By Christopher Sanchez, Albuquerque Tribune
The Albuquerque Police Department is getting more cameras, but they're not to catch people running red lights.
The department will evaluate 20 Tasers with video cameras attached to them starting next week, city officials said Thursday. The cameras are intended to document incidents when the stun guns are fired.
Though Tasers are an important alternative to lethal force, they can be deadly, Mayor Martin Chavez said at a news conference. The cameras will increase accountability for officers and for people getting arrested, Chavez said.
"So there are no questions at the end of the day," he said. "It simply gives us a record."
Stun-gun usage has become a nationwide issue in recent years. According to a 2006 report by Amnesty International, 152 people died in the United States since 2001 after being shocked by the devices.
There haven't been any Taser-related deaths or lawsuits related to their use in Albuquerque this year, Albuquerque police spokeswoman Trish Hoffman said.
In May 2005, a 40-year-old Albuquerque man died after officers used Tasers to subdue him. Police said he suffered a heart attack and that his behavior suggested he had taken some kind of drug.
The Taser cameras cost about $850 each and can record 75 minutes of footage.
Once the Taser is charged and ready to fire, the camera records audio and video. Infrared technology allows the device to record at night.
Albuquerque police will be one of the first agencies in the state to try the device, Chief Ray Schultz said.
Schultz said the department will evaluate the technology for three to six months.
"If we see good results, we'll go forward with ordering more," he said.
The department has more than 400 Tasers, Schultz said.
Showing posts with label Taser. Show all posts
Showing posts with label Taser. Show all posts
Friday, June 1, 2007
Tuesday, November 28, 2006
APD Suit Winner Killed a Week Later
Tuesday, November 28, 2006
FOR THE RECORD:This story has been corrected to reflect that Kathyrn Levy is an assistant city attorney.
By Carolyn Carlson
Journal Staff Writer
An Albuquerque man who last week was awarded more than $300,000 in damages in a civil lawsuit against city police has been identified as the man found shot on Fourth Street on Thanksgiving.
Jerome J. Hall, 42, died on the way to the University of New Mexico Hospital after he was found Thursday evening in the 6700 block of Fourth Street, near Osuna, suffering from gunshot wounds, according to Sgt. David Knowles, spokesman for the Bernalillo County Sheriff's Department.
Just six days earlier, a U.S. District Court jury awarded Hall $307,030 in damages in an excessive force case against three Albuquerque Police officers.
Hall received second- and third-degree burns when one of the officers used a Taser on him multiple times during his 2002 arrest. Hall lost part of his ear as a result of being burned.
The jury found that officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when arresting Hall, according to court documents.
"This is really tragic," said attorney Robert Gorence, who represented Hall in the case. "Here we have someone who had put his life in order and finally had the means to do the things with his kids that he always wanted to do."
Hall did not live in the neighborhood where he was found shot, Gorence said Monday.
After last week's verdict, Hall said he had been addicted to drugs but had quit them and had gone through rehabilitation programs.
Hall said he was going to use the money from the verdict to help his four children and get his life back on track by going back to college in the fall.
Hall said he was a former medical technician and disabled Army veteran.
Gorence said he does not know if Hall had a will. He also said he did not know what city attorneys plan on doing in light of Hall's death.
"There are lots of things that need to be answered," Gorence said.
Assistant city attorney Kathryn Levy said her office is reviewing the case for post-trial motions.
"This is something we would normally do," Levy said.
She said she has never seen something like this before.
In the 2002 incident, Hall's attorneys claimed the officers had no lawful reason to arrest, assault or imprison Hall, saying he was just walking along Central in Nob Hill and complied with all of the officers' orders.
City attorneys claimed in court documents that the officers acted in good faith, using reasonable police procedures and tactics.
Court documents say Gonterman stopped Hall because police had received complaints of narcotic sales by people on foot in the area and that he had observed Hall acting suspiciously.
Knowles said detectives are investigating Hall's shooting as a homicide.
Anyone with any information on the case can remain anonymous and call Crime Stoppers at 843-STOP.
FOR THE RECORD:This story has been corrected to reflect that Kathyrn Levy is an assistant city attorney.
By Carolyn Carlson
Journal Staff Writer
An Albuquerque man who last week was awarded more than $300,000 in damages in a civil lawsuit against city police has been identified as the man found shot on Fourth Street on Thanksgiving.
Jerome J. Hall, 42, died on the way to the University of New Mexico Hospital after he was found Thursday evening in the 6700 block of Fourth Street, near Osuna, suffering from gunshot wounds, according to Sgt. David Knowles, spokesman for the Bernalillo County Sheriff's Department.
Just six days earlier, a U.S. District Court jury awarded Hall $307,030 in damages in an excessive force case against three Albuquerque Police officers.
Hall received second- and third-degree burns when one of the officers used a Taser on him multiple times during his 2002 arrest. Hall lost part of his ear as a result of being burned.
The jury found that officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when arresting Hall, according to court documents.
"This is really tragic," said attorney Robert Gorence, who represented Hall in the case. "Here we have someone who had put his life in order and finally had the means to do the things with his kids that he always wanted to do."
