
This photo of Demond Grimes on his ATV was taken one day before he died. (Photo: Supplied by Grimes family)
Warren, MI Under no circumstances is it ever okay to fire a weapon, lethal or not, at an unarmed child who is controlling an ATVespecially if you are a police officer and you are also in a vehicle. However, that is exactly what happened in Warren, Mich. last weekend and now an aspiring high school freshman is dead because of it.
Michigan State Police Officer Mark Bessner allegedly fired his taser from his police cruiser, striking 15-year-old Damon Grimes. Grimes then, according to his familys lawyer, either died immediately from the 50,000 volts surging through his body, or died from the subsequent seizure which left him unable to safely control his all-terrain-vehicle (ATV) which crashed into the back of a pickup.
Bessner was apparently trying to get the teen to get off of the roadway and thought it would be a good idea to deploy his taser from one moving vehicle to another (ATV). Since Grimes died as a result of the officers actions, it now seems the Michigan State trooper may not have properly thought through all of the ramifications of his actions before deploying the deadly taser.
Grimes family is suing the Michigan State Police for $50 million. The familys lawyer, Geoffrey Fieger, refused to name the officer at the time of the press conference (was still waiting on confirmation) but said Bessner conducted a drive-by shooting of the young teen. Fieger likened the officers actions to that of a cowboy wildly out of control for deploying his taser through the window of his cop car. He said Bessners actions were out of line with departmental policy and lectured the department at the press conference saying:
Under no circumstance should any police officer ever shoot like a cowboy out of his vehicle, out the window and shoot the young man whos driving the vehicle.
Bessner has been in trouble before for the way he has deployed his taser on other members of the public. Seeming more like a tyrant than an officer of the peace, the Free Beacon described his two prior lawsuits involving his use of the department-issued taser.
Bessner has been sued in the past for using excessive force. Since 2013, two different civil lawsuits, both involving Tasers, have been filed against the 43-year-old for excessive force. The first, which was filed in 2013 in U.S. District Court in Detroit and settled a year later, alleges that Bessner repeatedly struck and gratuitously kneed an unarmed plaintiff, who was never charged with a crime. The second case, filed in Wayne County Circuit Court in 2015, alleges that Bessner Tased the plaintiff on multiple and continuous occasions with the specific intent of inflicting pain, including after the plaintiff was in handcuffs.
Flanked by Damons mom and dad, Fieger said the person solely responsible for the young teens death is the trooper. The familys lawyer described the federal civil rights lawsuit under the Section 1983 of the Civil Rights Act and accuses the officer of gross negligence under Michigan law.
The attorney indicated the cause of death is still unknown as a second autopsy is still being conducted.Absolutely mind-boggling stupid is how Fieger characterized the drive by shooting of a child on an ATV shooting him with a taser.
Damons sister Dezanique Grimes described her late brother as, an awesome kid, a gentleman, a sweetheart, a lovely young man. She said, He was getting good grades, he wasnt out here doing anything wrong but what all teenagers have been doing lately riding those two wheelers or four wheelers. Its not fair, hes only 15 and now his life is gone over a bike.
Grimes died last Saturday, August 26th, after Bessner attempted to get the boy to direct his ATV off of the roadway. At the time of their sons death, the family believed the officer involved in the incident actually rammed their son with his cruiser, sending the ATV careening into the back of the pickup truck. Now, after presumably examining the police report, they now know Bessner killed their son by deploying his taser from one moving vehicle to their child who was alive and well until his run-in with police.
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#1: misterwhite To: Deckard (#0)
Yeah! He done rammed him! Ran him down! Rammed him with his cruiser! Dats what happened.
No? He was tased?
Yeah! He done tased my boy! Tased him! Tased him with his taser! Dats what happened!
Now gimme my $50 million and I'll feel better.
misterwhite posted on 2017-09-01 11:23:44 Reply Private Reply
#2: misterwhite To: Deckard (#0)
And all along I thought the young teen was responsible because he disobeyed the cop and refused to get off the roadway.
