.jpg)
The Taser: a handy substitute for a firearm, not a
hammer in a world full of nails.
Related: "Sheriff denounces Tasering of woman in traffic incident"
Related: "Dashcam video shows officer Tasering 72-year-old woman"
In the wake of last week's story about the Tasering of 72-year-old Kathryn Winkfein because she wouldn't sign a speeding ticket, I've heard from more than a few readers who want to dispute or clarify certain points I made about the case. Some of the notes have been helpful, others have been tendentious, but none have changed the fundamental issue: Police officers can't go around zapping little old ladies -- or anybody else -- with potentially dangerous doses of electricity because they won't touch pen to paper.
First, thanks to the folks who tell me that Texas law does, in fact, require that motorists sign their speeding tickets or get hauled off to jail. This distinguishes Texas law from the law in other states where signatures are sought by police officers, but not required by law.
"So, when the woman refused to sign the ticket," wrote one correspondent, "the officer had little choice but to place her under arrest."
Well ... maybe.
Here's the deal: Saying "the law made me do it" is a cop-out. The fact is, Tasering an old lady -- that is, shooting her with metal barbs and then running electricity through her body to disrupt her nervous system -- in order to effect her arrest for refusing to sign a speeding ticket that has already been issued is barbaric. The woman had committed only a traffic violation and posed no obvious threat to anybody's life, liberty or property. That this isn't eactly an obscure point is apparent from Precinct 3 Constable Richard McCain's rather lame defense of his deputy's action, saying Winkfein used profanity and grew combative.
Seriously, just walk away and let the ticket work its way through the courts. Maybe the letter of the law dictates otherwise, but the law doesn't absolve us of moral responsibility for our actions. If following the law in the most literal sense has horrible consequences, good sense says you exercise personal discretion. In fact, psychologists say that we're not fully mature until we get beyond the idea of the law as the final word and apply individual moral judgments.
I say zapping Winkfein was "barbaric" because a Taser isn't a full-fledged substitute for a phaser set on stun. Some readers have taken issue with Amnesty International's claim that "[s]ince June 2001, more than 351 individuals in the United States have died after being shocked by police Tasers."
Fair enough. So what about the study released at a Heart Rhythm Society conference that said that Tasers can interfere with pacemakers (some older folks have those, you know)? Or what about the research paper prepared for the Canadian Broadcasting Corporation (PDF) that found that some Tasers give an even bigger jolt than intended, with resultingly higher risks to the proper function of the heart? Mutiple jolts from even properly functioning Tasers have been found to be lethal in some circumstances.
This isn't to say that Tasers are necessarily evil and should be banned. In their original role, as alternatives in situations that would otherwise require the use of a firearm, they have great promise. In a situation requiring officers to, for example, subdue a psychologically troubled person who is armed with a knife, a Taser is much more likely to leave everybody breathing at the end of the day than is a firearm. But it's a less-lethal device, not a non-lethal device, and shouldn't just be used on people who haven't dotted all the "I"s in some procedural requirement of the law.
There is no excuse for Tasering Kathryn Winkfein.
email J.D.: civilliberties (at) tuccille.com
You might also enjoy these:
Civil Liberties Examiner is now on Facebook!
Or follow the latest civil liberties news on Twitter: Libertywriter
Comments
Well, people should not take jobs they cannot handle. If that officer was not mentally or physically capable of dealing with the dangers and stresses of a piece of unsigned paper (the lady, young or old, was completely irrelevant, unless she showed signs of pulling a gun or something), and if he is not an independent enough of a thinker to realize that no ink on paper is NOT a life threatening situation to him or anyone else, then he needs to find a job where his thinking powers will be less taxed, and he will encounter less fearful situations. And it is doubtful that a discussion of MORALITY would even be within his grasp. He is the epitome of what The State needs and wants in all of it's property, I mean citizens: people who will unthinkingly do what the Mommy/Daddy State says, and do it NOW. No questions permitted.