Hall did not live in the neighborhood where he was found shot, Gorence said Monday.
After last week's verdict, Hall said he had been addicted to drugs but had quit them and had gone through rehabilitation programs.
Hall said he was going to use the money from the verdict to help his four children and get his life back on track by going back to college in the fall.
Hall said he was a former medical technician and disabled Army veteran.
Gorence said he does not know if Hall had a will. He also said he did not know what city attorneys plan on doing in light of Hall's death.
"There are lots of things that need to be answered," Gorence said.
Assistant city attorney Kathryn Levy said her office is reviewing the case for post-trial motions.
"This is something we would normally do," Levy said.
She said she has never seen something like this before.
In the 2002 incident, Hall's attorneys claimed the officers had no lawful reason to arrest, assault or imprison Hall, saying he was just walking along Central in Nob Hill and complied with all of the officers' orders.
City attorneys claimed in court documents that the officers acted in good faith, using reasonable police procedures and tactics.
Court documents say Gonterman stopped Hall because police had received complaints of narcotic sales by people on foot in the area and that he had observed Hall acting suspiciously.
Knowles said detectives are investigating Hall's shooting as a homicide.
Anyone with any information on the case can remain anonymous and call Crime Stoppers at 843-STOP.
Saturday, November 18, 2006
APD Loses Brutality Case
Saturday, November 18, 2006
By Debra Dominguez-Lund
Copyright © 2006 Albuquerque Journal; Journal Staff Writer
A formerly homeless man who suffered severe burns and lost part of his ear when he was arrested by three Albuquerque police officers four years ago was awarded about $300,000 by a federal jury Friday.
Despite the verdict in U.S. District Court, Jerome Hall, who suffered permanent disfiguration from the September 2002 incident, said he'll never feel he's gotten complete justice.
"They took my dignity away from me in public," said Hall, who says police officers unlawfully arrested him, used Tasers on him and beat him excessively after he was warned not to walk along Central east of Nob Hill. "They treated me like an animal because I was black and homeless— like I was less than nothing. It was a public lynching in modern times."
The jury found that Albuquerque police officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when they arrested Hall in September 2002, said Hall's attorney, Louren Oliveros.
Kathryn Levy, the city attorney representing the police officers, couldn't be reached for comment.
However, City Attorney Robert White said the city accepts the jury's decision.
"The jury entered its verdict, and we accept its decision with regard to the amount (awarded to Hall)," White said. "And since that particular incident, APD has reviewed and changed its Taser policy."
Hall's attorneys claimed the officers had no lawful reason to arrest, assault or falsely imprison Hall, saying he was just walking along Central and complied with all officers' orders. City attorneys claimed in court documents that the officers acted in good faith, using reasonable police procedures and tactics.
City attorneys also maintained, according to court documents, that the officers had probable cause to arrest Hall, 42, for various crimes, including public nuisance, disorderly conduct, resisting arrest and criminal trespassing.
Court documents say Gonterman stopped Hall because police had received complaints of narcotic sales by people on foot in the area, and that he observed Hall acting suspiciously.
Oliveros claimed in the suit that the three officers beat Hall, and that Gonterman applied his Taser "to Mr. Hall's body multiple times inflicting second and third-degree burns."
She said Hall lost part of his ear as a result of being burned.
Hall admits that he had been addicted to drugs but says he has since been through rehabilitation programs. He said he's going to use the money to help get his life back on track and help his four children.
"I want to re-establish my relationships with them and eventually go back to college in the fall," said Hall, a former medical technician and disabled U.S. Army veteran.
"I hope my story shows people redemption is possible for anyone," said Hall, who said his drug addiction led him to homelessness. "The beating made me feel like I was written off as a subhuman, like I had no rights, like I was less than an animal and worthless.
"But homeless or not, we have rights and a voice," Hall said. "And I feel those men should not be cops or even security guards because they pose a possible threat to anyone who's not like them."
APD spokesman John Walsh said that because the incident took place in 2002 under former APD Chief Gilbert Gallegos, he didn't know whether the officers ever faced any disciplinary action. All three still work for APD.
"I'd be more than happy to review it, though," Walsh said. "But as far as that chapter's concerned, it's closed now."
"The position of the city is that it felt strong that the actions of the police officers back then fell under the scoping guidelines of 2002 and the use-of-force model (for Tasers)," said Walsh, adding that the Police Department's policy regarding Tasers has since been made much more restrictive.
Oliveros, who represented Hall with her husband, Robert Gorence, applauded the jury's verdict.
"The defendants did their best to make Hall look as least human as possible," she said. "But the jury's verdict is a good sign society is starting to see through racial and class profiling, as well as the complete disregard these people are often treated with."
By Debra Dominguez-Lund
Copyright © 2006 Albuquerque Journal; Journal Staff Writer
A formerly homeless man who suffered severe burns and lost part of his ear when he was arrested by three Albuquerque police officers four years ago was awarded about $300,000 by a federal jury Friday.
Despite the verdict in U.S. District Court, Jerome Hall, who suffered permanent disfiguration from the September 2002 incident, said he'll never feel he's gotten complete justice.
