Man Falls to His Death After Being Tasered: See Video

          On September 20, 2008, I posted an article on this site which contains a videotaped recording of a police officer repeatedly using a taser on a man who was sitting on the ground by the side of the road in Washington County, Florida.  Fortunately, that man lived.  Yesterday, however, a man was tasered by the police in Brooklyn, New York and then fell to his death.  The story--including a videotaped recording of the man being tasered and falling to his death--was reported in the New York Post as follows:

 

         "Police fired a Taser at a naked Brooklyn man armed with only a fluorescent light tube yesterday, sending him falling to his death from a second-floor ledge after he went on a 40-minute rant.

          Iman Morales' mom begged cops not to hurt her son, telling them he's sick - then watched in horror as he plunged from the top of the roll-down gate on which he'd been perched.

          An Emergency Services officer, acting on the orders of his boss, fired at the 35-year-old man at around 2 p.m., as he waved the 8-foot fluorescent light tube, police sources said.

          'His body froze up and he fell face-first,' said Sean Johnson, who witnessed the drama at 489 Tompkins Ave. in Bedford-Stuyvesant.

          Morales, who crashed 10 feet to the pavement, died a few hours later at Kings County Hospital.

           Asked if police followed the proper protocol for using a Taser, [New York City Police Department] spokesman Paul Browne said, 'That's being reviewed.'

          Amid his mostly unintelligible rant, Morales was heard yelling, 'You're going to kill me. I'm going to take everyone with me.'

          He also screamed, 'I'm going to die. You're all going to die with me.'

          Morales first emerged hanging out a third-floor window after a blowup with his mother at around 1 p.m., witnesses said.

          Twenty minutes later, he climbed the fire escape to the fourth floor, where he tried to force his way into a neighbor's apartment.

          'He tried to come into my window and I ran out,' said 40-year-old Tonya Wright.

          "He said, 'Let me in.' I told him, 'I'm not letting you in.' "

          Morales then headed to the second floor and screamed to the crowd, which included his frantic mom.

          "She was saying, 'No! No! Don't hurt him. He is sick,' " Wright said.

           With police shouting for him to get down, Morales made his way to a ledge above a the gate.

          'Walk down now! Move down!' the police can be heard shouting to him on video.

          He then picked up the light tube and waved it in the air before jabbing cops who had climbed out of the windows above.

          'When he was poking the cop, people were laughing,' Johnson said.

          He refused orders from the officers and continued his incoherent tirade.

          Finally, one of the [Emergency Services Unit] cops on the street shot him with the Taser.

          'He just fell face first,' said witness Sean Brown. 'People were screaming and yelling. It was wrong.'

          It was unclear what set off the episode, but, said Johnson, 'once he started hitting the cop with that pole, that's when it turned serious.'

          Morales had one prior arrest, for a Manhattan petit larceny.

          'This is very out of character,' said the building's superintendent, Charlene Gayle, 31.

          'Nice guy, clean cut, well kept, never irrational. Didn't have irrational behavior.' "

Excessive Use of Force? Watch the Video and Decide for Yourself

          In a recent federal case called Buckley v. Haddock, the Eleventh Circuit Court of Appeals was asked to decide whether a deputy sheriff's repeated use of a taser gun while trying to arrest a motorist by the side of the road in Washington County, Florida constituted excessive use of force in violation of the Fourth Amendment to the United States Constitution.  In ruling that the deputy did not use excessive force, the Court stated:

          "Needless to say, officers acting alone may not always use any and all force necessary to complete an arrest without assistance.  If Deputy Rackard had used more severe techniques (beaten [the motorist's] head with a club or shot him, for example), this case would be a different case.  Here, the record shows that Deputy Rackard only used moderate, non-lethal force; and he did so only after reasoning with [the motorist], then after trying to lift [the motorist], and finally after repeatedly warning [the motorist]-a warning given before each use of the taser-that a taser would be used. In short, Deputy Rackard gave [the motorist] ample warning and opportunity to cease resisting before the deputy resorted gradually to more forceful measures. Even then, [the motorist's] injury was not great; and the deputy holstered his taser after using it briefly three times."

          However, one of the judges on the appellate court disagreed stating:

          "I write to express my view that the Fourth Amendment forbids an officer from discharging repeated bursts of electricity into an already handcuffed misdemeanant—who is sitting still
beside a rural road and unwilling to move—simply to goad him into standing up. I also conclude that at the time of the incident, Deputy Rackard was on fair notice that his conduct was unconstitutional. Not only did Deputy Rackard unnecessarily discharge his taser gun against Mr. Buckley three times, but each time he did so, he repeatedly prodded Mr. Buckley’s body with the stun gun’s live electrodes—inflicting additional pain and leaving Mr. Buckley with sixteen burn
scars."

          Did Deputy Rackard use excessive force when he repeatedly tasered the motorist?  Because the entire incident was captured on a police video camera, you can view the video for yourself and come to your own conclusion.