FL Deputy Shows Up At Wrong Address, Uses Taser Gun On Marine

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In all of the domestic disturbance calls I responded to as a LEO (reserve) there was no doubt that we had the right place as soon as the door opened...place trashed, folks red-faced, female crying or teary-eyed, voices raised, kids crying, heavy breathing. Most times we could hear the ruckus from the curb as we arrived, and most times we would do a recon outside to see if we could see what was going in through the windows...like was the guy carrying a baseball bat or waving a gun around. The male invariably confronted us with indignation/anger as he rapidly switched his focus from the SO to us. Even though we knew that we were taking him to jail from the gitgo, we still tried to do it in escalating steps giving the guy a chance to make it easy on himself.

In this FL case, LEO's have got to understand and be prepared for "resistence" from an otherwise innocent citizen in his own home. That's a two edged sword. The average Joe is not going to understand the legal requirement for compliance if he knows he's done nothing wrong and his indignation quotient is gonna spike pretty rapidly at being confronted by force in his home in front of his family. No "respectable citizen" want his kids to see him taken out of his living room in handcufs. Especially if he's done absolutely nothing wrong in the first place.

Tough call. I'm inclined to second guess the Deputy...he could have backed-off a little and checked his facts and/or waited for backup upon seeing none of the normal domestic violence signs inside the residence. The deputy's entry into the residence is questionable if no signs of domestic violence were present.
 
Thanks moondoggie, that was exactly what had been bothering me. I've had cops come to my place (in FL no less) multiple times on wrong calls recently (the phone company was telling them I had called 911 and hung up even though I dont have a phone).

When I opened the door and saw cops there looking nervous, I was like "whoa, what do you guys want?" and they were like "you called 911" but I could tell that they were aware that nothing bad was going on even though I hadnt explained the situation yet.

I think the cop should have been able to distinguish between an obviously non-violent situation and a typical domestic call. The call is an invitation to show up, it isnt an invitation to arrest people or apply force if the situation doesnt otherwise call for it.
 
"Sorry, The cop screwed the pooch. Guess what, if the cop does not have a legal reason to be there, THEN its not resisting. He, the cop, can get told to get bent. I do not agree that the LEO is always right, even when he is in the wrong. Sorry folks, Police states start like that."

Amen. A little common sense goes a long, long way.
 
Wouldn't you be really ticked off if you were bossed around and tasered in your own home (for no good reason)?

I mean, it's one thing if it's your wife doing it to you ('round that time of the month ya know), but a perfect stranger with a gun and a badge?

Whatever. I smell a lawsuit. ;)
 
UMMM, the police were at the wrong house. Someone got tazed. Police did not have a legal reason to be there.
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Being at the wrong house does not equal the absence of a right to be there. We need more facts about the call to be able to answer that. As for the use of a Taser, we don't have any facts to be able to judge. It's all conjecture at this point.
 
We have to be careful that not because they are Police it means if they say bend, or turn or jump we gleefully and with great enthusiasm do so.. the Police are just too full of it at times..

I mean you go to the 'wrong' apartment..because the occupant says so..it could be the truth, it could be false.. what is the sensible thing to do..recheck and double check with control..ask the guy a few more questions, knock on a couple more doors 'Excuse me maam/sir, I am investigating a domestic disturbance complaint, can I have a look around etc. etc. .. BEAR IN MIND TOO THAT A CALL CAN BE ERRONEOUS OR IN MISCHIEF OR MALICE!! THE POINT IS WITH ALL THE UNCERTAINTY THAT THE CALL CAN BRING THE POLICE HAS TO BE SENSIBLE IN HOW HE GOES ABOUT THIS..

How does it get to a resisting arrest charge??

Another thing, was this a solo run or did the cop have a partner..these are other factors determining how the cop will behave as the risk profile of the call changes..
 
Seems to me that Tazers may allow for a more cavalier use of force when it is not warranted. My question about this incident, not being there, nor being able to read any report, would be thus: What would the officer had done under the same circumstances if he did not have a Tazer. Could he have taken steps to de escalate? Or might he have done something even worse than he did? Seems like Occam's Razor is becoming an issue when devices are being invented for use, for other than lethal force. Someone died, I heard, from a beanbag to the chest the other day. I just wonder about whether there may be a willingness to use these devices because they are supposed to be non lethal. As a previous writer said, to force compliance rather than being a non lethal (mostly) defensive device.

I guess, as a former leo, I still am in favor of our police being very large, strong looking people with a good sense of humor. Very big people with a confident attitude can do more to solve many routine human interaction problems than snotty cops with an attitude having tools to make up for common sense.
 
