Man who tazes officers is charged with attempted murder


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kel
July 12, 2006, 06:03 PM
On the one hand we have police officers touting tazers as the perfect non-lethal compliance tool that exists somewhere in the use of force continuum well below a firearm. On the other hand we have them charging people who attempt to taze them back with attempted second-degree murder. Well which is it? Lethal or non-lethal?

The usual riders, not alot of detail, "I wasn't there" and all that BS. Maybe he was 5,000 pound former felon linebacker doing hits for the mafia and is known for killing people with flashlights.

There, now that we have that out of the way, which is it?

If lethal, stop using it on cranky four year olds and drivers in diabetic shock. If non-lethal, then stop railroading people on BS charges so we can respect your work instead of suspecting it.

http://www.azcentral.com/news/articles/0712stungun0712-ON.html
Bail has been set at $50,000 for a man accused of using an electronic stun gun to injure two Phoenix police officers.

Authorities said Wednesday that Brandon Amar Alverson, 19, is being held in a Maricopa County jail on several charges, including attempted second-degree murder, aggravated assault and resisting arrest.

Police said the attack took place Monday evening after police responded to a domestic-violence call at an apartment complex in the 3300 block of West Dunlap Avenue, near the Metrocenter shopping mall.
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A fight erupted as officers attempted to take Alverson into custody, police said.

As they tried to handcuff him, he grabbed a Taser and flashlight from one of the officer's belts and used them to stun and beat police, investigators said.

Alverson was eventually subdued after backup officers were called to the scene.

The injured officers, Sgt. David Lane, 52, and Officer Paul Taylor, 32, were taken to John C. Lincoln Hospital - North Mountain with no-life threatening injuries.

Taylor was released Tuesday morning and Lane remained for further observation, said Office Stacie Derge, a Phoenix police spokesman.

In the meantime, a preliminary hearing for Alverson has been set for July 20 at the Regional Court Center, 5222 W. Glendale Ave., in Glendale, authorities said.

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orangelo
July 12, 2006, 06:07 PM
I suspect bludgeoning a stunned cop with a 10lb mag-lite had more to do with attempted murder than the taser.

Wynterbourne
July 12, 2006, 06:22 PM
10lb Maglite?

That's the 18 foot long, 45 D-Cell version, right?

AJAX22
July 12, 2006, 06:26 PM
I believe that any maglite 4D or bigger is considered a deadly weapon.

MechAg94
July 12, 2006, 06:31 PM
agreed orangelo (except on the wieght) :)

Correia
July 12, 2006, 06:35 PM
When a taser is used to subdue someone, so that they can be lawfully arrested, it is going to be considered less lethal.

If you taser somebody, to disable them, so you can cave their skull in, I'm pretty sure that is going to come down as attempted murder.

Just like if you pepper spray somebody to defend yourself, you probably aren't going to get charged, but if you routinely pepper spray women to disable them and throw them in the back of your serial killer van, it is going to be a touch different.

Why are we even having this conversation?

Stevie-Ray
July 12, 2006, 09:14 PM
I believe that any maglite 4D or bigger is considered a deadly weapon.
So I can use my 3D Maglite to beat hell out of people with impunity?:D

beerslurpy
July 12, 2006, 09:26 PM
I dont see the difference or benefit of not charging him with att murder. It is not like this is some basically innocent guy who would otherwise not have to deal with the expense of a trial. If you taze and beat cops who are trying to arrest you, there will be legal bills in your future. Perhaps not automatically for att murder, but definitely for something felonious. The prosecutor has fairly exercised his discretion IMO- whether this guy actually gets found guilty of att murder is up to the jury.

roo_ster
July 12, 2006, 09:45 PM
I understand kel's point, but I don't think this is an example of that, considering hte use of the maglight to crater the two officers' skulls.

meef
July 12, 2006, 09:57 PM
Okay... so just what does the use of the Taser have to do with the attempted second-degree murder charge? You made it sound like that's all he did.

If he'd used the Taser on the cops, then run like hell, I'd be willing to wager the charge would not be attempted second-degree murder.

When the use of the Maglite came into play... that's another story.

Kudos to the prosecutor. I hope the creep gets the maximum.

:mad:

kel
July 12, 2006, 10:56 PM
There is no evidence that the flashlight was a mag light. For all we know it was a surefire nitrolon. I don't know about you, but I don't see many cops packing mag lights on their belt, not with the radio, gun, mags, tazer, cuffs, + other accessories. No room, and too heavy.

Clipper
July 12, 2006, 11:06 PM
...And I'm sure that toothed endcap Surefire's so proud of could never do duty as a weapon...:rolleyes:

AJAX22
July 12, 2006, 11:07 PM
well the post did imply that the officers were beaten with the light, regardless of the make and model.

and as far as the use of 3d maglites, its just a matter of proper use of force, if you are in fear of your life, then by all means use a big nasty maglite to wail away on the BG, but if there is threat of bodily harm say a big guy with a rolled up newspaper, that doesn't quite count as putting you in fear of death, so responding with a 4d maglite may be considered excessive.

its all semantics (sp?) I just thought it was a nifty bit of trivia.

and I don't have a source for it offhand, just something I picked up while asking a couple of off duty cops who were moonlighting as security guards why they had the small lights instead of the good whacking ones.

Hypnogator
July 12, 2006, 11:09 PM
There is no evidence that the flashlight was a mag light. For all we know it was a surefire nitrolon.
True, but we don't know that it wasn't a Mag-Light, either. As usual we aren't given enough info to base an opinion on. :scrutiny:

If use of the Taser in and of itself led to the charge, there is something seriously wrong with the prosecutor's thinking. If the perp attacked the incapacitated officers with an item that could have caused death or serious bodily injury, or if he attempted to gain control of an officer's firearm, I would agree with the charges.

Bartholomew Roberts
July 12, 2006, 11:19 PM
He doesn't need a flashlight of any kind to present a lethal threat if he is beating a downed, stunned officer.

Preacherman
July 12, 2006, 11:31 PM
If he was beating on the officers, and shouting "I'm gonna kill ya!" or words to that effect - hey presto, 2nd degree murder charge. Makes sense to me. The use of the Taser is basically irrelevant.

mp510
July 13, 2006, 12:29 AM
FYI, the other night, in town a suspect died after being tased by the police. It is possible for a person to die after being tased, it's just not as likely. That is why the appropriate term is less lethal as opposed to non-lethal.

Stand_Watie
July 13, 2006, 02:01 AM
Malice Green died after being struck in the head with a two D-cell maglight.


http://www.cnn.com/US/9803/19/police.beating/index.html

White ex-officer guilty in black motorist's death

Budzyn
But Detroit jury opts for manslaughter, not murder
March 19, 1998
Web posted at: 8:05 p.m. EDT (2005 GMT)
DETROIT (CNN) -- A former white Detroit police officer was found guilty Thursday of involuntary manslaughter in his retrial for the beating death of a black motorist.

Walter Budzyn, 52, had been charged with second-degree murder in the death of Malice Green, who died in 1992 after a confrontation with Budzyn and his partner, Larry Nevers, in front of a crack house. The jury of three men and nine women found him guilty of the lesser charge.

TheFederalistWeasel
July 13, 2006, 02:16 PM
Come at me with a tazer, pepper spray ASP Baton or any other similar type "non-lethal" LE tool and, as a cop I am going to give you at most once verbal warning to drop it, depending on your proximity to me then the Golddots are flying.

I still remember the video of the Ohio State Trooper who was pepper sprayed by a female on a traffic stop...

Pretty sad.

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