HomeMy WebLinkAboutStaff Report 338-08City of Palo Alto
C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: POLICE
AUGUST 4, 2008 CMR:338:08
TASER UPDATE AND THIRD QUARTERLY REPORT
This is an informational report and no Council action is needed at this time.
DISCUSSION:
On May 7, 2007, the City Council approved the expenditure of Citizens Options for Public Safety
(COPS) funds (CMR:234:07) for the purchase of electronic control devices (TASERS), supplies,
and training in accordance with the TASER Task Force study.
In July 2007, staff purchased 100 TASER X-26s equipped with the TASER-CAM system. The
TASER-CAM is a digital audio/visual recording device which is affixed to the TASER X-26 and
allows for greater accountability as it records the activation of the device. Data from the TASER-
CAM is downloaded to a secure computer which stores records of deployments and activations.
In September 2007, staff finalized the TASER policy (CMR:368:07) according to the models of the
International Association of Chiefs of Police, Police Executive Research Forum, the California
Police Chiefs’ Association and current case lavg. The City Attorney and Independent Police Auditor
also reviewed the TASER policy.
Several of the Department’s Defensive Tactics Instructors attended the TASER instruc!or course, as
well as a nmnber of other use of force courses. These instructors developed a course curriculum
that included: nomenclature; TASER capabilities; Police Department TASER Policy; Use of Force;
Excited Delirium; Crisis Intervention Techniques and In-Custody Death Incident Response.
Additionally, officers went through a series of decision-making scenarios. Officers were evaluated
in the performance of these scenarios and were required to complete and pass all phases of the
training and written tests in order to be certified to carry the TASER. The training was 17 hours.
Members of the City Council, Human Relations Commission and the Independent Police Auditor
attended portions of this training. This quarter, the Police Department trained five newly hired
officers on the TASER and the subjects associated with TASER implementation and use.
CMR:338:08 Page I of 5
Defensive Tactics Instructors provided comprehensive training to Palo Alto Fire Department
Paramedics and EMTs on the TASER, Police Departmem procedures and possible injuries that
could result after a TASER application. Defensive Tactics Instructors also met with physicians and
staff at Stanford Medical Center Emergency Room.
On September 27, 2007, officers began carrying TASERS. As a pm-t of the reporting and
accountability system, the Police Department tracks whenever a TASER is drawn and pointed a~ a
subject (deployment), as well as when a TASER is used (activation). Any time that a TASER is
deployed or activated, the officer is required to advise their supervisor and ~an entry is made into the
Police Department’s Computer Aided Dispatch (CAD) system. Additionally, each officer’s
TASER-CAM is inspected after every activation. The data is also reviewed quarterly to ensure all
deployments and activations are reported. From September 27, 2007 through December 31, 2007,
there were a total of seven TASER deployments and one TASER activation (CMR: 130:08). From
January 1, 2008 through March 31, 2008, there were a total of 11 TASER deployments and one
activation. This quarter, April 1, 2008 through June 30, 2008, there were 12 TASER deployments
and no TASER activations
The following are summaries of TASER deployments that occurred between April 1, 2008 and June
30, 2008.
1)
2)
3)
4)
A woman called the Police Department advising that her son who was mentally ill had just
mn away from her in downtown Palo Alto. The Police Department received several other
independent calls about a subject acting strangely. Officers arrived in the area and located
the subject. Upon observing the officers, the subject laid down on the ground without being
ordered to do so. The white male adult claimed he was "Allah" and said he had a bomb in
his backpack. An officer drew his TASER while the subject was being handcuffed. The
subject was taken to Valley Medical Center for a 72-hour psychiatric evaluation.
Officers observed several subjects fighting in a parldng lot. An officer deployed his TASER
and gave arrest conunands. The Asian male adult and the Pacific Island male adult stopped
fighting and complied with the officers. The subjects were taken into custody for being-
drunk in public and booked at the Santa Clara County Main Jail.
A father called the Police Department to advise that his son was suffering a manic episode
and was yelling and brealdng items in the house. Officers an-ived and spoke with the subject
encouraging him to see a psychiatrist. The subject refused and said that he would resist if
the officers tried to take him for a mental evaluation. After several minutes, the subject tried
to evade the officers and an officer drew his TASER. When the subject observed the
TASER, he surrendered. The subject was taken to Valley Medical Center for 72-hour
psychiatric evaluation.
