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Title: State Trooper Facing Murder Charges After Tasing A Teen Riding An ATV
Source: TechDirt
URL Source: https://www.techdirt.com/articles/2 ... r-tasing-teen-riding-atv.shtml
Published: Apr 25, 2018
Author: Tim Cushing
Post Date: 2018-04-27 09:52:30 by Deckard
Keywords: None
Views: 20008
Comments: 104

from the height-of-unreasonableness dept

More than two dozen hours of recordings and 600 pages of documents obtained by the Detroit Free Press have uncovered disturbing details of the senseless killing of 15-year-old Damon Grimes by Michigan State Trooper Mark Bessner last fall.

Lots of killings are senseless, including many of those committed by officers authorized to use deadly force. But this one was especially senseless. Trooper Bessner decided against all policy and reason to fire his Taser at Grimes while both he and Grimes -- riding an ATV -- were traveling at 35 mph down a residential street. To add to the insanity of his act, Bessner was the passenger in the cruiser. Having initiated the pursuit, Bessner decided to end it by tasing Grimes. The result was the complete, gruesome destruction of a human being.

Grimes had been driving about 35 mph on an ATV when Bessner — a passenger in a moving patrol car — fired his stun gun at the teen during a chase on Detroit’s east side.

Grimes slammed into the back of a parked truck and flew off his ATV. The impact of the crash ripped gashes into his forehead, both cheeks and upper lip and dislocated his skull. Doctors pronounced him dead on arrival at St. John Hospital.

Bessner is now facing murder charges. There's a good chance Grimes never knew he was being pursued. Earbuds were photographed at the scene of the fatal crash. No one involved in the pursuit has been willing to go on record as to whether they appeared to be in use at the time of death. Additionally, obtained footage shows the cruiser's emergency lights weren't activated until 24 seconds after the fatal crash.

What the Free Press has uncovered with this mountain of public records is staggering. Officers arriving at the scene expressed their disgust at Bessner's actions. One officer in particular registered her disbelief at what she was witnessing.

“His pulse is weakening because he was on that fuckin' thing, and you chased his ass,” Detroit Police officer Kimberly Buckner muttered to herself as she stepped out of her vehicle, her body camera recording every step and word.

As she walked toward Grimes, an unidentified Detroit police officer reached out his hand to cover the lens of Buckner's body camera quietly saying: "They fuckin' tased his ass while he was cruisin'."

Buckner showed more compassion than other officers, though. The unidentified officer she spoke with later stated police escorts for ambulances were reserved for injured officers not "bad-ass 15 [year olds]" who ran from the cops. The officer went on to state he had "no sympathy" for the dead teenager. Another unidentified officer is captured saying, "Don't run from the State Police. You'll get fucked up."

Unbelievably, Detroit PD officials had no idea this officer -- still unidentified -- had criticized the cooling corpse of a teen shot by an officer with a Taser while riding an ATV at 35 mph. Only at the prompting of the Free Press was an investigation instigated. The officer has been pulled from patrol duty while the investigation is underway.

The Michigan State Police have a lot to answer for, and reps aren't talking. A pending lawsuit is only part of the reason for its silence. The other part is likely due to its refusal to deal with a problem trooper until he was charged with murder.

Bessner has a history of using excessive force and has been reprimanded before for using his Taser inappropriately, including using the device on handcuffed suspects. The investigation into Bessner's conduct shows that over a four-year span ending in 2017, he had 40 use of force incidents, 17 pursuits and five car accidents.

If the Michigan State Police could be bothered to police themselves, this may have been prevented. Bessner was -- at best -- a lawsuit waiting to happen. This isn't normal behavior, no matter how his lawyer spins it. It appears Bessner is going to lean hard on the Supreme Court's Graham decision, if his lawyer's statements are any indication.

Bessner's attorney, Richard Convertino, agreed to an interview, but then didn't respond to requests to schedule it.

Convertino previously called Grimes' death tragic, noting the teen drove the ATV “recklessly and dangerously” and “actively resisted and evaded arrest.”

“During the pursuit, Trooper Bessner was forced to make a split-second decision under circumstances on the scene and at the moment which was tense, uncertain and rapidly evolving,” Convertino told the Free Press in the email, shortly after the crash.

If the wording in that last paragraph seems familiar, it's because it directly quotes a Supreme Court justice.

The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments - in circumstances that are tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation.

That statement in defense of Bessner's reckless actions is a bit too much on the nose. There was no need for this to be a 'tense, uncertain, and rapidly evolving" situation. A teen was riding an ATV and the cops were in cruisers. If the teen posed a risk to others, the solution was not to fire a Taser from a moving vehicle at an unprotected body traveling at 35 mph. That's just a good way to seriously injure someone. In this case, the injuries were fatal and the trooper whose best call under pressure was to commit an act almost every cop would find unreasonable is now behind bars awaiting trial. I'll bet he wishes he'd responded a bit more reasonably.

The State Police gave him every chance to show them what kind of officer he could be. And in the end, he showed them he could be even worse than he was in the four years leading up to his murder rap.

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Begin Trace Mode for Comment # 28.

#2. To: Deckard (#0)

State statutes vary considerably but this sounds like manslaughter at most.

