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Texas Medical Examiner Rules Young Man's Taser Death by Police a Homicide
FORT WORTH, Texas - The Tarrant County medical examiner ruled Thursday that the death of a mentally ill man in April who was shocked twice by a Taser stun gun wielded by a Fort Worth police officer was a homicide.
A vigil was held for Michael Jacobs Jr. on April 21, a few days after his death in east Fort Worth. The Tarrant County medical examiner ruled Thursday that the death of the mentally ill man who was shocked twice by a Taser stun gun wielded by a Fort Worth police officer was a homicide. STAR-TELEGRAM/KELLEY CHINN It was the fourth time that a person shocked by a Taser has died in Fort Worth police custody since the department started using the devices in 2001, according to the Police Department.
But the death of Michael Patrick Jacobs Jr., 24, is the first that Medical Examiner Nizam Peerwani has ruled to be a homicide.
Jacobs was pronounced dead about noon April 18, an hour after he was hit by the Taser. His parents had called 911 because he was causing a disturbance at their east Fort Worth home, police have reported.
According to Peerwani's report, an officer shot Jacobs twice with the Taser, once for 49 seconds and another time for five seconds. An autopsy found no drugs, no system abnormalities and no electrolyte imbalances in Jacobs' body, Peerwani wrote.
Jacobs died of "sudden death during neuromuscular incapacitation due to application" of the Taser, Peerwani wrote.
Tasers deliver a 50,000-volt shock that can temporarily immobilize a person.
Fort Worth police have not identified any of the officers present.
Police Chief Jeff Halstead said that with the release of Peerwani's ruling, the department can complete an internal investigation. That report will be turned over to the Tarrant County district attorney's office in anticipation of a grand jury review, Halstead said.
District Attorney Joe Shannon said his office will review reports from police and Peerwani and present a case to a grand jury to determine what, if any, charge the officer might face. The grand jury likely will also hear testimony from witnesses.
Shannon emphasized that the homicide ruling does not necessarily mean that anyone will be charged with a crime.
"The word homicide does not mean crime," he said. "It just means that the death involved another person."
Charges involving death typically range from criminally negligent homicide to murder, but there are many other possibilities, Shannon said.
"There are probably 20 possibilities that could come out of this," Shannon said. "I don't know if it will be any."
Extending condolences
At a hastily called news conference late Thursday afternoon, Halstead said: "First and foremost we wanted to extend our condolences to the family of Michael Jacobs. We know that this has been a very long road for them."
Since Fort Worth police began using Tasers in 2001, officers have discharged the weapon in 1,360 cases, Halstead said. Of those, four people died. In three cases, Peerwani ruled that the deaths were accidental and listed cocaine intoxication as the cause of death. Jacobs' was the first homicide.
Nationwide, several Taser-related deaths have been ruled homicides since the first ruling in Chicago in 2005. In Texas, medical examiners ruled homicides in a Waco case in 2005 and a San Antonio case in 2007.
The Rev. Kyev Tatum, president of the newly formed Fort Worth chapter of the Southern Christian Leadership Conference, a civil-rights group, issued a statement late Thursday supporting the medical examiner's ruling. His group is seeking a federal investigation, he said.
"Mr. Jacobs did not have to die and no parent should have to experience the death of a child at the hands of the very officials who have sworn to protect and serve them and the entire community," he wrote in the statement. "Justice should be color blind and social class should not play a role in administering it."
A news conference has been called for noon today at the Jacobs home to "outline our next steps to pursuing justice in this case," the statement said.
Defibrillator difficulties
Family members have said that Jacobs was schizophrenic and had bipolar disorder.
When officers arrived at the Jacobs home that morning, Jacobs would not cooperate with them, and one officer shot him with a Taser when he became combative, police have said. Jacobs fell down face first and was handcuffed. Officers turned him over when he began having trouble breathing and later became unresponsive, according to Peerwani's report.
Paramedics tried unsuccessfully to revive him, according to Peerwani's report.
