FORT WORTH, TEXAS - The city of Fort Worth is offering $2 million to the family of a mentally ill man who died after being shocked by a Taser, even though the police officer involved has been cleared of wrongdoing.That's some expensive police work.
Michael Patrick Jacobs, 24, died last year after being shocked for 54 seconds. The Tarrant County medical examiner's office ruled his death a homicide due to "application of conducted energy device." ...
In an effort to gain control, Cpl. Stephanie A. Phillips then shocked Jacobs twice with a city-issued Taser X26 Electronic Control Device, officials said. The first shock last for 49 seconds.
The second time for five seconds.
"The entire time I was yelling, 'You're killing my son; you're killing my son,'" his mother Charlotte Jacobs said.
The police officer who tased Jacobs, Stephanie Phillips, did not receive any discipline from the Fort Worth Police Department.
Fort Worth Police Chief Jeffery Halstead has defended Taser use, saying police shootings have dropped 30 percent in the eight years the city has used Tasers.
"The use of these devices provided a safer environment for officers dealing with possible violent situations," Halstead said last year.
The Jacobs family said this situation wasn't a violent one, and officers did not need to resort to using a Taser.
The $2 million offer could open up flood gates for other police tasing incidents. But the city of Fort Worth has not admitted liability in the case.
Friday, May 14, 2010
$2e6 in Fort Worth
Thursday, April 01, 2010
Still Crazy
Indiana police say two officers have been placed on administrative suspension after they used a stun gun on an unruly child at a home day care.
A news release from the mayor's office and the Martinsville Police Department said the officers responded to reports of a 10-year-old who was out of control at Tender Teddies Day Care Tuesday night, reports WRTV in Indianapolis. ...The department says that when the officers arrived the boy was out of control, hitting and kicking and refusing to listen to them.
The department says the officers used a stun gun and slapped the boy to subdue him.
The chief said the boy cried after being shocked on Tuesday but is now fine, WRTV reports.
Martinsville Police Chief Jon Davis said Thursday that he believes two of his officers could have avoided using the stun gun on the 94-pound boy.
Wednesday, December 02, 2009
Witness To A Tasing
Police say while they were trying to put Buckner in the van, he got combative with Erlanger and Hamilton County corrections officers. They wound up shocking him with a Taser. Once they subdued him, officers then loaded the 53-year-old into the van.An account from an eyewitness, of course, differs from police claims that Buckner was combative:But when they got to Moccasin Bend, Buckner was unresponsive. Officers drove him back to Erlanger. He was pronounced dead.
"Y'all have to show me a camera, show my husband standing up there fighting with them before I believe them," Buckner says, fighting back tears.
His wife and children say at the time of the incident, Buckner was in a wheelchair, weak from weight loss and dehydration. They say they were told by Erlanger staff he'd fallen out of the wheelchair and onto the ground. And they say Erlanger administrators told them officers shocked him with the Taser three times, all while he was still on the ground. ...
Chattanooga police are now questioning the Erlanger and Hamilton County corrections officers involved in the incident. A department spokesperson says they'll be looking into how many times Buckner was shocked with the Taser and if it caused his death.
The investigation hinges on the medical examiner's autopsy which, as of Monday evening, was not yet complete.
Alice Buckner is hoping that report will give her family the answers they need.
"There was no cause for three Tasers," Buckner cries. "I wanna know why you had to do that three times to my husband. And him already sick and weak and coming out of that hospital like that?"
When do we stop paying law enforcement to tase us into submission and then lie about it?A witness has come forward in the case of the man who died after Erlanger officers shocked him with a Taser. ...
The witness tells us she was at the hospital that day, waiting on family member who was receiving treatment, when she saw a man being escorted out of the west wing door by a man and a woman.
The witness says she saw Buckner fall to his knees and the woman holding him began asking him, why are you doing this? The witness says Buckner appeared weak, as though he was having trouble standing.
While Buckner was on the ground, staff brought out a wheelchair, but the witness says they couldn't lift Buckner into the chair. That's when Erlanger Police came out.
The witness took a picture showing what happened next. You can see a man on the ground, surrounded by hospital staff and uniformed officers.