What a wimp this cop must be if he is unable to arrest a frail 72 year old woman without resorting to using the taser. Was she really that much of a threat to a man who is much larger and (I would hope) physically stronger and trained in unarmed combat? Cops reach for their weapons, be it a taser, a firearm or a baton, far to early and far too often these days. They are assigning a threat level that far exceeds the actual threat to many of the people they stop. They need to be trained better to know who actually poses a threat that warrants giving them an ass whooping or a tasering and who doesn't.
Wow....It always amazes me that people make comments on situations when they were not there. I say to you all....Put on a badge and get on the streets....deal with people every day that HATE the police....liars, drunks, drug addicts, racist, and every other type are out there among the good people of society. After 16 years in Law Enforcement I've seen most of it....How many of you--if your honest--would work a job that pays low and subjects you to possible death and injury? How many of you would go into the dark alleys or buildings when they have been broken into? I have been assaulted by people as young as 14 years old up to over 80 years old within seconds of seeing them....You never know what people will do NO MATTER THEIR AGE!!!! I will not judge what the officer did because I was not there....and neither should anyone else....Tazers are a very useful part of our jobs....Situations and experience dictate actions.....
Our sympathy for the poor underpaid policeman has created a monster! We are told that if we expect the police , on the public tax roles, to at least be respectful to the taxpayers, we won't get anyone to do the job! Think of the perks-- immunity for anything done to the taxpayers including killing them! (just say "I felt threatened") immunity for their familys (no traffic tickets no matter what they do, the innocent taxpayer is charged!, Secrecy for themselves and familys and the right to invade the privacy of any taxpayer (and use or sell the info gained) The right of self defense and to carry guns anywhere even if convicted for a crime. (never happens to cops) Immunity to tell lies under oath ( supreme court decision : cops need to lie to get a conviction)(part of their job) The decision also goes on to say the jury is to be told of this immunity, did you ever hear a judge allowing this? Even a cop's DOG has more rights than a citizen! Here the DA gets to pick the jury pool,
"In their original role, as alternatives in situations that would otherwise require the use of a firearm, they have great promise."
Logically then, if the officer had forgotten his taser he would have had to shoot her.
Lee, I have a pacemaker/defibrillator installed, if you were going to tase me, I would have no choice but to try to kill you. And I would try. All your whining about how you are in danger with your gun, taser, baton, mace, radio for back-up and immunity from any stupid or criminal thing you might do, would make no difference. I would not easily accept your roadside death sentence of me. Same for the gynecologically enhanced Constable McCain.
It sounds like Lee is someone who never should have been a cop. Cops with that attitude are the problem, not the solution. I saw the film clip on Fox - the woman got out of her car. That appears to be a "red flag" to officers, but frankly it was obvious that she posed no threat. It's true that you never know what someone is going to do--- with that rationale, just taser everyone. Hey, or shoot first and ask questions later.
There have been increasing reports of taser injuries and death. It is abundantly obvious that the use of tasers needs to be re-examined by police departments nationwide.
This cop should have the taser inserted into a body orafice and left in the on position for a long time. If a cop uses too much force that is called exessive force, if it goes high enough it is assault. Using a taser on a 72 yo femail senor who it could very easily kill as it is well know alot of non seniour aged men have been killed from the taser, ,,, this is actually atempted murder. This so called cop should be convited for that.
The taser is supposed to be an alternative to using the gun. It is NOT a torture device to inflict exruciating pain on someone who poses no threat to your life in order to get them to do what you want them to do.
The video I saw did not show someone being Tasered for refusing to sign a ticket. She was told at least 9 times to step back away from the road. She tried repeatedly to walk around the officer, taunting and daring him to Taser her. Seven minutes elapsed from the time she exited the vehicle until she was finally Tased She is an adult, but acted like a 3rd-grader. I’m not a police officer, so I don’t know if Tasing was the best choice, but she was agitated and combative, which could have lead to her being injured if he tried to restrain her. She chose to behave childishly: she refused to follow a simple request, demanded to be taken to jail, refused to comply with the officer’s orders. Being 72 is not an excuse. And, she lied in her interview: she complained to a news reporter about how she had been treated, denied being argumentative and combative (maybe she didn’t know she had been recorded), and then when the video proved otherwise, she suddenly is now unavailable for comment.