An officer observed two subjects fighting in a park. The officer approached the subject and
gave them arrest commands. The subjects, both white male adults, continued their
CMR:338:08 Page 2 of 5
aggressive behavior towards each other. The officer drew his TASER and the subjects
stopped fighting.
A citizen called the Police Department regarding suspicious circumstances at a gas station
which should have been closed for business. The reporting party found the gas station open,
with the lights on inside the business and money on the floor. Officers arrived to find a van
occupied in the rear of the business. Officers called the occupant of the van back to them
and one of the officers had his TASER drawn. The subject was detained and it was
determined that no crime had been committed. The officers released the occupant of the
van.
6)
7)
Officers responded to a call of a residential burglary in progress. The reporting party
advised that a strange truck was backed into his driveway and his flat-screen television was
i~’~ the bed of the truck. Officers responded to the scene and located the truck with the
victim’s television in the bed. Officers responded to the registered owner’s address in a
neighboring jurisdiction to determine who had possession of the vehicle. As one of the
subjects was walking out of the house, he ignored repeated commands to keep his hand out
of his sweatshirt pockets. Fearing that the subject may be trying to arm himself, officers
tried to remove the subject’s hands from his sweatshirt pockets. The Hispanic male adult
began resisting violently and an officer drew his TASER. The subject stopped resisting and
was handcuffed. He was booked on a $10,000 warrant. Detectives are currently
investigating this subject’s com~ection to a series of daytime residential burglaries on the
Mid-Peninsula.
A citizen called to report three subjects acting suspicious behind a closed commercial
business on a Saturday morning. The reporting party provided dispatchers with a
description of the occupants, vehicle and direction of travel as they left the area. The
reporting party noted that during the time that the subjects were behind the business, they
had covered the rear license plate with, a piece of cardboard. Officers responded into the
area and determined that there had been an interrupted burglary at the business. An officer
located the suspect vehicle and detained the driver; however, the other two suspects fled on-
foot. Another officer observed one of the Hispanic male adult suspects and gave him arrest
commands with his TASER deployed. The suspect complied with the commands and was
taken into custody. The other suspect was taken into custody later that day. All of the
suspects were arrested for burglary ahd an assortment of other charges.
An officer observed a subject leave a retail store with a large bulge under his shirt. The
officer had arrested the subject on .numerous occasions and was aware that he had been a
parolee. The officer asked the subject to stop but the subject refused and kept walking. The
officer commanded the subject to stop, and when the subject ignored his commands the
officer deployed his TASER. The subject then complied with the officer. The subject, a
white male adult, was taken into custody for petty theft with a prior as it was determined he
CMR:338:08 Page 3 of 5
had stolen a 1.75 liter bottle of Whiskey from the store. He was booked at the Santa Clara
County Main Jail.
9)Officers responded to a fight outside a bar downtown and located the subject. When
Officers gave him arrest commands the subject refused to .comply. An officer drew his
TASER and the subject, a Hispanic male adult, surrendered to officers. The suspect was
booked for being drunk in public.
10)Officers responded to a bus stop regarding a person who was yelling at people. As an
officer located and contacted the subject, he began yelling racial epithets, screaming and
crying. As the officer was alone, he drew his TASER but did not point it at the subject.
Another officer arrived and detained the subject, a Hispanic male adult. The subject was
taken to Valley Medical Center for a 72-hour psychiatric evaluation.
11)An officer observed a disturbance at a downtown bar. The subject, a white male adult, was
intoxicated and had just been ejected from the establishment when he became aggressive
and started to charge the bouncers. The subject swung at the bouncers and the officer drew
his TASER and gave arrest commands. The subject ran from the officer mad was taken into
custody a short distance away. He was booked for being drunk in public.
12)An officer was sitting in a marked patrol car at a City park writing a police report when a
subject walked up to her carrying a beer bottle. At a distance of less than three feet and
without any prm~ocation the subject threw the beer bottle directly at the officer. The officer
was able to turn away from the bottle and it impacted on her left side below her shoulder.
