There is a call to ban tasers in Pensacola after a series of injuries and fatalities linked to the use of the weapons. In one of the most controversial cases, Victor Steen, 17, died after being first tasered by an officer and then run over by his cruiser. For the video, click here. A judge has ruled, however, that the officer responsible committed no crime in the death of Steen.
Officer Jerald Ard spotted the teen is a vacant construction site and ordered him to stop. When the teen took off on his bike, the officer pursued him and fired a taser at Steen through his car window in 2009. He then ran over the boy with his cruiser — killing him.
Here are excerpts from Ard’s disciplinary report. The report includes the following finding:
After reviewing the video evidence in this incident, I believe that the pursuit did expose the subject to unreasonable risk of harm or injury. At times in the pursuit, Officer Ard drove his cruiser so close to the suspect’s bike that it would have been difficult if not impossible for him to stop if the suspect fell from the bike. I also found it disturbing that Officer Ard attempted to tase the suspect on a bike as he rode next to him. If this action would have been successful, it is very possible that the suspect would have sustained serious injuries from the fall.
The teen was the fourth person who died in Florida in 2009 and the 57th such death since 2001. St. Petersburg was cited by Amnesty International as a city with the highest fatalities in the nation from such tasers.
The family is now filing a lawsuit in the matter.
WHAT? Bike, Car, Police Car at that and a Taser. Besides bullets and graft was the Officer Loaded? The Judge? It seems like this is a little excessive, there was no one at risk other than the officer and his pride…..
My husband’s father grew up on a farm and he said that slaughtering makes people mean, perhaps that is the occupational risk of law enforcement, police, prosecution, and judging.
Another teen I know personally, in probably ’72, climbed over a fence to steal beer from a country club golf course; motivated in part by being underage and unable to legally buy booze. It turns out the country club had armed guards, who I think were also teenagers, and they shot at him with live ammo. Fortunately they missed. This guy, by the way, is now a conservative adult.
Because of my lawsuit, I researched Colorado Intergovernmental Risksharing Agency. I think there are similar organizations in most states. CIRSA sells local government errors and omissions insurance that I think would cover that claim. Colorado Revised Statutes describe the reporting requirements to the state Division of Insurance for government risk sharing pools CRS 24-10-115. I think they should be available thru state open records act, maybe someone else can get them, I could not.
Fort Collins, CO bought government errors and omissions insurance from AIG. I think that might have paid for the Tim Masters claim for wrongful imprisonment due to withholding of exculpatory evidence (someone else’s DNA).
All the police departments have really formal written directions on every facet of their operations.
It sadly funny – Tasers were supposed to allow officers a non-lethal means of subduing suspects. But the concept that they are non-lethal has permitted many to ignore the fact that they are only mostly non-lethal when used correctly and certainly not non-lethal when used stupidly.
There is no doubt, as the pathetic list of abuses & misuse of the tool has grown, that many officers believe there are no consequences from using it & too many use it as punishment or without really thinking about it. Law suites are probably the only way this stupidity will be curtailed & then we will have to listen to the blue community whine some more about how awful the courts are and tieing their hands.
The family filing a lawsuit is troubling. The police do not have any money. It is the public’s money. It is the purpose of sovereign immunity. So other people are not paying claims on behalf of the government.
Shirley… it’s called using public pressure to make the police responsible for their actions. If the cops are acting irresponsibly, then suing the police and the community is one way for the public to provide one step of control on rogue law enforcement officers.
As for tasers, once people understand that “non-lethal force” is still force and that the use of force has the potential for some consequence, then maybe there will be a more judicial use of the taser.
After watching the video and reading the details of the case I can only conclude that this was a racially motivated incident that ended in a murder and cover-up that the judicial system was comfortable abetting.
Just to clarify, according to the judge’s order the taser did not make effective contact at all, and the vehicle impacted the boy later after he hit a curb and was thrown 18 feet into the path of the vehicle. I agree the chase and taser seem to be a massive overreaction. The officer really had no basis to suspect that the victim was the person seen on the construction site. He did have cause to conduct a traffic stop, as the victim was riding his bicycle without required lights.
lottakatz
1, August 3, 2010 at 12:03 pm
After watching the video and reading the details of the case I can only conclude that this was a racially motivated incident that ended in a murder and cover-up that the judicial system was comfortable abetting.
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In my opinion, Lotta makes a valid point that is worth consideration. Since all we have is the officer’s self-serving testimony, and the video’s less than clear definitive picture … without the testimony of the deceased … we are able to draw such conclusions. The lawsuit might bring forth additional facts … perhaps even something about the judge.
“the victim was riding his bicycle without required lights.”
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That sounds like a post facto rationale by the police, just like planting then finding a gun is a post facto justification for charges. If the ‘suspect’ lives that is.
How many people are stopped for riding a bicycle without lights? I agree with lottakatz.
That kid is dead for no good reason … it makes me sick!