The witness says one of those officers put her fist into Buckner's chest, and he began screaming in pain. Then she says the officer grabbed Buckner by the back of the head and told him to get up. The woman says Buckner rolled over, onto his stomach and when he didn't get off the ground, the witness says, that's when another officer pulled out his Taser. She says the male officer shocked him three times with the Taser. She says he was on the ground the entire time.
Erlanger officers told detectives handling the case that Buckner he got combative. The witness, who says she was there when the van originally pulled up and also says she stayed for the entire incident responds: "I never saw that. Never. At no point." She says she also never saw him struggle, fight or even yell at anyone at anytime.
"The only thing I heard him say was 'Aaaah' when she was putting her fist in his chest," the witness says.
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Labels: civil rights, tasers
Sunday, October 18, 2009
More Post-Tasing Death
San Bernardino police say a 19-year-old man has died after officers used a Taser to subdue him at a board-and-care facility.And note that three news sources list the location where this occurred as a mental health facility.The department says in a news release the man died at a hospital early Saturday.
The release says the officers had been summoned to the facility to investigate a fight involving three people late Friday night.
The release says officers separated the trio but "one of the subjects became combative and a Taser was depolyed to control him."
The man was having trouble breathing, and police called paramedics. He was pronounced dead at a hospital about an hour later.
The man's name and cause of death have not been released.
One:
Two:A 19-year-old man died late Friday after San Bernardino city police used a Taser on him at a residential mental health facility, authorities said.
Police were called to Orchid Court, 307 S. Arrowhead Ave. around 11:30 p.m. regarding a fight involving three subjects, according to a police statement.
Officers separated the three, but one of them became combative and a Taser was used, police said.
Officers called paramedics to treat the unidentified man. Paramedics started to examine the man, who had stopped breathing, police said.
The man was taken to a St. Bernardine Medical Center where he was pronounced dead, according to the San Bernardino County coroner's office.
A 19-year-old youth collapsed after being hit with an electric jolt. The incident occurred at Orchid Court, a half-way house for mentally-challenged men.Three:
Police said the youth was wearing a gas mask and appeared agitated at the scene of a reported stabbing. Officers tried to subdue him with the Taser weapon. He became unresponsive and could not be revived at St. Bernardine’s Medical Center.
A 19-year-old man died late Friday after San Bernardino city police used a Taser on him at a residential mental health facility, authorities said.
Police were called to Orchid Court, 307 S. Arrowhead Ave., around 11:30 p.m. regarding a fight involving three people, according to a news release.
Officers separated the three, but one of them became combative and was "tased," police said.
Following standard procedure, officers called paramedics to treat the unidentified man. Paramedics started to examine the man, who stopped breathing, police said.
The man was taken to a St. Bernardine Medical Center where he was pronounced dead, according to the San Bernardino County coroner's office. An autopsy is pending to determine the cause of death.
Friday's fatality occurred at a residential mental health center listed as one of the partners of the county's Office of Behavioral Health. Orchid Court is a state-licensed assisted living facility. ...
San Bernardino officers are not instructed to use Tasers any differently on people suspected of mental illness or drug use, Lt. Gwendolyn Waters said.
It looks as if police have implemented another post-tasing death of a mentally ill person.
Monday, September 21, 2009
So Brave
MERCED -- The Merced Police Department's Internal Affairs Division is investigating a complaint alleging that an officer twice used a Taser against an unarmed man with no legs in a wheelchair.Gregory Williams, 40, a double-leg amputee, spent six days in jail on suspicion of domestic violence and resisting arrest after the Sept. 11 incident. Merced County District Attorney Larry Morse II said there wasn't enough evidence to file charges, however.
Williams, who was released from jail Friday, said he was violently manhandled and Tasered by police, even though he claims he never was physically aggressive toward the officers or resisted arrest.
Williams says he was publicly humiliated after his pants fell down during the incident. The officers allegedly left him outdoors in daylight, handcuffed on the pavement, nude below the waist. Williams said the arrest also left him with an injured shoulder, limiting his mobility in his wheelchair.
A handful of residents who live in Williams' apartment complex say they witnessed the incident and support Williams' charges. A short video clip, shot by a neighbor, shows Williams sitting on the pavement with his pants down, his hands cuffed behind his back.
Eddie Blaylock, a 38-year-old resident of the apartment complex, said he took notice after seeing "two cops trying to handcuff a guy in a wheelchair."