"They took my dignity away from me in public," said Hall, who says police officers unlawfully arrested him, used Tasers on him and beat him excessively after he was warned not to walk along Central east of Nob Hill. "They treated me like an animal because I was black and homeless— like I was less than nothing. It was a public lynching in modern times."
The jury found that Albuquerque police officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when they arrested Hall in September 2002, said Hall's attorney, Louren Oliveros.
Kathryn Levy, the city attorney representing the police officers, couldn't be reached for comment.
However, City Attorney Robert White said the city accepts the jury's decision.
"The jury entered its verdict, and we accept its decision with regard to the amount (awarded to Hall)," White said. "And since that particular incident, APD has reviewed and changed its Taser policy."
Hall's attorneys claimed the officers had no lawful reason to arrest, assault or falsely imprison Hall, saying he was just walking along Central and complied with all officers' orders. City attorneys claimed in court documents that the officers acted in good faith, using reasonable police procedures and tactics.
City attorneys also maintained, according to court documents, that the officers had probable cause to arrest Hall, 42, for various crimes, including public nuisance, disorderly conduct, resisting arrest and criminal trespassing.
Court documents say Gonterman stopped Hall because police had received complaints of narcotic sales by people on foot in the area, and that he observed Hall acting suspiciously.
Oliveros claimed in the suit that the three officers beat Hall, and that Gonterman applied his Taser "to Mr. Hall's body multiple times inflicting second and third-degree burns."
She said Hall lost part of his ear as a result of being burned.
Hall admits that he had been addicted to drugs but says he has since been through rehabilitation programs. He said he's going to use the money to help get his life back on track and help his four children.
"I want to re-establish my relationships with them and eventually go back to college in the fall," said Hall, a former medical technician and disabled U.S. Army veteran.
"I hope my story shows people redemption is possible for anyone," said Hall, who said his drug addiction led him to homelessness. "The beating made me feel like I was written off as a subhuman, like I had no rights, like I was less than an animal and worthless.
"But homeless or not, we have rights and a voice," Hall said. "And I feel those men should not be cops or even security guards because they pose a possible threat to anyone who's not like them."
APD spokesman John Walsh said that because the incident took place in 2002 under former APD Chief Gilbert Gallegos, he didn't know whether the officers ever faced any disciplinary action. All three still work for APD.
"I'd be more than happy to review it, though," Walsh said. "But as far as that chapter's concerned, it's closed now."
"The position of the city is that it felt strong that the actions of the police officers back then fell under the scoping guidelines of 2002 and the use-of-force model (for Tasers)," said Walsh, adding that the Police Department's policy regarding Tasers has since been made much more restrictive.
Oliveros, who represented Hall with her husband, Robert Gorence, applauded the jury's verdict.
"The defendants did their best to make Hall look as least human as possible," she said. "But the jury's verdict is a good sign society is starting to see through racial and class profiling, as well as the complete disregard these people are often treated with."
Wednesday, October 19, 2005
Teen Shocked By Taser to Sue Cops
By Jeremy Pawloski, Journal Staff Writer
The family of a 16-year-old boy who is accused of battering a police officer during a Frito pie food fight at Capital High School Oct. 5 will sue the Santa Fe Police Department for repeatedly shocking the teen with a Taser gun during the incident.
Sheri Raphaelson, 16-year-old Nick Mendoza's civil attorney, also said that at least one of the police officers who shocked Mendoza with a Taser during the incident called Mendoza a "mojado," or wetback.
Raphaelson said that Mendoza was shocked five times, and at least two of the Taser shocks came after Mendoza had already been handcuffed.
"There is no legal or ethical justification for Tasing this child after he was handcuffed and completely under the officers' control," Raphaelson said. "Tasing the child at that point could only have been for the amusement of the police officers."
City, state and county officers were called to Capital High Oct. 5 after students started throwing Frito pie at one another, leading to a disturbance that police said involved as many as 200 students. A security guard was treated for a mild concussion after he was hit in the head with a large object, possibly a bottle or rock.
Mendoza is charged in Santa Fe Children's Court with battery against a police officer and resisting arrest.
Prosecutor Heidi Zoyhofski said one police detective has already told a judge that when police responded at Capital High School, Mendoza was "trying to grab an officer around the waist, trying to body slam him to the ground."
Zoyhofski also noted that Mendoza has seven referrals to juvenile court for various juvenile offenses, and four of them are "for battery-type offenses."
Raphaelson said it is unfortunate that Mendoza is the only one who was charged in the aftermath of the Frito pie food fight, particularly in light of the fact that Mendoza was not even involved.
"He wasn't even in the cafeteria at the time of the food fight," Raphaelson said.
Santa Fe City Attorney Bruce Thompson said Tuesday he was not aware of the potential for litigation against the police department for shocking Mendoza, and so he did not have an immediate comment.
Santa Fe Deputy Police Chief Eric Johnson has said police who responded to the food fight "acted within our policy and procedure."
Mark Dickson, Mendoza's Children's Court attorney, said Tuesday, "It's unfortunate that Nick was Tased."
