Constable Richard McCain insists that a grandmother deserved to be tasered in a recent roadside incident to protect himself from a violent attack. The suspect was Kathryn Winkfein, a 72-year-old grandmother, who had refused to sign a traffic ticket. Deputy Chris Bieze tasered Winkfein after she allegedly became belligerent.
Winkfein denies McCain’s allegations that she “used some profanity” and “got violent” before he was forced to protect himself with the tazer. The use of such a device on an elderly person is obviously quite dangerous and has resulted in heart attacks according to some reports, here. However, a recent university study found no increased risk of heart attacks from tasers, here. This contradicts the view of other experts, here, who say that the device can cause cardiac arrest. I think it would be obvious that with the elderly or pregnant women (as in this case) the risk is quite high.
This entire incident was over Winkfein allegedly doing 60 in a 45 mph zone. It is not a crime to refuse to sign a ticket.
We previously blogged on the case of Jared Massey, a 72-year-old great grandfather who was tasered for refusing to sign a ticket. He was awarded $40,000 as compensation for the assault by Trooper Jon Gardner.
The police department is reportedly examining the dash cam video in its investigation into the Texas matter.
UPDATE: The police department has ruled the use of the taser was appropriate, here.
For a television video, click here.
I meant to add to my post that Travis County is not known for the high level of sophistication in it’s constabulary.
I believe that in Texas, it is not illegal to refuse to sign a traffic ticket, but at that point, the officer has the option of arresting the person and booking them into the local jail for the offense. This way, the defendant can not say they never recieved the ticket.
I have lived in Texas for many years, and have had encounters with cops from local constables to State Troopers. The local guys are all pretty predictably unsophisticated, to put it diplomatically, but the State Troopers are some of the best cops in the country. Stand-up guys, every last one of them.
It is a new technology that will require a higher level of sophistication from the officers who are given Tasers to take out on the beat.
That will be quite difficult with the Neanderthals that are deemed officers.
‘he sued his taser’
Funny pun, if it wasn’t the millionth typo on the blawg of one of the most respected law professors.
I’m telling you JT, let me be your spelling checker/windowdresser. You don’t have to pay me much, damnit 🙂
Glad to see that the police department has summoned the courage to investigate itself once again. I’m sure there will be no bias in their investigation …
Mike
You wrote: this is about power and control. The Officer was pissed that she wouldn’t sign the ticket, probably tried to bully her into doing so and then decided to arbitrarily punish her. He should be fired because unless she reached for a gun, there were no extenuating circumstances.
This is exactly the kind of think I’d expect to happen in Texas where there are probably people still doing time for a joint they had in their pocket in 1968 and said something like “F the Pigs”
Men who do stuff like this are simply neanderthals who run out of ideas fast. They have no repertoire after “sign this” and reaching for the weapon of choice. They probably had parents who had no repertoire between “put than down right now” and beating their kids.
Parents who beat their kids breed children who become cops with tasers that they use on seniors and who then go home, kick their dogs and beat their children. They may be bigger and stronger but they are not smarter than the people that they bully
and at the end of the day, there is no legal requirement that says a person has to sign a traffic ticket.
is there?
today I called 911 when I saw 2 small kids apparently abandoned in a parked car. They were alone in the car when I went into the grocery store and were still alone in the car when I came out 30 minutes later. The police were very nice about sending a patrol car. I hope no one was tasered.
It amazes me that a police officer in the fine State of Texas would react in an unprofessional manner and taser a poor old grandmother. I once again call for the secession of Texas from the Union. Let’s make the Governor of Texas happy. Why do so many of these immoral and over the top police reactions happen in Texas?
As a former Taser International shareholder, I had the privilege of attending shareholder meetings at their corporate headquarters. I have even had the privilege of being tasered. (It hurts like hell). But it did not immobilize me, I was able to take the taser away from the person demonstrating it. This raised a few eyebrows.
The Taser was originally designed as a non lethal way of knocking down a dangerous suspect without having to kill him with a sidearm. In theory, it is a brilliant idea. Unfortunately, many police officers have decided that the Taser is really a compliance tool, and have been using it as such. It is a new technology that will require a higher level of sophistication from the officers who are given Tasers to take out on the beat.
This epidemic will not end until there are robust consequences for this sort of action by the police. This will either reach crisis levels or they will taser some powerful legislator. Until then this will rage on and on…
This is about power and control. The Officer was pissed that she wouldn’t sign the ticket, probably tried to bully her into doing so and then decided to arbitrarily punish her. He should be fired because unless she reached for a gun, there were no extenuating circumstances.
The taser has proven an ideal tool for extrajudicial punishment and is now effectively used to coerce and terrorize US citizens. The taser sanitizes this process in the eyes of the general public by appearing to be a modern, defensive weapon which leaves little visible damage on the victim… if she survives the assault.
How different is the abuse and torture of citizens with a taser from the tactics of mutaween religious police who punish violators of Sharia law in places like Afghanistan? While Americans may not need to cower in front of religious vice squads, they increasingly must bow and submit to the whims of the State and its Agents.
Neither are free people.
Can’t you imagine his pride as his courage bubbled to the surface until it overwhelmed him with a sense of righteous duty!
Taser da bastids!
Somehow it seems to be a microcosm for armed-to-the-teeth nations who destroy smaller nations who do not exactly conform.
http://blogdredd.blogspot.com/2009/06/white-house-prophylactics-for-muslims.html
Buddha:
See I told JT. That’s riotous.
Cops should be trained to use tasers only at times when they would otherwise use a gun. Right now, cops think tasering people is more appropriate than hitting, which shouldn’t have been used in this circumstance, either.
And btw, the cop looks like a dickhead who would shock a granny.
I don’t blame the guy, that is one scary looking grandmother.
on account of her lead-foot problem, no doubt…
I have a couple in my family, too.
What mespo points to is not a new phenomena in Europe. Here is the evidence.
http://www.youtube.com/watch?v=Ygy7UDADXDg
Humor aside, McCain had better be glad it wasn’t my grandmother he decided was so dangerous she needed to be shocked into submission for a signature. He’d be seeking medical extraction for his taser. He’d need medical help for the “inserted sideways” problem.
Great grannies are fast becoming a menace on our roadways and a threat to the physical integrity law enforcement everywhere. How dare JT diminish this national crisis. Save the country-report a grannie.
I don’t care if she refused to sign the ticket. What purpose is the taser? I do not believe that it is intended for use under these circumstances. However, if we were in the Third Reicht then the use is authorized for any indiscretion. Sig Heil, Sig Heil, The Mother Land Returns, Sig Heil. These stories are too much to fathom.