Virginia Police Under Investigation After Video Shows Man Being Tasered For 42 Consecutive Seconds
Published 1, November 14, 2013 Constitutional Law , Criminal law , Society , Torts39 Comments
There is an investigation in Fredericksburg, Virginia after the posting of a YouTube clip show police tasering, Lantz Day, 36, for what appears to be 42 consecutive seconds. On the video below, you can hear what sounds like the taser and Day screaming for them to stop. There is no reason that I can see why the tasering continued after Day was down and surrounding by officers, which leads to the concern that officers were punishing him for attempting to run. He was unarmed and under suspicion of property damage.The incident began when a car damaged five parked vehicles as it sped through the downtown area. The driver fled and Day was a passenger in the car. According to police, when people tried to hold Day, he threatened anyone who called for help.
When Day tried to flee officers, he was tasered. He was later arrested not for the property damage but obstruction of justice.
Police are still looking for his accomplice.
I can certainly understand the desire to charge Day if he was in the car and made threats against citizens about calling police. I am surprised the charge is not criminal property damage, which is a felony over $1000. Obstruction however includes threats to witnesses:
§ 18.2-460. Obstructing justice; penalty.A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555, he shall be guilty of a Class 1 misdemeanor.B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or an animal control officer employed pursuant to § 3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.C. If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a) (3), (b) or (c) of § 18.2-248.1, or § 18.2-46.2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 felony.
It is notable that the reports do not say that the car was stolen, which would mean that police could trace its owner. Yet, there is now a viable civil liability option for Day to sue for excessive force. I do not seen a threat to the officers to justify such a prolonged tasering. Notably, police departments have moved totasers that limit discharges to five seconds to prevent excessive force. Manufacturers also refer to a five second limit on police tasers. The United Nations considers the use of tasers to be a method of torture. We are seeing more and more of lawsuits over the unwarranted or excessive use of tasers like the recent case in Glendale. This seems destined for such a lawsuit.
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