Dickson was present during a Tuesday hearing to decide whether Mendoza would be released from a juvenile detention facility pending the outcome of his charges.
Dickson added that Mendoza "is not a large adolescent by any means."
Zoyhofski said during Tuesday's hearing that Mendoza is a documented gang member, but Dickson denied that Mendoza is a member of any gang.
Raphaelson said the reason police paid any attention to Mendoza at all is because he had responded to other students who were yelling "mojado" at him.
Santa Fe District Judge Michael Vigil ruled that Mendoza must remain in custody until a juvenile hearing to be held Monday morning before Santa Fe Children's Court Judge Barbara Vigil.
During Monday's hearing, school officials will have already met to decide what Mendoza's school status will be, and that is an outcome that Judge Michael Vigil said he wants Judge Barbara Vigil to have at her disposal before she makes a ruling on whether he should remain in custody.
Raphaelson said that because Mendoza is a special education student, it is unlikely that he will be suspended from Capital High. If a school district suspends a special education student, that school district must pay to educate the student at home, under an individualized education plan.
The family of a 16-year-old boy who is accused of battering a police officer during a Frito pie food fight at Capital High School Oct. 5 will sue the Santa Fe Police Department for repeatedly shocking the teen with a Taser gun during the incident.
Sheri Raphaelson, 16-year-old Nick Mendoza's civil attorney, also said that at least one of the police officers who shocked Mendoza with a Taser during the incident called Mendoza a "mojado," or wetback.
Raphaelson said that Mendoza was shocked five times, and at least two of the Taser shocks came after Mendoza had already been handcuffed.
"There is no legal or ethical justification for Tasing this child after he was handcuffed and completely under the officers' control," Raphaelson said. "Tasing the child at that point could only have been for the amusement of the police officers."
City, state and county officers were called to Capital High Oct. 5 after students started throwing Frito pie at one another, leading to a disturbance that police said involved as many as 200 students. A security guard was treated for a mild concussion after he was hit in the head with a large object, possibly a bottle or rock.
Mendoza is charged in Santa Fe Children's Court with battery against a police officer and resisting arrest.
Prosecutor Heidi Zoyhofski said one police detective has already told a judge that when police responded at Capital High School, Mendoza was "trying to grab an officer around the waist, trying to body slam him to the ground."
Zoyhofski also noted that Mendoza has seven referrals to juvenile court for various juvenile offenses, and four of them are "for battery-type offenses."
Raphaelson said it is unfortunate that Mendoza is the only one who was charged in the aftermath of the Frito pie food fight, particularly in light of the fact that Mendoza was not even involved.
"He wasn't even in the cafeteria at the time of the food fight," Raphaelson said.
Santa Fe City Attorney Bruce Thompson said Tuesday he was not aware of the potential for litigation against the police department for shocking Mendoza, and so he did not have an immediate comment.
Santa Fe Deputy Police Chief Eric Johnson has said police who responded to the food fight "acted within our policy and procedure."
Mark Dickson, Mendoza's Children's Court attorney, said Tuesday, "It's unfortunate that Nick was Tased."
Dickson was present during a Tuesday hearing to decide whether Mendoza would be released from a juvenile detention facility pending the outcome of his charges.
Dickson added that Mendoza "is not a large adolescent by any means."
Zoyhofski said during Tuesday's hearing that Mendoza is a documented gang member, but Dickson denied that Mendoza is a member of any gang.
Raphaelson said the reason police paid any attention to Mendoza at all is because he had responded to other students who were yelling "mojado" at him.
Santa Fe District Judge Michael Vigil ruled that Mendoza must remain in custody until a juvenile hearing to be held Monday morning before Santa Fe Children's Court Judge Barbara Vigil.
During Monday's hearing, school officials will have already met to decide what Mendoza's school status will be, and that is an outcome that Judge Michael Vigil said he wants Judge Barbara Vigil to have at her disposal before she makes a ruling on whether he should remain in custody.
Raphaelson said that because Mendoza is a special education student, it is unlikely that he will be suspended from Capital High. If a school district suspends a special education student, that school district must pay to educate the student at home, under an individualized education plan.
Teen Shocked By Taser to Sue Cops
By Jeremy Pawloski , Journal Staff Writer
The family of a 16-year-old boy who is accused of battering a police officer during a Frito pie food fight at Capital High School Oct. 5 will sue the Santa Fe Police Department for repeatedly shocking the teen with a Taser gun during the incident.
Sheri Raphaelson, 16-year-old Nick Mendoza's civil attorney, also said that at least one of the police officers who shocked Mendoza with a Taser during the incident called Mendoza a "mojado," or wetback.
Raphaelson said that Mendoza was shocked five times, and at least two of the Taser shocks came after Mendoza had already been handcuffed.
"There is no legal or ethical justification for Tasing this child after he was handcuffed and completely under the officers' control," Raphaelson said. "Tasing the child at that point could only have been for the amusement of the police officers."
City, state and county officers were called to Capital High Oct. 5 after students started throwing Frito pie at one another, leading to a disturbance that police said involved as many as 200 students. A security guard was treated for a mild concussion after he was hit in the head with a large object, possibly a bottle or rock.