The officer got out of her car, advised radio and drew her TASER giving the subject arrest
commands. The subject complied with arrest commands and was taken into custody by a
second unit that arrived shortly after the officer requested assistance. The subject, a white
male adult, was booked at the Santa Clara County Main Jail for assault with a deadly
weapon on a police officer.
Staff will continue to monitor TASER deplo3a~aents and activations and report to Council on a-
quarterly basis.
Council has received numerous articles about TASER use by several members of the community.
Attached is a Eopy of an interim report on TASERS completed by the U.S. Department of Justice,
National Institute of Justice. The report describes a study of deaths following electro muscular
disruption.
ATTACHMENT
National Institute of Justice Interim Report
CMR:338:08’Page 4 of 5
PREPARED BY:
DENNIS BURNS
Assistant Police Chief
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
LYNN~ JOHNS (J}q t~
Police Chief
STEVE EMS~ and ~LLY MO~
Deputy City Managers
CMR:338:08 Page 5 of 5
U.S. Department of Justice
Office of Justice =Programs
810 Seventh Street N.W.
Washington; DC 20531
David W. Hagy
Director, National Institute Of JUstice
This and other publications and products of the National Institute
of Justice can be found at: ~
National Institute of Justice
www. ojp, usdoj, gov/nij
Office of Justice Programs
Innovation o Partnerships o Safer Neighborhoods
www. ojp. usdoj, go v
JUN. 08
St~d}~ of Deaths Following EIe~}t~’o ~!~asou~ar
David W. Hagy
Director, National Institute of Justice
Findings and conclusions of the research reported here are those of the authors and do not
reflect the official position and policies of their respective organizations or the U. S. Department
of Justice.
The products, manufacturers and organizations discussed in this document are presented for
informational purposes only and do not constitute product approval or endorsement by the
U. S. Department of Justice.
The National Institute of Justice is a component of the Office of Justice Programs, which also
includes the Bureau of Justice Assistance; the Bureau of Justice Statistics; the Community
Capacity Development Office; the Office forVictims of Crime; the Office of Juvenile Justice and
Delinquency Prevention; and the Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking (SMART).
ACKNOWLEDGMENTS
The National Institute of Justice gratefully acMaowledges the following individuals. Their
information, insight and knowledge benefited the development of this Interim Report.
Geoffrey P. Alpert, Ph.D.
Department of Criminology and Criminal Justice
University of South Carolina
Cynthia Bit, Ph.D.
Department of Biomedical Engineering
Wayne State University
William Bozeman, M.D.
Depart~nent of Emergency Medicine
Wake Forest University
Mid~ael Cao, M.D.
Keck School of Medicine
University of Southern California, Los Angeles
Theodore C. Chan, M.D.
Department of Emergency Medicine
University of California, San Diego
Steve Clark, Ph.D
National Association of Medical Examiners
Jotm D’Andrea
Joint Non Lethal Weapons Directorate
Department of Defense
Jason Disterhoft
Amnesty International, USA
John Firman
Research Center
International Association of Cl-~iefs of Police
John E. Gardner
EMS Division Chief
Miami-Dade Fi~’e Rescue
Alan Goldberg
Captain
Montgomery County, Maryland, Police
Department
Jeffery Ho, M.D.
Department of Emergency Medicine
Hem~epin County Medical Center
Anita C. Hege, R.N.
Department of Emergency Medicine
Wake Forest U~iversity iii
John Kenny, Ph.D.
Institute for Non-Lethal Defense Tecl~ologies
Pennsylvania State University
David A. Klinger, Ph.D.
Department of Criminology and Criminal Justice
University of Missouri-St. Louis
Mark W. KrolI, Ph.D.
Board of Directors
TASER® International
Phil Lynn
National Policy Center
International Association of Chiefs of Police
Charlie Mesloh, Ph.D.
Weapons and Equipment Research Institute
Florida Gulf Coast University
Christopher Mumola
Office of Justice Programs
Bureau of Justice Statistics
U.S. Department of Justice
Javier Sala Mercado, M.D., Ph.D.
School of Medicine
Wayne State Urdversity
Richard J. Servatius, Ph.D
Graduate School of Biomedical Sciences
New Jersey Medical School
Rick Smith
Chief Executive Officer
TASER® International
Gary M. Vilke, M.D.
