This is the longer article as posted on the Gunsnet Board:
Posted on Sun, Apr. 03, 2005
Shock, but no awe, for Marine
Deputy uses Taser on wrong man
By Todd Wright
Democrat STAFF WRITER
As he stood in the line of a Leon County deputy's Taser, Demar Jackson made a final attempt to explain: The deputy had the wrong guy.
The domestic disturbance the deputy was responding to involved Apartment B. Jackson lived in A.
For the third time, the deputy ordered Jackson to turn around.
Jackson's wife and their 3-year-old son ran outside to see what was happening. At that moment, the deputy shot his Taser. It pierced Jackson's bare chest and abdomen and sent 50,000 watts of electricity into him. The 30-year-old Marine reservist fell to his knees.
The deputy and two others who arrived at the Tallahassee apartment complex soon realized he'd been telling the truth and checked on Apartment B but made no arrests.
Jackson, however, just four days after returning from a tour of duty in Africa, found himself handcuffed in the back of a patrol car, headed to jail on charges of resisting arrest without violence.
What turned out to be a big misunderstanding could morph into a legal battle. Jackson, who has no criminal record, is fighting the charges and filed a complaint Friday.
Sgt. Chris Chase, spokesman for the Sheriff's Office, said the March 7 incident is under internal investigation but declined to comment on whether the charges would be dropped. Of the 107 times deputies have used a Taser since January 2004, this is the third complaint.
A good Marine
It was a far cry from the welcome Jackson expected when he returned from Africa after more than six months there as a member of Company C, 8th Tank Battalion, U.S. Marine Reserves.
"At first, I couldn't believe what was happening. I thought I was staring down the barrel of a .45 or something," said Jackson, recalling his surprise when Deputy John Daly pulled the weapon on him. "I was thinking to myself, 'I just got back from overseas and now I have to deal with this?"'
He pleaded not guilty Tuesday. Trial is set for April 19.
Jackson admits that he questioned Daly's orders to turn around. When he was in the patrol car later, Jackson said, the deputy's only explanation for taking him to jail was that he'd had to use his weapon.
"I asked him about their rules of engagement. I know we have some in the military when we are questioning a subject," Jackson said. "I had no clue what I had done. He wouldn't answer me."
Jackson has been in the Marine reserves for about five years and is still on active duty.
It would be "out of character for Jackson to resist or cause a problem for an officer," said Capt. Jeffrey Houston, the inspector instructor at the local Naval and Marine Corps Training Center.
"He is a very calm and collected individual," he said. "I consider him one of the better Marines in the reserve company."
Rules for Taser use
Daly has been a full-time deputy since October. He joined the department in July 2003 as a reserve deputy.
His report of the incident indicates his commands to Jackson but doesn't mention any signs of physical resistance or aggressive behavior.
The Sheriff's Office guidelines for use of force say a Taser can be used once there is a "slight potential for physical harm," defined as a "subject physically refusing to comply or respond to a deputy's command." The definition goes on to say use is allowed even if the suspect "does not make any attempt to physically defeat the actions of the deputy."
Capt. Gene Revell, who supervises training for the Sheriff's Office, said a Taser basically can be used if the deputy thinks he might have to physically make contact with a suspect. If a deputy's command is not met, he said, then the Taser can be applied.
Jackson said he never moved toward the deputy. He said he had his hands above his head during most of the encounter, bringing them down only to reach into his pocket and toss his military ID at Daly's feet - a procedure used in the military when soldiers question a subject.
The deputy's report states that just before he shot Jackson he said, "Until I can figure out what is going on, you need to turn around now, or you're going to get Tased."
Jackson says he was about to obey the order when he was shot.
Different standard for cops
Tasers transmit electricity into a suspect in five-second bursts through two prongs that attach to the clothing or skin.
Since the Police Department began using Tasers two years ago, they've fired them about 16 times a month. Officers are authorized to use them when a suspect is offering active resistance - by fleeing, aggressive posturing or physically attacking the officer.
"Words alone won't do it," said Capt. Chris Connell, co-author of the department's rules on necessary force. "But words with body language and other things could possibly get you Tased. You really have to be there and be the one making that decision. If an officer feels threatened, then I think the use of a Taser is warranted."
Connell said it's always a good idea for officers to tell people why they want them to do something, to help de-escalate potential confrontations or avoid confusion.
"It certainly doesn't hurt," he said. "The more you can explain to people in a certain situation, the easier it becomes to establish control."
For now, what Jackson most remembers about his first week home is what caused the two burn marks on his torso: the Taser's intense heat.
"It was scary when it happened, but I am trying to move forward," he said. "I want some answers."
Contact reporter Todd Wright at (850) 599-2206 or
[email protected].