Madera sues Taser maker
City, officer contend poor training for stun device contributed to gun
death.
By Jerry Bier
The Fresno Bee
http://www.fresnobee.com/local/story/7208680p-8136998c.html
(Published Wednesday, July 30, 2003, 5:03 AM)
....
The city of Madera and police officer Marcy Noriega have filed a lawsuit
against Taser International Inc....

Noriega shot Everardo Torres, 24, ...as he sat handcuffed in the back of a
police cruiser following his arrest on suspicion of resisting and delaying
police as they tried to quell a loud party at Madera Villa Apartments on
North Schnoor Avenue.

Noriega told investigators she intended to stun Torres with her Taser
because he had been kicking at the car's window, but she accidentally drew
and fired her service weapon.

The District Attorney's Office concluded that the shooting was accidental;
no criminal charges were filed against Noriega.

The city and Noriega are suing Taser, alleging that similar shootings
occurred in Sacramento in April 2001 and in Rochester, Minn., in September
2002.
....
The lawsuit charges that the company "provided related training and
representations in such a manner so as to cause any reasonable police
officer to mistakenly draw and fire a handgun instead of the Taser device."
....
Torres died from a bullet to the heart and liver that also pierced his right
kidney, an autopsy revealed.

Wow, this is bizarre. On first reading, I assumed it was the taser
that killed him. Kinda have to read all the way to the end, or at
least the middle...

Linda wrote: Madera sues Taser maker City, officer contend poor training for stun device contributed to gun death. By Jerry Bier The Fresno Bee http://www.fresnobee.com/local/story/7208680p-8136998c.html (Published Wednesday, July 30, 2003, 5:03 AM) ... The city of Madera and police officer Marcy Noriega have filed a lawsuit against Taser International Inc.... Noriega shot Everardo Torres, 24, ...as he sat handcuffed in the back of a police cruiser following his arrest on suspicion of resisting and delaying police as they tried to quell a loud party at Madera Villa Apartments on North Schnoor Avenue. Noriega told investigators she intended to stun Torres with her Taser because he had been kicking at the car's window, but she accidentally drew and fired her service weapon. The District Attorney's Office concluded that the shooting was accidental; no criminal charges were filed against Noriega. The city and Noriega are suing Taser, alleging that similar shootings occurred in Sacramento in April 2001 and in Rochester, Minn., in September 2002. ... The lawsuit charges that the company "provided related training and representations in such a manner so as to cause any reasonable police officer to mistakenly draw and fire a handgun instead of the Taser device." ... Torres died from a bullet to the heart and liver that also pierced his right kidney, an autopsy revealed.

Richard wrote: "Linda" <Linda@nospam.com> wrote in message news:bgern5$4vv$1@bob.news.rcn.net...Madera sues Taser makerCity, officer contend poor training for stun device contributed to gundeath.By Jerry BierThe Fresno Beehttp://www.fresnobee.com/local/story/7208680p-8136998c.html(Published Wednesday, July 30, 2003, 5:03 AM)... I hope the surviving family members are suing the holy hell out of the department in civil court for wrongful death. I wasn't aware that a service revolver and a taser were so much alike that a trained officer could not tell the difference. Both items are worn on the belt side by side? Perhaps the displacement of the device on the uniform was not proper to begin with. Perhaps the training method was not to blame, but ignorance of the officer to know the difference between the two items. The officer should be charged with negligent manslaughter at the least.

I'm no gun expert, but I'm finding it hard to believe that a
police officer could draw, aim, and fire a handgun without
realizing what it is. Also that such a person has any business
being a police officer.

> The officer should be charged with negligent manslaughter at the least.

It smells like murder to me, the officer knew what she was doing. I
personally own a .40 S&W auto and there is no way I would confuse it for a
Taser gun...not even if blind folded and under severe stress.

I wonder if the procecutor would believe me if I tried using a paint ball
gun as an excuse to causing someone's death? I think not.

Michael Snyder <msnyder@redhat.com> scribbled in news:bgevoc$j87$1
@stan.redhat.com:
Wow, this is bizarre. On first reading, I assumed it was the taser that killed him. Kinda have to read all the way to the end, or at least the middle...

