Recently, a viewer asked if I was not a bit too critical of tasers and asked if they were not better than having to resort to guns. The most obvious answer is that tasers are now used by some officers as a first response, though most officers use them appropriately. The choice is not between a taser and a gun. However, the case below shows this perils of such a choice and confusion with Madera officer Marcy Noriega.

In 2002, Noriega responded to a disturbance of the peace In Madera California. Twenty-four-year-old Everardo Torres was arrested, handcuffed, and placed in the back of a squad car. The police insisted that Torres was trying to kick the windows out so Noriega grabbed what she thought was her taser and shot him in the chest. It turned out to be her 40-caliber Glock instead and she killed Torres.

The family the city and the city sued the manufacture of the Taser M26 — saying that it was defectively designed due to its resemblance to a real gun. however, a federal judge dismissed the lawsuit. Moreover, Noriega was incredibly cleared of any charges by the department. Presumably, other objects like coffee cups, staplers, and pens have been clearly marked to avoid further carnage.

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