Lawsuit: officers responsible for death

A woman is suing the City of Morganton and three Morganton Department of Public Safety officers for the wrongful death of her brother in October 2007.

Pamela Carroll, via her attorney S. Luke Largess of Tin, Fulton, Walker and Owen PLLC of Charlotte, filed a complaint in October regarding the death of Donald Grant Clarke.

Carroll is seeking a jury trial. She is also seeking more than $10,000 in damages, the costs (including attorneys' fees) of the action and an injunction requiring the city to amend their Taser policy and practices for consistency with national standards.

Clarke died from brain injuries he received after his head hit a concrete porch when officers Tased him, concluded a medical examiner's office.

The complaint alleges that Capt. Richard Brendle ordered officer Justin Lerch and Sgt. Charles William Perry to deploy their Tasers at Clarke.

Carroll alleged that the defendants were negligent using their Tasers against Clarke because he had not committed a crime in front of the officers.

The complaint said the officers violated the standards of Taser use set by the International Association of Chiefs of Police, as well as the city's taser policy.

Furthermore, Carroll alleged that the Tasers were used offenisvely rather than defensively on Clarke, who was in an elevated position.

Carroll also claims the actions violate the state consitution and violate the Fourth Amendment, his right to be free from unreasonable seizures.

A disturbance
According to the complaint, Clarke's neighbor called the police on Oct. 13, 2007, complaining that Clarke had threatened him.

When Morganton Public Safety Officer K. Davis arrived at the scene, Clarke was no longer there and had returned home, the complaint continued. The caller did not ask the police to arrest Clarke.

The complaint then details the series of events, as captured by video beginning at 8:49 p.m. from Perry's police car.

Approximately two minutes into the video, Lerch and Perry pulled out their Tasers and aimed them at a spot on Clarke's chest, denoted by a red laser beam.

Clarke repeatedly asked the officers why they were at his home, the complaint said. The officers repeatedly told Clarke to go in his house.

Clarke repeatedly approached his front door but did not enter his house and eventually stepped off the porch.

When Clarke began to head back onto the elevated porch, the officers pursued him, shooting him in the back with their tasers, the complaint said.

According to the police report Davis filed after the incident, Clarke threatened to the officers.

The officers attempted to calm Clarke and to get him inside his house, Davis wrote. When he refused, officers told him he was under arrest for communicating threats and resisting, obstructing and delaying arrest.

Clarke was Tased after continuing to resist arrest, the report said.

The District Attorney's office chose not to press criminal charges after an investigation by the North Carolina State Bureau of Investigation.

Taser policy
The Morganton Department of Public Safety Taser policy is currently under revision due to new recommendations from TASER International, Inc., Maj. Ronnie Rector said.

Rector said the original taser policy was implemented in 2006. The policies of other organizations, including the police department in Phoenix, Ariz., and the International Association of Chiefs of Police were used as guidelines.

The first revision to the policy included modifying terminology and was implemented in June, Rector said. The policy also relies on heavily on case law.

Sgt. Ryan Lander said the current revision is a result of TASER International changing the preferred target zone. Instead of aiming for the chest, TASER recommends aiming lower to affect larger muscle groups.

Both Lander and Rector said a common misconception is that tasers set off a charge of 50,000 volts.

But once the taser barbs hit the body, only 1,200 volts and .0021 milliamps are sent through the body, Rector said.

Lander said the amount of amps are what could negatively affect the body. A single Christmas tree light bulb has more amps than a Taser does in one stun.

The policy states all officers of the department are authorized to use Tasers but must first pass a training course. The officers must retake the course annually.

Officers can deploy Tasers to defend themselves or a third party, the policy outlines. It continues to state the procedures officers should follow before, during and after deploying a taser.

"Officers must be prepared to justify such a deployment through facts and circumstances," the policy states.

Lander said officers deploy their Tasers based on a reasonable standard at the present time, not what is clear in hindsight.

Rector said officers must take assess all circumstances, including the suspect's size and behavior. Suspects in dangerous positions, such as significantly elevated places, should not be Tasered.