STUNNING REVELATIONS

The Untold Story Of Taser-Related Deaths

TASER International Inc. maintains that its stun-guns are "changing
the world and saving lives everyday." There is no question that they
changed Jack Wilson's life. On Aug. 4, in Lafayette, Colo., policemen
on a stakeout approached Jack's son Ryan as he entered a field of a
dozen young marijuana plants. When Ryan took off running, officer
John Harris pursued the 22-year-old for a half-mile and then shot him
once with an X-26 Taser. Ryan fell to the ground and began to
convulse. The officer attempted cardiopulmonary resuscitation, but Ryan died.

According to his family and friends, Ryan was in very good physical
shape. The county coroner found no evidence of alcohol or drugs in
his system and ruled that Ryan's death could be attributed to the
Taser shock, physical exertion from the chase and the fact that one
of his heart arteries was unusually small.

In October, an internal investigation cleared Officer Harris of any
wrongdoing and concluded that he had used appropriate force.

Wilson says that while his son had had brushes with the law as a
juvenile and struggled financially, he was a gentle and sensitive
young man who always looked out for his disabled younger brother's
welfare, and was trying to better his job prospects by becoming a
plumber's apprentice.

"Ryan was not a defiant kid," says his father. "I don't understand
why the cop would chase him for a half-mile, and then 'Tase' him
while he had an elevated heart rate. If [the officer] hadn't done
that, we know that he would still be alive today."

Ryan is one of nearly 200 people who have died in the last five years
after being shot by a Taser stun gun. In June, the U.S. Department of
Justice announced that it would review these deaths.

Over the same period, Taser has developed a near-monopoly in the
market for non-lethal weaponry. Increasingly, law enforcement
officials use such weapons to subdue society's most vulnerable
members: prisoners, drug addicts and the mentally ill, along with
"passive resisters," like the protesters demonstrating against
Florida Governor Jeb Bush's attendance of a Rick Santorum fundraiser
in Pittsburgh on Oct. 9. (See sidebar, "Passive Resisters.")

Taser has built this monopoly through influence peddling, savvy
public relations and by hiring former law enforcement and military
officers--including one-time Homeland Security chief hopeful, Bernard
Kerik. And now that questions are being raised about the safety of
Taser weaponry, the company is fighting back with legal and marketing
campaigns.

Birth Of A Taser

In 1974, a NASA scientist named Jack Cover invented the first stun
gun, which he named the TASER, or "Thomas A. Swift Electric Rifle,"
after Tom Swift, a fictional young inventor who was the hero of a
series of early 20th century adventure novels. Because it relied on
gunpowder, the Bureau of Alcohol, Tobacco and Firearms classified
Tasers as registered firearms.

That changed in the early '90s. According to Taser's corporate
creation story, co-founder Rick Smith became interested in the device
after friends of his "were brutally murdered by an angry motorist."
Smith contacted Cover in the hopes of bringing the Taser as a
self-defense weapon to a larger market. In 1993, with money from
Smith's brother Tom, they created Air Taser Inc., which would later
become Taser International Inc. When Tasers were re-engineered to
work with a nitrogen propellant rather than gunpowder, the weapon was
no longer categorized as a firearm. The Los Angeles County Sheriff's
Department adopted the guns, but they were not widely embraced by
other departments.

Taser's fortunes improved in 1998, after the company embarked on a
new development program, named "Project Stealth." The goal was to
streamline stun gun design and deliver enough voltage to stop
"extremely combative, violent individuals," especially those who
couldn't be controlled by non-lethal chemicals like mace.

Out of Project Stealth, the Advanced Taser was born. When the weapon
premiered in 2000--a model eventually redesigned as the M-26--the
company brought on a cadre of active and retired military and law
enforcement personnel to vouch for the weapon's efficacy. The new
spokespersons ranged from Arizona SWAT members to a former Chief
Instructor of hand-to-hand combat for the U.S. Marine Corps.

