Features » November 13, 2006

Stunning Revelations

The untold story of Taser-related deaths

By Silja J.A. Talvi

Taser International co-founder and CEO Rick Smith shows how the company's X-26 Taser can be mounted to a rifle. The X-26 is being used in this manner by the military in Iraq.

TASER International Inc. maintains that its stun-guns are “changing the world and saving lives everyday.” There is no question that they changed Jack Wilson’s life. On Aug. 4, in Lafayette, Colo., policemen on a stakeout approached Jack’s son Ryan as he entered a field of a dozen young marijuana plants. When Ryan took off running, officer John Harris pursued the 22-year-old for a half-mile and then shot him once with an X-26 Taser. Ryan fell to the ground and began to convulse. The officer attempted cardiopulmonary resuscitation, but Ryan died.

According to his family and friends, Ryan was in very good physical shape. The county coroner found no evidence of alcohol or drugs in his system and ruled that Ryan’s death could be attributed to the Taser shock, physical exertion from the chase and the fact that one of his heart arteries was unusually small.

In October, an internal investigation cleared Officer Harris of any wrongdoing and concluded that he had used appropriate force.

Wilson says that while his son had had brushes with the law as a juvenile and struggled financially, he was a gentle and sensitive young man who always looked out for his disabled younger brother’s welfare, and was trying to better his job prospects by becoming a plumber’s apprentice.

“Ryan was not a defiant kid,” says his father. “I don’t understand why the cop would chase him for a half-mile, and then ‘Tase’ him while he had an elevated heart rate. If [the officer] hadn’t done that, we know that he would still be alive today.”

Ryan is one of nearly 200 people who have died in the last five years after being shot by a Taser stun gun. In June, the U.S. Department of Justice announced that it would review these deaths.

Over the same period, Taser has developed a near-monopoly in the market for non-lethal weaponry. Increasingly, law enforcement officials use such weapons to subdue society’s most vulnerable members: prisoners, drug addicts and the mentally ill, along with “passive resisters,” like the protesters demonstrating against Florida Governor Jeb Bush’s attendance of a Rick Santorum fundraiser in Pittsburgh on Oct. 9. (See sidebar, “Passive Resisters.”)

Taser has built this monopoly through influence peddling, savvy public relations and by hiring former law enforcement and military officers—including one-time Homeland Security chief hopeful, Bernard Kerik. And now that questions are being raised about the safety of Taser weaponry, the company is fighting back with legal and marketing campaigns.

Birth of a Taser

In 1974, a NASA scientist named Jack Cover invented the first stun gun, which he named the TASER, or “Thomas A. Swift Electric Rifle,” after Tom Swift, a fictional young inventor who was the hero of a series of early 20th century adventure novels. Because it relied on gunpowder, the Bureau of Alcohol, Tobacco and Firearms classified Tasers as registered firearms.

That changed in the early ’90s. According to Taser’s corporate creation story, co-founder Rick Smith became interested in the device after friends of his “were brutally murdered by an angry motorist.” Smith contacted Cover in the hopes of bringing the Taser as a self-defense weapon to a larger market. In 1993, with money from Smith’s brother Tom, they created Air Taser Inc., which would later become Taser International Inc. When Tasers were re-engineered to work with a nitrogen propellant rather than gunpowder, the weapon was no longer categorized as a firearm. The Los Angeles County Sheriff’s Department adopted the guns, but they were not widely embraced by other departments.

Taser’s fortunes improved in 1998, after the company embarked on a new development program, named “Project Stealth.” The goal was to streamline stun gun design and deliver enough voltage to stop “extremely combative, violent individuals,” especially those who couldn’t be controlled by non-lethal chemicals like mace.

Out of Project Stealth, the Advanced Taser was born. When the weapon premiered in 2000—a model eventually redesigned as the M-26—the company brought on a cadre of active and retired military and law enforcement personnel to vouch for the weapon’s efficacy. The new spokespersons ranged from Arizona SWAT members to a former Chief Instructor of hand-to-hand combat for the U.S. Marine Corps.

Taser began to showcase the Advanced Taser at technology-related conventions throughout North America and Europe, billing it as a non-lethal weapon that could take down even the toughest adversary. Soon to be among those “dangerous” opponents were the protesters assembling in Philadelphia for the 2000 Republican National Convention.

By the following year, 750 law enforcement agencies had either tested or deployed the weapon. Today, more than 9,500 law enforcement, correctional and military agencies in 43 countries use Taser weaponry. In the past eight years, more than 184,000 Tasers have been sold to law enforcement agencies, with another 115,000 to citizens in the 43 states where it is legal to possess a stun gun.

When the electricity hits

Taser’s stun guns are designed to shoot a maximum of 50,000 volts into a person’s body through two compressed nitrogen-fueled probes, thereby disrupting the target’s electromuscular system. The probes are connected to the Taser gun by insulated wires, and can deliver repeat shocks in quick succession. The probes can pierce clothing and skin from a distance or be directly applied to a person’s body—a process known as “dry stunning”—for an ostensibly less-incapacitating, cattle-prod effect.

