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Posted on Mon, Mar 5, 2012 : 5:57 a.m.

Family of Stanley Jackson Jr. sues Washtenaw County over Tasering death

By Lee Higgins

The family of a man who died after Washtenaw County sheriff’s deputies Tasered him during a drug bust in 2010 has filed a wrongful death lawsuit.

Pearlie Jackson, who is court-appointed to represent the estate of her son Stanley Jackson Jr., is suing the county and deputies Thomas Mercure, Dean Reich, Sean Urban and Holly Farmer.

Taser.jpeg

The federal lawsuit alleges that after deputies shot Jackson with a Taser on Aug. 20, 2010, inside his mother's Superior Township home, they used excessive force while he was on the floor and in need of medical attention.

While Jackson was down, deputies didn't remove the Taser darts even though he “did not have any eye movement, was showing signs of muscle contraction and was salivating and making grunting sounds," the lawsuit says.

As deputies waited for an ambulance, the lawsuit says they "applied several drive-stun applications with their Taser devices" to Jackson, meaning they held Tasers against Jackson when they shocked him. The suit claims deputies "used more force than was reasonably necessary" to make the arrest.

Jackson, 31, of Belleville, was taken by ambulance to St. Joseph Mercy Hospital. He was pronounced dead roughly 95 minutes after the incident. The autopsy report by the Washtenaw County Medical Examiner's Office listed sudden cardiac arrest and Tasering as causing Jackson's death.

The lawsuit, which was filed Friday, seeks money for funeral expenses, Stanley Jackson's pain and suffering prior to his death and other damages. It also asks for a court order prohibiting deputies from using Tasers, arguing that they don't have proper training.

At the time, deputies were assisting Livingston and Washtenaw Narcotics Enforcement Team officers, who were conducting surveillance on Jackson. Deputies chased Jackson inside his mother's home on Heather Drive, where they Tasered and handcuffed him.

Jackson, a father of four, was wearing a GPS tracking device on his ankle because he was on probation for a drug conviction. Investigators found bags of marijuana on a kitchen table, a bag in Jackson's waistband containing a white substance and also seized cash.

Deputies were previously cleared of criminal wrongdoing by the Washtenaw County Prosecutor's Office.

County attorneys could not be reached for comment Sunday on the lawsuit.

Read the lawsuit:

TaseringLawsuit.pdf

Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.

Comments

friend12

Tue, Mar 6, 2012 : 5:33 p.m.

It is all about the money. At some point they will settle with no admission of wrong doing. No criminal charges in a time where charging PD seems to be the norm should tell you how much validity there is to this.

UlyssesWrong1

Tue, Mar 6, 2012 : 1:34 p.m.

I came here expecting the top comments to be ridiculing and blaming the victim and his family in this case, and I was not wrong.

Terry

Tue, Mar 6, 2012 : 2:13 p.m.

Well Uslysses that is what happens when you choose a life of crime. You tend to lose the compation of the general public or as if view them, your potential victims. This guy was convicted on drug and firearm charges and while still on probation chose to engage in the same criminal activities that landed him in prison. I personally refuse to call him or view him as a 'victim'.

mhirzel

Mon, Mar 5, 2012 : 10:33 p.m.

Looking at all the comments from people so willing to let police take on the role of judge, jury and executioner, and all those who've "voted" their approval for these kinds of comments...... I'll tell you, you scare the hell out of me. This country moving headlong down the path that ends at fascism and tyranny. I do not use those words carelessly. Instead of understanding and fighting those threats to our republic, there seems to be an enormous number of people actually championing the assault on the Constitution and Bill of Rights. And, that is exactly what you do when you condone the use of lethal force in this case. (Yes! Tasers must be considered lethal force, since there is no way for a cop to know who will die as a result, and who will be merely subdued.)

Irwin Daniels

Tue, Mar 6, 2012 : 4:34 p.m.

@no flamers! <a href="http://www.huffingtonpost.com/2009/06/09/police-taser-great-grandm_n_213218.html" rel='nofollow'>http://www.huffingtonpost.com/2009/06/09/police-taser-great-grandm_n_213218.html</a>

trespass

Mon, Mar 5, 2012 : 11:56 p.m.

