Family Seeks Justice In Taser Death

Death Of Missouri Man Again Raises Questions About Whether Tasers Are A Safe Law Enforcement Tool

(CBS)  For Athena Bachtel, last August 28, 2008, is a nightmare she relives every day. It began when she heard sirens outside her home at half past midnight. To her surprise, he own son's Chevy Blazer was parked across the street.

"I never imagined that when I walked out that door that would be the last time I saw my son alive," Bachtel told CBS News this week, after settling her lawsuit stemming from her son's death.

Her 23-year-old son, Stanley Harlan, was the youngest of her three children. Easy going and sports loving, Harlan had recently become the father of a baby boy.

Driving home from work at a local restaurant that August night, Harlan was pulled over by a patrolman in their hometown of Moberly, Missouri, 40 miles north of Columbia. Police would later say he'd been speeding -- driving 38 miles an hour in a 25 mph zone.

Harlan immediately got out of his vehicle wanting to know why he was stopped, as video from the cameras mounted on police cars show. Patrol Officer Gary Breyfogle called for backup and checked Harlan's driver's license and vehicle registration.

Officers Shane Newbrough and Jeremy Baird quickly arrived on the scene. None of the officers administered any sobriety tests. They later said Harlan wasn't threatening but refused to cooperate.

Bachtel, in her bathrobe, was on the street looking on in confusion as the incident rapidly deteriorated.

"Baird just grabbed him, put his hands on him, and Stanley was just trying to get away," she said. In the police car video it appears as though the officers may have been trying to handcuff or arrest Harlan. He squirmed, they pushed.

"They never said he was under arrest," Bachtel says. "He was actually over there in the grass facing them with his hands up in the air saying, 'I'm not resisting." That's when they tased him."

Following an order by Officer Newbrough, Officer Baird deployed his X26 Taser gun -- firing its 50,000 volts of electricity three times in a row for a total of 31-seconds, which is six times longer than recommended in typical police training sessions.

"I will never forget the horrible scream my son let out," Bachtel says.

Harlan fell to the ground, knocked unconscious, and went into cardiac arrest. For 14 minutes, as seen on the videotape, the officers gave him no medical attention but did search his car. By the time paramedics arrived, it was too late.

The city of Moberly and its police department declined our interview requests but in a written statement called Harlan's death "unanticipated and unintentional."

City Manager Andy Morris wrote, "In the dynamic world of law enforcement, police officers must often make split-second decisions in tense, rapidly-evolving situations. Unfortunately, not all confrontations in which police officers are involved have safe endings."

The tragic incident in Moberly is again putting the safety of Taser devices under scrutiny.

"It's a less lethal weapon. That doesn't mean it can't be lethal," says Police Chief Ken Burton, in nearby Columbia, Missouri, were all 156 of his patrol officers are equipped with the X26, which has a firing range of 35 feet.

But Burton has restricted their use, for example, prohibiting officers from Tasering a fleeing suspect, such as the recent case of a shoplifter who was hit with a Taser while running away with a pair of tennis sneakers.

"I changed the policy, so our officers understand they need to feel like they were personally in danger or a third person was in danger," Burton says.

In eight hour training course, Columbia officers are taught that if it's necessary to fire the Taser, five seconds should be enough, and if that doesn't work to subdue a suspect, try some other use of force.

The Harlan death in Missouri comes as the popularity of Tasers with U.S. law enforcement agencies has soared in the past decade -- from 500 agencies adopting Tasers in 2000 to 14,201 agencies using them today, according to Arizona-based Taser International, the leading supplier of electronic control devices. That's eighty percent of the nation's law enforcement agencies.

Chief Burton says, "I think anything we can put in an officer's tool box that is less lethal is a positive. If it's something they can use that's not likely to kill the suspect, that's my preference."

But as of two years ago, the Bureau of Justice Statistics had already counted three dozen "Taser-related" deaths at the hands of police between 2003 and 2005, while in a 2008 report Amnesty International cited more than 50 cases where medical examiners found a Taser shock contributed to death.

Taser International disputes those findings as lacking scientific proof.

Peter Holran, the company's vice president for public relations and government affairs, told CBS News, "The electrical output of a Taser device is incapable of causing death."

