Travis County, Texas, Precinct 3 Constable Richard
McCain defended the Tasering of a 72-year-old
great-grandmother during a traffic stop by a deputy.
Related: "Sheriff denounces Tasering of woman in traffic incident"
Related: "Dashcam video shows officer Tasering 72-year-old woman"
Related: "No, you can't Taser an old lady over a speeding ticket"
A traffic stop for speeding in Travis County, Texas, led to the Tasering of a 72-year-old great-grandmother by a deputy. Feisty Kathryn Winkfein apparently so frightened the law-enforcement officer when she "used some profanity" and "got violent" that he felt it necessary to subdue her with a potentially dangerous jolt of electricity.
Winkfein was reportedly doing 60 in a construction zone where the posted speed limit was 45 when she was pulled over. She was ticketed but declined to sign the ticket, leading the police officer to place her under arrest lest civilization collapse for want of the surrender of a penny's worth of ink.
At this point, the stories diverge. According to Precinct 3 Constable Richard McCain, Winkfein cursed and refused to cooperate. She says nothing of the sort occurred. "I wasn't argumentative, I was not combative. This is a lie," the woman told a news reporter for Fox 7.
Either way, it's difficult to see how the issuance of a speeding ticket to an elderly woman devolved to the point where a grown, trained law-enforcement officer could be considered justified in subjecting the speeder to an electric jolt intended to disrupt her nervous system -- no matter what command of profanity she displayed.
Given that the speeding ticket had already been issued, it's also difficult to understand what purpose was served by prolonging the encounter and demanding a signature. A similar incident in Utah in 2007 between a state trooper and a motorist also resulted in a Tasering after the driver declined to sign a speeding ticket. In that case, the officer escalated the matter to a violent conclusion even though Utah law doesn't actually require a signature. Texas law apparently follows the same reasoning, considering the signature merely a promise to appear in court, not a necessity for the validity of the ticket itself.
Jared Massey, the Utah motorist, was ultimately awarded $40,000 as compensation for the abuse he suffered at the hands of Trooper Jon Gardner.
The use of Tasers is controversial because, while they are often presented as non-lethal devices, they are actually less-lethal alternatives to firearms. According to Amnesty International, "[s]ince June 2001, more than 351 individuals in the United States have died after being shocked by police Tasers." Tasers can interfere with proper cardiac function, even resulting in death. Logically enough, people with pacemakers, such as might be expected among older people, are at particular risk, according to a 2007 study.
A research paper prepared for the Canadian Broadcasting Corporation (PDF) found that some Tasers give an even bigger jolt than intended, with resultingly higher risks to the proper function of the heart.
As such, Tasers make the most sense in situations where force has to be used, as alternatives to shooting or clubbing a suspect; they aren't appropriately applied to suspects who have simply annoyed police officers.
After being Tasered along the road for failing to put pen to paper, Kathryn Winkfein was taken to jail and booked for resisting arrest and detention. Not surprisingly, she's hired a lawyer.
Related: "Sheriff denounces Tasering of woman in traffic incident"
Related: "Dashcam video shows officer Tasering 72-year-old woman"
email J.D.: civilliberties (at) tuccille.com
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Comments
Just another day in the PSA.
PSA=Police State of America
The limits to totalitarianism are defined by the level of toleration acceptable to the people being oppressed.
One wonders how much more of this sort of brutal nonsense will bring us to the tipping point of having had enough...
Oh dear! I'm sure the poor young cop felt terribly threatened by this old woman.
I'm only 62, but he'd wet his britches if he ever saw me. I carry a .45.
I'll bet he wouldn't even dream of trying to taser me. Like all bullies, he wants only helpless victims.
good grief. another awesome display of that rootin' tootin' texas manhood. but i bet he didn't need no viagra that nite...
This is an excellent example of how law enforcement has become a force of the police state.
They do not know the law, and violate it regularly, they however, do not have to pay a penalty for a mistake.
As a regular citizen, we have no rights when we are confronted and assaulted by law enforcement.
It is so sad that we have come to this point, but most people in all walks of government life do not even know how to spell constitution.
Police have ruined their credibility with the citizens of this country. i'm 40, white, ex-marine combat vet and i'm scared to death of my police force here in PA. my kids have been searched regularly, questioned because they are on the street with friends, had guns pulled and threatened by my local police. scary when you have to tell you kids to keep away from the police.
This is another disgusting example of the immoral and weak minded fascists now posing as POLICy Enforcers of municipal codes. The victim is very fortunate that she did not suffer a heart attack due to the taser. Sue their pants off.
Richard McCain will never need any medical treatment not available from a gynecologist.
Hero!
Dont worry. Whats been going around will eventually come around, if you get my drift. Personally, i cant wait.
When will they release the dashcam video? Please follow up on this. It is very odd that it is not available and I am afraid they will let it die down and then try to bury it.
"When will they release the dashcam video? Please follow up on this. It is very odd that it is not available and I am afraid they will let it die down and then try to bury it."
Most likely, itll be the good ole "the camera wasnt working" story. One time that even happened in all nine squad cars. Cameras do seem to work fine when they back up the cops claims tho. Interesting how that works.
When are we-the-people going to realize we have no oversight in matters of police interaction? EVERY local, state and federal representative of your vote should be effected by this. If nothing is done to remedy bad police, what do we need the elected for? I bet, if we looked close enough, the police superiors that provide no oversight to their own departments were just as egregious when on patrol as a younger policeman. Just a hunch. After years of brutality and other flaunts of the law, what can we expect when we ask them to train their officers?