Department of Emergency Medicine
University of California, San Diego
John G. Webster, Ph.D.
Department of Biomedical Engineering
University of Wisconsin
Chuck Wexler
Executive Director
The Police Executive Research Forum
PANEL MEMBERS
STUDY OF DEATHS FOLLOWING ELECTRO MUSCULAR DISRUPTION
STEERING GROUP
Jol-m c. Hunsaker III, M.D, J.D, - Co-Chair
Associate Chief Medical Examiner
Commonwealth of Kentucky
Representing the National Association of Medical Examiners
Jotm Morgan, Ph.D. - Co-Chair
Deputy Director for Sdence and Tecl’mology
National hlstitute of Justice
Harlan Amandus, Ph.D.
Supervisory Research Epidemiologist
National Institute for Occupational Safety and Health
Representing the Cen ters for Disease Control
Wendy M. Gmather, M.D., FCAP
Assistant Chief Medical Examiner
OCME, Tidewater District, Norfolk, Virginia
Representing the College of American Pathologists
CARDIOLOGY
Lisa Gleason, M.D.
Capt, MC, USN
Department Head Cardiology
Electrophysiology Specialist
Naval Medical Center, San Diego
EMERGENCY MEDICINE
William P. Bozeman, M.D. FACEP, FAAEM
Associate Professor, Associate Research Director
Department of Emergency Medicine
Wake Forest University
PATHOLOGY
J. Scott Denton, M.D., AP, CP, FP
Coroner’s Forensic Pathologist
Bloomington, Illinois
Assistant Professor of Pathology
Rush Department of Pathology and
University of Illinois Medical School at Peoria
Rand), Hanzlick, M.D., AP, FP
Chief Medical Exan@~er
Fulton County, Georgia
Professor of Forensic Pathology
Emory School of Medicine
Mark Flomenbaum, M.D., PhD., AP, FP
Associate Professor of Pathology and Laboratory Medicine
Boston University School of Medicine
William Oliver, M.D., AP, CP, FP
Regional Medical Exan~ner
Georgia Bureau of Investigation
Lakshmanan Sathyavagiswaran, M.D., FRAP, FACP, FCAP, ABP,
ABIM
Chief Medical Examiner-Coroner
County of Los Angeles, California
Clinical Professor of Pathology and Medicine,
USC Keck School of Medicine
Clinical Professor of Pathology, UCLA Geffen School of Medidne
TOXICOLOGY
Yale H. Caplan, Ph.D., DABFT
National Scientific Services
Baltimore, Maryland
iv
CONTENTS
Background ........................; ..........................................................................................................................................1
Study Methodology .....................................................................................................................................................2
Findings ........................................................................................................................................................................3
Post-Event Medical Care ...........................................................................................................................................5
Considerations for the Death Investigation ...........................................................................................................6
Glossary of Terms ......................................................................................................................................................8
Selected References ....................................................................................................................................................10
BACKGROUND
During the three years from 2003 through 2005, 47 states and the District of Columbia reported 1,095
arrest-related deaths proximal to law elfforcement’s use of force. For many years police leaders have
sought alternatives to lethal force and better methods to subdue individuals to limit injuries and death.
Less-lethal technologies have been used in law enforcement for this purpose extensively since the early
1990s. In recent years, electro-muscular-disruption (EMD) technology, also known as conducted energy
devices (CEDs), have become the less-lethal weapon of choice for a growing number of law enforcement
agencies. CED uses a high-voltage, low-power charge of electricity to induce involuntary muscle
contractions that cause temporary incapacitation.
Industry reports suggest some 11,500 law enforcement agencies have acquired CEDs. Approximately
260,000 EMD devices are deployed in the operational environments of law enforcement agencies. Studies
undertaken by law enforcement agencies deploying CED indicate reduced injuries to officers and
suspects resulting from use of force encounters and reduced use of deadly force. However, a significant
number of individuals have died after exposure to a CED. Some were normal healthy adults; others were
chemically dependent or had heart disease or mental illness.