Everyone talks about how having weapons with stun settings will result in gun fights without fatalities, but the truth is that every adversarial confrontation will start with stunning potential adversaries instead of talking.

I wonder if cops would be as understanding if civilians were to casually begin tasering them for no good reason to "defuse confrontations". I bet they wouldnt be as ready to place a chinese wall between "non-lethal" and "lethal" force and tell their fellow officers to stop whining about being shocked.
 
I'm perfectly qualified to armchair commando this one...

...because I wasn't there. Isn't that the definition of an armchair commando?

If I'd been there I'd be a witness or participant.

John
 
This has all been covered but I have to side with the Marine...

1. LEO has a radio, ask for ID and confirm address and ID...

2. Ordering a suspect to turn around (as is stated in the story) typically means arrest, where is the proof of crime?

3. Less then leathal force or any force is a last resort...first tool is the brain...
 
Good perspective Moondoggie.

I don't think any resisting arrest charge is warranted or reasonable unless the deputy actually had a reason to arrest the marine in the first place, which he did not.
 
Tailgunner, I'm surprised you were the first person to bring up the peephole and door chain idea. If the police show up at my door when I have done nothing wrong I would feel better keeping the door closed and locked until I knew what was going on or I had called 911 to find out why he was there.
 
Where in the article posted is a transcript of what the dispatcher told the deputies?

Where does it say what was said between Jackson and the deputies before they ordered him to turn around?

Is it possible that we don't have enough information to judge what really happened?

Should I judge all of your actions on such skimpy information before I decide to take enforcement action?

There are some people out there who get themselves in trouble with the law simply because they won't cooperate at all. Often alcohol is involved.

I wasn't there, no one who posted in this thread was there. But this is a possible scenario that could have caused this to happen:

Deputies are dispatched to apartment on a call of a domestic disturbance. They either get dispatched to wrong apartment or the apartments aren't well marked and they end up at the wrong door. (yes that happens more then you might think)

Deputies knock on door. Jackson answers door. Deputies ask if there is a disturbance. (now here is where we get into murky water, but I've had this happen to me on domestic calls, more then once) Jackson replies; "No one called the (insert word Art's Grammaw would wash my mouth out with soap for using) cops!" "There is nothing wrong here, get the (insert another work that Art's Grammaw wouldn't approve of) out of here!"

Deputy replies: "Sir we received a report of a disturbance here, we have to check it out." "Is your wife here?" "May we speak to her for a minute and verify that everything is ok, then we'll be on our way."

Jackson; "No man, I'm not getting her, I told you there is nothing going on here, go on, get the (word Art's Grammaw would blush at) out of here." "This is my house and I don't have to let you talk to anyone!"

Deputy; "Sir, we have to make sure that there is no problem here." "The law requires it."

Jackson; "I said you aren't coming in."

At this time wife and child appear at door.

Deputy; "Ma'am could you step outside and talk to us for a minute?"

Jackson; "She isn't stepping outside to talk to anybody!" There isn't a problem here!" Get the (word Art's Grammaw hates again) off my property"

Deputy; "Sir, we're going to investigate this complaint, if you don't step aside and let us speak with your wife, I'm going to have to arrest you for obstruction."

Jackson; "I told you there isn't a problem here, you've obviously come to the wrong address!"

Deputy; "Sir, just let us talk to you wife for a minute and if everything is ok, we'll be on our way."

Jackson; "(bad word) YOU!!" "This is harrassment, I don't have to let you talk to nobody" to wife; "Go back in the house!"

Deputy; "OK, if that's how you want to do it, turn around and put your hands behind your back!"

Jackson; "(BAD WORD) I'M NOT DOING (BAD WORD)!" "THIS IS (BAD WORD)!!"

Deputy; "TURN AROUND AND PUT YOUR HANDS BEHIND YOUR BACK!"

Jackson; "I'M NOT DOING (BAD WORD)!" "YOU'RE AT THE WRONG HOUSE, YOU CAN'T ARREST ME FOR DOING NOTHING AT MY OWN HOUSE!!"

Deputy; "TURN AROUND AND PUT YOUR HANDS BEHIND YOU BACK!"

Jackson refuse to comply..ZAP...

Now I'm not saying that that's how it happened, but it's just as plausible as anything anyone else has suggested. Based on my experience it's quite likely that the situation I just described may be pretty close to what really happened.

It's obvious from the article that the deputies were at the wrong address. But it sounds to me like they were there in good faith. Obviously the apartment next door was quiet when they arrived or they would have gone to the correct apartment.

Perhaps it would be a good idea to wait until we find out what really happened before we judge anyone.