@no flamers- I would remind you he was shot three times. Why? Also, why are the officers not trained to recognize a seizure?

no flamers!

Mon, Mar 5, 2012 : 10:43 p.m.

High-minded principles declared, but you lost me when you claimed that &quot;tasers must be considered lethal force, since there is no way for a cop to know who will die as a result.&quot; First, 99%+ of taser-ed people don't die. Second, using a taser supposed to be last-alternative choice to prevent a billy club to the temple or a gunshot. Third, we must remind ourselves that cops are placing themselves in grave physical danger when interacting with criminals and must first and foremost protect themselves. Ask yourself, could you increase risk to yourself by letting the criminal continue his rampage, or would you put him down?

Chad Williams

Mon, Mar 5, 2012 : 9:14 p.m.

Four cops one criminal no weapon found. Are cops really that weak? Its funny when I read about white criminals stories none seem to ever be harmed. For those idiots who say stop when a cop says so what criminal do you know white or black who stands there with drugs? All criminals run from police, how about the guy who stole a police car and led them on a high speed chase on 94, did he get tasered?

annarborkid

Mon, Mar 5, 2012 : 8:07 p.m.

I'm sorry but I find it hard to feel sorry for an individual like this. He put himself in the situation. He was caught not once, but a second time. Maybe the message wasn't strong enough the first time.

steve h

Mon, Mar 5, 2012 : 6:05 p.m.

Let's just disarm law enforcement and give them whistles. If the alleged criminals don't stop then so be it.

drewk

Mon, Mar 5, 2012 : 6:03 p.m.

What should be done for the &quot;victims&quot; that bought that &quot;white powdery substance&quot; then died of heart failure. If drug dealers were stopped permanently then others may not die as a result. Sorry, no sorrow for the tasered subject here.

Roadman

Mon, Mar 5, 2012 : 5:13 p.m.

A few points. First, the human body runs on electrical impulses and the Taser is essentially a medical instrument used to disrupt the impulses going through the central nervous system. While this may be not fatal for most healthy adults, the police officer has no idea of the medical history of the person he is Tasering. An elderly person, child or individual with serious health problems may sustain serious injury or death if given a Tasering. A teenager was killed in Detroit by Warren Police Department personnel after failing to obey orders to stop and fleeing into Detroit. He had a history of asthma and was very thin. The Taser instrument caused his pulmonary system to act dysfunctionally and he stopped breathing. Where does an officer draw the line - would he Taser a 90-year old woman or a person with a history of cardiac arrest episodes? Secondly, the number of deaths from Tasering locally should put law enforcement on notice that these instruments have the capacity to deliver a lethal dosage of electricity to certain people. Their use should be stopped until the medical community can deliver adequate assurances that their deployment is safe.

annarborkid

Mon, Mar 5, 2012 : 8:08 p.m.

I would much rather take the risk of having an officer taser me than to have a bullet rip through my body...just saying...

BornNRaised

Mon, Mar 5, 2012 : 6:41 p.m.

Third, if you're stupid enough to be in that situation, you get what you get. Alternatives... billy club or gun.

David

Mon, Mar 5, 2012 : 6:01 p.m.

So the moral of the whole story is don't commit a crime unless you are 100% healthy.

leezee

Mon, Mar 5, 2012 : 4:40 p.m.

When they tell you to stop, stop. It's really that simple.

rusty shackelford

Mon, Mar 5, 2012 : 4:59 p.m.

And if you don 't, you deserve to die.

Bcar

Mon, Mar 5, 2012 : 3:14 p.m.

That would make this the first taser death recorded if I remember correctly. they have not yet directly caused a death yet, people have died AFTER being tased but usually they have a heart problem or fell off stairs and hit their head, etc. not from the taser. Would his mother rather them used their .40s???

Bcar

Tue, Mar 6, 2012 : 3:20 p.m.