The claimed risk from passing motorists is miniscule, since if the officer makes 2 additional stops he effectively has more exposure then in any delay in this one stop. Even bicyclists on the roadway ride under greater threat than an officer making a stop, and they are far less visible than him as he shelters behind his flashing patrol car.
On the other hand, age is extremely relevant to the degree of force used since elderly often have medical conditions which make them especially vulnerable to serious injury or death in all types of force. The ONLY exception to a diminished response because of medical caution would be if she threatened him with a weapon whose lethality was age independent. What is more appalling about his decision is that the woman reverses her earlier refusal and clearly states prior to the tasering that she will sign the ticket. The fact the officer appears to have already made up his mind about tasering her, and then proceeds to do so, is unconscionable.
I've seen much bigger cops, then their victims not using common sense, I was one, and almost got killed for their bad judgement. Not saying average cops don't, but I'm speaking from experience. Big cops have issues that need be addressed!! This over the top authority inflicted on this Grandma, or anyone in this nonthreatening situation is unforgivable in this country, and unnecessary, and He should never be in law enforcement, don't you think!! I,at my age of 55 yrs have very little respect for cops now. I never had a run in, and only one ticket all my life, and because of one bad egg, who made a very bad judgement,and also lied under oath. How am I to respect authority now. If I had time and money, I would fight to change the laws so cops could enforce good laws in reasonable situations, but because of bad laws, or NO Laws at ALL, their hands are tied, and I truly believe they get to frustrated to make the right decisions, they take the easy way out and pick on the weakest victim.
I think cops should be allowed to taze whoever they want whenever they want. The constitution and Bill of Rights is just paper, no different from toilet paper. I wasn't born in America so I can tell you that Americans are spoiled rotten! In my country if you ever talk back to a soldier you can expect to be KILLED! Not tazed. Things are finally changing in America and Americans are getting a reality check. In my country, a woman at any age would never dare speak like that to a man, EVER. She could be stoned to death, not by the soldier but by her community. One or two more generations in America and we will have total compliance. I can't wait. I hope I'm still alive so that I can see all these uppity Americans hit there knees in servitude to the state. Disobeying a soldier in the field, if I was the soldier and the old lady disobeyed me I would break her bones.
nice job..."officer" .... I would have been thrown in jail if I had been there... for beating that dumb F(*&^ ass. this guy should be fired and indicted for abuse. war crimes exist even in backwoods little tx communities.
Until we recognize our Common Law roots again we will see much more of this kind of tyranny. The Common Law requires a damaged party and their presence in court as such. Without this, we are just sheople being sheared by the legal establishment to benefit their budget. Security is lost and the State wins. I have been fighting and winning traffic tickets for years here in Texas on this basis. Paperwork criminals are the State's bread and butter and our liberties die on their revenue enhancement. The Transportation Code all these tickets are based on is commercial regulation first created in the 1930s to regulate all the big trucks and other commercial traffic, supposedly to protect the public from their undermaintained vehicles. Even the legislature argued over the Code before its passage attempting to protect our Right to Travel. Through the years the application of this Code has been corrupted by little changes to the words in the Code and now we have tyranny in our lives and State.
This woman was told that she was under arrest, and attempted to get back into the vehicle. She would have likely left the scene in the car, and could have crashed into my family or yours. If you are old and frail, then you shouldn't be resisting arrest, and attempting to escape. This woman could have been struck and killed along with the officer if they had to wrestle around in the road. Shame on her.
It would be a shame if nobody in law enforcement responded to our calls out of fear that they would get into trouble for doing their job.
Here's what I don't understand. The officer was obviously aware of her age, since she had to give her id for him to write the ticket. I would think that most officers would be wise enough to grasp the ramifications of tasering such an elderly person, not to mention the possibly lethal effect it could have had. Why not just take her keys and let her sit in the damn truck while backup arrives? Or grab her arms, throw on some handcuffs, and walk her around to the side of the police car away from traffic? Isn't a bruised arm a lot less risky, both physically and politically? Not a very intelligent choice.
I'll bet that even though his boss is backing him up in public, that he got serious private reprimand, and might even have lost face with the other officers on the force for doing what he did.
I don't think any of us will be surprised if she ends up making a lot of money in a lawsuit.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!