A MedStar official has said that police initially turned paramedics away but later called them back. The officers had not begun cardiopulmonary resuscitation on Jacobs, according to paramedics.
According to documents obtained by the Star-Telegram, a MedStar paramedic had reported that a defibrillator in the ambulance apparently did not work when paramedics were trying to revive Jacobs. But a MedStar official said that the machine was operational and that the monitor did not register a reading because Jacobs' heart had stopped and because cellphone and radio transmissions at the scene could have interfered with the monitor.
Although law enforcement agencies say Tasers are safe, critics have contended that a Taser can be as deadly as a gun.
Taser International stands by its product as a safe alternative.
"Taser International is always concerned when a death tragically occurs in police custody. While we have not been provided a copy of the medical examiner's report, we continue to stand by the safety of our Taser technology," said Steve Tuttle, Taser International's vice president of communications.
Fort Worth city officials, including the mayor, issued statements Thursday afternoon regarding the incident.
"No matter how it happened, the fact is that the Jacobs family has suffered a tragic loss, and we continue to keep them in our prayers," Mayor Mike Moncrief said in a statement. "Our thoughts are also with our officers who responded to the call for help. I know our Police Department uses some of the most state-of-the-art training and equipment. They work hard to partner with organizations, like MHMR, to ensure their service to the community is both progressive and proactive."
Councilman Frank Moss, who represents the district where the Jacobs family lives, said, "This community will count on [Chief Halstead] to make the adjustments necessary to ensure this doesn't happen in the future."
Staff writers Alex Branch, Martha Deller and Mike Lee contributed to this report.

31 Comments so far
Show All"The word homicide does not mean crime," he said. "It just means that the death involved another person."
The police would never wrongfully convict, kill or harm another human being. After all they're police, by default they're the good guys and if you can't trust them who can you trust.
/sarcasm off
The police are out of control. And it wasn't the cocaine that killed the other three Ft Worth victims...Just a convenient excuse.
"Tasers are safe" ... "The check is in the mail" ... "Teflon is totally safe and will not contaminate the food you cook" ... "We know Saddam has weapons of mass destruction" ... Who are you gonna believe? Me or your lying eyes?
electricity simplifies so many of daily life's little challenges...in this case, the control or disruption of another's physical musculature...
in this case, the same, but mental processes...
http://www.earthpulse.com/epulseuploads/articles/MindControlHumanRights.pdf
Whatever happened to pepper spray, the police truncheon, or the good old fight training they get? Must they rely on something that "shoots"?
Re zmann August 28th, 2009 1:13 pm
We've become enamored of the standoff weapon (see yesterday's article on drone platforms). Maybe it's easier to recruit if you can advertise zero chance of actual contact with "enemies."
Also, if you don't have to come in physical contact with people declared an "enemy", there is little chance of discovering that he is another human like yourself.
Excellent points from the above comments. A inhuman detachment from the 'civilian' world must be maintained at all costs so there will be no hesitation in following orders. It works the same way in the Army as I found out first hand.
We should all be very very afraid of tasers. Talk about control...the Nazis would have LOVED them.
Surely, a tazer is not a complex electronic device. Any electronic hobbyest should be able to build one with simple electronic supply house componenets.
Maybe we should make some of our own so we can give the cops a taste of their own medicine.
For most law enforcement departments, if not all, officers are tased as part of their training.
True, but that training is something they're prepared for. Like going thru the gas hut during basic, you know what's coming so you're going to be better prepared for it. Part of the thing that most people who get tazed don't have is the knowledge of what's really coming. That and they're usually tazed for a longer period of time than the cops get during their training with the device. Do you really think the cop who tazed the kid was zapped for 49 seconds, or do you think he got a small shock lasting maybe 5???
Tazing is torture. There is no other word for it, it punishes you for disobedience and it lets the cop go on a powertrip. The cop doesn't have to use any negotiation, they don't have to try to talk down a suspect; one zap and problem solved (sometimes permanently).
They should be banned.
Many urban police forces are just legalized street gangs.
Suburban police are often not much better. I could go on and on with the experiences of just my own family, but it makes me too upset to even write it.
