Rochester, N.Y., police officer stunned him.

In Cookeville, Ala., 31-year-old Jason Dockery was stunned because police maintain he was being combative while on hallucinogenic mushrooms. Family members believe he was having an aneurysm.

And Nickolos Cyrus, a 29-year-old man diagnosed with paranoid schizophrenia, was shocked 12 times with a Taser stun gun after a Mukwonago, Wis., police officer caught him trespassing on a home under construction. An inquest jury has already ruled that the officer who shot Cyrus—who was delusional and naked from the waist down when he was stunned—was within his rights to act as he did.

Although the company spins it otherwise, Taser-associated deaths are definitely on the rise. In 2001, Amnesty International documented three Taser-associated deaths. The number has steadily increased each year, peaking at 61 in 2005. So far almost 50 deaths have occurred in 2006, for an approximate total of 200 deaths in the last five years.

Amnesty International and other human rights groups have also drawn attention to the use of Tasers on captive populations in hospitals, jails and prisons.

In fact, the first field tests relating to the efficacy of the “Advanced Taser” model in North America were conducted on incarcerated men. In December 1999, the weapon was used, with “success,” against a Clackamas County (Ore.) Jail inmate. The following year, the first-ever Canadian use of an Advanced Taser was by the Victoria Police, on an inmate in psychiatric lockdown. Since that time, Taser deployment in jails and prisons has become increasingly commonplace, raising concerns about violations of 8th Amendment prohibitions against cruel and unusual punishment.

This summer, the ACLU of Colorado filed a class action suit on behalf of prisoners in the Garfield County Jail, where jail staff have allegedly used Tasers and electroshock belts, restraint chairs, pepper spray and pepperball guns as methods of torture. According to Mark Silverstein, legal director for ACLU of Colorado, inmates have told him that Tasers are pulled out and “displayed” by officers on a daily basis, either as a form of intimidation and threat compliance, or to shock the inmates for disobeying orders.

New Orleans resident Ivy Gisclair, held at OPP for unpaid parking tickets, Gisclair was about to be released on his own recognizance when Hurricane Katrina hit. After languishing with thousands of other prisoners in a flooded jail, Gisclair was sent to the Bossier Parish Maximum Security Prison. Once there, Gisclair apparently had the nerve to inquire about being held past his release date. Gisclair has testified that he was then restrained and stunned repeatedly with a Taser, before being thrown, naked and unconscious, into solitary confinement.

“I can’t imagine any justification for that,” says Jawetz. “[Prison guards] were kicking, beating and ‘Tasing’ him until he lost consciousness. A line was crossed that should never have been crossed.”

In March, Reuben Heath, a handcuffed and subdued Montana inmate, was shocked while lying prone in his bed. The deputy involved—a one-time candidate for sheriff—now faces felony charges.

Gisclair and Heath are among the inmates who have survived in-custody incidents involving the abuse of Tasers. Others haven’t been as fortunate. This year alone (2006), those who have died in custody in the aftermath of being stunned by Tasers include Arapahoe County Jail (Colorado) inmate Raul Gallegos-Reyes, 34, who was strapped to a restraint chair and stunned; Jerry Preyer, 45, who suffered from a severe mental illness in an Escambia County, Fla., jail and was shocked twice by a Taser; and Karl Marshall, 32, who died in Kansas City police custody two hours after he was stunned with PCP and crack cocaine in his system...

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