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Re: Taser held responsible in Salinas death---Jury awards family $6 millio n

From: <restorative.justice.for.all_at_(domain_name_was_removed)>
Date: Sat Jun 07 2008 - 14:25:44 PDT


Dennis Burns, we will hold you responsible for any deaths related to tasers in our community!
Including where you state in "Yore" taser policy; the tasing of "the not so obviously pregnant".

Does this include the 3 months to 6 months pregnant! Dennis how do you tell and when does it become obvious to you?

[image: http://www.gifttrap.com/gallery-main/image_full/2135/]<http://www.google.com/imgres?imgurl=http://www.gifttrap.com/images/the_fetus_friends1.jpg&imgrefurl=http://www.gifttrap.com/gallery-main/image_full/2135/&h=1536&w=2048&sz=419&tbnid=Ys8rxm2HqVEJ:&tbnh=113&tbnw=150&prev=/images%3Fq%3Dfetus&hl=en&sa=X&oi=image_result&resnum=1&ct=image&cd=1>[image: http://www.artcentergraphics.com/PLANPAR.htm]<http://www.google.com/imgres?imgurl=http://www.artcentergraphics.com/images/fetus.jpg&imgrefurl=http://www.artcentergraphics.com/PLANPAR.htm&h=339&w=397&sz=54&tbnid=FCl1bALfUhwJ:&tbnh=106&tbnw=124&prev=/images%3Fq%3Dfetus&hl=en&sa=X&oi=image_result&resnum=1&ct=image&cd=2>

The Dennis Burns taser policy attached and approved by Gennaco and Miller, IPA officers and attorneys for Chief Johnson.

On 6/7/08, abjpd1@juno.com <abjpd1@juno.com> wrote:

>
>
> ---------- Forwarded Message ----------
>
> Taser held responsible in Salinas death Jury awards family $6 million,
> exonerates Salinas police
> By JIM JOHNSON
> Herald Salinas Bureau
> Article Last Updated: 06/07/2008 07:41:49 AM PDT
>
> A federal jury has held Taser International responsible for the death of
> a Salinas man in U.S. District Court in San Jose on Friday, and awarded his
> family more than $6 million in punitive and compensatory damages.
>
> *An attorney for the family called the verdict a "landmark decision," and
> indicated that it was the first time Taser International had been held
> responsible for a death or injury linked to its product. *
>
> But the jury exonerated Salinas police, including four officers, in the
> death of 40-year-old Robert Heston Jr. on Feb. 20, 2005. Heston died a day
> after being shocked repeatedly by officers using Tasers. *An autopsy found
> that Heston died from a combination of methamphetamine intoxication, an
> enlarged heart due to long-term drug abuse, and Taser shocks*.
>
> Heston's parents, Betty Lou and Robert Sr., and their daughter sued Taser
> International. They alleged the company failed to properly warn users that
> its product could be dangerous, and even lethal, when used repeatedly in
> conjunction with chest compressions and on people under the influence of
> drugs.
>
> The family alleged wrongful death, assault and battery, and negligence in
> their suit against the Salinas Police Department and officers Juan Ruiz,
> James Godwin, Lek Livingston and Michael Dominici.
>
> *The six-person jury found that Arizona-based stun-gun manufacturer Taser
> International should have more effectively warned police that Taser shocks
> were potentially dangerous. Salinas police testified during *
> *the trial that they were not warned that the shocks could be dangerous.*
>
> *A possible precedent*
>
> *Plaintiffs attorney John Burton said the verdict is precedent setting,
> noting that this was the first time a jury found Tasers are dangerous when
> used too often*.
>
> "We're overjoyed," Burton said.
>
> According to Burton, the verdict included $5.2 million in punitive damages,
> and $1.021 million in compensatory damages. The jury found that the victim
> was 85 percent at fault, resulting in an apportioned final damages award.
>
> Co-counsel Peter Williamson said the Heston family was "absolutely
> overwhelmed and extremely proud that they stood up for their son and
> brother."
>
> Williamson said he spoke to three jurors, including the jury foreman, after
> the decision. *He said the jury agreed with the "crux of our case," that
> Taser International should have made more of an effort to warn people about
> their product once they realized it was potentially dangerous, perhaps even
> e-mailing all its customers. *
>
> "*They should have sent out a warning and they didn't," he said*.
>
> Burton said he still believes Salinas police should have been held
> accountable, but understood the jury's rationale.
>
> "Taser continued to say their product was safe," he said.
>
> City Attorney Vanessa Vallarta said in a statement, "We are pleased and
> relieved by the verdict. This is a sad and tragic case. The jury affirmed
> that our officers did exactly what they were trained to do in the course of
> a very violent episode."
>
> Contacted later by phone, *Vallarta said the verdict "certainly raises
> questions" about the use of Tasers and the city would be evaluating their
> use*.
>
> The decision "does put the state of the law somewhat in flux on this," she
> said. "In light of current scientific evidence, there may be a need for a
> change in procedures."
>
> *No big changes planned*
>
> Salinas Police Chief Daniel Ortega said his department wouldn't make any
> major changes in its Taser use and training procedures, despite the verdict
> finding that Tasers can be dangerous. Ortega said he was "elated" that his
> department was exonerated and called his officers "heroes" in the incident.
> He expressed doubt about the verdict against Taser International and said he
> expected the company to appeal the decision.
>
> "I have absolutely no intention of not using Tasers," Ortega said. "It's
> not going to change a whole lot."
>
> Ortega said he would keep trying to purchase Taser cams, which videotape
> incidents when Tasers are used, and suggested that if the officers had been
> equipped with the Taser cams the trial never would have occurred.
>
> Salinas police responded to Heston Sr.'s Rodeo Avenue home in 2005 after a
> friend called 911 to report that Heston Jr. was behaving violently.
>
> In an attempt to subdue agitated Heston Jr., who was later found to have
> high levels of methamphetamine in his system, officers shocked him
> repeatedly with Tasers. Some shocks were administered after Heston Jr. was
> held down by several officers.
>
> When Heston Jr. began turning blue, the officers started CPR and he was
> raced to Natividad Medical Center. But he never regained consciousness and
> died the next day.
>
> Burton contended that Heston Jr. was shocked 30 times.
>
> Taser International representatives did not offer comment on the decision.
>
> Jim Johnson can be reached at jjohnson@montereyherald.com or 753-6753
>
>

-- 
"It is said that power corrupts, but actually it's more true that power
attracts the corruptible. The sane are usually attracted by other things
than power."

David Brin quotes (American science-fiction writer b.1950


Received on Sat Jun 7 14:26:34 2008

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