Jeff
 
The cop screwed up, and should have verified the address when he was told it was the wrong one.

The Marine should have cooperated and argued his point after he let the officer feel that he had the situation under control.

The exact details of the situation might make this police prutality, or a justified resisting arrest charge. It's hard to tell.

However it sure seems like the prosecutor should have declined to press charges in this case. He's asking for a lawsuit after by pressing charges after the Deputy screwed up with the address.
 
Raise your hand if you were there when it happened.
If you didn't just raise your hand, you're not qualified to armchair commando this one.
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OK, then 99.9% of people on this forum cannot comment on 99.9% of the topics posted here, since 99.9% of the time our members were not at the scene in question.

And by the way, it's 50,000 VOLTS not WATTS, as another member mentioned. Though I doubted him, since he wasn't at the scene. But then again, I wasn't there either, so perhaps you should disregard the volts vs. watts issue altogether... :rolleyes:
 
I agree that we don't have enough info to deduce exactly what happened. But Jeff, do you agree that a resisting arrest charge is reasonable if they really had no reason to arrest him in the first place?
 
Duckslayer,
Here in Illinois the charge most likely would have been Obstruction of Justice. I don't know much about Florida law, but I suspect the resisting without violence charge is similar to obstruction here.

Yes, I agree with the charge. Force was used and many departments have a policy that you have to file charges if you use force. The states attorney can always drop them later if they aren't warranted after all the reports are in. But you can't just used physical force against someone then leave without arresting them. If he had complied in the first place or even turned around when asked to, he might have been released once the deputies realized that there was in fact no disturbance there. Once he forced them to use force, they had no choice but to arrest him.

The taser is a safer way of getting the subject to comply then going hands on. If he was determined to resist there most likely would have been a fight if the deputies had to do it the old way. And Jackson and the deputies would quite possibly have been seriously injured.

Domestic disturbance calls are pretty dangerous and there are a lot of different thing to consider. I don't know any officer who would have taken the wife's word that there was not a problem if she said it in front of the husband.

You never know what you're getting into when you go on one of those calls. It's quite common for the people to say you're at the wrong address even when you're not. Until we find out what the deputies were told and how the apartments were marked, it's going to be hard to say if they really believed they were at the right address.

A bad situation any way you look at it. I just can't help feeling that a little cooperation on Jackson's part and it would have not happened.

Jeff
 
just can't help feeling that a little cooperation on Jackson's part and it would have not happened.
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AND using the old noodle between the ears on the LEO's part would have helped as well.


Deputy Shows Up At Wrong Address, Uses Taser Gun On Marine
Reservist Says He Told Deputy He Was At Wrong Apartment

POSTED: 1:54 pm EDT April 4, 2005
UPDATED: 1:56 pm EDT April 4, 2005

TALLAHASSEE, Fla. -- A Marine reservist who just returned from overseas was shocked with a Taser gun by a deputy who went to the wrong address in response to a domestic disturbance call.

On March 7, Leon County deputies went to Demar Jackson's apartment instead of the correct one next door.

Jackson says he tried to tell Deputy John Daly he was at the wrong apartment, but Daly told him three times to turn around. When he did not turn around, Jackson said Daly shocked him in his bare chest and abdomen with 50,000 watts of electricity as Jackson's wife and 3-year-old son watched.

Friday, Jackson, who had returned four days before from an assignment in Africa, filed a complaint about the incident.

Police said Jackson is charged with resisting arrest without violence. He pleaded not guilty.

"At first, I couldn't believe what was happening. I thought I was staring down the barrel of a .45 or something," said Jackson. "I was thinking to myself, 'I just got back from overseas and now I have to deal with this?' "

Jackson acknowledges that he questioned Daly's orders to turn around. But he says he never moved toward the deputy and had his hands above his head during most of the encounter.

Daly's incident report does not mention any signs of physical resistance or aggressive behavior.

The Leon County's Sheriff's Office is investigating the incident, spokesman Sgt. Chris Chase said. He would not comment on whether the charges would be dropped.

Jeff, your idea of how it could have happened is a great thought, but incident report, from the stupid officer that tazed him, noted no physical resistance or aggressive behavior. So, Why was he tazed?
 
Jeff, I have to disagree with your assesment (sp?). The story states his wife and son were watching the incident, so no need for an LEO to ask to speak with wife or anyone else, LEO merely needs to look around, let me twist your theme a little...

Deputy replies: "Sir we received a report of a disturbance here, we have to check it out." "Is your wife here?" "May we speak to her for a minute and verify that everything is ok, then we'll be on our way."
Click to expand...

