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This website is maintained by the Law Offices of Dean Malone, P.C., a Dallas, Texas law firm representing people across Texas for dog bite injury cases. We have attempted to provide useful information for those harmed by animal attacks.

Posts Tagged ‘Officer (armed forces)’

Police Misconduct Lawyer – For use of a Stun Gun During an Arrest, an Austin, Texas Police Officer is Suspended for 20 Days

Wednesday, June 14th, 2017

English: Clinton Warren Hunter Austin Police S...

English: Clinton Warren Hunter Austin Police South Substation (Photo credit: Wikipedia)

 

The Austin Police Department (APD) has suspended an officer for 20 days, after he allegedly used a stun gun to shock a suspect who was not resisting arrest. The suspension is from June 14 through June 26, 2017. In addition, the officer has agreed to undergo evaluation by an APD psychologist. Police Chief Brian Manley says the officer is also under departmental probation for one year. If, during that time, the officer repeats the alleged behavior or does anything like it, he faces losing his job, with no right to appeal.

The officer who allegedly stun-gunned a suspect who wasn’t resisting at the time has been with APD since 1994. On January 17, 2017, he was working the Property Crimes Task Force. He and other officers were trying to locate a burglary-of-a-habitation suspect who had an active warrant. In northeast Austin, they found the man and attempted an arrest. The man managed to escape in an automobile. Later the suspect was trying to escape police on foot, and that was when he was captured.

Chief Manley says the suspect had been handcuffed and was face-down on the ground. He was not trying to assault an officer, and he was not actively resisting arrest. During this time, the now-suspended police officer allegedly took an action without first advising the suspect or other officers. He ran over to the suspect and allegedly held the stun gun to the man’s back for five seconds, which is referred to as “drive-stunning.”

Chief Manley wrote that the officer did not use the stun gun in an objectively reasonable manner.  The United States Supreme Court has determined that excessive force claims are to be examined based on objective reasonableness.

A video of the alleged drive-stunning incident was released on the Internet and went viral, causing widespread public outrage.

–Guest Contributor

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Police Misconduct Attorney Dallas – A Cuffed Man is Repeatedly Tazed, a Leaked Balch Springs Police Video Shows

Thursday, May 18th, 2017

A motor officer patrolling in Arizona on a BMW...

A motor officer © by Jeff Dean (Photo credit: Wikipedia)

The Balch Springs Police Department that is currently under criticism for the recent death of 15-year-old Jordan Edwards is again in the news for alleged police misconduct. A police video was release this week that shows an incident that occurred on April 28, 2016. A white officer cuffed black suspect Marco Stephenson and then is seen jabbing the stun gun into Stephenson’s side. The cuffed man cried out in pain and fell to the ground and was later tazed repeatedly. The video was mailed to a Dallas television station with what seems to be the obvious intent of exposing the alleged police brutality.

Further details of the video are fanning flames of outrage. Before the officer allegedly tazed Stephenson, the officer is heard repeatedly demanding that the suspect not pull away. “You understand? Don’t pull away.” The cuffed man appears to display apprehensive calmness before the use of the stun gun.

Balch Springs Police Chief Jonathon Haber acknowledged the video and its content Tuesday night, May 16, 2017. He provided assurance that changes are being made to the force, but those changes were not specified. He also mentioned that officers “went over his head” to report the incident, according to reporters.

When the footage in an undisclosed residential neighborhood begins, a police officer has his gun drawn and is kicking away what appears to be a weapon. The officer approaches the suspect, who has his hands on his head and is on his knees. Stephenson was being detained because a group of kids claimed he threatened them with what looked like a firearm. The suspect was adamant that what he had was a BB gun.

One officer told Stephenson that the perceived threat is why he was being arrested. Officers answered the suspect’s attempts to defend his behavior with statements about his having to be dealt with on almost a daily basis. Court records allegedly show Stephenson is allegedly a repeat offender who has allegedly pled guilty to mischief, criminal trespass, and resisting arrest.

In the video, the officers have a conversation, and the sergeant allegedly shoved the stun gun against Stephenson repeatedly as he was lying on the grass.

Haber said that no criminal charges were brought against the officer for his behavior, after the video was reviewed by the Texas Ranger Division, the Balch Springs Police Department said in a statement. It was determined also by an independent agency and an internal review that the officer who did the alleged tazing in the video would not be charged, but he was forced to take anti-bias classes and conflict resolution classes.

–Guest Contributor

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