"He was getting good grades, he wasnt out here doing anything wrong"
I changed my mind. It was the parent's fault because apparently they told their son that it was okay to drive an ATV on the road.
misterwhite posted on 2017-09-01 11:29:41 Reply Private Reply
#3: misterwhite To: Deckard (#0)
"The troopers activated their emergency lights and siren, but the ATV driver refused to stop. The troopers pursued the ATV east on Rossini, and as the ATV approached Gratiot Avenue, the driver attempted to drive off the roadway onto the sidewalk, but crashed into the rear of a pickup truck."
The Wayne County Medical Examiner's Office said Grimes died from blunt head trauma. (No helmet, I guess.)
"Since Grimes died as a result of the officers actions ..."
Whoa! Did the taser even hit the kid? Do we know? Or should we just assume it did and get all riled up before the investigation is complete?
misterwhite posted on 2017-09-01 11:42:00 Reply Private Reply
#4: Deckard To: misterwhite (#1)
Bessner was apparently trying to get the teen to get off of the roadway and thought it would be a good idea to deploy his taser from one moving vehicle to another (ATV).
I hope they win the suit.
This cop is a danger to society.
I'd call you a racist, but you don't care what color the citizens are that police indiscriminately kill.
Deckard posted on 2017-09-01 11:42:07 Reply Private Reply
#5: misterwhite To: Deckard (#4)
Pretty good shot, huh? A taser from one moving vehicle to another, hitting a small target.
Oh, wait! Did he hit him with the taser? Do we know? Or are you just assuming that?
misterwhite posted on 2017-09-01 11:45:02 Reply Private Reply
#6: misterwhite To: Deckard (#4)
We know they only kill blacks.
misterwhite posted on 2017-09-01 11:48:57 Reply Private Reply
#7: Tooconservative To: Deckard, misterwhite (#0)
The trooper probably should have just run him off the road and arrested him, after the inevitable crash or when he got home.
Michigan statutes
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
Act 451 of 1994
(c) A farmer, employee of a farmer, or fam ily member of a farmer who is at least 16 years of age may operate an ORV on the ex treme right side of a roadway or highway right-of-way when it is not practicable to operate off that roadway or highway right- of-way. Such operation shall be limited to tr aveling to or from the farmer's residence or work location or field during the course of farming operations. An ORV shall not be operated pursuant to this subdivision during the period of 30 minutes before sunset to 30 minutes after sunrise, when visibility is substantially reduced due to weather conditions, or in a manner so as to interfere with traffic. The state transportation department and all of its employees are immune from tort liability for injury or damages sustained by any person arising in any way by reason of the operation or use of an ORV for the limited purposes allo wed under this subdivision. An operator of an ORV under this subdivision shall have attached to the ORV a flag made of reflective material. The flag shall extend no t less than 8 feet from the surface of the roadway and not less than 4 f eet above the top of the ORV. The flag shall be not less than 12 inches high by 18 inches long and not measure less than 100 square inches.
The cop should sue the kid's family. And their other children need to be picked up by children's services before they end up dead too.
BTW, the photo shows the yout' on the ATV with no helmet. Maybe it isn't so surprising he ended up dead when he plowed into something like a pickup. I think his estate should sue his parents for inadequate supervision.
Tooconservative posted on 2017-09-02 05:53:15 Reply Private Reply
#8: misterwhite To: Tooconservative (#7)
misterwhite posted on 2017-09-02 11:41:01 Reply Private Reply
#9: Tooconservative To: misterwhite, Deckard (#8)
But ya didn't, did ya? : )
I know rural areas where you see kids from 8-12 driving ATVs and pickups on county roads all the time. But that is not in a city. The local deputy and sheriff look the other way unless they start to get wild. Their parents supervise this pretty closely until they get a school permit at age 14, I think.
And any town is a lot different than some scarcely traveled rural dirt roads. This town, Warren, is the third largest in Michigan and is Detroit's biggest suburb with a population of 134K. So this is not some dusty little village by any means.
Well, now you've got me wanting to know The Rest Of The Story. My weakness.
Accident and crime reporting in this country is really lousy. You never just get the whole story in one big gulp.