Jackson: "I am single and the only one here, you have the wrong address."

Deputy; "Sir, we have to make sure that there is no problem here." "The law requires it."
Click to expand...

Jackson: "There is no problem here, I am they only one home, there is no <expletive deleted> one here for you to talk to but me...

"
Deputy; "TURN AROUND AND PUT YOUR HANDS BEHIND YOUR BACK!"
Click to expand...

While Jackson is married the above is just as easily plausible by your theory Jeff, or that fact that he is married but maybe his wife wasn't home. (I am speaking hypothecitally (sp?)

It represents an illeagal search and seziure. Period. Officers are human and make mistakes. This officer appears by the details of the story to have made a mistake. Marines make mistakes also but are just as honorable as most LEOs. I don't know of any law that requires an LEO to
make sure that there is no problem here
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when it comes to a home or apt. or any private property first without establishing probable cause. From the story there is not enough PC to warrant arrest or search and seizure.

Read the story again and note these 3 keys that refute the suggestions that Jackson was giving any LEO a hard time:

Jackson says he tried to tell Deputy John Daly he was at the wrong apartment, but Daly told him three times to turn around. When he did not turn around, Jackson said Daly shocked him in his bare chest and abdomen with 50,000 watts of electricity as Jackson's wife and 3-year-old son watched.
Click to expand...

Police said Jackson is charged with resisting arrest without violence.
Click to expand...

Daly's incident report does not mention any signs of physical resistance or aggressive behavior.
Click to expand...

Again that's just from this story but usually an LEO mentions if there were aggressive behaviour before using a taser!

Edit: I can't spell worth a darn
 
Deaths, questionable use part of Taser history

Amnesty International fanned a simmering national controversy regarding Tasers late last year when it reported that more than 70 people had died since 2001 after being jolted, and said the stun gun was being overused. Here are some recent incidents involving Tasers:

Oct. 15, 2004. A police officer in Rock Hill, S.C., uses a Taser on Margaret Kimbrell, 75, a great-grandmother with no criminal record, when Kimbrell repeatedly refuses to leave an assisted living facility after a dispute about whether she is allowed to visit a friend there.

Oct. 20. Miami-Dade County police use a Taser on a 6-year-old who has been acting up in a school office. Police say the child had cut himself twice with a glass shard and was threatening to cut himself further. He has attention deficit disorder, according to his mother.

Jan. 5, 2005. Dennis Hyde, confronted by police after he broke into a house in Akron, Ohio, dies after he is Tased. Coroner rules that bleeding from a cut suffered during the break-in, mental illness, methamphetamine use and the Taser shock contributed to the death.

Feb. 7. Police in Jacksonville, Fla., use two Taser jolts to get a 13-year-old girl handcuffed in the back of a police car to calm down. Arrested for hitting her mother, she was not prosecuted.

Feb. 7-10. In Chicago, a 14-year-old boy suffers cardiac arrest after being Tased during an altercation with police at a youth home. He recovers, but three days later Ronald Hasse, 54, dies after he is Tased by police. Medical examiner has still not reported on Hasse’s death.

Feb. 18. Police in Harris County, Texas, use a Taser twice on Joel Casey, 52, during a struggle while they are trying to serve a mental-health commitment warrant on him. He dies.

Feb. 19. Police in Salinas, Calif., use a Taser multiple times to subdue Robert Heston, 40, after Heston’s father called and said his son was hurting him. Heston stops breathing, is revived, but dies at a hospital the next day.

Feb. 27. Police in Aurora, Colo., use a Taser on Danon Gale, 29, at a Chuck E. Cheese restaurant after the manager complains that he refused to show proof that he paid to use the salad bar, and Gale refuses a police request to step outside. Gale’s two kids and scores of patrons watch as he is zapped twice.

March 1. A police officer in Roseville, Minn., uses a Taser on a 15-year-old female student at Roseville Area High School. The girl had been suspended, then returned to school and became aggressive with the officer.

March 5. Orlando, Fla., police arrest Antonio Wheeler, 18, for possession of cocaine with intent to sell, take him to a hospital, strap him to a gurney, and attempt to insert a catheter to get a urine sample. Wheeler resists and is Tased twice. He agrees to urinate.

http://bellaciao.org/en/article.php3?id_article=5672
 
Yes, I agree with the charge. Force was used and many departments have a policy that you have to file charges if you use force. The states attorney can always drop them later if they aren't warranted after all the reports are in.
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I have nothing to add to the discussion that hasn't already been said but this all too common attitude make me ask this question: Which window in the Courthouse do you go to to get your reputation back?
 
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