I agree that they can be a contributing factor (i.e. stuns them and they then fall off a curb etc.)

trespass

Mon, Mar 5, 2012 : 3:53 p.m.

That is Taser company propaganda. There have been hundreds of deaths where a major contributing factor was the taser. The Taser company threatens to sue any medical examiner who attributes a death to the Taser so MEs tend to couch the diagnosis in wishy washy languange.

Bonsai

Mon, Mar 5, 2012 : 3:04 p.m.

this article and the one on the original incident are begging for context. how many people have died after being tased? how many in the area (I know of at least one in Livingston County)? how often have police departments been sued over taser deaths? how many such lawsuits have been successful? maybe that thing called google could help...

trespass

Mon, Mar 5, 2012 : 3:28 p.m.

When I last looked for the statistic 4 people died in Michigan after being tasered in 2009 &amp; 2010.

rusty shackelford

Mon, Mar 5, 2012 : 3:03 p.m.

This is the USA, people. Cruel and unusual punishment isn't allowed after you've been convicted of a crime. Only before you've even been charged with one. Outlaw tasers now.

JustMyOpinion

Mon, Mar 5, 2012 : 5:13 p.m.

We give officers fire arms which are far more lethal and they use them properly for the most part. I do not think it is a stretch for them to do the same with tasers under new guidelines. They do not shoot people who anger them. The trick is to make discharge of a taser almost as serious as discharge of a fire arm for the officer. Moreover, given a choice, I would prefer to be tasered than shot, although &quot;neither&quot; comes immediately to mind.

rusty shackelford

Mon, Mar 5, 2012 : 4:58 p.m.

The 1st reply is an irrelevant and slightly bizarre attempt to change the subject. As for the second, we have just seen far too many examples that point to one obvious fact: police officers are incapable of using Tasers responsibly. Many innocent people have died, and there has been virtually no accountability for these deaths. We give the state power and it will use it. The power to electrocute people for angering a police officer is one power the people never should have granted and need to rescind.

JustMyOpinion

Mon, Mar 5, 2012 : 4:22 p.m.

I dont think outlawing tasers makes sense. It does, however, make sense to establish a national or state standard for use with well enforced guidelines.

Pickforddick

Mon, Mar 5, 2012 : 3:46 p.m.

How would you stop the criminals? How would you treat the victims?

Pickforddick

Mon, Mar 5, 2012 : 2:46 p.m.

Isn't it amazing how some would want us to feel so much sorrow for the &quot;Criminal&quot; and nothing for the victims of these &quot;Criminals&quot; This is amazing to me.

JustMyOpinion

Mon, Mar 5, 2012 : 2:35 p.m.

As a law enforcement tool, Tasers were to be the replacement or alternative for guns and non lethal. This means that the use of them was to occur instead of shooting a suspect - and the same rules of engagement would apply. What has happened is far different. Tasers are deployed as non lethal tactics in situations and circumstances where guns would never have been used. There is not enough information to determine if this case falls within the boundaries of lethal force being called for, but it does not seem reasonable to taser someone who is already down and not getting up because you think you will be bit. If you substitute &quot;shoot&quot; for &quot;taser&quot; and then ask yourself if the action was reasonable, I believe you come up with a solid answer about any particular taser action.

Mike

Tue, Mar 6, 2012 : 2:54 a.m.

Before tasers bullets were the only option or beating with a night stick. Cooperating with the police has a much better outcome in most cases............

JustMyOpinion

Mon, Mar 5, 2012 : 4:21 p.m.

When tasers came into law enforcement they were touted as the alternative to using a firearm, kind of a replacement tool for shooting people. Since that time, they have become a convenience item instead; used when foot chase or physical interactions are not preferred by the officer, not with the same seriousness as originally intended. As such, children have been tasered (and died), handcuffed people have been tasered (and died) and mentally ill people have been tasered (and died). In NONE of those circumstances would a fire arm have been a reasonable alternative. Personally, I find the lowering of standards to be unreasonable and unwarranted. I believe a legal standard for use needs to be established and maintained as opposed to what is in place now.

Craig Lounsbury

Mon, Mar 5, 2012 : 3:03 p.m.

