January 25, 2012--Colton, CA--a 43-year-old man is dead after being tasered repeatedly by police, and family members claim that the officers used excessive force in subduing the man.
Hutalio Serrano was "acting strangely," according to relatives who say the man was "wandering" down the street and mumbling to himself. They called the police, who arrived about 5:15 p.m.
After that, the facts become less clear. Witnesses say that several officers tasered Serrano four or five times while he screamed and pleaded for them to stop. Officers say that it took a great amount of force to subdue Serrano, who was finally handcuffed and arrested. However, the officers have not made any further comment or explained any more about the incident.
Once police transported Serrano to the station, they realized he was having a medical emergency and sent him to the hospital, where he died an hour later of undisclosed complications. An autopsy will be performed this week to determine the cause of death.
My heartfelt condolences go out to Mr. Serrano's family and friends in the loss of their loved one.
Accident Statistics
While tasers have been hailed as a less-violent solution to using firearms to stop suspected criminals, there is a degree of risk in their use, as well. More than 180 people have died as the result of the use of tasers by police officers since 2006, although the Department of Justice claims that the vast majority of those tasered suffered no ill effects. People who already have medical issues are more likely to suffer negative reactions to tasers, and some may even suffer life-threatening complications.
What Happened in this Accident
While it is clear from witnesses' statements that the police were called by family members and help was requested, something happened which made the police feel that Serrano was a threat. The fact that more than one officer tasered him leads to the conclusion that he said or did something which caused the officers to view him as threatening their safety or the safety of others.
On the other hand, tasers are only supposed to be used in cases of imminent harm to a person or property, so why they were used in this incident remains to be seen. It is hardly likely that Serrano was able to validly threaten family members with the police standing by, and he does not seem to have been armed.
Until the facts of the case and the results of the autopsy are revealed, it will be difficult to determine why the officers felt they had to taser this man. The officers' and department’s silence is also a problematic factor, in that it may lead people to believe that there is some type of “cover up” brewing.
Liability Issues
Serrano's family may indeed have a case against the officer or officers who tasered him, although police do enjoy a certain amount of limited protection from liability in the course of their jobs. This immunity can, however, be lifted in the police officer acts outside the scope of his or her duties. Until the facts are clear in this case, it will be difficult to determine if liability can be attached to the police or department for the officer’s actions.
Contacting A Skilled Personal Injury Lawyer
The family of Hutalio Serrano would be well advised to speak with experienced San Bernardino personal injury lawyers who can help to ensure that justice is served.
