$10 Million Verdict Against TASER Int'l Impacts Police Use

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by ISRAEL BALDERAS
Bio | Email | Follow: @israel_balderas by PHOTOJOURNALIST CARLOS MARTINEZ

CHARLOTTE, N.C. -- A federal jury says TASER International must pay $10 million in the March 2008 death of 17-year-old Darryl Turner after being shocked by a CMPD officer. This is the biggest jury award against the company.

Surveillance video shows a Charlotte-Mecklengburg police officer inside a grocery store firing his stun gun twice at Turner's chest.  Officer Jerry Dawson held down the trigger for 37 seconds straight.  According to the Mecklenburg County Medical Examiner, Turner died of cardiac arrest because of the TASER. His family filed a wrongful death suit against the manufacturer, and won.

"They may examine the warnings they had on the product," said Tim Zarsadias, a products liability attorney.  "They may revise... they may train the representatives and or the officers on how to use that product in a different manner."
 
TASER failed to provide adequate warning or instruction to police about using the stun gun near the heart. That lead to a dangerous situation the company should have known about.
 
Zarsadias says police departments may have to revisit how officers use TASERS. "To see if they received the proper training or warning; if they haven't, they make look towards the company and ask for additional training to make sure they are using this product properly."
 
CMPD found at the time of the incident that the officer responsible for Turner's death was justified in using the TASER. But Dawson did not follow department policy when he used the TASER for 37 seconds. CMPD suspended him for five days.
 
The Turner family filed suit against CMPD and they settled in August of 2009 for an undisclosed amount. CMPD spokesperson Rob Tufano says "the department immediately mandated additional training for all of its police officers on the proper use of [TASERS] following the 2008 incident."
 
When police officers use TASERS, an individual cannot be exposed to it for long. Instead it must be five second spurts.  Also, they can't target the chest area. It's got to be the stomach or the upper leg.
 
TASER International says a recent report by the U.S. Department of Justice concluded using it's product in the chest area does not increase the risk of cardiac arrest. TASER says what happened to Turner it is a sad situation, but they believe compassion overwhelmed scientific evidence in this case.
 
Therefore, the company plans to appeal the jury verdict. "It could be a matter of weeks or a matter of years depending on how far each party wants to take that," said Zarsadias.
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