These stories about tasers are among the worst. People dying after they've already been cuffed. Kids tasered to death for underage drinking.
Too few people see the problem until it happens to them or someone they know. Most Americans just do not want to believe that anyone in a uniform is capable of doing something wrong, or more accurately that those things are standard protocol. When I wrote to a local progressive leader asking what could be done about that famous University of Florida taser case a few years ago, he told me "Nothing. They've written this into their standard police protocols, so technically they did nothing against the police manual." That truly disturbed me.
I wish the families involved in these tragedies would start a group so these don't remain isolated incidents. It is a national problem.
"I wish the families involved in these tragedies would start a group so these don't remain isolated incidents. It is a national problem."
Maybe you should start it and start reaching out to others who have suffered like you. It might even prove to be very therapeutic...but don't quote me on that, I haven't taken a single psych class.
Agreed. We're hiring thugs and sociopaths ON PURPOSE now (the smart ones get kicked out after the test). As we go further into fascism, one needs a non-thinking, non empathetic (ooh, another dirty word) order-following psycho killer to keep the proles in line. And that's just the people they're hiring.
The police officer's only job in this country is to protect that status quo while doing the bidding of the government entity that signs their checks.
And, while I hate to bring the issue of race up again, it is VERY pertinent to the discussion. The overwhelming support for anything the police do comes from our white population who have been condition to think of the police as 'the thin blue line,' that protects them from marauding colored people. The amazing thing is when one of these upstanding citizens looks at a cop the wrong way and gets brutalized how their minds literally burn up at the cognitive dissonance. Most of the time, they're so cowed by the authority model, they blame themselves and reinforce their own prejudices. These people can never admit that the 'hippies' are right about this. It would destroy their lifetime worldview.
"According to Peerwani's report, an officer shot Jacobs twice with the Taser, once for 49 seconds and another time for five seconds."
FORTY NINE SECONDS
If it was a revolver, that's enough time to fire all chambers, reload, and do it all over again. The fellow might still be alive if the officer fired a round into his leg.
I've noticed, though, that the cops are going to the torso for kill shots even when confronted by someone without a firearm . Seems the police are too pumped up on adrenaline to act responsibly.
Terran
I noticed that too: 49 seconds.
if you've ever watch video of someone hit with a taser, they are on the ground in under a second. after a few seconds they've likely shit and pissed themselves. the remaining 40-plus seconds was "F*ckyou, I'll make you pay,retard. how do you like that motherf*cker. flop like a fish motherf*cker! flop like a fish! who's the man now? I'm the man motherf*cker!"
then he hit him again for good measure.
of course the defibrilator didn't work. he was already dead.
http://www.elpasotimes.com/
news/ci_13174085
Recent shooting in El Paso:
EL PASO -- Two plainclothes officers shot and killed a man after he allegedly threatened them with a knife Thursday, a police spokesman said.
Officers Martin Cordova and John Schneider, both seven-year members of the department, noticed Guerrero acting suspicious and allegedly carrying two knives in front of the Amigo Market at 3334 Fort, Mears said.
As the officers approached him and identified themselves, Guerrero ran a short distance, stopped and allegedly threatened the officers with a knife, Mears said.
"Officers had no other choice than to use deadly force" he said. "Any time an officer observes a person who is threatening anybody with serious bodily injury or death ... that officer is justified in using deadly force."
She said her husband told her Javier Guerrero stayed in the truck while he walked into the store. While he was in the store, he heard two gunshots followed by three more gunshots, she said.
************
If you just shoot them in the foot they come back and sue, so make sure they are dead! That seems to be the consensus.
Did anyone else notice the rhetorical slight of hand in the police spokesman's comment? An "officer is justified in using deadly force" morphed into "officers had no other choice than to use deadly force." Being justified and having no other choice are far from being synonymous. And I always wonder when a human being says they had no other choice. Really? Or just not another easy, consequence-free choice?
In Texas, my bet is that the medical examiner will be run out of town and smeared and the murdering cop(s) will get commendation plaques for meritorious service.