He cited studies such as the work of Dr. William Bozeman at Wake Forest University, who examined 1,200 cases of Taser use by police and found serious injuries occurred less than one percent of the time.

Taser International sees its responsibility to "train the trainers" who show fellow officers how to properly use the devices. "The policy of when they can be used is up to the local community and the local agency," Holran said.

Moberly Police have suspended their use of Tasers indefinitely, as result of Batchel's wrongful death lawsuit, and will now deploy defibrillators in some patrol cars.

Outside her home, she has erected a shrine to her son, which lists the number of deaths reportedly attributed to Taser use by police.

Her settlement with Moberly also resulted in a $2.4 million payout, the maximum that could be obtained under the city's insurance policies. The primary beneficiary will be Harlan's son, who just turned one.

After a probe by the Missouri Highway Patrol, neither local nor state prosecutors brought criminal charges against the officers involved in Harlan's death. His family and their attorneys are appealing to the Justice Department to review the case in the hopes that prosecutors would consider bringing federal civil rights charges against them.

"I made a promise to our son that I would never give up, and I would fight for justice for him," Bachtel says. "You don't watch your child being murdered and feel the same about life."

[jaydee1958]

The taser it the "go to weapon of choice" for most police officers, sherrif's and state troopers. The corrections department presses into service their use on a CONSTANT basis. I did something stupid and was incarcerated until process through - posted bail. The corrections officers closed us in several times and you could hear the taser being fired and the screams of the individuals throughout that night. They just love to use the tasers. They are sadistic. They know that the odds of a death are small. So they use them. If someone dies, they deserved it. After all, tasered until innocent. Isn't that American Justice in the 21st century? There were at least 8 officers and the people brought in are in cuffs for their own protection. These 8 officers could easily subdue a person in cuffs. But no got to tase them to show how is in charge!!!!

[greggiex]

Since the article author mentioned the Amnesty International report, perhaps he should have quoted from it.

On page 26, the Amnesty report discusses statistics from the US Justice Department's Bureau of Justice Statistics that about 300 people per year experience sudden arrest-related custody deaths. "While the above report showed no apparent statistical change in the number of deaths nationwide after the introduction of Tasers, research indicates that many deaths in US police custody occur during police restraining procedures. There is longstanding concern that certain types of police restraint can increase the risk of death, including people compromised by drug or alcohol abuse."

Well, duh. Sudden in-custody deaths have happened for decades, and they are typically associated with alcohol, cocaine, methamphetamine, PCP, LSD, schizophrenia, and bi-polar disease. It hasn't mattered whether the police use chokeholds, hog-ties, pepper spray, dog-piles, or TASERs . . . most people in medical crisis from the above conditions will live, but a relative handful (about 300 per year) will die, regardless of what police tool or tactic is used, and regardless of whether the police are even at the scene.

Capt. Greg Meyer
Los Angeles Police Department (Ret.)

[luke_4u]

Lest we forget, whatever you allow the cops to do to one, they can also then get away with doing to "you" or "yours". How about the 72 year old grandma several weeks ago, that was tasered by that big burly cop because she was getting a little mouthy ? And all the while he's screaming at her at the top of his voice, "get on the ground". I'm glad I wasn't there to witness that as I'd be in jail right now, probably on some very serious charges. That taser is not supposed to be used just because someone get's a little mouthy, and the cop should be charged with assualt, and FIRED ! I'm appalled at how many of you seem to want to defend the moronic actions of these cops that have absolutely no common sense whatsoever. You'll be blabbing out the other side of your face if it ever happens to someone you love or care about, and don't think for one minute that it couldn't happen.

[pikerock123]

by lf1952 June 28, 2009 3:15 AM PDT: That said - given a bad, stupid police officer with poor judgment - would you prefer to have a Taser misused, or a gun?

This is a typical and poor argument. The cop who tasered Mr. Harlan to death also had a gun. Everyone agrees that there was no reason to use a gun. As a result, if he didn't have a taser, he wouldn't have used his gun and Harlan would still be alive. Cops don't pick between a gun and a taser, they pick between talking and a taser. That is the problem with the training that is out there.