Mendoza is charged in Santa Fe Children's Court with battery against a police officer and resisting arrest.
Prosecutor Heidi Zoyhofski said one police detective has already told a judge that when police responded at Capital High School, Mendoza was "trying to grab an officer around the waist, trying to body slam him to the ground."
Zoyhofski also noted that Mendoza has seven referrals to juvenile court for various juvenile offenses, and four of them are "for battery-type offenses."
Raphaelson said it is unfortunate that Mendoza is the only one who was charged in the aftermath of the Frito pie food fight, particularly in light of the fact that Mendoza was not even involved.
"He wasn't even in the cafeteria at the time of the food fight," Raphaelson said.
Santa Fe City Attorney Bruce Thompson said Tuesday he was not aware of the potential for litigation against the police department for shocking Mendoza, and so he did not have an immediate comment.
Santa Fe Deputy Police Chief Eric Johnson has said police who responded to the food fight "acted within our policy and procedure."
Mark Dickson, Mendoza's Children's Court attorney, said Tuesday, "It's unfortunate that Nick was Tased."
Dickson was present during a Tuesday hearing to decide whether Mendoza would be released from a juvenile detention facility pending the outcome of his charges.
Dickson added that Mendoza "is not a large adolescent by any means."
Zoyhofski said during Tuesday's hearing that Mendoza is a documented gang member, but Dickson denied that Mendoza is a member of any gang.
Raphaelson said the reason police paid any attention to Mendoza at all is because he had responded to other students who were yelling "mojado" at him.
Santa Fe District Judge Michael Vigil ruled that Mendoza must remain in custody until a juvenile hearing to be held Monday morning before Santa Fe Children's Court Judge Barbara Vigil.
During Monday's hearing, school officials will have already met to decide what Mendoza's school status will be, and that is an outcome that Judge Michael Vigil said he wants Judge Barbara Vigil to have at her disposal before she makes a ruling on whether he should remain in custody.
Raphaelson said that because Mendoza is a special education student, it is unlikely that he will be suspended from Capital High. If a school district suspends a special education student, that school district must pay to educate the student at home, under an individualized education plan.
The family of a 16-year-old boy who is accused of battering a police officer during a Frito pie food fight at Capital High School Oct. 5 will sue the Santa Fe Police Department for repeatedly shocking the teen with a Taser gun during the incident.
Sheri Raphaelson, 16-year-old Nick Mendoza's civil attorney, also said that at least one of the police officers who shocked Mendoza with a Taser during the incident called Mendoza a "mojado," or wetback.
Raphaelson said that Mendoza was shocked five times, and at least two of the Taser shocks came after Mendoza had already been handcuffed.
"There is no legal or ethical justification for Tasing this child after he was handcuffed and completely under the officers' control," Raphaelson said. "Tasing the child at that point could only have been for the amusement of the police officers."
City, state and county officers were called to Capital High Oct. 5 after students started throwing Frito pie at one another, leading to a disturbance that police said involved as many as 200 students. A security guard was treated for a mild concussion after he was hit in the head with a large object, possibly a bottle or rock.
Mendoza is charged in Santa Fe Children's Court with battery against a police officer and resisting arrest.
Prosecutor Heidi Zoyhofski said one police detective has already told a judge that when police responded at Capital High School, Mendoza was "trying to grab an officer around the waist, trying to body slam him to the ground."
Zoyhofski also noted that Mendoza has seven referrals to juvenile court for various juvenile offenses, and four of them are "for battery-type offenses."
Raphaelson said it is unfortunate that Mendoza is the only one who was charged in the aftermath of the Frito pie food fight, particularly in light of the fact that Mendoza was not even involved.
"He wasn't even in the cafeteria at the time of the food fight," Raphaelson said.
Santa Fe City Attorney Bruce Thompson said Tuesday he was not aware of the potential for litigation against the police department for shocking Mendoza, and so he did not have an immediate comment.
Santa Fe Deputy Police Chief Eric Johnson has said police who responded to the food fight "acted within our policy and procedure."
Mark Dickson, Mendoza's Children's Court attorney, said Tuesday, "It's unfortunate that Nick was Tased."
Dickson was present during a Tuesday hearing to decide whether Mendoza would be released from a juvenile detention facility pending the outcome of his charges.
Dickson added that Mendoza "is not a large adolescent by any means."
Zoyhofski said during Tuesday's hearing that Mendoza is a documented gang member, but Dickson denied that Mendoza is a member of any gang.
Raphaelson said the reason police paid any attention to Mendoza at all is because he had responded to other students who were yelling "mojado" at him.
Santa Fe District Judge Michael Vigil ruled that Mendoza must remain in custody until a juvenile hearing to be held Monday morning before Santa Fe Children's Court Judge Barbara Vigil.
During Monday's hearing, school officials will have already met to decide what Mendoza's school status will be, and that is an outcome that Judge Michael Vigil said he wants Judge Barbara Vigil to have at her disposal before she makes a ruling on whether he should remain in custody.
