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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: 19976
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 # 34.

#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  


#5. To: Tooconservative (#2)

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

2) And I'd bet against a jury convicting him.

1) Agreed. A reckless act that results in death... Manslaughter. I doubt he intended to kill the urban trash. This officer was just too stupid to realize tazing him, at 35mph would kill.

2) Not sure about your trial by jury comment. Are you suggesting that he deserves a trial by his PEERS, that means 12 random cops? lol

The story has a happy ending. This cop will never cop again... and this was the last time this urban potato will ever break the law.

GrandIsland  posted on  2018-04-28   7:30:14 ET  Reply   Untrace   Trace   Private Reply  


#12. To: GrandIsland (#5)

I doubt he intended to kill the urban trash.

There was that 20-year-old Florida woman who fled police and was tasered. She fell and hit her head on the concrete. She ended up brain dead and in a vegetative state.

"The verdict of the Florida Department of Law Enforcement on his taser use: Justified."

"FHP policy allows troopers to use Tasers when it “reasonably appears necessary to control non-compliant individuals who have escalated their level of resistance from passive physical resistance to active physical resistance (i.e.: bracing, tensing, pushing, or pulling).”

"The policy goes on to say it must be apparent the detained person has the ability to physically threaten others or is trying to flee or escape."

misterwhite  posted on  2018-04-28   11:12:52 ET  Reply   Untrace   Trace   Private Reply  


#18. To: misterwhite (#12)

There was that 20-year-old Florida woman who fled police and was tasered. She fell and hit her head on the concrete. She ended up brain dead and in a vegetative state.

Police tase idiots running, all the time. If they fall and strike their melon, because they are dysfunctional urban asshole potato’s... then chalk that up to Natural Selection. THIS case isn’t anything like that. A reasonable person would assume that tasing an open vehicle operated driver (motorcycle or ATV), at 35 mph on PAVEMENT, could cause death or serious physical injury. The only time this particular tasing would be justified is if the vehicle occupant was endangering people’s lives (like running pedestrians over at 35) or a perceived danger to the officer.

GrandIsland  posted on  2018-04-28   11:54:14 ET  Reply   Untrace   Trace   Private Reply  


#29. To: GrandIsland, misterwhite (#18)

Police tase idiots running, all the time. If they fall and strike their melon, because they are dysfunctional urban asshole potato’s... then chalk that up to Natural Selection. THIS case isn’t anything like that. A reasonable person would assume that tasing an open vehicle operated driver (motorcycle or ATV), at 35 mph on PAVEMENT, could cause death or serious physical injury. The only time this particular tasing would be justified is if the vehicle occupant was endangering people’s lives (like running pedestrians over at 35) or a perceived danger to the officer.

What about when police use spike strips to stop a car speeding at 90mph or so? Doesn't that also include a lot of risk of a crash with injury/maiming/death? Or shooting out their tires? Or that little nudge maneuver from a pursuit vehicle to try to make a fleeing car spin out? People get injured or killed all the time as a result of these lawful police actions and those are all examples of lawful uses of deadly force in the course of enforcing traffic safety laws against an egregious driver.

I don't think you can say that this trooper went much further than those normal accepted police tactics in this particular situation.

You also don't know yet just how dangerously this kid was riding the ATV. Had he already blown through blind corners where someone on foot or in a vehicle might easily have gotten hit? Did he dodge and blast by someone just getting out of their car, almost hitting them? Maybe his driving provided ample evidence to the trooper that the yout' posed a clear and present danger to the public in the course of the pursuit.

Tooconservative  posted on  2018-04-28   12:42:08 ET  Reply   Untrace   Trace   Private Reply  


#34. To: Tooconservative (#29)

You also don't know yet just how dangerously this kid was riding the ATV.

I read that he was doing wheelies.

misterwhite  posted on  2018-04-28   12:53:11 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 34.

#35. To: misterwhite (#34)

Oh no, wheelies!

Get a life, whitey.

Fred Mertz  posted on  2018-04-28 12:54:49 ET  Reply   Untrace   Trace   Private Reply  


#36. To: misterwhite, GrandIsland (#34)

I read that he was doing wheelies.

Ah. In which case, he might have killed or paralyzed himself if the ATV had popped over, pinning him underneath.

Cops also have a duty to protect the irresponsible from themselves, including the use of force to do so.

You may not like this line of argument but the trooper's lawyer will muster exactly the same arguments to a jury.

It's a long way from the easy "a kid shouldn't die on an ATV joyride" to "that trooper is a murderer and should be in prison". A very long way.

Tooconservative  posted on  2018-04-28 12:58:24 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 34.

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