Trial of Eugene protester revolves around police use of Taser

After Ian Van Ornum, a 19-year-old deadhead, was arrested, handcuffed and Tasered (in that order) at a demonstration against the use of herbicides, the Eugene, Oregon, Police Department issued a press release (PDF) implying that the protester had threatened to spray police with poison. But police testimony in Van Ornum's trial on charges of obstructing traffic and resisting arrest contradict that official version of events. And not just the use of the Taser on a restrained prisoner, but its presence at the demonstration, may have violated department policy.

Police were apparently summoned to the demonstration on May 30, 2008 by Department of Homeland Security officer Thomas Keeley. Keeley claims he was concerned that protesters planned to march on the federal courthouse. After the fact, the police claimed "there were some witnesses who reported overhearing rally participants prior to the incident planning a way to provoke a call that would get police to the area." Those "some witnesses" may well have consisted of DHS officer Keeley.

When police arrived at the scene, the department claimed, Van Ornum "was dressed as an exterminator and was spraying unknown liquid in the street. When the officer contacted him, he said he couldn’t be arrested and raised the wand toward the officer asking, 'Do you want poison in your face?'”

But the police officer in question doesn't necessarily go along with the official version of events. According to the Eugene Weekly:

Eugene Police Sgt. Bill Solesbee testified at Van Ornum’s trial yesterday that he was the officer described in the press release and was not concerned Van Ornum would spray him with poison.

Asked if he was concerned about the sprayer, Solesbee testified, “no, not really.” The officer noted that if he was concerned he would have rolled up his SUV window but did not. Solesbee said he left the garden sprayer at the scene. “It’s not a crucial piece of evidence.”

Even so, police placed Van Ornum under arrest for obstructing traffic, and also charged him with resisting arrest. The "resistance" must have been minor, though, because video automatically taken by the Taser when it was triggered seem to show him submitting rather meekly. Reports the Register-Guard:

Images captured by a video camera on the Taser stun gun twice fired in the May 30 arrest of a downtown Eugene demonstrator show that Ian Van Ornum was face down on the pavement with one cuffed hand behind his back the first time he was shocked.

The images, which Van Ornum’s defense team converted into a series of still shots in order to discuss details with a police witness, also showed that a police officer was holding both of the still-prone University of Oregon student’s behind his back at the time he received a second jolt 17 seconds later.

It's worth noting that  the Eugene Police Department Taser policy (PDF) specifically says:

A Taser shall not be used at a demonstration or protest without authorization of the Chief of Police or designee unless its use is reasonably necessary to prevent injury to the officer or another person.

It also states:

A Taser shall not be used on individuals who are handcuffed or otherwise restrained, absent overtly assaultive behavior that cannot be reasonably dealt with in any other less intrusive fashion.

The details of the policy might explain why Eugene Police Officer Judd Warden, who fired the Taser, is so insistent that he feared for his safety and the safety of his fellow officers from a handcuffed hippie who was lying face-down on the sidewalk.

Find more information on the Tasering incident in the video documentary below.

email J.D.: civilliberties (at) tuccille.com