Taser began to showcase the Advanced Taser at technology-related
conventions throughout North America and Europe, billing it as a
non-lethal weapon that could take down even the toughest adversary.
Soon to be among those "dangerous" opponents were the protesters
assembling in Philadelphia for the 2000 Republican National Convention.

By the following year, 750 law enforcement agencies had either tested
or deployed the weapon. Today, more than 9,500 law enforcement,
correctional and military agencies in 43 countries use Taser
weaponry. In the past eight years, more than 184,000 Tasers have been
sold to law enforcement agencies, with another 115,000 to citizens in
the 43 states where it is legal to possess a stun gun.

When The Electricity Hits

Taser's stun guns are designed to shoot a maximum of 50,000 volts
into a person's body through two compressed nitrogen-fueled probes,
thereby disrupting the target's electromuscular system. The probes
are connected to the Taser gun by insulated wires, and can deliver
repeat shocks in quick succession. The probes can pierce clothing and
skin from a distance or be directly applied to a person's body--a
process known as "dry stunning"--for an ostensibly
less-incapacitating, cattle-prod effect.

"The impetus for Tasers came from the often community-led search for
'less-than-lethal' police weapons," explains Norm Stamper, former
chief of the Seattle Police Department and author of Breaking Rank.
"[There were] too many questionable or bad police shootings, and cops
saying, correctly, that there are many ambiguous situations where a
moment's hesitation could lead to their own deaths or the death of an
innocent other."

According to Taser's promotional materials, its stun guns are
designed to "temporarily override the nervous system [and take] over
muscular control." People who have experienced the effect of a Taser
typically liken it to a debilitating, full-body seizure, complete
with mental disorientation and loss of control over bodily functions.

Many Taser-associated deaths have been written up by coroners as
being attributable to "excited delirium," a condition that includes
frenzied or aggressive behavior, rapid heart rate and aggravating
factors related to an acute mental state and/or drug-related
psychosis. When such suspects are stunned, especially while already
being held down or hogtied, deaths seem to occur after a period of
"sudden tranquility," as Taser explains in its CD-ROM training
material entitled, "Sudden Custody Death: Who's Right and Who's
Wrong." In that same material, the company warns officers to "try to
minimize the appearance of mishandling suspects."

Taser did not respond to requests for an interview. But its press and
business-related statements have consistently echoed the company's
official position: "TASER devices use proprietary technology to
quickly incapacitate dangerous, combative or high-risk subjects who
pose a risk to law enforcement officers, innocent citizens or
themselves." Another brochure, specifically designed for law
enforcement, clearly states that the X26 has "no after effects."

Ryan Wilson's family can attest otherwise, as can many others.

Casualties And Cruelties

In the span of three months--July, August and September--Wilson's
Taser-related death was only one among several. Larry Noles, 52, died
after being stunned three times on his body (and finally on his neck)
after walking around naked and "behaving erratically." An autopsy
found no drugs or alcohol in his system. Mark L. Lee, 30, was
suffering from an inoperable brain tumor and having a seizure when a
Rochester, N.Y., police officer stunned him. In Cookeville, Ala.,
31-year-old Jason Dockery was stunned because police maintain he was
being combative while on hallucinogenic mushrooms. Family members
believe he was having an aneurysm. And Nickolos Cyrus, a 29-year-old
man diagnosed with paranoid schizophrenia, was shocked 12 times with
a Taser stun gun after a Mukwonago, Wis., police officer caught him
trespassing on a home under construction. An inquest jury has already
ruled that the officer who shot Cyrus--who was delusional and naked
from the waist down when he was stunned--was ! within his rights to
act as he did.

Although the company spins it otherwise, Taser-associated deaths are
definitely on the rise. In 2001, Amnesty International documented
three Taser-associated deaths. The number has steadily increased each
year, peaking at 61 in 2005. So far almost 50 deaths have occurred in
2006, for an approximate total of 200 deaths in the last five years.

Amnesty International and other human rights groups have also drawn
attention to the use of Tasers on captive populations in hospitals,
jails and prisons.