Dear fake “Shirley Sherrod”– You expose yourself as a Republican hack by your typical right-wing lack of compassion and whining about taxes. You should be ashamed to use the name of such a decent American.
The person who is trying to further insult Ms. Sherrod may be part of the terrifyingly insane “sovereign citizen” cult. If so, this person isn’t a “republican hack” but instead, imagine the wacko fringe of the Tea Party on huge, simultaneous doses of meth AND PCP.
Back on point.. From the dash cam, it looks unambiguous that the driver of the car intentionally U turned so as to run over the kid. That’s just plain murder.
tomdarch
1, August 3, 2010 at 2:47 pm
The person who is trying to further insult Ms. Sherrod may be part of the terrifyingly insane “sovereign citizen” cult. If so, this person isn’t a “republican hack” but instead, imagine the wacko fringe of the Tea Party on huge, simultaneous doses of meth AND PCP. ………….
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Okay … now that is seriously scary
“The “sovereign citizen” movement is a loosely organized collection of groups and individuals who have adopted a right-wing anarchist ideology originating in the theories of a group called the Posse Comitatus in the 1970s. Its adherents believe that virtually all existing government in the United States is illegitimate and they seek to “restore” an idealized, minimalist government that never actually existed. To this end, sovereign citizens wage war against the government and other forms of authority using “paper terrorism” harassment and intimidation tactics, and occasionally resorting to violence.” (ADL)
Give the cop a break- he meant to use his revolver. Sheesh! Buncha bleeding heart soft on crime libruls!
Tasering is just one more symptom of the culture of obedience.
The officer applyed the punishment.
The punishment, execution by cop, certainly does not fit whatever crime the boy was going to be accused of.
It does seem fairly logical that the boy would have tired and slowed to a stop much more quickly than an auto.
Even a swat team and helicopter would at least have not killed a kid who aparently committed no greater crime than running away from a cop.
we are losing our humanity.
Cops: the fastest growing criminal class in America.
“A call to ban tasers”
– This has been long overdue.
Don’t forget the NYC cops have had to shell out millions of bucks for shooting people. Gadzooks.
And of course Shirley Sherrod is suing this Breitbart guy, who is not even as sovereign as a police force, and not funded by the taxpayers. Further evidence that Sherrod is indeed an extremely decent American, as has so sensitively been pointed out.
And it is also true that the police don’t have any money. That is why they keep laying people off.
cops can chase people for such minor infractions… endangering the public… wow, murdered by the police because you didn’t have a light on your bike… THE POLICE WONDER WHY THEY ARE HATED?
BUT DON’T HATE THE COPS AS MUCH AS THE CITY THAT ALLOWS IT!
The problem is not in the tasers but in moronic and often just badwilling cops killing innocent people and getting acquitted….
This cop sure’s seen one too many movies…. that’s the closest I’d ever let him come to seeing a badge…
the use of the Taser weapon has evolved via policy and rulings, such as these, into a weapon of compliance. When did this officer fear for his safety?
It is policy in the vast majority of Taser carrying departments that you do not use a Taser on a fleeing suspect as to not cause danger or injury OR death. Unfortunately this is not policy based on case law, it is based on multitudes of civil settlements by multitudes of offending agencies.
Would the judge have ruled differently if the officer threw a brick at this child? What about sticking his baton through his spokes?
However, all of these points are less topical in this situation, as the officer missed. But the attempt was made.
Official sources say that this is merely a tragic accident because he was run down by a 4000 lb cruiser. How is this less of a weapon? What are the department policies involving a suspected trespass perp, and driving w/flashers on the wrong side of the road? Watch the video.
The cop didn’t even stop until the landscaping on his hood encouraged him to stop his vehicle. Was the officer drunk or acting maliciously?
Sadly, these are answers that the sitting judical already addressed to come to his opinion, and still this is the result
All you have to do, is listen to the cop’s reaction.
He does not say, “Oh MY GOD, I NEED AN AMBULANCE! NOW!”
NO, NO, NO.
He says, “I need Supervisor Soandso NOW!”
Shows exactly the state of mind he is in. Fucking crook.
First, the use of the word “murder” is outright wrong. Use some common sense people. If you watch the video and consider the effects of inertia it is clear that a car is NOT going to stop fast enough to avoid contact.
Did the officer make some poor choices, yes. Should the suspect be held liable for not stopping, YES! Why is it the police are almost always held 100% liable in these situations? Especially by a gang of bleeding heart liberals crying brutality. There are some incidents that require closer scrutiny because of police misconduct, Rodney King case is a prime example. However, police officers walk a fine line upholding the laws without being labeled racist, brutal or incompetent. At the same time officers are making split second decisions under pressure while worrying about the safety of the public-at-large and their own.
Before you fire off any response to this case consider how you would feel needing to wear body armor to work every day.How you would react knowing you are a target because of the uniform you wear and the car you drive. There are certainly some bad apples that need to be weeded out, but to make a blanket statement condemning all police is WRONG. If you should ever be the victim of a crime I am sure your tune would change.
