Fluke Incident or Design Flaw?: Taser Causes a Fire on Suspect's Clothing

Posted on January 5, 2009 by Dax Garvin

While I was in training for the time I spent as a Williamson County Deputy Sheriff, I was exposed to the Taser training.  I won't bore any reader with the details of what the Taser is, as I think that is fairly common knowledge, however one story I read on the news today really surprised me, because a guy's jacket caught fire from the spark of the taser, and according to the training, that is NOT supposed to happen.  I often wondered how it could not ignite, given that a combustible fluid like alcohol + a spark of electricity generally equals "fire"....

It looks like this incident, while remote, may cause Taser International and others who manufacture these things to rethink their claims....

It's remarkable that this does not happen more frequently.  In this case, a guy evading cops on a motorcycle had gasoline on him from the collision when he hit the side of a patrol car, and when he was tased by the officers his jacket ignited.

I'm not here to get into the pros and cons of using a taser, as I think it is definitely a good alternative to an officer causing deep contusions and possible broken bones to a suspect with a baton, collapsible or otherwise, and I certainly think it is better than shooting.  Having been tased in my training, I can truthfully say that it is not the worst thing in the world, and that compared to the other options, I'd gladly do it again.  And, I'm not one who enjoys excessive pain.

Anyway, the details of this story are available here for anyone who would like to read it and for anyone wanting to see the comments made by some others, presumably officers, but possibly just uneducated rednecks...let's not forget that in America, we are all innocent until proven guilty, so reading things like the quotation below are quite disturbing to me:

Taser should add a gasoline spray option to its new models.
Add copy could read-
If they are worth tasering, they are worth burning.

or how about-
I fought the law and now I'm burned.

Good job officers, next time let him smolder a little before you put out the fire and he might not run in the future.
In the end, the suspect was captured, no one was seriously injured.  But really, Taser should not advertise in its training that these things cannot cause fires... afterall, even the officers were surprised, according to the article.
Tags: , , ,

Taser Overuse - The Saga Continues in Court

Posted on September 19, 2008 by Dax Garvin

Tasers are devices that are becoming more commonly used by law enforcement officers across the country and as a former cop, I was glad to have one in the event that things "got ugly".  Fortunately, I never encountered the need to use it.  As a tool, I believe the taser to be more humane than most of the other "tools" that a cop has on her belt, but the video below shows a clear abuse by the officer in what I believe is a violation of Buckley's civil rights as provided for by the US Constitution's 8th Amendment against "cruel and unusual punishment." 

Very recently the 11th Circuit Court of Appeals reviewed this case and in a 2-1 decision ruled against Buckley, the complainant, but it now appears that the case is headed for review of the Court en banc, meaning the entire Court.  Depending on how that goes, and even if Buckley wins his claim, I believe this case will be one to watch that may go before the US Supreme Court, as the "cruel and unusual punishment" portion of the Constitution has been reviewed, but tasers are one of the more recent tools that needs review.

If the en banc decision goes against Buckley, he will likely review it.  If it goes for him, the Department or maybe even Taser International will seek review.

In the video , what we see is a sobbing, hysterical man who is non-compliant with the officer's directions and who is already handcuffed.  At no time do we see a man that is out of control or someone that poses a risk to the officer.

Clearly, there were other officers available to help this one get Buckley to the car because you hear him call for backup in the video, after deploying the taser twice.  Clearly, the backup was not far away because it arrives before the video ends, which is only approximately 6 minutes in length.

The Court's opinion is available here for further review. 

It would be interesting to see what the department's official policy is on taser deployment.  In my opinion as a lawyer and as a former cop, I believe calling for backup first would have been the most prudent course of action, as there was not a threat to the officer's safety, any more than normal given that the Buckley was handcuffed. As for the claim that Buckley was in danger of being struck by a passing motorist, he was sitting off the roadway, not in it.  And, it did not take much effort to move him further to the side, out of the danger zone between the officer's patrol car and his own.

Again, what is the utility of tasing an individual who is restrained and non-combative?

This blog is run by The Law Office of Dax Garvin in Austin, Texas.  Dax Garvin is a criminal defense attorney practicing in state court. To learn more about Dax and his firm, please visit http://www.daxlegal.com.

 

 

Tags: , , , ,