In fact, the first field tests relating to the efficacy of the
"Advanced Taser" model in North America were conducted on
incarcerated men. In December 1999, the weapon was used, with
"success," against a Clackamas County (Ore.) Jail inmate. The
following year, the first-ever Canadian use of an Advanced Taser was
by the Victoria Police, on an inmate in psychiatric lockdown. Since
that time, Taser deployment in jails and prisons has become
increasingly commonplace, raising concerns about violations of 8th
Amendment prohibitions against cruel and unusual punishment.

This summer, the ACLU of Colorado filed a class action suit on behalf
of prisoners in the Garfield County Jail, where jail staff have
allegedly used Tasers and electroshock belts, restraint chairs,
pepper spray and pepperball guns as methods of torture. According to
Mark Silverstein, legal director for ACLU of Colorado, inmates have
told him that Tasers are pulled out and "displayed" by officers on a
daily basis, either as a form of intimidation and threat compliance,
or to shock the inmates for disobeying orders.

A recent report from the ACLU's National Prison Project (NPP),
"Abandoned and Abused: Orleans Parish Prisoners in the Wake of
Hurricane Katrina," concerns the plight of the estimated 6,500 New
Orleans prisoners left to fend for themselves in the days after the
monumental New Orleans flood. The NPP's Tom Jawetz says that the
organization has been looking into abuses at Orleans Parish Prison
(OPP) since 1999, but that the incidents that took place in jails and
prisons in the aftermath of Hurricane Katrina were unprecedented.

Take the case of New Orleans resident Ivy Gisclair. Held at OPP for
unpaid parking tickets, Gisclair was about to be released on his own
recognizance when Hurricane Katrina hit. After languishing with
thousands of other prisoners in a flooded jail, Gisclair was sent to
the Bossier Parish Maximum Security Prison. Once there, Gisclair
apparently had the nerve to inquire about being held past his release
date. Gisclair has testified that he was then restrained and stunned
repeatedly with a Taser, before being thrown, naked and unconscious,
into solitary confinement.

"I can't imagine any justification for that," says Jawetz. "[Prison
guards] were kicking, beating and 'Tasing' him until he lost
consciousness. A line was crossed that should never have been crossed."

In March, Reuben Heath, a handcuffed and subdued Montana inmate, was
shocked while lying prone in his bed. The deputy involved--a one-time
candidate for sheriff--now faces felony charges.

Gisclair and Heath are among the inmates who have survived in-custody
incidents involving the abuse of Tasers. Others haven't been as
fortunate. This year alone, those who have died in custody in the
aftermath of being stunned by Tasers include Arapahoe County Jail
(Colorado) inmate Raul Gallegos-Reyes, 34, who was strapped to a
restraint chair and stunned; Jerry Preyer, 45, who suffered from a
severe mental illness in an Escambia County, Fla., jail and was
shocked twice by a Taser; and Karl Marshall, 32, who died in Kansas
City police custody two hours after he was stunned with PCP and crack
cocaine in his system.

Appropriate Uses

"We are seeing far too many cases where Tasers are not being used for
their intended purposes," says Sheley Secrest, president of NAACP
Seattle. "And many of these cases don't end up getting reported or
properly investigated because people are so humiliated by the experience."

Former U.S. Marshal Matthew Fogg, a long-time SWAT specialist and
vice president of Blacks in Government, says that if stun guns are
going to be used by law enforcement, training on their use should be
extensive, and that the weapons should also be placed high up on what
police officers call the "use-of-force continuum."

Fogg isn't alone in calling for such measures. In October 2005, the
Police Executive Research Forum, an influential police research and
advocacy group, recommended that law enforcement only be allowed to
use Tasers on people aggressively resisting arrest. The organization
also recommended that law enforcement officers needed to step back
and evaluate the condition of suspects after they had been shocked
once. Similar recommendations were included in an April 2005 report
from the International Association of Chiefs of Police. That report
also urged police departments to evaluate whether certain vulnerable
groups--including the mentally ill--should be excluded altogether
from being shot with Tasers.