Another story that is relatively hard to believe. Why is the taser shaped
like a gun? Why was it worn on the same side of the utility belt as the
gun? Why didn't the officer take a peek before pulling the trigger.
Personal resposiblity? Nah, let's sue someone.

--
~~~~~~~~~~~~~~~~~~~
Donna
"I was so much older then; I'm younger than that now."

"Marc DeLuca" <Marc@CompatibleForms.com> wrote in message
news:qXDWa.141397$hV.9189932@twister.austin.rr.com ... The officer should be charged with negligent manslaughter at the least. It smells like murder to me, the officer knew what she was doing. I personally own a .40 S&W auto and there is no way I would confuse it for a Taser gun...not even if blind folded and under severe stress. I wonder if the procecutor would believe me if I tried using a paint ball gun as an excuse to causing someone's death? I think not.

It's called protecting their own. They use any excuse they can not to
prosecute a cop for murder.
If it were any one else, they'd be in jail in seconds.
If an officer of the law can't tell the difference between metal and
plastic, let alone the size and shape, specially in such close quarters, the
officer has no business wearing a uniform.
"Oh ****. I just fired my service revolver. Now what do we do?"
"We'll tell them you were going for the taser and didn't know the
difference."
"Well he's not gonna say anything about it is he?"

"Linda" <Linda@nospam.com> wrote in message
news:bgern5$4vv$1@bob.news.rcn.net... Madera sues Taser maker City, officer contend poor training for stun device contributed to gun death. By Jerry Bier The Fresno Bee http://www.fresnobee.com/local/story/7208680p-8136998c.html (Published Wednesday, July 30, 2003, 5:03 AM) ...

Just out of curiousity, I got to wondering why an officer would mistake a
taser for a service revolver.
http://www.taser.co.za/DutyHolster.jpg
If an officer has a similar style service revolver, and both are side by
side on the belt, I can see where they could easily be mistaken in an
agitated environment.
Not sure what material the casing is made of, but I will assume some type of
industrial plastic rather than metal as used in revolvers.
Even so, an experienced officer should know the difference in the feel of
the two devices.

Having read the article it would appear that the city of "madera villa" is
trying to simply sweep this under the rug and hope it will go away.
But the family made a smart move and hired Mr. Cochran, you know the guy, O
J Simpson case.
The case will be heard in a federal court out of the city's hands.

> Having read the article it would appear that the city of "madera villa" is trying to simply sweep this under the rug and hope it will go away. But the family made a smart move and hired Mr. Cochran, you know the guy, O J Simpson case. The case will be heard in a federal court out of the city's hands.(snip)

Don't count on a criminal case from the feds. Except for really high
profile cases like the Rodney King beating, the FBI winks at this sort
of thing because they depend so heavily on local police for
information and assistance. They are afraid the help and cooperation
would dry up if they alienated the local police force. The only
recourse is a civil suit by the relatives...-Jitney

So, now we have to read B.S. from some California kook news hack?

They should concentrate on getting their state back under financial control,
electing people with common sense to run their government.

Please no more of these totally foolish "civil rights" law suits!
"Linda" <Linda@nospam.com> wrote in message
news:bgern5$4vv$1@bob.news.rcn.net... Madera sues Taser maker City, officer contend poor training for stun device contributed to gun death. By Jerry Bier The Fresno Bee http://www.fresnobee.com/local/story/7208680p-8136998c.html (Published Wednesday, July 30, 2003, 5:03 AM) ... The city of Madera and police officer Marcy Noriega have filed a lawsuit against Taser International Inc.... Noriega shot Everardo Torres, 24, ...as he sat handcuffed in the back of a police cruiser following his arrest on suspicion of resisting and delaying police as they tried to quell a loud party at Madera Villa Apartments on North Schnoor Avenue. Noriega told investigators she intended to stun Torres with her Taser because he had been kicking at the car's window, but she accidentally drew and fired her service weapon. The District Attorney's Office concluded that the shooting was accidental; no criminal charges were filed against Noriega. The city and Noriega are suing Taser, alleging that similar shootings occurred in Sacramento in April 2001 and in Rochester, Minn., in September 2002. ... The lawsuit charges that the company "provided related training and representations in such a manner so as to cause any reasonable police officer to mistakenly draw and fire a handgun instead of the Taser