I'm not sure I fully buy your argument. It implies a taser is a &quot;one for one&quot; replacement to a bullet. A situation escalates to &quot;bullet status&quot; and an officer substitutes a taser instead. I'm not sure that's the total picture. A taser could reasonably be used prior to &quot;bullet status&quot; so a situation never reaches &quot;bullet status&quot;. In that case taser's would reasonably be used more often than bullets. Thats a good thing for most folks.

Pickforddick

Mon, Mar 5, 2012 : 2:05 p.m.

Simple solution to avoid this in the future.............When an officer of the law tells you to stop.....you stop. Nothing hard about this solution.

BornNRaised

Mon, Mar 5, 2012 : 1:59 p.m.

Can the county sue the mother for all the times the deputies had to risk their lives dealing with an individual like this? Instead of blaming everyone else for what happened to your son, start looking inside your own home first. You know... where all the drugs are.

Brad

Mon, Mar 5, 2012 : 2:48 p.m.

Surely a capital offense if ever there was one.

GirlNextDoor

Mon, Mar 5, 2012 : 2:07 p.m.

Exactly, his Mom didn't have chocolate chip cookies on the counter. &quot;Investigators found bags of marijuana on a kitchen table&quot;

greener_tea

Mon, Mar 5, 2012 : 1:50 p.m.

No surprise that the police use more force than needed. Isn't it part of thier training to ensure trauma occurs in order to discourage any law breaking?

Pickforddick

Mon, Mar 5, 2012 : 2:29 p.m.

Isn't it amazing how some would want us to feel so much sorrow for the &quot;Criminal&quot; and nothing for the victims of these &quot;Criminals&quot; This is amazing to me.

Peter

Mon, Mar 5, 2012 : 1:48 p.m.

There is a medical condition called 'excited delirium' that was invented by doctors paid by the Taser corporation, which is often cited as the cause of death (as opposed to 'electrocution'). One of the risk factors for excited delirium is 'being black.' True story.

Mike

Tue, Mar 6, 2012 : 2:52 a.m.

Great, now this has become a racial issue.....it always seems to go down that road.............

trespass

Mon, Mar 5, 2012 : 2:12 p.m.

The diagnosis of excited delerium was not invented for taser deaths but it became a popular explanation for any in custody death. It has become more controversial in court so the medical examiners are looking for another diagnosis that they can defend in court and this &quot;catecholamine induced cardiomyopathy&quot; has become the fad diagnosis but I guarantee that this is not going to be any easier to defend in court. I would love to cross examine this medical examiner on the witness stand.

David Frye

Mon, Mar 5, 2012 : 1:41 p.m.

This is your war. This is your war on drugs. Any questions?

Ryan

Mon, Mar 5, 2012 : 1:39 p.m.

I'm not a big fan of (alleged) drug dealers but one the comments compelled me to post. &quot;It is surprising that the police displayed as much restraint as they did. They were within the law to shot this suspect, yet chose to taser him, which is clearly less lethal then a bullet.&quot; Seriously? What restraint did the police show? They were there to arrest him for a NON-VIOLENT offense and he ended up dead in front of his children. Regardless of what you may believe, the police DO NOT have the right to just shoot you if you run away from them. He was wearing an ankle bracelet, a GPS tether that alerts police to his location at all times. When he ran the police could have easily tracked him but apparently that would have taken too much work so they tased him. AND HE DIED. No trial by a jury of his peers, no defense, just DEATH. That is against everything our American tradition is based upon. It is the practice of TYRANTS and is part of what our Forefathers rebelled against. If you want to live in a country where the police can kill citizens at will without trial then move to N. Korea or Iran. This is the United States of America and we DO NOT support this behavior from our police. &quot;Clearly less lethal&quot;? Did you not read that this man is dead? The human body has adapted over tens of thousands of years to being beaten and abused but it has not adapted to having 100,000 volts of electricity run through it. Tasers are dangerous weapons that should only be used in extreme circumstances where life and limb is at risk. This case DOES NOT meet that criteria. Suppose you got into it with your spouse or you daughters boyfriend. Things get a little rowdy and your neighbors call the police. The police show up and because you have had a few drinks and are furious with spouse/other you yell at the offciers and shake off their attempts to calm you. They decide you are unruly and tase you. You die. So sad, but according to you, no crime has occurred except your own. So

Ypsi_Wings_Fan

Thu, Mar 15, 2012 : 6:04 p.m.

