72 year old woman tasered in Austin. Justified?? (Howe, Point: high school, vehicle)

[love roses]

Originally Posted by mimimomx3

Which in my opinion falls safely within her 1st amendment rights.

But almost right after that she was trying to get back to her car. The officer was not out of line, as far as I have heard, to restrain her from the moment of her first refusal.

[artsyguy]

It does fall under the 1st amendment rights.

Originally Posted by mimimomx3

Which in my opinion falls safely within her 1st amendment rights.

[love roses]

First amendment doesn't say anything about yelling at cops and resisting arrest.

[mimimomx3]

Originally Posted by love roses

First amendment doesn't say anything about yelling at cops and resisting arrest.

I guess it's just a matter of time that for the children we get rid of the first amendment, anyway.

[LizzySWW]

She was 100% wrong. At 72, she should know how to act with a police officer. I almost think she might have some kind of a mental problem though.

[artsyguy]

So what if she was wrong or rude. The cop was out of line and abusing his power with her.

Originally Posted by LizzySWW

She was 100% wrong. At 72, she should know how to act with a police officer. I almost think she might have some kind of a mental problem though.

[nmnita]

Originally Posted by artsyguy

So what if she was wrong or rude. The cop was out of line and abusing his power with her.

why do you say that? He was the authority, she was wrong, it is pretty cut and dry...and remember, I am a 72 year old gal.

Nita

[statefan]

Originally Posted by artsyguy

So what if she was wrong or rude. The cop was out of line and abusing his power with her.

What did he do to abuse his power with her? Smack her, slam her to the ground, slam her against the truck, break her arm? No, he tased an unruly and abusive person who has refused to obey his numerous verbal commands.(Her age, stature and sex should not be brought into the equation!)

[oldtoiletsmkgdflrpots]

I'll admit, some of your replies are a bit scary. I bet your jury trials are interesting.

*shudder*

[mmac12]

[quote=CptnRn;9247635]

Originally Posted by TexasHorseLady

<< With the exception of the shouting at her and relatively gently pushing her initially,>>

I don't see any gentle pushing, I see violent shoving.

<<he appeared to be calm (if speaking loudly, and in that situation, with that traffic, I can certainly understand that - he raised his voice no more than she did, come to that), he appeared to be in control of his emotions>>

He appeared to me to be emotionally out of control from the moment he pulled her car door open and told her to get out.

<<He did throw down the ticketbook, but that appeared to be to get it out of the way while he took out his handcuffs and attempted to handcuff her.>>

He also threw his handcuffs to the ground in frustration after one brief inept attempt to handcuff her.

<<To use the kind of force that would have been required in order to get that particularly "little old lady" to comply with being handcuffed would, again, have had you shouting about police brutality, as well. >>

Not true, I would completely believe that is what he should have done, and could have done if he were more competent.

<< She was uncooperative and belligerant and throwing a tantrum, and if you're so concerned about her being 72, remember that a bone could have broken with the amount of force needed to get her to comply with the handcuffs.>>

I seriously doubt it. But even if it had, broken bones are not as life threatening as a heart attack which the taser could have easily triggered.

Although given the incompetence of this particular officer, he probably would have broken her neck. I do not believe he should have let her get back in her car and drive away in that outraged emotional state. But there is no excuse for his being unable to restrain her and put her under arrest without using a taser.

<<What speaks loudest in all of this, though, is how forthcoming she was with her side of the story and how everything in the report was lies right up until the point that she became aware that there was video evidence. At that point, she suddenly becomes silent and invisible. That speaks volumes right there, combined with what she said before the tape came out and the tape itself.>>

That does not speak loudly of anything. I'm sure that is nothing more then her lawyer advising her that she should not make any more public statements. That is her right to remain silent.

What does speak loudly is that the video evidence proves that the official statements made by the Constable was a pack of lies, and an obvious attempt at a cover up. That is unforgivable.

Through out much of my career I have worked closely with the Austin Police Department on numerous projects, in addition my brother's entire career has been in law enforcement, from positions as patrol cop, undercover narcotics, swat team, murder detective and advanced positions in the state police. I am very sympathetic to the difficulties they face, but I am also familar with what competent professional police work is like.

This constable deputy was incompetent and totally mismanaged the situation.

You have absolutely hit on every point and I agree-- I hope the feds now look into his falsifying official police reports with his lies and investigate him for civil rights violation