Raphaelson said that because Mendoza is a special education student, it is unlikely that he will be suspended from Capital High. If a school district suspends a special education student, that school district must pay to educate the student at home, under an individualized education plan.
Sunday, August 21, 2005
N.M. Officers Suing Taser Firm
The Associated Press
PHOENIX— Police officers in New Mexico and four other states have filed lawsuits against Arizona-based Taser International Inc., claiming they were seriously injured after being shocked with the electronic stun gun during training classes.
All of the lawsuits have been filed in the past two weeks, including four in Maricopa County Superior Court here on behalf of officers in Florida, Kansas, New Mexico and Ohio.
The officers allege they suffered "severe and permanent" injuries, including multiple spinal fractures, burns, a shoulder dislocation and soft-tissue injuries.
The lawsuits challenge Taser's principal safety claim and accuse the company of misleading law enforcement about the extent of potential injuries. They also accuse company officials of concealing reports of injuries to at least a dozen other law enforcement officers.
Taser, based in Scottsdale, has marketed the weapons to 7,000 law enforcement agencies and promoted the gun's safety.
The devices temporarily paralyze people with a 50,000-volt jolt delivered by two barbed darts that can penetrate clothing.
The American Civil Liberties Union reports more than 130 deaths in the United States related to Tasers, while Amnesty International reports more than 120 deaths in the U.S. and Canada— both figures since June 2001.
Taser International has consistently denied that its products are to blame in the deaths, arguing that none have been directly linked to Tasers.
The company also contends Tasers have saved thousands of lives— suspects who might otherwise have been fatally shot by police.
In a statement Friday, Taser vice president Steve Tuttle said the company planned to "aggressively fight" all of the lawsuits.
In their lawsuits, the officers allege they were injured in training classes between August 2003 and October 2004.
They say that Taser instructors did not reveal any medical information suggesting that the guns could cause injuries and they claim the company has ignored important research suggesting the guns could be extremely dangerous, if not fatal.
PHOENIX— Police officers in New Mexico and four other states have filed lawsuits against Arizona-based Taser International Inc., claiming they were seriously injured after being shocked with the electronic stun gun during training classes.
All of the lawsuits have been filed in the past two weeks, including four in Maricopa County Superior Court here on behalf of officers in Florida, Kansas, New Mexico and Ohio.
The officers allege they suffered "severe and permanent" injuries, including multiple spinal fractures, burns, a shoulder dislocation and soft-tissue injuries.
The lawsuits challenge Taser's principal safety claim and accuse the company of misleading law enforcement about the extent of potential injuries. They also accuse company officials of concealing reports of injuries to at least a dozen other law enforcement officers.
Taser, based in Scottsdale, has marketed the weapons to 7,000 law enforcement agencies and promoted the gun's safety.
The devices temporarily paralyze people with a 50,000-volt jolt delivered by two barbed darts that can penetrate clothing.
The American Civil Liberties Union reports more than 130 deaths in the United States related to Tasers, while Amnesty International reports more than 120 deaths in the U.S. and Canada— both figures since June 2001.
Taser International has consistently denied that its products are to blame in the deaths, arguing that none have been directly linked to Tasers.
The company also contends Tasers have saved thousands of lives— suspects who might otherwise have been fatally shot by police.
In a statement Friday, Taser vice president Steve Tuttle said the company planned to "aggressively fight" all of the lawsuits.
In their lawsuits, the officers allege they were injured in training classes between August 2003 and October 2004.
They say that Taser instructors did not reveal any medical information suggesting that the guns could cause injuries and they claim the company has ignored important research suggesting the guns could be extremely dangerous, if not fatal.
Saturday, August 6, 2005
All City Officers to Carry TASERs
By Joshua Akers, Journal Staff Writer
Every police officer working the streets in Rio Rancho will soon have a TASER.
The Department of Public Safety is ordering 28 new TASERs with money it received from a federal grant.
Rio Rancho received $23,107 from the Bureau of Justice Assistance to purchase the TASERs. Each costs just over $800.
The city plans to use an additional $2,107 from forfeited drug funds to purchase five cases of TASER cartridges and pay for training on the weapon.
Deputy Chief Steve Shaw said Friday that the TASER is one of the most effective weapons in the city's arsenal.
"It is the most effective less-than-lethal-force weapon we have available to us," Shaw said. "Not just for Rio Rancho, but in all law enforcement."
The TASER, which looks similar to a handgun, fires two metal probes into a suspect. Once the probes connect, a charge of electricity is sent through the connecting wires that immobilizes the person.
Rio Rancho officer Shelby Smith has trained DPS officers on TASER use for the past two years.
Smith said the modern TASER evolved from the early "stun guns," which were handheld.
"The stun gun was more of a pain weapon that a suspect with enough concentration or high pain threshold could fight through," Smith said. "The TASER is more effective because it mimics the electric impulses the brain sends to the muscle."
A five-second jolt from the TASER gives officers the opportunity to handcuff an unruly suspect, Shaw said.
DPS has seen the number of officer and suspect injuries drop since it began using the TASER in 2001, Shaw said.