“The impetus for Tasers came from the often community-led search for ‘less-than-lethal’ police weapons,” explains Norm Stamper, former chief of the Seattle Police Department and author of Breaking Rank. “[There were] too many questionable or bad police shootings, and cops saying, correctly, that there are many ambiguous situations where a moment’s hesitation could lead to their own deaths or the death of an innocent other.”

According to Taser’s promotional materials, its stun guns are designed to “temporarily override the nervous system [and take] over muscular control.” People who have experienced the effect of a Taser typically liken it to a debilitating, full-body seizure, complete with mental disorientation and loss of control over bodily functions.

Many Taser-associated deaths have been written up by coroners as being attributable to “excited delirium,” a condition that includes frenzied or aggressive behavior, rapid heart rate and aggravating factors related to an acute mental state and/or drug-related psychosis. When such suspects are stunned, especially while already being held down or hogtied, deaths seem to occur after a period of “sudden tranquility,” as Taser explains in its CD-ROM training material entitled, “Sudden Custody Death: Who’s Right and Who’s Wrong.” In that same material, the company warns officers to “try to minimize the appearance of mishandling suspects.”

Taser did not respond to requests for an interview. But its press and business-related statements have consistently echoed the company’s official position: “TASER devices use proprietary technology to quickly incapacitate dangerous, combative or high-risk subjects who pose a risk to law enforcement officers, innocent citizens or themselves.” Another brochure, specifically designed for law enforcement, clearly states that the X26 has “no after effects.”

Ryan Wilson’s family can attest otherwise, as can many others.

Casualties and cruelties

In the span of three months—July, August and September—Wilson’s Taser-related death was only one among several. Larry Noles, 52, died after being stunned three times on his body (and finally on his neck) after walking around naked and “behaving erratically.” An autopsy found no drugs or alcohol in his system. Mark L. Lee, 30, was suffering from an inoperable brain tumor and having a seizure when a Rochester, N.Y., police officer stunned him. In Cookeville, Ala., 31-year-old Jason Dockery was stunned because police maintain he was being combative while on hallucinogenic mushrooms. Family members believe he was having an aneurysm. And Nickolos Cyrus, a 29-year-old man diagnosed with paranoid schizophrenia, was shocked 12 times with a Taser stun gun after a Mukwonago, Wis., police officer caught him trespassing on a home under construction. An inquest jury has already ruled that the officer who shot Cyrus—who was delusional and naked from the waist down when he was stunned—was within his rights to act as he did.

Although the company spins it otherwise, Taser-associated deaths are definitely on the rise. In 2001, Amnesty International documented three Taser-associated deaths. The number has steadily increased each year, peaking at 61 in 2005. So far almost 50 deaths have occurred in 2006, for an approximate total of 200 deaths in the last five years.

Amnesty International and other human rights groups have also drawn attention to the use of Tasers on captive populations in hospitals, jails and prisons.

In fact, the first field tests relating to the efficacy of the “Advanced Taser” model in North America were conducted on incarcerated men. In December 1999, the weapon was used, with “success,” against a Clackamas County (Ore.) Jail inmate. The following year, the first-ever Canadian use of an Advanced Taser was by the Victoria Police, on an inmate in psychiatric lockdown. Since that time, Taser deployment in jails and prisons has become increasingly commonplace, raising concerns about violations of 8th Amendment prohibitions against cruel and unusual punishment.

This summer, the ACLU of Colorado filed a class action suit on behalf of prisoners in the Garfield County Jail, where jail staff have allegedly used Tasers and electroshock belts, restraint chairs, pepper spray and pepperball guns as methods of torture. According to Mark Silverstein, legal director for ACLU of Colorado, inmates have told him that Tasers are pulled out and “displayed” by officers on a daily basis, either as a form of intimidation and threat compliance, or to shock the inmates for disobeying orders.

A recent report from the ACLU’s National Prison Project (NPP), “Abandoned and Abused: Orleans Parish Prisoners in the Wake of Hurricane Katrina,” concerns the plight of the estimated 6,500 New Orleans prisoners left to fend for themselves in the days after the monumental New Orleans flood. The NPP’s Tom Jawetz says that the organization has been looking into abuses at Orleans Parish Prison (OPP) since 1999, but that the incidents that took place in jails and prisons in the aftermath of Hurricane Katrina were unprecedented.

Take the case of New Orleans resident Ivy Gisclair. Held at OPP for unpaid parking tickets, Gisclair was about to be released on his own recognizance when Hurricane Katrina hit. After languishing with thousands of other prisoners in a flooded jail, Gisclair was sent to the Bossier Parish Maximum Security Prison. Once there, Gisclair apparently had the nerve to inquire about being held past his release date. Gisclair has testified that he was then restrained and stunned repeatedly with a Taser, before being thrown, naked and unconscious, into solitary confinement.

“I can’t imagine any justification for that,” says Jawetz. “[Prison guards] were kicking, beating and ‘Tasing’ him until he lost consciousness. A line was crossed that should never have been crossed.”