After seeing an officer pull out his Taser, Blaylock said he yelled, "Hey, you can't do that!" One of the officers threatened to Taser Blaylock if he "didn't step back," he said. Blaylock said he never saw Williams resist arrest or become violent.
And from another source:
And although the two lead arresting officers are white, and Williams is black, it remains unknown whether race was a factor in the incident. Those two officers remain on duty.
Monday, September 07, 2009
More Death
AURORA - The fugitive arrested by police officers on Sept. 3 after a struggle that included two shots from a taser, has died.Do running from the cops and resisting arrest justify a randomly dispensed death sentence? That's the question that post-tasing deaths offer us.Aurora Police say Shane Ledbetter had run from officers last Thursday after providing false information about his identity. Police say Ledbetter violently resisted when they caught up with him and attempted to arrest him.
Police say that is when one officer used his taser to subdue and handcuff him near Mission Viejo Park.
Officers say Ledbetter then became unresponsive and they began CPR. Ledbetter was taken to a local hospital where he died on Sunday.
Wednesday, September 02, 2009
A Shocking Realization
HOLYOKE - Equipping officers with Taser electric-shock guns is unnecessary because Holyoke police already are well-equipped and trained, Police Chief Anthony R. Scott said.Also, said Scott, responding on Monday to a request from the City Council that he look into Tasers, such devices can be troublesome in terms of costly lawsuits filed against municipalities that use them."I am not ready to see an individual on the six o'clock news bouncing around on the ground like a basketball with 50,000 volts of electricity being pumped into their body," Scott said, in a memo to council President Joseph M. McGiverin.Scott, who said he has more than 43 years in law enforcement, said police have sufficient tools. Academy training includes "verbal judo," which consists of spoken persuasion to get a suspect to comply, and physical compliance techniques, he said.
Oh wait! Look at this. Another law enforcement officer who doesn't love tasers:
But not all local cops love them. "I'm just not sold on them yet as far as being a useful tool," Edgerton Police Chief Tom Klubertanz says.
Edgerton, which sits on the Dane and Rock county line has no plans to issue Tasers to officers. Cross Plains stands alone in Dane County in not issuing Tasers to its officers; its chief says they're too expensive.
Klubertanz simply doesn't like them. "Are they being overused by some departments because they have it?" he asks. "Do they get a thrill out of watching (suspects) get electrocuted? I don't know."
Some say that officers are trained to trivialize the extreme pain Tasers inflict, and Madison police videos of Taser incidents display what could be construed as a cavalier attitude toward their use.
Those paragraphs are from an article about tasers becoming the tool of choice for cops in Madison, WI. There, tasers are unabashedly and frequently used as compliance tools. The false pretense of tasers-replace-guns has been fully dropped.
Monday, August 31, 2009
Based On His Training
The video shows the officer stunning Harmon with two Taser shots. Harmon was charged with disorderly conduct, resisting arrest and driving 50 mph in a 45 mph zone. The charges were dismissed, and Harmon sued the sheriff's department in early August.
In his e-mail, Andrews writes that he stopped Harmon because it appeared that she was talking on her cell phone and appeared to be speeding. He said he decided to use the Taser based on his training because Harmon defied his orders and because he couldn't see her hands at certain points during the stop.
He also wrote that he was concerned that she would drive off if he didn't use the Taser on her, and that he would "have a vehicle pursuit with two kids in the car."
His direct supervisor supported the decision, Andrews wrote, and even sent a memo to administrators saying Andrews had not violated the department's policies on use of force or Tasers.
This is apparently inline with this departments use of force policy:
Tuesday, August 18, 2009
Policeman: I Can Use Whatever Force I Want
[from the AMA report] p. 3—Police officers are legally and morally required to use the lowest level of force necessary to control a situation and to deescalate at the earliest opportunity.
[from this author] REBUTTAL: That passage misstates the law of the land. The United States Supreme Court’s landmark ruling 20 years ago established that the test of legitimacy of a police use of force is whether the force used was “objectively reasonable” under the 4th Amendment to the Constitution of the United States (see Graham v. Connor, 490 U.S. 386, 109 S. Ct. 1865). Officers are provided great latitude in what force options are appropriate to use to attempt to overcome resistance in a given situation, and they are not required to use the lowest level of force.
Yep, tasing people for running, for already being in handcuffs, for mouthing off, for asking questions, for refusing to sign tickets, for being mentally ill, or for being in diabetic seizure all seem like objectively reasonable uses of force. Christ.