Tooconservative posted on 2017-09-02 14:44:07 Reply Private Reply
#10: misterwhite To: Tooconservative (#9)
You get the story they want to tell.
Way back when, the stories would never show sympathy for the wrongdoer. This story would have been written such that any father could show it to his son and say, "See what can happen when you don't obey the law and try to run from the police?"
Now the message is, "See how this family can make $50 million?" As though the kid was just walking down the sidewalk, minding his own business, when The Michgan State Police came along and caused his death. Sickening.
misterwhite posted on 2017-09-02 18:32:14 Reply Private Reply
#11: misterwhite To: Tooconservative (#9)
But he may have missed and the kid crashed because his ATV hit the curb and he lost control. If that's the case, then the cops walk and the parents deserve zilch.
misterwhite posted on 2017-09-02 18:38:05 Reply Private Reply
#12: Tooconservative To: misterwhite, nolu chan (#11)
It depends. Is the use of firearms and tasers against the law or is it just contrary to department policy?
He might be disciplined for violating department policy but that wouldn't be a criminal proceeding at all.
We need to know the law and the circumstances of the kid's joyride better.
I don't see anything in the article that says it is illegal for a cop to shoot a gun or a taser from a moving vehicle. What if you had some jerk driving around in a big truck with run-flat tires (that couldn't be easily disabled or run off the road) with a handgun just blasting away at pedestrians or other drivers? Local cops couldn't just shoot him because it is contrary to policy? I think not.
I think the cop violated policy, not the law. At least, that's my impression. Again, the article leaves a lot of gray space.
Tooconservative posted on 2017-09-02 18:46:58 Reply Private Reply
#13: misterwhite To: Tooconservative (#12)
You've seen what tasers do. Tasing someone on a bicycle, motorcycle, ATV or through the window of a car is bound to have disasterous effects. I mean, that's a no-brainer.
Supposedly a taser was used, but did it hit the teen? That's my question.
misterwhite posted on 2017-09-02 19:03:49 Reply Private Reply
#14: sneakypete To: Deckard (#0)
Uhhhhh,no. If the boy hadn't been knowingly illegally riding the atv on the highway and creating a dangerous situation for everybody else driving that day,none of this wouldn't have happened.
Should the cop be brought up on felony stupid Manslaughter charges? You bet your ass! Actual prison time in a REAL prison,and nothing less.
Damons sister Dezanique Grimes described her late brother as, an awesome kid, a gentleman, a sweetheart, a lovely young man. She said, He was getting good grades,
Uhhh,he was a "rising freshman at age 15" AND getting good grades? Maybe that was because it was the 2nd or 3rd time he was taking the same classes,and state law would only accept his death as an excuse to not pass him?
...he wasnt out here doing anything wrong
Well,yeah,he was. He was a moving traffic hazard,and a danger to everyone on the highway. He was also breaking the at leastt 3 laws. No drivers license,no license plates,and driving a vehicle that couldn't maintain the minimum speed.
but what all teenagers have been doing lately riding those two wheelers or four wheelers. Its not fair, hes only 15 and now his life is gone over a bike.
And HE shares the blame for that,along with the cop.
sneakypete posted on 2017-09-02 19:08:22 Reply Private Reply
#15: sneakypete To: misterwhite (#2)
He was responsible for all that and more,but HE was NOT responsible for that lunatic cop tazing him.
The cop has to bear the weight for that.
sneakypete posted on 2017-09-02 19:10:22 Reply Private Reply
#16: sneakypete To: Tooconservative (#7)
More than that. ATV's are expensive,and 15 year olds can't afford to buy them. It's not even legal for a 15 year old to buy one even if he has the money.
Then they failed to supervise him properly,making THEM complicit in his death.
sneakypete posted on 2017-09-02 19:13:54 Reply Private Reply
#17: sneakypete To: Tooconservative (#12)
How can it NOT be against the law to taze someone unless you are using it to protect yourself or someone else from imminent danger?
sneakypete posted on 2017-09-02 19:16:32 Reply Private Reply
#18: Tooconservative To: sneakypete (#17)
It is either against the law or it isn't.