device." ... Torres died from a bullet to the heart and liver that also pierced his
right kidney, an autopsy revealed.

On Fri, 1 Aug 2003 18:43:59 -0500, "Richard" <anom@anom> wrote:
"Linda" <Linda@nospam.com> wrote in messagenews:bgern5$4vv$1@bob.news.rcn.net... Madera sues Taser maker City, officer contend poor training for stun device contributed to gun death. By Jerry Bier The Fresno Bee http://www.fresnobee.com/local/story/7208680p-8136998c.html (Published Wednesday, July 30, 2003, 5:03 AM) ...I hope the surviving family members are suing the holy hell out of thedepartment in civil court for wrongful death.I wasn't aware that a service revolver and a taser were so much alike that atrained officer could not tell the difference.

You would have to be a total retard to not tell the difference. She
shot the guy and is just trying to cover her ***.

Both items are worn on the belt side by side? Perhaps the displacement ofthe device on the uniform was not proper to begin with.Perhaps the training method was not to blame, but ignorance of the officerto know the difference between the two items.The officer should be charged with negligent manslaughter at the least.

--
HELP. 11 grand kids watching spongebob all day and
night for a week. The song won't leave me alone.
AAARRRGGGHHHH!!!
Who lives in a pineapple under the sea,
SPONGEBOB SQUARE PANTS

On Fri, 01 Aug 2003 17:19:27 -0700, Michael Snyder
<msnyder@redhat.com> wrote:
Richard wrote: "Linda" <Linda@nospam.com> wrote in message news:bgern5$4vv$1@bob.news.rcn.net...Madera sues Taser makerCity, officer contend poor training for stun device contributed to gundeath.By Jerry BierThe Fresno Beehttp://www.fresnobee.com/local/story/7208680p-8136998c.html(Published Wednesday, July 30, 2003, 5:03 AM)... I hope the surviving family members are suing the holy hell out of the department in civil court for wrongful death. I wasn't aware that a service revolver and a taser were so much alike that a trained officer could not tell the difference. Both items are worn on the belt side by side? Perhaps the displacement of the device on the uniform was not proper to begin with. Perhaps the training method was not to blame, but ignorance of the officer to know the difference between the two items. The officer should be charged with negligent manslaughter at the least.I'm no gun expert, but I'm finding it hard to believe that apolice officer could draw, aim, and fire a handgun withoutrealizing what it is. Also that such a person has any businessbeing a police officer.

Affirmative action. Hispanic woman, even not qualified gets hired to
save the crys of racism. Hope liberals are happy.


--
HELP. 11 grand kids watching spongebob all day and
night for a week. The song won't leave me alone.
AAARRRGGGHHHH!!!
Who lives in a pineapple under the sea,
SPONGEBOB SQUARE PANTS

jitney wrote: Don't count on a criminal case from the feds. Except for really high profile cases like the Rodney King beating, the FBI winks at this sort of thing because they depend so heavily on local police for information and assistance. They are afraid the help and cooperation would dry up if they alienated the local police force. The only recourse is a civil suit by the relatives...-Jitney


"They are afraid the help and cooperation would dry up"? We *are*
talking about the same FBI responsible for burning men, women and
children to death. You were right about them winking about this kind of
thing....


Ryan

Richard wrote:
I hope the surviving family members are suing the holy hell out of the department in civil court for wrongful death.



A law suit doesn't even come close to the punishment deserved by these
people.


Ryan

<ScorpionKing@attNOSPAM.net> wrote
.....> >"They are afraid the help and cooperation would dry up"? We *are*talking about the same FBI responsible for burning men, women andchildren to death. You were right about them winking about this kind ofthing.... Ryan, what are you smoking?

Here in Denver, some FBI Special Agents had no reservations about
overlooking crimes by cops- particularly as regards liaisons to the
MultiJurisdictional Domestic Terrorism TaskForce (under JTTF).
It's been absolutely shameful, particularly when one hopes for the
stereotypical Untouchable G-Man.

Chas

<ScorpionKing@attNOSPAM.net> wrote
