Police Use of Tasers Doesn't Consider Assailant's Age

• Taser Used on Middle School Student
  

"The officers tried to take the student into custody and during the arrest, the student was 'drive' stunned one time with a Taser," Desmond said. "The student was then compliant with officer’s directions and the arrest continued without further incident."  

Desmond declined to release information about the juvenile's identity, citing his protection as a minor. "We've already narrowed it down to 800 students. If we release any more information, it's going to narrow it down more," she says.
 
When police determine whether circumstances warrant the use of a stun gun, Desmond says, is a "gray area." 

"You have to go with each individual officer, what their stature is, what their capabilities are, how big their assailant is — all that plays into when we decide what we're going to use, whether it's our hands, whether it's our baton, whether it's our Tasers. It's the officer's choice in what they want to use and choose to control the situation," Desmond said, adding for each officer, circumstances differ. 

"We're given tools, but then we have to decide how to use them." 

In Middletown, there are broad guidelines for Taser use for the very young or the very old. For the deployment of electronic control devices, the city's police Use of Force Policy states, "only law enforcement Officers who have satisfactorily completed the requisite training and recertification course(s) shall be authorized to carry an ECD and to use it in the field."

In non-lethal force situations, while not prohibited, when possible, officers should avoid using the Taser on certain individuals, according to Middletown Police's use of force document.

These are: persons in control of a vehicle, pregnant women, individuals with known neuromuscular disorders such as multiples sclerosis, muscular dystrophy or epilepsy; and persons very young or old or obviously feeble. 

House Bill 6014, An Act Concerning the Safe Use of Electronic Defense Weapons is one of two pieces of legislation introduced this session that seek to regulate the use of Tasers by police. It was filed by state Rep. Lawrence Butler, D-Waterbury, following the death in that city in 2011 of 26-year-old Marcus Brown, who died after he was Tasered by police. 

Butler’s bill would require police to seek medical attention for anyone Tasered and for police to file reports when using their stun guns on a suspect. It is similar to House Bill 6628, submitted by the legislature's Judiciary Committee staff, which also calls for training of police on Tasers and would require medical attention for anyone stunned by a Taser gun. 

Hartford state Rep. Douglas McCrory, D-7th, is a co-sponsor of HB-6014. A vice principal for the Capitol Region Education Council, McCrory has been an educator for 20 years and has taught middle school. He's adamant that the legislation becomes law. 

"I believe that something needs to be done, especially in light of what happened just now in Middletown," McCrory says, adding that he isn't privy to the particulars of the Woodrow Wilson Middle School incident.   

"As an educator, I can't imagine what circumstances would cause a middle school person to be Tased. Those things are usually handled by administrators or security guards. I can't imagine how a police officer had to be called in. That's beyond my comprehension right now."   

Cromwell Police Chief Anthony Salvatore, chair of the Police Officer Standards & Training Council, who is also legislative chair of the Connecticut Police Chiefs Association, is creating a guide to be used by all departments in the state regarding Taser use. "It's in draft form. The final version will be in place by July 1 for all departments," he says. 

It does not specifically address minors, Salvatore says, and he declined to speculate on the Middletown incident. "As long as it's lawful under Connecticut law to use force, then the electronic control device would be permissible."  

Police are required to follow a Use of Force statute to make a determination, Salvatore says, and "take into consideration size and weight and combativeness of the individual … whether they were hurting themselves or others." 

The American Civil Liberties Union of Connecticut supports the measures, saying police use of Tasers has killed 11 people in this state since 2005 and that department policies on the use of stun guns “vary widely” among local police departments. Stun guns are also disproportionately used on minorities, the ACLU says in written testimony to the committee. 

"Currently, there are no regulations for police use of Tasers in Connecticut," says David McGuire, staff attorney for the state ACLU. The proposed bill will require police to undergo four hours of training and require tracking of Taser use in the state.   

"When a Taser is fired, several data points will be taken in terms of the of who fired the Taser, the race and gender of the person it was used on, how many time the Taser was fired," McGuire says. "It's important to know that respected organizations like the International Association of Chiefs of Police and the Police Executive Research Forum have both recommended that there be comprehensive training." 

McCrory says he expects HB-6014 to be voted on any day. 

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