[pikerock123]

darthcheney123 - I am not against tasers and didn't mean to suggest that. But, I think their use should be limited to times where the officer or another person is threatened with actual harm and not used in "passive" resistance cases or for "non-compliance". I simply think some officers (good or bad) utilize tasers more often then they should. I really do think it comes back to an overall training issue and that departments should adopt policies similar to those adopted in Columbia, MO.

[EcologistaE]

Taser is not necessary, just shot the bad-guy. Why worry? IA talked about 550 deaths because of the Taser, later 240, after 50, last time 12, this is not serious. IA accept the use of Taser instead the lethal force, problems about Taser? Just use the gun.

[suzerain4]

I don't know how it is in your neighborhhod, but in mine, cops are the most scrutinized public servants, period. If they do something wrong, everyone hears about it. The community holds cops to a higher standard of behavior. And cops hold themselves to a higher standard. Cops are fired, charged with criminal offenses, and sued on a daily basis if they do something stupid. And that's the way it should be. A bad cop, in my view, is the equivalent of living under a dictatorial regime. There is no room for bad cops in a free society.

Having said that, there is a difference between a bad cop and one that makes a mistake. Cops are imperfect people just like everyone else. But, as previously stated, they should be held to a higher standard. We should be able to trust the cops to be fair and just. At least that's how it is in my neighborhood.

[suzerain4]

"His heart skipped a couple of beats"

Mine does that too, when I watch scary movies, or ride a cool roller coaster.

I have been Tased. It hurts like hell, and it incapacitates you. Tasers, as law enforcement's newest tool, have quickly become the target of liberal media who decry ANY use of force by the "fascist" police.

[suzerain4]

According to the liberal media, all police are fascist police...I decry that...As for hurting people, I'm convinced some of them deserve to be hurt

[debinok1]

Ok, before I commented on this article I watched the video, then I called my son (read Soldier) who during his training to be allowed to carry either pepper spray or a tazer was required to submit to experience both(something every police officer should have to do before being allowed to use them). I asked him about his experience with the tazer. His response was this: "When I was hit with it, it felt like my bones turned to jello and my muscles twitched, I could not stand on my own. I wet myself, and felt my heart skip a couple of beats. As soon as I began to feel like I could stand on my own, my stomach heaved and I threw up." This was after the standard 5 second hit. He estimated that he was incapacitated for a good 2 minutes. It would seem that there are currents that do run through the body and affect muscle control(ie. bladder control and ability to stand), not just induce pain. It would also seem that if a 5 second hit caused his heart to "skip a couple of beats" then a 31 second hit could cause death. While I agree that the young man should not have resisted, from watching the video I saw nothing to indicate a need for that much "force" especially with what I counted as 4 officers surrounding him.

[debinok1]

Correction: 3 Officers.

[berlinfoto-2009]

Non-Lethal weapons, equal, torture devices.
I have not had any experience with these, other than to see some demonstration films or what not.
I know that they are misused and abused, and used to torture people.
I watched a video of some officers snuff out the life of a African American male in Georgia, with a taser, this was a real snuff film, and it was not allowed at the trial of the officers.
On other non-lethal weapons, have you ever been peppered with Pepperball, while you were sleeping?
Have you ever had the police spray pepper spray under your motel room door, while you were sleeping?
The United States Manufactures more torture devices than any other nation in the world, one would have to assume that they use them the most.
These abuses with these devices, or chemicals, are just fun and games among the police in the U. S.
Fellow Citizens we have a problem with the police, we have a problem with the Federal Government, it is called fascism, Americans have become more and more Authoritarian, and the problems with the economy and America's decline image in the world will make citizens even more Authoritarian.
Could America become a dictatorship? unfortunately yes America is being driven in that direction.
The misuse of these Non-Lethal weapons is a sign or this.

[ludvig1-2009]

No scientific proof? All those corpses don't count? I'm an engineer and am convinced that tasers can and have killed. Cops in Missouri stop people for inadequate reasons too. I know I've been stopped by your Highway Patrol twice in 4 days and my car searched all because I had California plates, not because they had a valid reason to pull me over. The second time I was peeved and hopped out of the car demanding what the hell did you stop me for? Retired nuclear engineer and 13 gallon blood donor.

[ludvig1-2009]

No scientific proof? All those corpses don't count? I'm an engineer and am convinced that tasers can and have killed.

