September 27, 2013

As her husband begged them stop, Texas police repeatedly shot and Tasered a demented 67-year old

wife holding a letter opener.

The husband said he called the Dallas Alzheimer's Association hotline after his wife became agitated with him while holding a letter opener. In his federal complaint, he said that the Dallas Alzheimer's Association then contacted Lewisville police without his consent.

When the police arrived, a police sergeant "immediately attempted to remove David from the back yard while holding an orange shotgun in his hand." When the husband saw the shotgun, he tried to explain that he could calm her down and that no force would be needed. As indicated in his complain, he repeatedly pleaded with the sergeant to "put the gun away."

The police ultimately shot her with less-than-lethal rounds several times, including after she managed to get back on her feet while trying to walk away from the officers. They also Tasered her twice.

"After an ambulance took Delores to the hospital, David says, the police "declared 'exigent circumstances' and searched their home against his objections."

"While David continued to shout his disapproval at the officers, he was told that they 'saved his ass today, ...'".

{One of the officers} "then called the Dallas Alzheimer's Association and reported that David could not take care of Delores."

The husband also stated that his wife's wrist was broken in two places and she needed 17 staples inserted for injuries inflicted by the police. In addition, and what the husband says is worse, is that the episode "increased the severity of her Alzheimer's and she now requires around-the-clock nursing staff."

http://www.courthousenews.com/2013/09/26/61509.htm

September 13, 2013

Police Use of Taser on Alzheimer's Patient Upheld by Trial Court, But Rejected by Appellate Court

An Indiana cop who was fired after using a Taser five times in rapid succession on a nursing home patient with Alzheimer's disease -- for a total of 31 seconds and contrary to certification instructions regarding the increase risk of death for such usage beyone 15 seconds -- challenged his firing in court.

A trial judge determined that he had acted reasonably and should not have been fired, even though the Alzheimer's patient was handcuffed after the third Taser application. That judge decided that the Board of Public Works and Safety for Peru, Indiana improperly fired the cop.

In contrast, at the appellate level, the Judge Bailey for Indiana Court of Appeals wrote

"Intervals to achieve compliance were very short, with only a two-second interval between the third and fourth deployments. Moreover, it is noteworthy that Howard was handcuffed after the third Taser application," ...

"The panel chided the lower court for having "disregarded evidence favorable to (the board's) decision, credited the testimony of witnesses that the trial court did not personally hear, and misstated evidence regarding the scope of Martin's training. In short, the trial court reweighed the evidence and reassessed the credibility of witnesses."

http://www.courthousenews.com/2013/09/12/61097.htm

As shown by the actions of the trial judge, the cops are not the only ones out of control.