Pubdate: Wed, 19 Apr 2006
Source: News-Examiner, The (Gallatin, TN)
Copyright: 2006 The News Examiner
Contact:  http://www.gallatinnewsexaminer.com/
Details: http://www.mapinc.org/media/2711
Author: Christian Bottorff

VIDEO BOOSTS TASER LAWSUIT, ATTORNEY SAYS

Police Responded 'Sloppily'

Police officers and paramedics failed to act with urgency when they 
responded to the scene of an uncooperative man who was shocked 
repeatedly with Taser stun guns and later died, a lawyer representing 
the dead man's family said yesterday after viewing a video of the incident.

The surveillance video, made public by police yesterday, captured the 
parking lot outside of the downtown nightclub Mercy Lounge, where 
Patrick Lee was restrained by police officers after being thrown out 
of the business for bizarre behavior in September.

Lee, 21, was shocked up to 19 times with Tasers and died two days 
later of a condition known as excited delirium. Marijuana and LSD 
were found in his system.

Nashville attorney Tommy Overton, who is representing Lee's family in 
a civil lawsuit, said the video shows that police officers and fire 
personnel responded sloppily to what became a deadly medical emergency.

"From looking at the video for the first time, it looks more like a 
social event than trying to arrest somebody who was naked and 
unarmed," Overton said. "I look forward to allowing a jury of 
everyday citizens of this district to see what I consider is a 
disregard for human life."

Metro police yesterday would not respond to Overton's statements and 
said that the department's Office of Professional Accountability is 
actively investigating whether officers followed policies and procedures.

"Mr. Overton filed a civil lawsuit on behalf of the family," Metro 
police spokesman Don Aaron said. "He is zealously representing them 
as their advocate. I think it's best that I don't engage in a debate 
with him over the lawsuit."

In recent weeks, the Davidson County grand jury issued a report on 
Lee's death, in part, based on their review of the video. The grand 
jurors found that while police did not violate any criminal laws, 
some believed the use of force wasn't necessary.

"A few jurors felt that the suspect's behavior did not warrant the 
number of officers on the scene and the repeated use of the Taser, 
especially when not achieving the desired result," the grand jury 
report states.

Lee had been kicked out of Mercy Lounge twice on the night of Sept. 
22 before police were called. Mercy Lounge employees told officers 
that Lee was "acting strangely inside and kept on trying to get onto 
the stage of the lounge," Aaron said in a news conference after the incident.

One officer said Lee told him his name was "Blue" and approached the 
officer, according to a press release. The officer said he told Lee 
to "keep his distance."

The officer said Lee was acting aggressively, removed his shirt and 
ran 40-50 yards, prompting police to use pepper spray. Officers later 
used batons and the Tasers.

The video shows Lee stripping naked, and wildly running away from 
officers. Police at the time said Lee was sweaty, making it difficult 
for the officers to control him.

Officer Jonathan Mays and Jamie Scruggs responded and shot Lee with 
their Tasers. The use of the Tasers occurs far from the camera in a 
darkened corner and cannot be discerned on the video.

Part of the internal affairs investigation will center on whether the 
officers adhered to warnings from the Taser manufacturer, cautioning 
that repeated and prolonged shocks from the devices could be fatal, 
particularly to subjects under the influence of drugs.

A hearing in the civil case is scheduled for May 1, Overton said.
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MAP posted-by: Beth Wehrman