[incog-nito]

The fact is, the Taser IS a deadly weapon. It's just a matter of how long you keep it on. If it's long enough, as in this case, the victim will die. This is a great way to kill people, and then claim it's an accident. Hey you're just tasing someone, right?

[suzerain4]

"The fact is, the Taser IS a deadly weapon."

Taser is considered "less lethal" force. Taser is an "intermediate" weapon, which falls between hard empty hand techniques like strikes and kicks , and deadly force. Deadly force can be anything designed or by intended use, causes serious bodily injury or death, but most easily correlates to pistols and shotguns.

Tasers are not designed to cause serious bodily injury or death. Therefore they are not deadly weapons.

[NegatoryInhale]

Another taser death? Those things need to be outlawed how many more stories like this are we going to read?

[cosmicfluke]

No.

[dowell100]

Are Tasers A Safe Law Enforcement Tool?

What a crazy question. It shows the insanity of the liberal minds who ask it.

Tasers are a better alternative than bullets. More lives have been saved than taken by Taser use.

There will always be problems with improper use, and police training can always be improved, but only self-serving people like Athena Bachtel are foolish enough to think they should be banned. That's just stupid.

[xlib]

YES!

[hungry1968-15]

by johnthecableguy June 28, 2009 8:18 AM PDT
Those of you who say that if you don't do anything wrong, you won't get tasered- You are either not paying attention to reality, or you are too stupid to see it, or you're a cop who is trying to convince us and yourself that cops never do anything wrong.






Exactly. The story above says that the guy was pulled over and jumped out of his car.

And while he wasn't threatening, but he was refusing to cooperate.

Why didn't he just pull over, turn on the interior lights, and put both hands on the wheel where the cop could see them when he approached the driver's side door? He'd still be alive if he just simply did what he was supposed to.

Who's fault is that?

[hungry1968-15]

by npkppprc June 28, 2009 7:41 AM PDT

As on post don't resist or break the law and it will never be used on you will it?






Exactly. The story above says that the guy was pulled over and jumped out of his car.

And while he wasn't threatening, but he was refusing to cooperate.

Why didn't he just pull over, turn on the interior lights, and put both hands on the wheel where the cop could see them when he approached the driver's side door? He'd still be alive if he just simply did what he was supposed to.

Who's fault is that?

[wtcmedic911]

still better then a lead bullet or a fractured skull in most cases. its very rare for it to cause injury. its the best we have now for technology.

[npkppprc]

The taser is less than lethal not non-lethal, but if citizens would rather go back to the use of a firearm when necessary, so be it. Typical shallow thinking on some of the posts when a few officers? make a bad choice or lack of training it it's a bad tool and should be banned for all. Compared to the amount of arrests in this country the problems with the taser are minimal. As on post don?t resist or break the law and it will never be used on you will it?

[johnthecableguy]

Those of you who say that if you don't do anything wrong, you won't get tasered- You are either not paying attention to reality, or you are too stupid to see it, or you're a cop who is trying to convince us and yourself that cops never do anything wrong.

[fred-mertz]

"if citizens would rather go back to the use of a firearm when necessary, so be it. Typical shallow thinking on some of the posts"

THAT is the "typical shallow thinking" on the part of abusive cops and those who support their abuses! There are NOT just two options, lethal force or tasers. There are MANY options available to a cop in nearly every situation:

1. waiting until the person calms down. (often, this is all that's necessary!)
2. talking to the person, to get him to stop whatever he's doing that the cop thinks is bad.
3. containing the person, (surrounding him, cordoning off the area, etc.) so his actions can't pose a threat to anyone else.
4. physically restraining the person (use the fat, bubba!).
5. hitting the person's arms or legs with a stick.
6. tasering the person.
7. shooting the person with a gun.

Options 4 through 7 should be preceded by a verbal warning if time allows. Many people don't want to be beaten or tasered or shot, and they will comply with whatever the cop wants, just to avoid it.

This is just a partial list. There are likely to be many more options available to any cop who has a brain and the desire to "protect and serve" the people. But it seems that too many cops have neither the intelligence, nor the desire to do the right thing.

Idiot like you, who think being shot is the only other option, aren't helping the situation.