"Prior to the use of the TASER, we would see a lot of officers with knee injuries or torn rotator cuffs and suspects with injuries that resulted in lawsuits against the city," Shaw said. "Since the TASER, I cannot recall the last injury we've seen from a confrontation with a subject."
As more and more law enforcement agencies have employed the TASER, some people have questioned the safety of the weapon.
Those questions were brought on by the deaths of some people after being shot by the TASER.
Shaw and Smith said there were other factors involved in those deaths beside the TASER.
"I don't think any of those incidents are directly attributable to the TASER," Shaw said. "With the people that died, there were other things going on like drugs."
Smith said officers who are trained to use TASERs are instructed to make a judgment call about when the TASER should be used.
The city hopes to have the majority of its officers trained to use the weapon by the end of this month.
TASERs will be distributed to field officers once they arrive.
Rio Rancho currently has 28 officers carrying TASERs. DPS has 20 TASERs ordered and plans to order the 28 to be paid for with the grant money as soon as the City Council approves a budget adjustment.
Shaw said when the TASERs arrive depends on the company's production schedule.
The council is scheduled to consider the budget adjustment at its meeting Sept. 14.
Every police officer working the streets in Rio Rancho will soon have a TASER.
The Department of Public Safety is ordering 28 new TASERs with money it received from a federal grant.
Rio Rancho received $23,107 from the Bureau of Justice Assistance to purchase the TASERs. Each costs just over $800.
The city plans to use an additional $2,107 from forfeited drug funds to purchase five cases of TASER cartridges and pay for training on the weapon.
Deputy Chief Steve Shaw said Friday that the TASER is one of the most effective weapons in the city's arsenal.
"It is the most effective less-than-lethal-force weapon we have available to us," Shaw said. "Not just for Rio Rancho, but in all law enforcement."
The TASER, which looks similar to a handgun, fires two metal probes into a suspect. Once the probes connect, a charge of electricity is sent through the connecting wires that immobilizes the person.
Rio Rancho officer Shelby Smith has trained DPS officers on TASER use for the past two years.
Smith said the modern TASER evolved from the early "stun guns," which were handheld.
"The stun gun was more of a pain weapon that a suspect with enough concentration or high pain threshold could fight through," Smith said. "The TASER is more effective because it mimics the electric impulses the brain sends to the muscle."
A five-second jolt from the TASER gives officers the opportunity to handcuff an unruly suspect, Shaw said.
DPS has seen the number of officer and suspect injuries drop since it began using the TASER in 2001, Shaw said.
"Prior to the use of the TASER, we would see a lot of officers with knee injuries or torn rotator cuffs and suspects with injuries that resulted in lawsuits against the city," Shaw said. "Since the TASER, I cannot recall the last injury we've seen from a confrontation with a subject."
As more and more law enforcement agencies have employed the TASER, some people have questioned the safety of the weapon.
Those questions were brought on by the deaths of some people after being shot by the TASER.
Shaw and Smith said there were other factors involved in those deaths beside the TASER.
"I don't think any of those incidents are directly attributable to the TASER," Shaw said. "With the people that died, there were other things going on like drugs."
Smith said officers who are trained to use TASERs are instructed to make a judgment call about when the TASER should be used.
The city hopes to have the majority of its officers trained to use the weapon by the end of this month.
TASERs will be distributed to field officers once they arrive.
Rio Rancho currently has 28 officers carrying TASERs. DPS has 20 TASERs ordered and plans to order the 28 to be paid for with the grant money as soon as the City Council approves a budget adjustment.
Shaw said when the TASERs arrive depends on the company's production schedule.
The council is scheduled to consider the budget adjustment at its meeting Sept. 14.
Saturday, May 21, 2005
Man Stunned With TASER Dies; Victim Fought With Officers
By Jeff Proctor, Journal Staff Writer
An Albuquerque man who was stunned multiple times with a TASER during an altercation with police died Friday at University of New Mexico Hospital.
Randy Martinez, 40, died about 2:45 p.m., hospital spokeswoman Cindy Foster said.
It's the second TASER-related death in the state, following one that occurred in March 2003.
Police suspect Martinez was under the influence of drugs or may have had a pre-existing medical condition, APD spokeswoman Trish Ahrensfield said. But a cause of death has yet to be determined.
"We're awaiting the results of toxicology and autopsy reports, and we've done a thorough investigation," Ahrensfield said. "We'll submit it to the DA's office, and they will say if we have done anything wrong."
Police were summoned about 8 p.m. Wednesday by Martinez's mother, who said her son was out of control at her 1709 53rd NW home.
Martinez became combative with police, Ahrensfield said. One of the responding officers shot him with a gun-like TASER, which shoots two quarter-inch darts that send 26 watts of electricity into a person.
A TASER shock typically renders a subject helpless. But Martinez pulled the darts from his body and continued to fight with police. He was stunned again and eventually fell unconscious.
APD started using TASERs in the early 1990s and has about 550 of the devices. Most patrol officers carry them.
The March 2003 death occurred when Albuquerque police used a TASER gun and pepper spray on a combative vandalism suspect.