Im pretty sure tasers only give off 50,000 V max, and thats the initial burst. But Im no expert.

mhirzel

Mon, Mar 5, 2012 : 9:31 p.m.

Thank you, Ryan. Exactly.

trespass

Mon, Mar 5, 2012 : 6:20 p.m.

@Craig- If that were the choice then I would chose a taser but my objection to the taser is that the police do not use it instead of a gun but rather they use it in much less threatening situations. If they had shot Mr. Jackson while he was fleeing that would have violated policy. He must be threatening to the officer or others. Since one of the shots was in the back, he probably was not threatening the officer when that shot was fired.

Craig Lounsbury

Mon, Mar 5, 2012 : 3:53 p.m.

@trespass, i don't disagree with your points because they don't really counter mine. All in all a taser is &quot;safer&quot; than a bullet. If I had to pick between being tased or shot I'd pick tased. That's my only point. I'm guessing you would too.

trespass

Mon, Mar 5, 2012 : 3:23 p.m.

@Craig- There have also been a number of lawsuits by police officers who have suffered back injuries as a result of being tasered in training. Also, in training there are usually two officers to catch the officer when he falls. One of the most common cause of death after tasering is head injuries resulting from the fall. There were 4 deaths in 2009 &amp; 2010 in Michigan as a result of tasers so it is less lethal but it is not classified as non-lethal force. It also depends on whether you are using it in a situation where lethal force is justified or not. A fleeing suspect is not generally qualified for the use of lethal force.

Craig Lounsbury

Mon, Mar 5, 2012 : 2:54 p.m.

taser's are relatively benign compared to bullets. That is an indisputable fact. Often police officers in training will voluntarily get tased so they know what its like. None of them voluntarily get shot to know what that is like. When the police tase someone death is not the expected outcome and statistically that is overwhelmingly true. If the police shoot someone death, I believe, is the expected outcome. I don't believe police are trained to &quot;wing somebody&quot; . That is the stuff of TV.

Craig Lounsbury

Mon, Mar 5, 2012 : 1:05 p.m.

If I read this story correctly, the deceased was &quot;on probation for a drug conviction&quot; when Deputies &quot;chased him inside his mothers home&quot; where they found &quot;bags of marijuana on a kitchen table&quot; and the mother is court appointed to represent her deceased sons estate? Somehow that seems odd to me.

Homeland Conspiracy

Mon, Mar 5, 2012 : 12:59 p.m.

A United Nations committee said that use of Taser weapons can be a form of torture, in violation of the U.N. Convention Against Torture.

Mike

Tue, Mar 6, 2012 : 2:49 a.m.

I beats a bullet.............

John of Saline

Mon, Mar 5, 2012 : 10:10 p.m.

The UN says a lot of things.

trespass

Mon, Mar 5, 2012 : 2:05 p.m.

The classification of a taser as torture depends on how it is used. If it is used to incapacitate and for the minimum amount of time needed it is not torture. The use of the &quot;drive stun&quot; setting where the taser is held against the skin and used to induce enough pain to make the prisoner comply can be torture if it is used on a handcuffed prisoner who does not pose a threat to the officer or if the taser is used for a prolonged period of time (the taser usually lasts for 5 seconds but some officers have been known to keep pulling the trigger for as long as 55 seconds, which has sometimes resulted in death)

jcj

Mon, Mar 5, 2012 : 1:32 p.m.

&quot;use of Taser weapons can be a form of torture&quot; So can making someone take castor oil, eat cooked carrots or walk to school in a snow storm!

Silly Sally

Mon, Mar 5, 2012 : 12:45 p.m.