Poet
the only thing different between this and Guantanamo is that in Guantanamo they take thumbs-up, smiling pictures of themselves during the 49 seconds the victim is flopping around in agony...perhaps the cops take high-5 pictures, too, we just haven't seen them...
voiceover: "here's Big John giving it to a 74-year-old trouble-making bitch in a parking lot after a routine traffic stop...37 seconds...right on, Big John! She shouldn't have dissed you, man...bet Gramma will keep her mouth shut next time..."
An extra-judicial execution is more like it.
Here's another: Aug 27, 2009 13:07 EST (AP)
The Los Angeles County Sheriff's Department says a man has died after a deputy shocked him three times with an electric stun gun at a subway station.
We can't rely on trained government law enforcement officers to control a suspect properly, but we trust politicians and bureaucrats to control our entire medical services industry?
Someone must be smoking dope!
You really are quite dimm there, walt. We don't want the azzwhole government to control the medical services industry, we want them to PAY for it since it is OUR tax money.
I'm not quite dimm enough that I can't figure out that the one with the money in hand has the control. It doesn't matter that the imperial federal government has confiscated my money to pay for your doctor's visit. The government still gets to decide how, when, and to whom that money is paid. That's control, plain and simple.
btw, adolescent personal insults are unseemly and unproductive and rude.
Funny, if I had a morsel to share and we were both starving, I would share it. No one deserves to be sick. I would help anyone I could any way I could. Your "I've got mine so f**k you" attitude is what makes the USA such a cesspool, with people like you being the "floaters." You may not be "dimm" but you ARE fetid. The rest of the world hates us for people just like you. Your greed shames us all.
Sorry Ace. If you like, I could have just as easily said "It doesn't matter that the imperial federal government has confiscated YOUR money to pay for MY doctor's visit. The government still gets to decide how, when, and to whom that money is paid. That's control, plain and simple."
My point is not whether I help pay for others' medical expenses (I do that already). It is my complete lack of trust in anything run by power-hungry government (or corporate) drones. It's being in the position of a subject that bothers me.
kegbot, below, lists some other stupid things our govt does with the money that used to be ours.
I don't mind the concept of cooperative health care; I just want to be able to talk to the person making the decisions face-to-face, like two worthy humans making an agreement. If you want good food, go to a local farm and meet the grower. Same for health care.
Yeah and I really hate it when my government confiscates my money for:
The war machine which does us so little credit around the world,
Corporate welfare (and not just the bailouts that BUSH started,
Siccing the drug warriors and the insane drug laws on medical marijuana users
And so on. Most of the loudest voices screaming about the government taking their money are not only enthusiastically for the confiscation of their tax dollars if it is used for for those things above.
And let's be honest about how much racism plays into this whole issue. If 'socialized medicine' (ooh, hide the children) could, theoretically, be offered to WHITES ONLY it would have been law in about 3 minutes.
But then again, taxes are what we pay for a civilized society. Except that ours becomes less civilized every day.
I would trust the government any day with my health care before I would trust my current provider, United Health Care. At least with government, you can sic your Congressman on the bureaucracy. With the health insurer, you really have no inexpensive recourse at all.
Our society becomes less civilized every day because we ignore our personal responsibility to help our neighbor, support our community, and provide for those who cannot provide for themselves. By turning that responsibility over to an impersonal, imperial government, it lessens the effectiveness of our charity, serves to separate us from each other, magnifies differences between the "haves" and "have-nots", and breeds the racial and class tensions that plague our society. The answer is not another "program". Each of us must get off our couch, put out our hand, and help someone!
The problem with trusting UHC, Blue Cross, or the government is not the corporate greed, but the dehumanizing of us as users of health care. The folks that do the serving (doctors & hospitals), the paying (insurance or govt), and the being sick need to be closer together and deal with each other as human beings. How can you trust someone you can't ever talk to? Why should I have to "sic my Congressman" on the bureaucracy? Why can't I just work it out with PEOPLE?
Legalized killers get a god-ego strapping a killing machine to their body.