Tasers Getting More Prominent Role in Crime Fighting in NY City
Ashley Gilbertson for The New
York Times
Sgt. Patrick
Donnelly carried his Taser outside a station house in New York, where stun
guns have a troubled history.
Published: June 15, 2008
After decades
languishing in the trunks of squad cars, the Taser, the handgun-shaped
device that incapacitates people with a pulsating electrical current, is
getting a chance at a higher profile in the New York Police Department.
The Taser’s career in New York has
contrasted with its ubiquity around the nation, as police officials from
Wisconsin to California have praised its usefulness, particularly in
encounters with the emotionally disturbed. According to the device’s
manufacturer, Taser International, more than 345,000 Tasers have been sold
to 12,750 law enforcement and military agencies in 44 countries, with 4,500
agencies distributing them to their entire forces.
By contrast, about 500 Tasers
are deployed in New York.
The weapon has not been fully
embraced by the Police Department, the nation’s largest police force, partly
because of the difficulties in maintaining the devices and in training
officers. But it is also because Police Commissioner
Raymond W. Kelly has looked cautiously at Taser technology. Stun guns
have a troubled history here: An early model was at the center of a scandal
in the early 1980s when it was used to force drug suspects to confess. Mr.
Kelly, then a deputy inspector, was assigned to clean up the mess.
The old stun gun looked like an
electric razor and worked when applied directly to a person’s body. Today’s
Taser fires a dart at its target from a distance.
Last week, a report on a study
of police shootings — commissioned in 2007 after a Queens man,
Sean Bell, was killed by officers — recommended that the New York police
experiment with using Tasers more. In response, Mr. Kelly said that Tasers
would move out of the dark trunks of select police vehicles to sergeants’
crowded gun belts. But he remained cautious, saying sergeants would still be
the only ones with the authority to handle Tasers. That population of 3,500
supervisors is larger than most other departments.
“This is like turning a
battleship around, or an aircraft carrier,” Mr. Kelly said of the challenges
of implementing any new law enforcement tool in the Police Department. The
New York force, for example, switched later than others from 6-shot
revolvers to 9-millimeter semiautomatic pistols. And even then the
semiautomatics initially carried only 10 shots, not the regular 16.
The shooting report, by the
RAND Corporation, suggested that Tasers still required more study in New
York, particularly since there was a dearth of reliable data about their
use.
Christopher T. Dunn, the
associate legal director of the
New York Civil Liberties Union, said the concern now is whether officers
will use Tasers in situations where they traditionally had used much less
force, and whether civilians will be unnecessarily and more frequently
subjected to their use.
“Is it actually an alternative
that leads to reduced use of firearms by the police?” Mr. Dunn said. “Or
does it lead to increased use of force? The concern is we are going up the
ladder of force, as opposed to coming down the ladder.”
RAND researchers, in studying
the department’s analysis of 455 of its shootings, said that officers might
have been able to end confrontations more quickly by using a less lethal
device — like a Taser — before those encounters escalated to a point where
deadly force was necessary. They did not say that Tasers should supplant
handguns.
Mr. Kelly, who wants his top
commanders to read the RAND study and give him feedback, said he would
probably carry out a variation of the RAND suggestion that the department
create a pilot program in selected precincts to expand the availability of
Tasers.
He said two precincts would
likely be chosen for the program — one with Tasers and one without them, as
a control — based on their work volume and demographics. But, he quickly
added, “I cannot stress enough that no decision has been made on this.”
Stun guns were introduced in
New York in the early 1980s, when officers were confronting a higher number
of disturbed people because of the rapid and widespread
deinstitutionalization of mental health patients. The devices were not seen
as a success.
The technology had not been
perfected and the devices were kept mostly in Emergency Service Unit
officers’ trucks. Several high-ranking officers and sergeants were
transferred from the 106th Precinct in Queens after officers were charged
with using stun guns on drug suspects during interrogations. Mr. Kelly was
assigned by Commissioner Benjamin Ward to clean things up.
Perhaps spurred by memories of that
scandal, Mr. Kelly added a cautionary line to the new rules of engagement for
the Taser. The order, published on June 4, said that putting a Taser directly
against someone’s body should not be the primary method of use and that such
cases of “touch-stun mode” would be investigated.
