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.