The leading manufacturer of CEDs is TASER® International of Scottsdale, Ariz. In 2003 TASER
International introduced the TASER X26®. The X26 model is the prevailing conducted energy device
being acquired by law enforcement today. Other CEDs have been used in incidents in which a death
occurred, including the TASER M26~, other stun guns and shields.
These deaths have given rise to questions from law enforcement and the public regarding the safety of
CEDs. Because many gaps remain in the body of knowledge with respect to the effects of CEDs, the
National Institute of Justice (NIJ), the research, development and evaluation agency of the U.S.
Department of Justice, has undertaken a study, Deaths Following Electro Muscular Disruption, to address
whether CEDs can contribute to or cause mortality and if so, in what ways.
STUDY METHODOLOGY
The study is directed by a steering group with representation from NIJ, the American College of
Pathologists, the Centers for Disease Control and Prevention, and the National Association of Medical
Examiners. To support the study, the steering group appointed a medical panel composed of physicians,
medical examiners, and other relevant specialists in cardiology, emergency medicine, epidemiology,
pathology and toxicology.
In formulating the interim findings reported here, the panel conducted mortality reviews of CED-related
deaths and reviewed the current state of medical research relative to the effects of CED. Mortality reviews
have included analysis of autopsy and toxicology results, findings from the scene investigation, post-
exposure symptomatology, post-event medical care, and the extent of natural disease presented in a
decedent, if m~y. This report contains recommendations concerning death investigation arising from the
mortality reviews conducted by the panel and a review of currently available research. The panel
examined the currently recognized causes of sudden deaths, chiefly physical, cardiac, pulmonary,
metabolic and thermoregulatory mechanisms. The medical panel has also consulted stakeholders such as
human rights groups., law enforcement professionals, research scientists and manufacturers of CEDs.
Many aspects of the safety of CED teclmology are not well-known, especially with respect to its effects
when used on populations other than normal healthy adults (i.e., at-risk individuals). A significant
number of relevant studies are now under way, including studies involving healthy adults, animals and
field exposures during actual use-of-force incidents. Additional research is needed to improve the
understanding of how CEDs function, their effect on at-risk individuals, complicating medical conditions
and related aspects of CED exposure. This report provides a consensus view of the panel members from a
complete review of the available, peer-reviewed research literature and extensive information concerning
the use of CEDs in the field. The findings have been limited to those conclusions that can be reached
based on current understanding. The panel will continue to examine new research and case studies of
deaths proximate to the use of CED.
FINDINGS
Although exposure to CED is not risk free, there is no conclusive medical evidence within the state of
current research that indicates a high risk of serious Injury or death from the direct effects of CED
exposure. Field experience with CED use indicates that exposure is safe in the vast majority of cases.
Therefore, law enforcement need not refrain from deploying CEDs, provided the devices are used in
accordance with accepted national guidelines. (For example: Electronic Control Weapons, a model policy of
the International Association of Chiefs of Police.)
The potential for moderate or severe injury related to CED exposure is low. However, darts may cause
puncture wounds or burns. Puncture wounds to an eye by a barbed dart could lead to a loss of vision in
the affected eye. Head injuries or fractures resulting from falls due to muscle incapacitation may occur.
CEDs can produce secondary or indirect effects that may result in death. Examples include deploying a
device against a person who is in water, resulting in drowning, or against a person on a steep slope
resulting in a fall or ignition risk resulting from deployment near flammable materials such as gasoline,
explosives or flarrtmable pepper spray that may be ignited by a spark from a device.
There is currently no medical evidence that CEDs pose a significant risk for induced cardiac dysrhythmia
when deployed reasonably. Research suggests that factors such as thin stature and dart placement in the
chest may lower the safety margin for cardiac dysrhytl~nia. There is no medical evidence to suggest that
exposure to a CED produces sufficient metabolic or physiologic effects to produce abnormal cardiac
rhythms in normal healthy adults.
Research shows that human subjects maintain the ability to breathe during exposure to CED. Although
there is evidence of hyperventilation in human subjects immediately following CED exposure, tl-~ere is no
medical evidence of lasting changes in respiratory function in human subjects following exposure to
CED.