And I'd bet against a jury convicting him.

Tooconservative  posted on  2018-04-27   19:49:48 ET  Reply   Untrace   Trace   Private Reply  


#11. To: Tooconservative (#2)

"State statutes vary considerably but this sounds like manslaughter at most."

The prosecutor's got it covered. Bessner is charged with second-degree murder and two counts of involuntary manslaughter.

Hell, why not throw in three counts of assault, too.

misterwhite  posted on  2018-04-28   11:01:37 ET  Reply   Untrace   Trace   Private Reply  


#13. To: misterwhite, GrandIsland (#11)

The prosecutor's got it covered. Bessner is charged with second-degree murder and two counts of involuntary manslaughter.

Completely overcharging the incident.

It makes me think the prosecutor intends to throw the case deliberately after he has appeased the mob by staging a trial. All he has to do is fail to disclose some piece of evidence in a timely fashion and an appeals court will throw out the conviction. Then he runs to the cameras and says they can't hope to get a conviction after a mistrial (which is statistically true).

This trooper won't serve a day in jail. Even if convicted, the system will let him off from jail time.

Juries just don't convict state troopers of any major crime. They don't want to.

Tooconservative  posted on  2018-04-28   11:20:30 ET  Reply   Untrace   Trace   Private Reply  


#14. To: Tooconservative (#13)

"Completely overcharging the incident."

The murder charge is. I agree. But the jury can still convict on the involuntary manslaughter charge.

misterwhite  posted on  2018-04-28   11:30:12 ET  Reply   Untrace   Trace   Private Reply  


#15. To: misterwhite (#14)

But the jury can still convict on the involuntary manslaughter charge.

Sure, they could.

But they won't.

There are a lot of incentives for at least one juror to decide not to convict. And that is all he needs.

And he won't need top legal talent for an acquittal either.

There are a wide range of forces that will concentrate their influence as a case like this goes to trial and their influence will certainly be reflected in any verdict.

If I were you, I wouldn't bet on a conviction. I'd bet against if I were a betting man.

Tooconservative  posted on  2018-04-28   11:33:53 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Tooconservative (#15)

Sure, they could.
But they won't.

You may be right. But I'd like to know what the cop thought would happen after he tased someone on an ATV going 35 mph. Did he think the driver would simply coast to a stop or something? I mean, he had to know the effect of a taser.

Or, was the ATV driver clear of any obstruction, but swerved into the parked car unexpectedly after being tased? Was that foreseeable?

misterwhite  posted on  2018-04-28   11:53:15 ET  Reply   Untrace   Trace   Private Reply  


#24. To: misterwhite, GrandIsland (#17)

Did he think the driver would simply coast to a stop or something? I mean, he had to know the effect of a taser.

He might have. Or maybe he thought the kid would freeze up and then fall off the ATV on the ground. If there is any doubt, they can't convict him of any homicidal intent. The prosecutor must demonstrate intent for the second-degree murder charge.

No one here has explained why that cop didn't have a duty to stop a kid from speeding dangerously on city streets with an off-road ATV at 35mph, posing a traffic hazard to vehicles and a hazard to people, pets and property.

What if he blew through an intersection on his ATV at 35mph followed by the cop car and, as a result, some van load of kindergartners swerved into the path of a bus of nuns and hit them head-on, both vehicles going 45mph and with massive injuries and multiple deaths with dead and dying tykes and nuns all over the street? Do you really want to let teenagers violate city traffic laws egregiously and endanger themselves and the general public? Is that what you want the cops to do? Are they just supposed to follow such lawbreakers around, sirens blaring, to try to keep the public safe as the yout' blows through one intersection after the next on busy streets and interchanges and posing a hazard to people and pets?

What if he had run down a toddler that stepped out into his path and the trooper had been just following him but not doing anything to try to stop him? Would people be calling for the trooper's head because he followed the lawbreaker and didn't stop him before he ran down that 85yo woman who happened to step onto the sidewalk in front of her home and got run down by this near-infant on an ATV?

It seems to me that you and GI have been hanging out smoking pot with that smelly Deckard kid, badmouthing your country and hatin' da cops.

Tooconservative  posted on  2018-04-28   12:19:30 ET  Reply   Untrace   Trace   Private Reply  


#27. To: Tooconservative (#24)

It seems to me that you and GI have been hanging out smoking pot with that smelly Deckard kid

I have zero sympathy for the ATV driver. Play stupid games. Win stupid prizes.

But I can't see a way the cop gets out of this one. The irony is, if the cops swerved in front of the ATV driver to slow him down or stop him and he crashed (ie., same net result), we probably wouldn't even read about it.

misterwhite  posted on  2018-04-28   12:33:37 ET  Reply   Untrace   Trace   Private Reply  


#28. To: misterwhite (#27)

He was going a pedestrian 35 MPH.

whitey

Fred Mertz  posted on  2018-04-28   12:36:34 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 28.

#33. To: Fred Mertz (#28)

He was going a pedestrian 35 MPH.

Fast enough to get him killed when he stopped suddenly. A helmet would have helped, but, well, the Damons of this world don't bees wearin' one.

misterwhite  posted on  2018-04-28 12:51:23 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 28.

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