The article at the above link is a mostly disorganized rebuttal of the AMA's latest take on tasing, which coincidentally is being widely ignored in the mainstream media (see this search result for example), is filled with typical Taser International talking points (Amnesty International is bad, Tasers are perfectly safe, any study that finds fault with tasers or their use must be flawed, etc.).
A sad takeaway here is that this author is someone with huge amounts of misinformation and huge amounts of experience in police work. If he represents the best voice law enforcement has on this issue, I'm more frightened than I was before finding this article.
Sunday, August 16, 2009
Unnecessary Things:
Yeah, it would be wonderful if cops were respectful and people returned that courtesy. Sadly, in America, that's a truth you can only expect as you're driving along white in your Lexus toward your mcMansion in the burbs.
Under that mythology, this piece conveniently whitewashes a truth that renders it irrelevant. That truth is this: being white and intersecting with "rude" police is very, very different from experiencing default intimidation and violence by police solely because of the color of your skin.
Why is that the types (Can I just write, "straight affluent white guys" here?) who produce opinion pieces like this invariably don't understand how unnecessary and unhelpful their voices are?
Saturday, August 15, 2009
Resources
Tuesday, August 11, 2009
Digby On Tasers
Tasers aren't benign however. They kill people.There are some debatable points in the article, but I'm not going to nitpick; I'm happy to see this topic hit a larger forum than I could ever reach.
Digby includes a synopsis of tasing incidents that are sure to make your blood boil, unless, of course, you thoroughly don't care about civil liberties (i.e., You hate American ideals. Why do you hate America?).
I haven't looked at the comments yet, but there are plenty of them. already I'm guessing that the hero worshiping and taser fanboy sets (aka men who don't feel safe without a strong daddy telling them how to think and live) are out in force. Those types usually hate them some Greenwald (he's gay like me) and really, really hate the Digby (she's a woman).
Monday, August 03, 2009
Another Dead Post-Tased Person
A 27-year-old inmate died early Thursday after he was shocked with a Taser at a Riverside County jail.The inmate was identified as Jonathan Michael Nelson of Rancho Cucamonga. He died after deputies had used a Taser on him for the second time within 24 hours.
Nelson had been arrested in Sage, an unincorporated community south of Hemet, about 6:30 p.m. on suspicion of resisting an officer, said Sgt. Mike Lujan of the Riverside County Sheriff's Department Central Homicide Unit. Lujan said a man had called 911 reporting a suspicious vehicle off the road around the 43700 block of Cactus Valley Road. ...When deputies arrived and contacted Nelson, he tried to run, and deputies quickly chased him down, tackled him and shocked him with a Taser, Lujan said.
Nelson was taken to Hemet Valley Medical Center and later released for booking at the Southwest Detention Center in French Valley, Lujan said. Nelson was booked into jail about 10:15 p.m. and placed in a holding cell but when he tried to harm himself early Thursday by hitting the cell door and banging his head, deputies moved him to a padded "safety" cell, Lujan said.
As deputies left the cell, Nelson became aggressive toward them and grabbed the leg of one, Lujan said. Deputies restrained him and shocked him with a Taser, Lujan said.
Nelson "became nonresponsive" and first aid was administered, a sheriff's news release said. He was taken by ambulance to Rancho Springs Community Hospital in Murrieta where he was pronounced dead at 3:15 a.m.
Saturday, August 01, 2009
Cop Talk
Follow new rules or lose tasers, Alberta police forces told
And to be sure, police should not be trusted unsupervised with tasers:
1. Arrest in Albany racially motivated, Oakland couple says
A black couple says white Albany police officers Tasered and arrested them in front of their children without provocation, in what they consider a racially motivated attack.
Oakland residents Stephanie and Michael Williams say a police officer pulled over their car about 10:30 p.m. June 5, in Albany, after a graduation party at a Sizzler's restaurant on San Pablo Avenue. The officer later called for two others as backup.
According to Stephanie Williams, the first officer refused to tell her husband, who was driving the car, why he pulled him over; and the three officers spoke and behaved in an aggressive, demeaning manner toward the family; used a Taser on Michael Williams even though he was not resisting; and arrested the couple.