I was not there, but if this suit is true, that once the man was down and his hands restrained by handcuffs, the officers should have either offered aid or walked away. To further taser him or restrain him would be wrong. They need to learn how to switch gears, from attack mode to something different. This can be hard to do. I do find the basis for this suit hard to believe, and will follow this lawsuit with interest.

pseudo

Mon, Mar 5, 2012 : 12:31 p.m.

I won't ask questions because apparently they seem to 'blame the victim' so I'll just post the earlier ann arbor.com report and ask that Ann Arbor.com come to grips with this tilted, sometimes contradictory reporting of events. <a href="http://www.annarbor.com/news/man-dies-after-being-tasered-in-superior-township/">http://www.annarbor.com/news/man-dies-after-being-tasered-in-superior-township/</a>

mhirzel

Mon, Mar 5, 2012 : 11:57 a.m.

I call it murder.

jcj

Tue, Mar 6, 2012 : 2:42 a.m.

I call you over the top!

Enso

Mon, Mar 5, 2012 : 6:44 p.m.

@ Pick, Don't be afraid to answer the question: are you saying you favor the death penalty for street level distributing of drugs?

mavfunn

Mon, Mar 5, 2012 : 4:04 p.m.

Here's a solution: end the war on drugs as it currently exists. Such drug dealers have their criminality empowered by the war on drugs, likely opposite to the intended consequence. You stop them by not creating them in the first place. Without a thriving black market for drugs, someone like this would not be able to resort to such profitable criminality and actually have to get a real job and be productive (or fail, but at least they'd have one less criminal option, and a very significant one, as we all should be able to see).

Pickforddick

Mon, Mar 5, 2012 : 3:50 p.m.

@trespass.....are you going to come up with a solution to stop criminals that works better than this?

trespass

Mon, Mar 5, 2012 : 3:18 p.m.

@Terry &amp; Pick- So are you saying you favor the death penalty for street level distributing of drugs?

Pickforddick

Mon, Mar 5, 2012 : 2:07 p.m.

I call it justice.

Terry

Mon, Mar 5, 2012 : 1:24 p.m.

Murder? A repeat offender still on probation for drug related charges, in posession of drugs with a clear intent on distributing dies after fleeing from the police. Obviously he was not being rehabilitated. Thanks to the police efforts to minimize collateral damages and use the proven less fatal tasers instead of discharging their wepons, there were no innocent vitims in this case.

Wolf's Bane

Mon, Mar 5, 2012 : 11:43 a.m.

It is surprising that the police displayed as much restraint as they did. They were within the law to shot this suspect, yet chose to taser him, which is clearly less lethal then a bullet. Now the family wants money?

Wolf's Bane

Mon, Mar 5, 2012 : 11:35 p.m.

66 people don't think so?

quetzalcoatl

Mon, Mar 5, 2012 : 4:02 p.m.

You're flat out wrong about the right to shoot an unarmed suspect, who was wearing a GPS locator device anyway.

trespass

Mon, Mar 5, 2012 : 11:34 a.m.

The autopsy in this case was seriously flawed. The autopsy concluded that he died as a result of cardiac arrest due to a rush of adrenaline (known as stress cardiomyopathy) but the autopsy failed to notice that his lungs weighed twice normal, which meant that he had about a quart of excess fluid in his lungs. This is a sign of congestive heart failure and does not develop suddenly but requires about 20 minutes, which was about the time it took for him to be brought to the emergency room. The prosecutor's memo and medical records said that he complained of shortness of breath shortly before he was given a sedative and stopped breathing. Stress cardiomyopathy has always been described in patients who complained about heart pain, which Mr. Jackson did not complain of. The &quot;contraction band necrosis&quot; described in Mr. Jackson's heart muscle happens routinely when an electrical defibrillator is used to try to resuscitate a person as was used in Mr. Jackson's case. Mr. Jackson was not shot with the taser darts once but three times. Two sets of puncture wounds were noted in the autopsy, in his lower abdomen and in the middle of his back. However, his medical records also noted that another set of taser darts were removed from his hat. The description of his prolonged tetany (muscle contractions) long after the taser electricity was stopped, along with his drooling and staring off into the distance are indicative of a seizure triggered by being tasered in the head. The officer tasered him again because she said that he appeared ready to bite her while he was being restrained but after a seizure he would have an altered mental state that would not have allowed him to make such a voluntary motion. Thus, the entire investigation was based upon a faulty autopsy and was thus flawed. I have tried to meet with Sheriff Clayton to discuss these issues with the autopsy but he is blissfully happy with his ignorance and will not discuss the problems with the autopsy.

mhirzel

Mon, Mar 5, 2012 : 10:51 p.m.

