SHORT STORY: Officers responded to a radio call about a man breaking windows with a skateboard. Officers saw the broken window and observed the suspect walking and saw him swing the skateboard at a store window. Officers exited their vehicle and ordered the suspect to get on the ground. The suspect mounted his skateboard and skated away. The officers returned to their vehicle and followed the suspect. He would periodically fall off his skateboard, then get back on and continue down the street. When the suspect fell, Officer A, believing they had an opportunity to seize the skateboard, stopped the vehicle and told Officer B to grab it. Officer B exited the vehicle and ran toward the skateboard. So did the suspect. Officer A saw that Officer B was going to lose the race and feared the suspect would use the skateboard against his partner. He exited the vehicle and ran towards them. Officer B drew his pistol and ordered the suspect not to pick up the skateboard. Officer A arrived from the rear and grabbed suspect in a bear hug before he could pick up the skateboard. Officer B holstered. Suspects hands were under his body and the officers struggled with him to get his hands out and in cuffs. The officers eventually used blows to no effect. Officer A told Officer B to use the TASER. Officer B did so several times with no result. Officer A broadcast a help call. Officer A was exhausted. Officer B, seeing that the TASER was having no success decided to grab the suspects legs. He could not holster the TASER because the holster was on his side that was on the ground. He placed the TASER up on a step and grabbed the suspect’s legs with his legs to try and control his kicking and tried to control one of the suspects arms. The suspect managed to get control of the TASER and started TASERing Officer B. Officer A heard Officer B screaming and shaking as well as hearing the TASER fire. Officer A felt his partner was incapacitated and being seriously injured along with the possibility that the suspect would be able to get Officer B’s gun because he could not see the suspect’s hands. Officer A drew his weapon, ordered the suspect to drop the TASER, and when he did not, he fired one round into the suspect’s back. The suspect ceased struggling. BOPC FINDINGS: AD on Tactics and AD on U of F: Tactics: (1) did not wait for additional resources before making contact with the suspect; (2) failed to properly maintain control of the TASER; (3) additional considerations: (a) unnecessary spark test; (b) rib cage and back TASER application not best, should be arm, thigh, or calf; (3) no hobble or baton on person. U of F: it was not reasonable to believe that the suspect’s actions presented a threat of imminent death or serious bodily injury.