Stephanie Williams said she was threatened with a Taser and later arrested after she got out of the car to see what was happening. Police did not behave compassionately toward their three children — ages 10, 2 and 7 months — who were crying in the car, she said.
The couple spent about a day in jail, Stephanie Williams said. Charges against her were dismissed, but Michael Williams is still facing charges for resisting arrest.
BOULDER, Colo. — The local American Civil Liberties Union chapter is asking Boulder police to change their Taser stun-gun policy after witnesses saw “unnecessary and excessive use of force on a mentally impaired and unarmed man” last week. ...
Beckner promised to look into whether a violation occurred and whether a policy change is in order.
The incident occurred July 19 near the intersection of Dartmouth Avenue and Dover Drive in south Boulder. Five people — two adults and three children — called police about 4:40 p.m. to report that a man, later identified as Davis Ware, 26, of Boulder, was following and bothering them.
When police arrived, an officer asked Ware to sit down, but he refused, according to police.
“His posture remained tense and in a fighting stance with closed hands,” Boulder police spokeswoman Sarah Huntley told the Camera following the incident.
Ware eventually opened his hands but still wouldn’t sit down, Huntley said. The officer then fired Taser shots at Ware — two shots, because the first didn’t subdue him — according to Huntley.
Several witnesses who contacted the ACLU said that after hearing a shot and a groan, they saw Ware walking away from the officer, according to Golden’s letter. When the man continued to stumble forward, witnesses said, the officer shot him in the back with the Taser again, causing him to fall, Golden said.
Ware was arrested on suspicion of obstructing a peace officer, harassment and second-degree criminal trespass.
“This use of force was excessive and unnecessary,” Golden wrote. “It also appears to have violated the department’s overly permissive policies, in that the individual was not in a ‘defensive’ posture and was retreating when he was shot.”
According to a Boulder police publication printed in February, “Boulder officers are not permitted to pull out a Taser simply because a suspect is running away.” Department policy says Tasers can be used when someone offers “defensive resistance, other than flight, and the officer reasonably believes that use of a (Taser) is less likely to cause injury to either the officer or the individual than other means of gaining compliance.”
Golden said, from what he’s been told, the officer clearly violated department policy.
“This person was walking away — that’s what the eyewitnesses felt was the most egregious,” Golden said. “It was clear the person wasn’t going to go anywhere. He was stumbling.”
Following complaints from the ACLU, Denver police changed their policy in 2004 to allow Taser use only in cases of assault, imminent assault or serious violence, Golden said. He said Boulder should adopt that standard, too.
Chief Beckner said his department’s policy is based on “contemporary standards,” and he’ll look into whether those are changing.
“Our policies are fluid, and we’re reviewing them all the time,” he said.
Friday, July 24, 2009
How Cops Actually Use Tasers
It's audio from a police officer's own recording the night of Valentine’s Day -- a day typically known for love turned into a domestic violence situation and Boise Police officers were called to intervene.
But when officers arrived the suspect refused to let police in.
They broke down the door and tased the man standing on the other side.
That is not the incident in question but what happened next is.
(from taped recording)
"You feel this?” “Yes.” “You feel that, that's my taser on your ***.” “OK." said Officer 3 to suspect.
With the suspect already handcuffed -- the officer refered to as Officer 3 used vulgar language, threatened the man, and tased him a second time on his bottom.
(from taped recording)
"If you look again, I am going to stick this taser up your *** and pull the trigger.” “I am sorry.” Do you understand it?” “Yes, I do."
"Now do you feel this on your *****?” “I am not going to move, I am not going to move.” “I am going your ***** if you move again," said suspect and officer.
"Okay, I am going to take this taser out of your *******. Are you going to fight with me?” “No, no, OK," said suspect and officer.
Masterson says the suspect was acting out and finds his officer's concern for safety legitimate, but he admits how it was handled was not.
"The public trusts us to use force and use it judicially [What public is that?], in this case we made a number of threats, very inapproperatly language, we didn't carry through to the threats, to the certain body parts, but totally inappropriate and a violation of our policy," said Masterson.
The video:
Thursday, July 23, 2009
Let's Hope So
A retired justice who has been conducting an inquiry into the police use of Tasers is expected to call on police to severely restrict their use of the energy-conducted weapons.Gotta love some civil rights!