Although Fogg's organization has called for an outright ban of Tasers
until further research can be conducted, Fogg says that he knows
responsible members of law enforcement are perfectly capable of using
the weapons effectively. Officers who are willing to put their lives
on the line for the sake of the community, he emphasizes, must be
given the tools and training to be able to minimize harm to
themselves and to others.

Fogg, who also serves on the board of Amnesty International USA, says
that too many members of law enforcement seem to be using them as
compliance mechanisms. "It's something along the lines of, 'If I
don't like you, I can torture you,' " he says.

Some law enforcement agencies have already implemented careful use
policies, including the San Francisco Sheriff's Department, which
selectively hands out Tasers to carefully trained deputies. The
department also prohibits use of Tasers on subjects already "under
control." According to Sheriff Michael Hennessey, deputies are not
allowed to use stun guns in response to minor ineffectual threats, as
a form of punishment, or on juveniles or pregnant women. Within the
department, stun guns are purposely set to turn off after five
seconds. Additionally, every use of the weapon in a jail facility
must be videotaped.

"I authorize Tasers to be used on people who are at high risk of
hurting themselves or deputies," Sheriff Hennessey emphasizes.
"Without options like these, the inmate and the deputies are much
more likely to get seriously hurt."

But when stun guns are used on people who don't fit that criteria,
Secrest says, the public should be asking serious questions about the
efficacy of Taser use, particularly because of the emotional trauma
related to Taser-related take-downs.

"When a person comes into our office after they've been [Tased], it's
not as much the physical pain they talk about as much as the
humiliation, the disrespect," she says. "The people [who are stunned
by these guns] talk about not being able to move, and thinking that
they were going to die."

As for actual Taser-associated deaths, Secrest believes that they
should be investigated just as thoroughly as deaths involving
firearms. Instead, Taser injuries and deaths are typically justified
because officers report that the suspect was resisting an arrest.

"That's the magic word: 'resisted,'" says Secrest. "Any kind of
police oversight investigation tends to end right there."

Capitalizing On 9/11

Despite these concerns, Taser International Inc. has thrived. The
9/11 terrorist attacks sent the company's profits soaring. Many
domestic and international airlines--as well a variety of major law
enforcement agencies--were eager to acquire a new arsenal of weapons.
Homeland Security money flooded into both state and federal-level
departments, many of which were gung-ho to acquire a new arsenal of
high-tech gadgets.

In 2002, Taser brought on former New York police commissioner Bernard
Kerik as the company's director. Kerik had attained popularity in the
wake of 9/11 as a law-and-order-minded hero; the company had
seemingly picked one of the best spokespersons imaginable.

With Kerik's help, company's profits grew to $68 million in 2004, up
from just under $7 million in 2001, and stockholders were able to
cash in, including the Smith family, who raked in $91.5 million in
just one fiscal quarter in 2004.

Unbeknownst to most stockholders, however, sales have been helped
along by police officers who have received payments and/or stock
options from Taser to serve as instructors and trainers. (The exact
number of officers on the payroll is unknown because the company
declines to identify active-duty officers who have received stock options.)

The recruitment of law enforcement has been crucial to fostering
market penetration. For instance, Sgt. Jim Halsted of the Chandler,
Ariz., Police Department, joined Taser President Rick Smith in making
a presentation to the Chandler city council in March 2003. He made
the case for arming the entire police patrol squad with M-26 Tasers.
According to the Associated Press, Halsted said, "No deaths are
attributed to the M-26 at all."

The council approved a $193,000 deal later that day.

As it turned out, Halsted was already being rewarded with Taser stock
options as a member of the company's "Master Instructor Board." Two
months after the sale, Halsted became Taser's Southwest regional sales manager.

In addition, Taser has developed a potent gimmick to sell its
futuristic line of weapons. In 2003, Taser premiered the X-26.
According to Taser's promotional materials, the X-26 features an
enhanced dataport to help "save officer's careers from false
allegations" by recording discharge date and time, number and length
and date of discharges, and the optional ability to record the event
with the Taser webcam. The X-26 also boasts a more powerful
incapacitation rating of 105 "Muscular Disruption Units", up from 100
MDU's for the M-26.