It is sad the young man died, but running from police is a sign of guilt. Why not just stop!!! There is too much crime, too many illegal guns on the street. Either let the police do their job or arm all of us.
I watched the video and I am saddened at the lack of respect for the life of that child during the chase. The officer clearly lost control of his emotions while trying to stop the young man. Did he intentionally think I will kill him, I think not. Is he responsible for the death absolutely. He continued to operate the vehicle at speed after the child was out of his sight. In other words he did not get his lazy red neck butt out of the car to investigate the situation.
The youth in Florida have good reason to run from the police. I lived in Florida for 17 years. I have never seen police act out the way they do. Society in Florida has excepted this behavior as the norm. Florida has the highest death rate for pedestrians and bicyclists over any other state. You can’t expect the judge to side with anybody but the police when they are trying to cover there financial butts over a law suit. They just don’t care. It is nothing personal it is business.
Jr:
“Did the officer make some poor choices, yes. Should the suspect be held liable for not stopping, YES! Why is it the police are almost always held 100% liable in these situations?”
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Because we give them the training, authority, and the guns to do their jobs as our servants and not our masters. Plus, the last time I looked no one –absolutely no one–was forcing them to do this job against their will. Most of the good cops I know don’t whine about their lot, and they have even less tolerance for the “cowboy cops” you seem to revere. Bad choices indeed, and seventeen-year-old Victor Steen is dead for the crime of eluding the police. Here in Virginia that’s usually a fine. Apparently, in Florida it’s a capital offense.
Probably the worst choice the cop made was planting his “throw down gun” while the dash cam on a back up cruiser was running. So the kid was found to have a 9mm in his pocket when they pulled the cruiser off him that just happened to be wiped clean of any fingerprints. In the cops favor, the shoofly who questioned him asked one question, Did you plant a gun? And he took the cops No as an honest answer. Would that we could all be interrogated so gently.
Officer Jerald Ard is working the Pensacola PD info desk right now! Give him a call and let him know how you feel about drop guns.
850-435-1900
All you people make me sick! You should all be ashamed of yourselves. Yes this is a horrible incident that ended in the death of a person, but all if your over generilzations about police officers and the job they have to do is disgusting. Yes this child died, but it wouldn’t have happened if he did not run from the cops plain and simple. Should the cop have used the taser in this way, probably not, but if you disgusting people actually looked at accurate facts you would now how many police and civilian lives thus weapon has actually saved. I’m doody this child has died, but to say the things you are saying about the men and women who give up there lives to protect is wrong. Do I believe that the ofc in this case made an error of judgement and could have chosen other options? Yes, but the simple fact of the matter is by state law and the fourth amendment he had every right to stop, detain, and question the kid and he ran.
Sick and Tired,
You are fucking crazy. What if that happened to your miscreant child? But please do see the astounding case that is applicable to this situation Tennessee V Garner. Now do officers have the right to use deadly force when a non threatening alleged felon is running? Don’t think so.
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Tennessee v. Garner
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued October 30, 1984
Decided March 27, 1985
Full case name Tennessee v. Edward Garner, et al.
Citations 471 U.S. 1 (more)
105 S. Ct. 1694; 85 L. Ed. 2d 1; 1985 U.S. LEXIS 195; 53 U.S.L.W. 4410
Prior history On certiorari from the U.S. Court of Appeals for the Sixth Circuit
Subsequent history Remanded
Holding
Law enforcement officers pursuing an unarmed suspect may use deadly force to prevent escape only if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan, Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell, Jr. · William Rehnquist
John P. Stevens · Sandra Day O’Connor
Case opinions
Majority White, joined by Brennan, Marshall, Blackmun, Powell, Stevens
Dissent O’Connor, joined by Burger, Rehnquist
Laws applied
U.S. Const. amend. IV
Tennessee v. Garner, 471 U.S. 1 (1985), was a case in which the Supreme Court of the United States held that under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
I am sorry, where did you get the ideal that this was permissible conduct. You see here in Texas they go swimming with hand cuffs. That was considered officer error. It could have happened to anyone as they were on a work detail and the boat capsized. Damn good job on that one, the inmate/trustees were handcuffed to the boat. The only one escaping was the deputy and he could stand up in the water but made it back to shore safely.
I find this extremely hypocritical. I’m told by police that as a woman I am not allowed to carry or use pepper spray because if I’m being attacked I am likely to spray myself because I am not trained to determine which way the wind is blowing. Isn’t it common sense that if you taser someone, he or she is going to fall?? And if he or she is on a bike that they will fall of the bike and onto the ground next to you?? Shouldn’t cops be trained to use tasers?? Meaning that if he or she tasers someone on a bike they should be able to predict that he or she will fall of the bike and onto the ground… Next to the moving car!! not only was the cop using an excessive action for a minimal infraction, his incompentence cost a boy his life!! And cops wonder why people dont trust or like them… Can you say AUTHORITY ABUSE?!?!?