According to a report by the Seattle Post-Intelligencer, 69 people nationwide have died after being shot by a TASER between 2000 and 2004.
An Albuquerque man who was stunned multiple times with a TASER during an altercation with police died Friday at University of New Mexico Hospital.
Randy Martinez, 40, died about 2:45 p.m., hospital spokeswoman Cindy Foster said.
It's the second TASER-related death in the state, following one that occurred in March 2003.
Police suspect Martinez was under the influence of drugs or may have had a pre-existing medical condition, APD spokeswoman Trish Ahrensfield said. But a cause of death has yet to be determined.
"We're awaiting the results of toxicology and autopsy reports, and we've done a thorough investigation," Ahrensfield said. "We'll submit it to the DA's office, and they will say if we have done anything wrong."
Police were summoned about 8 p.m. Wednesday by Martinez's mother, who said her son was out of control at her 1709 53rd NW home.
Martinez became combative with police, Ahrensfield said. One of the responding officers shot him with a gun-like TASER, which shoots two quarter-inch darts that send 26 watts of electricity into a person.
A TASER shock typically renders a subject helpless. But Martinez pulled the darts from his body and continued to fight with police. He was stunned again and eventually fell unconscious.
APD started using TASERs in the early 1990s and has about 550 of the devices. Most patrol officers carry them.
The March 2003 death occurred when Albuquerque police used a TASER gun and pepper spray on a combative vandalism suspect.
According to a report by the Seattle Post-Intelligencer, 69 people nationwide have died after being shot by a TASER between 2000 and 2004.
Friday, February 20, 2004
Suit Against City, Officer Dismissed
By Scott Sandlin, Journal Staff Writer
The city of Albuquerque and a city police officer are the winners in an excessive force lawsuit brought by the father of a girl shot with a Taser gun in 2000.
After two days of jury trial this week in federal court in Roswell, Judge Bobby Baldock granted a judgment Thursday in favor of the city before the defense presented its case.
The lawsuit was filed in 2002 by Andrew Aragon on behalf of his daughter, Christina Aragon, a high school student who was planning to attend a party at a vacant house. APD Officer Jeff Ferner shot the student as she attempted to flee from the home.
Baldock, a senior judge on the U.S. 10th Circuit Court of Appeals, takes some New Mexico federal district court cases.
Baldock dismissed the lawsuit after ruling there was "no legally sufficient evidentiary basis on which a reasonable jury could find for the plaintiff."
According to the lawsuit, Christina Aragon was with friends who "believed they were supposed (to) open the house for a band to set up their equipment."
The Oct. 21, 2000, party at a home in the 900 block of Solano NE had been advertised through a flier circulated at Sandia High School. A copy of the flier was faxed to the Albuquerque Police Department because of satanic references, said Luis Robles, who represented Ferner at trial.
The students did not have permission to be in the vacant house, and APD officers waited at the home to see if anyone would illegally enter, the defense said.
Officers saw several individuals in Hidden Park, which is behind the home, jump the fence and attempt to enter the home.
After Aragon was shot, she underwent emergency surgery to remove metal barbs shot by the Taser, the complaint states. The barbs are connected to a handheld unit by thin wires that pulse electrical current into the target.
"His intention was to hit her in the back (only with the Taser charge), but because she was running down steps one of the barbs hit her in the back," Robles said.
In dismissing the case, Baldock also ruled the city can recover its costs from the plaintiff.
The city of Albuquerque and a city police officer are the winners in an excessive force lawsuit brought by the father of a girl shot with a Taser gun in 2000.
After two days of jury trial this week in federal court in Roswell, Judge Bobby Baldock granted a judgment Thursday in favor of the city before the defense presented its case.
The lawsuit was filed in 2002 by Andrew Aragon on behalf of his daughter, Christina Aragon, a high school student who was planning to attend a party at a vacant house. APD Officer Jeff Ferner shot the student as she attempted to flee from the home.
Baldock, a senior judge on the U.S. 10th Circuit Court of Appeals, takes some New Mexico federal district court cases.
Baldock dismissed the lawsuit after ruling there was "no legally sufficient evidentiary basis on which a reasonable jury could find for the plaintiff."
According to the lawsuit, Christina Aragon was with friends who "believed they were supposed (to) open the house for a band to set up their equipment."
The Oct. 21, 2000, party at a home in the 900 block of Solano NE had been advertised through a flier circulated at Sandia High School. A copy of the flier was faxed to the Albuquerque Police Department because of satanic references, said Luis Robles, who represented Ferner at trial.
The students did not have permission to be in the vacant house, and APD officers waited at the home to see if anyone would illegally enter, the defense said.
Officers saw several individuals in Hidden Park, which is behind the home, jump the fence and attempt to enter the home.
After Aragon was shot, she underwent emergency surgery to remove metal barbs shot by the Taser, the complaint states. The barbs are connected to a handheld unit by thin wires that pulse electrical current into the target.
"His intention was to hit her in the back (only with the Taser charge), but because she was running down steps one of the barbs hit her in the back," Robles said.
In dismissing the case, Baldock also ruled the city can recover its costs from the plaintiff.
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