The X-26 is apparently far more pleasing to the eye. As Taser
spokesperson Steve Tuttle told a law enforcement trade journal, "It's
a much sexier-looking product."

Lawsuits Jolt Taser

As increasing numbers of police departments obtained Taser stun guns,
the weapons started to be deployed against civilians with greater frequency.

Many of the civilian Taser-associated incidents have resulted in
lawsuits, most of which have either been dismissed or settled out of
court. But there have been a few exceptions.

In late September, Kevin Alexander, 29, was awarded $82,500 to settle
an excessive force federal lawsuit after being shocked 17 times with
a Taser by a New Orleans Parish police officer. The department's
explanation: the shocks were intended to make him cough up drugs he
had allegedly swallowed.

One recently settled Colorado case involved Christopher Nielsen, 37,
who was "acting strangely" and was not responsive to police orders
after he crashed his car. For his disobedience, he was stunned five
times. When it was revealed that Nielsen was suffering from seizures,
the county settled the case for $90,000.

An Akron, Ohio, man also recently accepted a $35,000 city settlement.
One day in May 2005, he had gone into diabetic shock and police found
him slumped over his steering wheel. Two officers proceeded to
physically beat, Mace and Taser him after he did not respond to
orders to get out of the car.

Taser's lack of response to the misuse of the company's weapons is
troubling. The company relentlessly puts a positive spin on Taser
use, most recently with a "The Truth is Undeniable" Web ad campaign,
which contrasts mock courtroom scenes with the fictionalized, violent
antics of civilians that prompt police to stungun them.

The campaign involves print ads, direct mail DVDs and online
commercials that "draw attention to a rampant problem in this
country: false allegations against law enforcement officers,"
according to Steve Ward, Taser's vice president of marketing.

"We're going to win"

The lawsuits have scared off some investors, making Taser's stock
extremely volatile over the years. But press coverage of the company
this past summer largely centered around Taser's "successes" in the
courtroom. In addition to settling a $21.8 million shareholder
lawsuit revolving around allegations that the company had exaggerated
the safety of their product (they admitted no wrongdoing), Taser has
triumphed in more than 20 liability dismissals and judgments in favor
of the company. And the company's finances are on the upswing:
Third-quarter 2006 revenues increased nearly 60 percent.

Regardless, CEO Rick Smith claims his company is target of a
witchhunt. "We're waiting for people to dunk me in water and see if I
float," is how he put it during a March 2005 debate with William
Schulz, the executive director of Amnesty International USA.

Last year, with 40 new lawsuits filed against it, Taser dedicated $7
million in its budget to defending the company's reputation and
"brand equity." The company has also gone on the offense, hiring two
full-time, in-house litigators.

At one point, Taser hinted that it might sue Amnesty International
for taking a critical position regarding Taser-associated injuries
and deaths. In November 2004 Smith announced that the company's legal
team had begun a "comprehensive review of AI's disparaging and
unsupported public statements [to] advise me as to various means to
protect our company's good name."

In one of the company's brashest legal maneuvers to date, Taser sued
Gannett Newspapers for libel in 2005. The lawsuit alleged USA Today
"sensationalized" the power of Taser guns by inaccurately reporting
that the electrical output of the gun was more than 100 times that of
the electric chair. This past January, a judge threw the case out,
saying that the error in the article was not malicious, and that the
story was protected by the First Amendment.

The company remains unwavering and aggressively protective, even as
Taser-associated deaths mount each month. As Smith told the
Associated Press in February, "If you're coming to sue Taser, bring
your game face, strap it on and let's go. We're gonna win."

From Jack Wilson's standpoint, citizens are the real losers. His son
Ryan lost his life in a situation that could have been handled any
number of other ways, and no amount of legal posturing can bring Ryan back.

"I still can't believe my son is gone," he says. "The fact is that
these Tasers can be lethal. No matter how they're categorized, Tasers
shouldn't be treated as toys."

Thanks to the Nation Institute's Investigative Fund for research
support, and to David Burnett for research assistance.