Dear Tresspass, I, for one, am very grateful to you for caring enough to look into this matter. Thank you.

shutthefrtdoor

Mon, Mar 5, 2012 : 7:54 p.m.

Thanks trespass...so alledgedly he is &quot;blissfully happy&quot; that the autopsy WAS screwed up...I get it. Sorry man...slow day in the fast lane. lol

trespass

Mon, Mar 5, 2012 : 6:13 p.m.

@shut- First, multiple taser shots increase the likelihood of death (he was shot three times). Second, shooting someone in the head with a Taser is dangerous because it can cause a seizure (as it did in this case). Third, the officers did not recognize that he was having a seizure (he could vomit and choke or asphixiate if it is prolonged). Fourth, they claimed that he was alert enough to try to bite the female officer so she punched him in the mouth (it is highly unlikely that someone who is just finishing a seizure is at all alert). They claimed that he was alert when being taken to the ambulance but their is video showing that he was not alert or able to follow commands. Finally, the last thing he needed in the ER when he was complaining of shortness of breat was to be given a sedative.

bunnyabbot

Mon, Mar 5, 2012 : 4:47 p.m.

trespass, (doug smith) files a lot of FOIA, it is his hobby

shutthefrtdoor

Mon, Mar 5, 2012 : 4:40 p.m.

Wow... the only part of your post that I don't get is about Sheriff Clayton. Why would he &quot;blissfully happy&quot; if this &quot;evidence&quot; might support his Deputies; or does it...I'm confused...lol

Craig Lounsbury

Mon, Mar 5, 2012 : 3:05 p.m.

@trespass, Thanks for the answers. I now grasp your position.

trespass

Mon, Mar 5, 2012 : 2:01 p.m.

@Craig- The autopsy listed the weight of each lung. Therefore, I can compare that with the normal weight range and say that they were twice the normal weight. When I say that they did not notice that the lungs were overweight it means that they did not make a diagnosis of pulmonary edema (excess fluid in the lungs) or attribute it to his being in congestive heart failure. Thus, the pathologist missed the proper diagnosis.

Craig Lounsbury

Mon, Mar 5, 2012 : 1:34 p.m.

I'm still confused. If the autopsy &quot;failed to notice&quot; (your words) how much his lungs weighed how can you extrapolate if what you had was the autopsy? Are you saying the medical examiner wrote some &quot;literature on the diagnosis&quot; that he/she did not put in the official autopsy? That would seem odd to me.

jcj

Mon, Mar 5, 2012 : 1:29 p.m.

@trespass It certainly sounds like you know what your talking about. BUT given your propensity to always come down on the opposite side from law enforcement. I have to look at your version about the same as I do most polls. It depends who is conducting the poll as to the outcome. Therefore I cannot at this time give your version any more or less consideration than I do the pathologist that performed the autopsy. If your version is correct it should not be hard to prove in court.

trespass

Mon, Mar 5, 2012 : 1:14 p.m.

@Craig- I received the autopsy and prosecutor's memo through FOIA and I am a pathologist. I studied some of the literature on the diagnosis made by the medical examiner.

Craig Lounsbury

Mon, Mar 5, 2012 : 12:55 p.m.

how do you know so much? How do you know &quot;his lungs weighed twice normal&quot; if it wasn't in the autopsy? Were you present at the autopsy? &quot;the autopsy failed to notice that his lungs weighed twice normal, which meant that he had about a quart of excess fluid in his lungs.&quot;