Justice Thomas Braidwood's inquiry is looking into the circumstances of the October, 2007 death of Polish immigrant Robert Dziekanski. The man, who spoke no English, died of cardiac arrest after being shocked five times by RCMP officers at Vancouver International Airport.
Braidwood's report, to be delivered Thursday afternoon (1 p.m. PT), will cover Phase One of the inquiry, which concerns the use of Tasers by police forces in B.C. The report will also be posted online at that time.
The news conference was unexpected, and announced only late Wednesday.
Sources tell CTV News Braidwood's recommendations will include severe restrictions on the use of Tasers by police in B.C.
The RCMP has stated previously that it would adopt Braidwood's recommendations nationwide.
Now let's see if the RCMP keeps its word. (h/t Truth Not Tasers)
Friday, July 17, 2009
NAACP Police Monitoring Tools
Wednesday, June 24, 2009
Taser Nuts
Danny Wilson insists he never saw it coming.
On February 16, the Waffle House waiter was chatting with two Gwinnett County police officers when a third officer approached, his taser set on stun.
"I heard something behind me," says Wilson. "As I turned around to look, he put the taser to my back and I fell down.
"It was very humiliating."
Wilson says as the other officers laughed, Corporal Gary Miles denied using his weapon. Gwinnett Police say when their investigators stepped in, Miles changed his tune.
"He stated he regretted it happened," says Corporal Illana Spellman. "He said he did it because he thought it would be funny."
Wilson and his attorney waited until they had surveillance video of the incident to report it to Gwinnett Police. On June 9th, the department started a criminal investigation into their own officer.
Miles has resigned from the force, and is now facing charges of battery and violation of oath of office. The other two officers, Sgt. Joey Parkerson and Sgt. Christopher Parry, have also resigned in lieu of termination.
Danny Wilson claims before that stunning night, the three officers would come into the Waffle House to eat breakfast and use their taser guns like toys, sometimes pointing it in his direction.
"One time I was playing a song on the jukebox, and they said 'don't play any stupid songs, we're going to shoot you with the taser,'" says Wilson.
Wilson claims on one occasion, another officer got involved.
"We do want to know who this fourth officer is that pretended to shock Danny with the taser," says attorney Mike Puglese.
Gwinnett Police say if another officer used his taser improperly, they want to know.
"We're going to look into that thoroughly," says Corporal Spellman. "We're not going to tolerate any misconduct against a citizen."
District Attorney Danny Porter says once the police investigation is complete, he'll look at the evidence to determine if more charges should be filed against Miles or others.
Thursday, June 04, 2009
Cop Love From The Courts
The piece references a recent court decision that could be a huge problem facing those of us who don't think that our cops, aka people we pay to keep the peace, should have cattle prods at the ready for anyone they deem misbehaving. Our supreme court (SCOTUS) has declined to hear a case involving clear taser abuse:
Do our cops now have carte blanche to tase as they please? If so, and given the political climate here in the US, there is little hope for rulings from the SCOTUS that favor liberties. Civil libertarians might get one or two more strong dissenting opinions for their reading pleasure, but civil liberties will be on the endangered list for some years to come in the US.In the case of the Florida driver, the Supreme Court justices offered no explanation for their decision not to hear his case. The move lets stand a federal appeals court decision that found the deputy's actions reasonable and justified.
"I hope [law enforcement officials] don't see this as open season to tase anyone who doesn't do exactly what they are told," says Tallahassee lawyer John Jolly, who successfully represented the deputy in the Florida case.
For reference, here is the incident that resulted in the suit the SCOTUS declined to hear:
Friday, May 01, 2009
"Generally Nonlethal"
The department is purchasing 312 Tasers at $799 per weapon, plus cartridge and training costs, according to officials and a memorandum filed with the St. Louis County Council.So... we're now a country that accepts potentially lethal torture from the people we pay to keep the peace? Our founding fathers would be so proud.
County officers currently have 302 Tasers assigned to officers, including crisis-intervention and patrol officers. The additional purchase will allow all uniformed officers and some detectives immediate access to the weapons. ...
Many police officers appreciate Tasers as a generally nonlethal way to control violent suspects with minimal injury to anyone. ...
At least six other people have died after being shocked by Tasers over the past four years in the St. Louis area, and medical examiners have said the deaths were mainly the result of other factors, such as pre-existing health conditions, an agitated state or the presence of drugs or alcohol.