I don't think it is.
A PD or state patrol may set policy. That is different than the legislature enacting criminal laws on the same subject.
There are so many things that can happen in real life that legislatures tend to stay away from micromanaging police decisions in a fluid enforcement situation.
PD policy may be no use of firearms or tasers from a moving vehicle but that doesn't mean there is a law that forbids it. Because you can always have circumstances on the street that legislators can't anticipate and where you have to give the officer some benefit of the doubt in using his own judgment. The legislators know this.
Tooconservative posted on 2017-09-02 20:41:42 Reply Private Reply
#19: A K A Stone To: misterwhite (#1)
A K A Stone posted on 2017-09-03 10:47:33 Reply Private Reply
#20: misterwhite To: A K A Stone (#19)
Stories change, don't they? And when they do, and I point it out, I'm a sack of shit, huh?
Why don't you stay away from the board until you have something to add?
misterwhite posted on 2017-09-03 10:58:38 Reply Private Reply
#21: A K A Stone To: misterwhite (#20)
A K A Stone posted on 2017-09-03 11:00:42 Reply Private Reply
#22: nolu chan To: Tooconservative, misterwhite (#12)
I do not see enough to form a firm opinion about what happened. It appears the cop fired he taser out the open passenger-side window. Whether he hit anything is not clear. The kid could have avoided the taser but, in doing so, drove into the back of a truck.
As far as I can determine, the death has been ruled an accident.
My best guess is that shooting a taser at someone operating a moving vehicle, in the absence of extreme exigent circumstance, would be reckless, and a resultant death likely to be manslaughter, unless justified. Did the yute's driving pose an imminent danger to others?
https://www.usatoday.com/story/news/nation-now/2017/08/29/michigan-state-trooper-taser-teen-death/611177001/
http://www.freep.com/story/news/local/michigan/detroit/2017/08/28/trooper-taser-teen-death-detroit/608105001/
https://www.usnews.com/news/best-states/michigan/articles/2017-08-31/vigil-for-teen-killed-while-fleeing-police-turns-to-protest
http://www.wzzm13.com/news/local/detroit/death-of-tasered-teen-who-crashed-atv-ruled-accident/469096259
nolu chan posted on 2017-09-05 17:29:20 Reply Private Reply
#23: Tooconservative To: nolu chan, misterwhite (#22)
white correctly raised the same issues.
Generally, an autopsy will reveal telltale puncture and electrical burn marks from a police-grade taser.
We still don't know how much of a hazard the yute posed to the public (pets, kids, etc.).
I dunno. What if the cop just pulled alongside and sounded an air horn or his loudspeaker, startling the kid into a crash?
I think they would have to prove he hit the kid with the taser. And that should show up on an autopsy from puncture marks surrounded by a small electrical burn at the microscopic level, if not visible to the naked eye.
Tooconservative posted on 2017-09-05 17:47:57 Reply Private Reply
#24: nolu chan To: Tooconservative, misterwhite (#23)
My thought is that a taser hit from a moving vehicle on a driver of a moving vehicle would likely rip clothes and skin. I do not imagine the cop car would stay within wire range as the kid came to a sudden stop.
Assuming a missed taser shot, it would be difficult for the kid's counsel to show that the kid even knew he was shot at by a taser.
That is certainly distinguishable from shooting him with a taser. A noise may startle him and could result in an accident. A taser would disable him and result in a certain loss of control of the vehicle. The driver would almost certainly fall off the vehicle if he didn't crash into something first.
nolu chan posted on 2017-09-05 18:03:19 Reply Private Reply
#25: Tooconservative To: nolu chan (#22)
I notice that the mother is "respectfully requests this Honorable Court enter judgment in his favor against Defendant and in an amount greatly in excess of Seventy-Five Thousand dollars ($75,000.00) exclusive of costs, interest and attorney fees."
So the papers are reporting it as a $50M lawsuit. I see the mother is asking to net a profit of $75K at minimum. And they may just pay her off.
Tooconservative posted on 2017-09-05 18:19:21 Reply Private Reply