CED technology may be a contributor to "stress" when stress is an issue related to cause of death
determination. All aspects of an altercation (including verbal altercation, physical struggle or physical
restraint) constitute stress that may represent a heightened risk in individuals who have pre-existing
cardiac or other significant disease. Current medical research suggests that CED deployment is not a
stress of a magnitude that separates it from the other components of subdual.
Excited delirium is one of several terms that describe a syndrome characterized by psychosis and agitation
and may be caused by several underlying conditions. It is frequently associated with combativeness and
elevated body temperature. In some of these cases, the individual is medically unstable and in a rapidly
declining state that has a high risk of mortality in the short term even with medical intervention or in the
absence of CED deployment or other types of subdual.
Excited delirium that requires subdual carries with it a high risk of death, regardless of the method of
subdual. Current human research suggests that the use of CED is not a life-threatening stressor in cases of
excited delirium beyond the generalized stress of the underlying condition or appropriate subdual.
FINDINGS
In many cases of excited delirium, high body temperature is the primary mechanism of death. There is no
medical evidence that exposure to CED has an effect on body temperature.
The purported safety margins of CED deployment on normal healthy adults may not be applicable in
small children, those with diseased hearts, the elderly, those who are pregnant and other at-risk
individuals. The effects of CED exposure in these populations are not clearly understood and more data
are needed. The use of a CED against these populations (when recognized) should be avoided but may be
necessary if the situation excludes other reasonable options.
Studies examining the effects of extended exposure in humans to CED are very limited. Preliminary
review of deaths following CED exposure indicates that many are associated with continuous or repeated
discharge of the CED. The repeated or continuous exposure of.CED to an actively resisting individual
may not achieve compliance, especially when the individual may be under drug intoxication or in a state
of excited delirium. The medical risks of repeated or continuous CED exposure are unknown and the role
of CEDs in causing death is unclear in these cases. There may be circumstances in which repeated or
continuous exposure is required but law enforcement should be aware that the associated risks are
unknown. Therefore, caution is .urged in using multiple activations of CED as a means to accomplish
subdual.
All CED use should conform to agency policies. The decision to use a CED or another force option is best
left to the tactical judgment of trained law enforcement at the scene.
POST-EVENT MEDICAL CARE
Medical evaluation is not mandatory after all CED exposures. Individuals who have been exposed to
CEDs may suffer injuries. Appropriate medical care should be provided if this is suspected, especially
when probes penetrate vulnerable areas of the head, face, neck, genitals, or female breast regions or in
cases of injury from falls, burns or other trauma. In most cases, probes embedded in the skin may be
removed by properly trained medical or law enforcement persolmel in accordance with local protocols.
Medical care should be provided when probes are located in the vulnerable areas noted above or if there
is concern for underlying injuries.
Underlying medical conditions may be responsible for behavior that requires subdual by law
enforcement, including the use of CEDs. Abnormal mental status in a combative or resistive subject may
be associated with a risk for sudden death. This should be treated as a medical emergency. In these cases,
medical providers are encouraged to assess body temperature and obtain and retain blood samples and
an electrocardiogram as early as possible. If needed, cooling, sedation and hydration should be provided
as soon as possible. Emergency medical services protocols specifying these interventions may be useful.
Sudden lack of responsiveness may occur at any time and may indicate a medical crisis~ Therefore,
individuals should be monitored for changes in condition. Those reporting illness or suspected of having
significant medical or psychiatric conditions should be provided with appropriate medical care.
Darts and clothing removed during medical care should be retained for investigative purposes and
handled as evidence. When removing embedded darts, care should be taken to avoid exposure to
bloodborne pathogens. Detailed records of treatment should be maintained.
CONSIDERATIONS IN DEATH INVESTIGATION
When a death occurs following deployment of a CED by law enforcement perso~el who are subduing,
restraining or apprehending a subject, the death will be investigated by the appropriate medical
examiner’s or coroner’s office as an in-custody death. Because deaths following CED deployment involve
somewhat typical scenarios and complex and predictable issues, the death investigation needs to include
consideration of information that may not be gathered in a routine death investigation or in a typical in-
custody death investigation. It is not the intent of this Interim Report to provide a comprehensive
checklist of tasks that should be performed. Rather, the most crucial areas of helpful information are
outlined below.