Currently, the police deploy the
Taser about 300 times a year, mainly when responding to some of the 80,000 calls
for emotionally disturbed people. Mr. Kelly says that when the Taser has been
used, it has worked well. “We have to be careful, we have to be conservative, in
our deployment of these devices,” he said.
In 2007, 41 people complained of
being struck with a Taser by officers and 9 said they had been confronted by
officers brandishing one, according to Andrew Case, a spokesman for the city’s
Civilian Complaint Review Board, which investigates allegations of
wrongdoing by officers. Of those complaints, one was substantiated, he said.
So far this year, the board has
received 17 complaints from people who said they were struck with a Taser by
officers and 6 from those who said they were confronted by them, Mr. Case said.
None of the 2008 cases have been fully investigated yet; eight have been closed
because the victim refused to provide a statement, one has been withdrawn, and
the others remain open.
The Taser model being used in New
York is the M26, which is not the newest version (that is the X26, which is 60
percent lighter and smaller). The M26 is yellow, looks like a 9-millimeter
Glock, weighs about 16 ounces and costs about $400.
The weapon uses a
compressed-nitrogen cartridge to launch two probes that travel 15 to 35 feet. At
the end of each probe is a wire that attaches to the skin and clothing. The
Taser can work through about two cumulative inches of clothing, said Stephen D.
Tuttle, a Taser spokesman. The probes deliver 3,000 volts of electrical current
to the body, or 0.36 joules per pulse. (There are 19 pulses a second, and each
trigger cycle lasts for 5 seconds).
By contrast, a cardiac
defibrillator operates with 360 joules per pulse on average, Mr. Tuttle said.
The Taser pulses stimulate the motor nerves, impairing communication between the
brain and the muscles and essentially incapacitating the person, he said.
Kenneth S. McGuire, a sergeant with
the
Temple University police in Philadelphia, said his 110-member force does not
use the Taser, but he would like to change that. In 2006, he became a certified
trainer in the use of the Taser. To help him understand the device, he even took
a Taser hit to his back.
“Basically, the only way I can
explain it is if you’ve ever gotten a really bad leg cramp in your calf, if
you’re swimming, imagine that in your whole body; that’s how it feels,” Sergeant
McGuire said. “Your muscles freeze up, they call it the plywood effect.”
He added, “It lasts up to five
seconds. And then you’re fine, you’re good to go.”
Tasers came under a new spotlight
as the image of a square-jawed Mr. Kelly holding a stun gun was beamed across
the media landscape on Monday and Tuesday, and as news spread that the nation’s
largest police force was taking a fresh look at the device. At the same time, a
sea of controversial Taser headlines seemed to crop up. It was not the first
time. A video of a student being subdued with a Taser by campus security at the
University of Florida during a
John Kerry speech in 2007 — and imploring, “Don’t Tase me, bro!” — became a
YouTube sensation.
On Monday, a 26-year-old man died
after he was shocked twice with a Taser by an officer on Long Island trying to
keep him from swallowing a bag of cocaine, the Suffolk County police said. The
man, Tony Curtis Bradway of Brooklyn, spat out a white powder and “remnants of a
plastic bag,” the police said, and he died at a hospital nine hours after the
episode.
The next day, news broke that a
federal jury in California had held Taser International partly responsible in
the death of a Salinas, Calif., man and had awarded his family more than $6
million in that civil case. It was the first loss in court for the Arizona
company, said Mr. Tuttle, who added that the company had 70 wins or dismissals
in civil cases and noted that the jury in the California case had found the
company “15 percent” liable for the man’s death.
On Wednesday, Sanford A.
Rubenstein, a lawyer, announced the filing of a lawsuit against New York City in
the case of a retired police lieutenant’s son who had been hit four times with a
Taser after the police responded to a barbecue at his Harlem home last August.
The man, Alexander Lombard III, who
was 18 at the time, “has permanent Taser marks and scarring,” Mr. Rubenstein
said. “And he is getting counseling and getting physical therapy.”
Also on Wednesday,
Amnesty International said it had tracked more than 300 cases since 2001 in
which people died after being shocked by a Taser. And although studies have not
shown what role the devices might have played in those deaths, “extreme caution”
is in order, said Larry R. Cox, the executive director of Amnesty.
“They should be fired in
circumstances when the use of deadly force would be the only alternative,” said
Mr. Cox. He said that the Taser’s billing as a “safe, nonlethal instrument” was
faulty.