In March, Reuben Heath, a handcuffed and subdued Montana inmate, was shocked while lying prone in his bed. The deputy involved—a one-time candidate for sheriff—now faces felony charges.

Gisclair and Heath are among the inmates who have survived in-custody incidents involving the abuse of Tasers. Others haven’t been as fortunate. This year alone, those who have died in custody in the aftermath of being stunned by Tasers include Arapahoe County Jail (Colorado) inmate Raul Gallegos-Reyes, 34, who was strapped to a restraint chair and stunned; Jerry Preyer, 45, who suffered from a severe mental illness in an Escambia County, Fla., jail and was shocked twice by a Taser; and Karl Marshall, 32, who died in Kansas City police custody two hours after he was stunned with PCP and crack cocaine in his system.

Appropriate uses

“We are seeing far too many cases where Tasers are not being used for their intended purposes,” says Sheley Secrest, president of NAACP Seattle. “And many of these cases don’t end up getting reported or properly investigated because people are so humiliated by the experience.”

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• Reader Comments

  Well written article. Good research. However this line caught my attention.

  That report also urged police departments to evaluate whether certain vulnerable groups—including the mentally ill—should be excluded altogether from being shot with Tasers.

  So shooting them with a 9mm or striking them with a baton is acceptable?

  Posted by texasindependent on Nov 13, 2006 at 7:32 PM

  Thanks for the kind words about the piece. ITT took this piece very seriously, and it was a pleasure to work with them over the course of a few months on pulling it all together.

  No, the report wasn’t suggesting that, but I get your drift. In general, what we’re seeing is that Tasers appear to be being used with increasing *frequency* with the mentally ill, and that’s what the report was trying to address. In interviews with people like former Seattle chief of police Norm Stamper, Sheriff Hennessey, and others, professionals in the field kept emphasizing the need for law enforcement to learn skills to talk people down, to calm them, to not assume that mental illness equalled a violent person, and/or, when necessary, to use non-lethal take-down methods.

  Taser, Inc.,. would no doubt argue that that’s exactly what their weapons do, but there’s no question that overreliance on stun guns w/r/t to already-vulnerable populations is actually what we’ve been seeing more and more of in the last few years. Stunning somebody who is acting out strikes many professionals and critics as a quick way around a method that would probably take longer: assessing what’s happening with the individual; why they’re acting erratically--and the likelihood that they might actually be ill, improperly or overly medicated; and minimizing harm to all parties in the process.

  To be clear, I don’t take the position that being a police officer is an easy job in this country. The sheer number of mentally ill people out there, in the streets, without proper medical assistance, is a shame on our nation. The sheer number of discarded mentally ill people, people addicted to drugs on the streets, etc., constitute a serious stressor on the people who actually do care about public safety and put their lives on the line for that purpose. But a short-cut approach to knocking people out with high voltage doesn’t make the problem go away--or, as I would argue, actually make our communities safer. Certainly, families like the Wilsons have paid a high price for a form of technology that I don’t believe we know enough about for it to be employed as widely as it has been.

  Posted by Silja J.A. Talvi on Nov 14, 2006 at 1:37 AM

  One of the most insidious aspects of Taser’s marketing, instead of offering an alternative to firearms in police departments that use guns now, Taser is introducing their weapons to police departments that don’t use guns.

  Posted by Nine on Nov 14, 2006 at 8:32 AM

  Thank you for the clarification. I would point out that any attempt to elude the police is a serious risk to your life as well as the lives of bystanders. I would also offer condolences to the Wilson family.

  I think that any professional or critic of Tasers would find that the importance of determining the mental status of the naked delusional man is directly proportional to his proximity to you.

  Posted by texasindependent on Nov 14, 2006 at 10:46 PM

  Thank you for this article. The increasing use of Tasers together with the Military Commissions Act of 2006, along with Congress’s race to paint drug offenders, non-violent animal rights protesters and most anyone else as terrorists to make them subject to the jurisdiction of military tribunals is rapidly making any encounter with law enforcement or being arrested a life threatening situation. This in turn makes law enforcement the most dangerous job on earth. Presently we’re in the learning curve portion of this picture; a bit more history could create an era of civil insurrection. For Taser’s part, they should consider turning down their product’s voltage or amperage.

  In a failed attempt to adapt a 30,000-volt stun gun to a device to shock fish, which failed and destroyed the stun gun, I managed to stun myself, and can attest to the incapacitating power of these weapons along with the way I felt embarrassed after I did it, even though no one saw it happen. The charge traveled through the insulation of some cable I was using and technically shouldn’t have happened. I don’t care what stun gun manufacturers claim. These weapons have no place in civilized society, and any use of electricity on a living thing is inhumane.

  Posted by Uranus on Nov 19, 2006 at 4:48 AM

• extended discussion >>>Continued...

  Discussions with more than 5 comments are continued on our special discussion page to encourage continuity and ease of use. There are currently 7 posts.

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