The information needed for investigation of death following CED use will need to be collected by death
investigators from multiple sources and in consultation with the medical examiner or coroner who has
ultimate responsibility for the case. Further, the forensic pathologist who performs the autopsy will need
to be provided such information for review. Information obtained from the autopsy examination may
trigger or require additional investigation. The forensic pathologist who performs the autopsy is an
integral part of the investigative team.
The following information can be useful in establishing facts and should be considered during .the death
investigation:
a.A timeline of all events with attempts to verify, to the extent possible, the accuracy of the dates and times
of reported events, with specific emphasis on the interval between CED use, unresponsiveness, and death.
b.Clarification as to whether the CED was used in drive stun and/or cartridge mode(s).
c.Recent activities of the subject prior to the incident.
d.The emotional state of the subject.
e.The subject’s medical conditions determined by medical history taking, medical record review and
medical conditions determined at autopsy.
f.The subject’s drug use history including both prescription and illicit drugs as well as alcohol.
g.Specific inquiry into the subject’s cardiac history including review of any electrocardiograms or other
cardiac function or laboratory tests that have been performed in the past.
h.Specific inquiry to the subject’s seizure history to rule out history of seizures or to clarify the nature of a
past seizure disorder. ~
i. Review of witness accounts, police reports, use of force reports, emergency medical services records,
medical and psychiatric records, sand any videos, photographs or digital images of the events.
j.When possible, darts should not be removed from the decedent’s body or clothing
k.Measur6 and document body and ambient temperature taken at the scene and other locations such as the
hospital.
1.If death occurs after arrival at a hospital, obtain blood drawn upon arrival at the hospital so it may be
tested for intoxicants, if needed.
m. Review information downloaded from the CED with special emphasis on number sa~d duration of
discharges over the time interval involved.
n.hwestigate the subject’s place of residence and recent activities to determine if additional medical history
or evidence of drug use exists. This may require the coordination of the medical examiner/coroner with
law enforcement.
CONSIDERATIONS IN DEATH INVESTIGATION
Assuming that the investigation and autopsy are performed and documented/report,ed in accordance
with NIJ’s Guide for the Death Scene hTvestigator and the National Association of Medical Examiners’
Forensic Autopsy Performance Standards, additional information and procedures that may be helpful are:
a.Performance of a complete autopsy of the scope usually performed for deaths in custody.
b.Comprehensive postmortem toxicology, specifically including tests for alcohol, nervous system stimulants,
common drugs of abuse, anti-seizure drugs, and therapeutic drugs often prescribed for psychiatric disorders.
c.Measurement of the thickness of the anterior chest wall from the skin to the rear of thepre-pericardial sternum at
intercostal space between the left fourth and fifth ribs.
d.Measurement of the thickness of clothing in the area(s) where CED darts or prongs were applied.
e.Documentation of the CED dart’s barb length(s).
f.Consideration of tmusual or atypical current flow paths, such as body to gromad, body to water, body to metal,
etc.
g. Detern~ination of the nature of m~y other forms of subdual or restraint that were employed in the case in
question.
h.Utilization of appropriate consultants such as cardiologists, cardiac pathologists, and neuropathologists as
needed.
The medical examiner’s or coroner’s office conducting the death investigation will ultimately be
responsible for certifying the cause and manner of death. This Interim Report does not include guidelines
for such certifications.
GLOSSARY OF TERMS
Cardiac Mechanisms
The ways the heart can fail when injured or sick.
Conducted Energy Device (CED)
A weapon primarily designed to disrupt a subject’s central nervous system by means of deploying
electrical energy sufficient to cause uncontrolled muscle contractions and override an individual’s
voluntary motor responses.
Darts
Projectiles that are fired from a CED and penetrate the skin; wires are attached to the probes leading back
to the CED.
Dart (Barb) Removal
The act of removing a probe from a person’s body or clothing.
Deployment
Sendil~g CED devices into the field with law enforcement officers.
Duration
The aggregate period of time that CED shocks are activated.
Dysrhythmia
Any disturbance or irregularity of the heartbeat.
Electrocardiogram
A graphic produced by an electrocardiograph, which records the electrical activity of the heart over time.
Electro Muscular Disruption
Effect CED has on the body. Overrides the brain’s communication with the body and prevents voluntary
control over the muscles.