......> >Here in Denver, some FBI Special Agents had no reservations aboutoverlooking crimes by cops- particularly as regards liaisons to theMultiJurisdictional Domestic Terrorism TaskForce (under JTTF).It's been absolutely shameful, particularly when one hopes for thestereotypical Untouchable G-Man. That's a huge leap from burning women and children.

Only in what they were 'provoked' into doing- they'd'a been comfortable with
it if it escalated to that.
As it was, there were injuries to an old man and a soccer-mom type during
the SWAT assaults based on fantasies and fabrications.
Nothing Efrem Zimbalist, Jr. would have anything to do with.

Chas

Alun Palmer wrote:
Bottom line, no matter how much the police get away with protecting eachother, someone who f***s up that badly should never serve as a police officer for one more minute.



These people have gotten away with so much for so long they believe they
are above the law. This will not change until some of these asshole get
hammered into the ground....

Anony Mouse wrote:
In situations like these, murders should be treated as such and punished accordingly. An to think that one of the big things on Gore's agenda was to produce federal funding for the hiring of 50,000 new police officers throught the country. I have nothing against good police officers but I feel strongly that all murderers (in uniform or not) should be imprisoned.


Granted, it sounds excessive but self defence is self defence. It
doesn't matter if a cop is protecting themselves from a civilian or a
civilian protecting themselves from a cop.

I remember a case where a group of brave offices staged a raid on a
house in California. They handcuffed a teenager (12 or 13 years old)
and had him face down on the floor. One cops shotgun just happened to
discharge - into the back of the face down child. He died instantly.

This is but one of hundreds. These government sponsored perps virtually
walk away from any crime scott free.

"Pete Rey" <Pete_Rey02@earthlink.org> wrote I remember a case where a group of brave offices staged a raid on a house in California. They handcuffed a teenager (12 or 13 years old)

Younger if memory serves; maybe 11 or so; Modesto California.
and had him face down on the floor. One cops shotgun just happened to discharge - into the back of the face down child. He died instantly.

A SWAT Training Sergeant- he said the dog's cold nose startled him and the
weapon went off.
They said he felt really bad about it- as he returned to his job.
This is but one of hundreds. These government sponsored perps virtually walk away from any crime scott free.

It's the pseudomilitary model that police affect for administration- and the
attitude that engenders. Cops investigate their own killings- along with
their bosses, the DA's. It's in nobody's good interests for a cop to be
found guilty of excessive force, much less a killing.
Look at the Ismael Mena killing in Denver- it was the second time Officer
Joe Bini had been caught perjuring the affidavit for warrant of arrest- he
did *two* that same day- Mena and a 70's aged black lady. Luckily they only
killed the undocumented alien and not the old black lady- they'd'a had some
trouble on their hands.
Reports are that they've had to cut 80% of the SWAT usage since- they were
just killing too many people under too questionable circumstances.
Bini's still on the job.
And it's going on again- they just whacked a young retarded girl. This time,
she's black and the race community is coming out to call them to task for
it.

Chas

Chas wrote:
It's the pseudomilitary model that police affect for administration- and the attitude that engenders. Cops investigate their own killings- along with their bosses, the DA's. It's in nobody's good interests for a cop to be found guilty of excessive force, much less a killing. Look at the Ismael Mena killing in Denver- it was the second time Officer Joe Bini had been caught perjuring the affidavit for warrant of arrest- he did *two* that same day- Mena and a 70's aged black lady. Luckily they only killed the undocumented alien and not the old black lady- they'd'a had some trouble on their hands. Reports are that they've had to cut 80% of the SWAT usage since- they were just killing too many people under too questionable circumstances. Bini's still on the job. And it's going on again- they just whacked a young retarded girl. This time, she's black and the race community is coming out to call them to task for it.



Awful screwed up situation for a supposed "free" country huh? Isn't there
supposed to someone or something protecting us from these folks?


Robert