Excited Delirium
State of extreme mental and physiological excitement, characterized by extreme agitation, hyperthermia,
euphoria, hostility, exceptional strength and endurance without fatigue.
Hyperventilation
Breathing faster and/or deeper than normal, thereby reducing the amount of carbon dioxide, or CO2, in
the blood to below normal.
Less Lethal
A concept of plaruaing and force api~lication that meets an operational or tactical objective, with less
potential for causing death or serious injury than conventional, more lethal police tactics.
Less-Lethal Weapon
Any apprehension or restraint device that, when used as designed and intended, has less potential for
causing death or serious injury than conventional police lethal weapons.
Metabolic Mechanisms
The ways the metabolism can fail when injured or sick.
Physical Mechanisms
The way in which illness or injury can compromise heart/lung function or put body metabolism at risk.
Pulmonary Mechanisms
The way in which lung functioh can be compromised by injury or sickness.
Respiratory
Relating to the act or process of inhaling (breathing in) and exhaling (breathing out); breathing, also
called ventilation.
Restrain
To control, limit, or prevent movement.
Restraint
A device that restricts movement.
Sensitive Areas
A person’s head, neck, and genital area, and a female’s breast areas.
Standard cED Cycle
A 5-second electrical discharge occurring wheia a CED trigger is pressed and released. The standard 5-
second cycle may be shortened by turning the CED off. (Note: If a CED trigger is pressed and held
beyond 5 seconds, the CED will continue to deliver an electrical discharge until the trigger is released.
Subdual
To bring under control.
Symptomatology
The combined symptoms of a disease: the symptom complex of a disease.
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13
About the National institute of Justice
NIJ is the research, development, and evaluation agency of the U.S, Department of Justice, NIJ!s
mission is to advance scientific research, development, and evaluation to enhance the adminis-
tration of justice and publ.ic safetyt NIJ’s principal authorities are derived from the Omnibus
Crime Control and Safe Streets Act of 1968, as amended (see 42 U.S.C. §§ 3721-3723).
The NIJ Director is appointed by the President and confirmed by the Senate.The Director estab-
lishes the I nstitute’s objectives, guided by the priorities of the Office of Justice Programs, the
U.S, Department of Justice, and the needs of the field.The Institute actively solicits the views of
criminal justice and other professionals and researchers to inform its search for the knowledge
and tools to guide policy and practice.
Strategic Goals
NIJ has seven strategic goals grouped into three categories:
Creating relevant knowledge and tools
1. Partner with State and local practitioners and policymakers to identify social science research
and technology needs.
2. Create scientific, relevant, and reliable knowledge--with a particular emphasis on terrorism,
violent crime, drugs and crime, cost-effectiveness, and community-based efforts--to enhance
the administration of justice and public safety.
3,Develop affordable and effective tools and technologies to enhance the administration o’f
justice and public safety.
Dissemination
4,Disseminate relevant knowledge and information to practitioners and policymakers in an
understandable, timely, and concise manner.
5,Act as an honest broker to identify the information, tools, and technologies that respond to
the needs of stakeholders.
Agency management
6. Practice fairness and openness in the research and development process.
7, Ensure professionalism, excellence, accountability, cost-effectiveness, and integrity in the
management and conduct of NIJ activities and programs.
Program Areas
In addressing these strategic challenges, the Institute is invdlved in the following program areas:
crime control and prevention, including policing; drugs and crime; justice systems and offender
behavior, including corrections; violence and victimization; communications and information
technologies; critical incident response; investigative and forensic sciences, including DNA; less-
than-lethal technologies; officer protection; education and training technologies; testing and
standards; technology assistance to law enforcement and corrections agencies; field testing of
promising programs; and international crime control.
In addition to sponsoring research and development and technology assistance, NIJ evaluates
programs, policies, and technologies, NIJ communicates its research and evaluation findings
through conferences and print and electronic media,
To find out more about the National
Institute of Justice, please visit:
http://~v.ojp.usdoj.gov/nij
or contact:
National Criminal Justice
Reference Service
P.O. Box 6000
Rockville, MD 20849-6000
800-851-3420
http://va~44.ncjrs.gev