A teaspoon of authority often leads to an ocean of arrogance.
He shouldn't have used a taser on her unless she was grabbing a gun to shoot him. Otherwise, if he HAD to, he could have put her in an arm hold and then put cuffs on her. My god, what was he thinking? That cop is abusing his powers.
I bet she complies with a lawful order next time...
I'm so torn. This cop was obviously in the wrong. Just another bastard pig out on a power trip.
But then again, old people CAN'T FRIGGEN DRIVE! Take her keys away and his badge away.
This is the most amazingly unbiased and rational piece of journalism I've *ever* read. Kudos. You've truly raised the bar when it comes to reporting.
If that fat, donut-scarfing pig tasered my grandmother he'd get the beating of a lifetime from me.
He looks like the fat kid who got picked on in school and now he's making up for the years of abuse he took by going on a power trip.
What a tool.
I hope she wins big. $$$
Sorry but I have been around some crazy women and was wishing for more like a bazooka than a tazer!The officer was lucky to have escaped with his life.Oh what the hell you old bitch,do another line of that good ole meth
A lot of the cops in Travis County are like this inbred redneck on a power trip. Poor guy, terrified by a 72 year old. Hate to think what would happen if he encountered a REAL criminal!
My god, if a wimpy cop can't control a greatgrandmother he MUST be fired. He is a danger to the people he serves and other officers. I would find his family and shoot the tazer at those just for the fun of getting a little slap on the wrist. HJey Love you redneck cons and your religion really helps that freedom. BUNCH OF IDIOTS.
Richard has always had problems on the force. We used to use him as a training aid to noobes. He mental capacity to do his job has been questioned by partners and others is his department. As much as I like Richard I think he should be removed from street duty and perhaps choose another vocation.
Sorry Richard, you continue to embarras our town and the force. Please thing of a resignation. FINALLY.
That old bag deserved what she got. She wont get uppity with the police again.
This is why tasers should not be used by law enforcement, if the only thing he had was his gun and baton he would have never drawn either. Shooting her was unacceptable and beating her was unacceptable but electric shock is OK because its a "non-lethal" weapon, I don't think so. If electric shock had been used in Guantanamo rather than waterboarding and humiliation the nation would never allow tasers to be used even by police. I have read stories of children, handicapped both physically and mentally, and elderly all being abused by tasers by police who say they resisted and struggled but, my God people, what did police do before tasers. this would have never happened 20 years ago. she would have been given the ticket and if she didn't sign it, so what, if she didn't appear then there would be a warrant for her. its not like they don't know where she lives. profanity, grow up deputy she's 72 she may have invented some of those words she has a right to use them.
Many police forces require that an officer must endure a taser before he is allowed to carry one. Maybe we need to up it to watching their grandmothers being tasered before they are allowed to use one.
Another Texas God subjagates the weak in his rightful anger.
This is why we have a 2nd amendment! The instant the current shut off on that taser, I would have blown that pigs brains out the back of his head in justifiable self-defense.
I am always armed and will now refuse to sign every ticket. Bring it pig bastard and we will see who lives and who dies.
The word COWARD comes to mind. Most of these overly macho guys are just bullies. Scared of a little old lady with no weapon, but her intelligence and heaven forbid she "backtalk" him because we all know the cops are never wrong!
Rusty is right, the cop is probably an inbred redneck who gives his whole state a bad name. Probably drives an overbuilt pick-up with giant tires too just to prove how "manly" he is - probably needs "Enzite" and Viagra just to get a date. Maybe even tortures animals in his spare time.
you're under arrest for... resisting arrest..
Shocking!
A few thoughts.
Signing a ticket is you agreeing that you will show in court and take care of it, presumably when it's convenient for you... this takes the place of you being arrested and forced to deal with it immediately. Refusal to sign is thereby you refusing to say that you'll show up and deal with it, hence the arrest.
The arrest is warranted. The taser? Probably not. But that's why he should have a camera recording the entire event. So we don't get into situations where we're supposed to decide who's lying.
I see this incredibly biased report has stirred up all the "enablers" running wildy and completely ignorant of the simple fact of CONSEQUENCES.
You can't just act like that in society. She's over 70, she should know better to act like a child. You act like a criminal you'll get treated like one. If you're afraid of that, THEN DON'T DISRESPECT THE LAW.
WHAT A CONCEPT
Yeah, unbiased my foot...(can't really say what I wanna use in place of the word foot, but ya'll get the idea). With the name of a website like Civil Liberties Examiner, we already know the bias will be toward the people that whine about cops being on a power trip and whatnot...I do not condone an excessive use of force on someone, but you weren't there on the traffic stop, so don't armchair-quarterback something you have no idea about until the dashcam tape is released or unless you personally witnessed it.
wow. what?
i expect the usual a-holes talking smack about abusive cops, but the people defending this?! 'don't judge, you weren't there'?!
wow.
show me one move that a 72 yo woman can pull that a trained police officer can't counter wihtout the use of a taser and i'll be convinced.
until then, you've all made the case for every little hippie that wants to scream 'fascist pig' at the police. good work.
Resist arrest, get tasered. That sounds fair. The taxpayers put this officer out on the street to do his job. This cranky old bitty opted not to obey the law. What should the cop do? Say, "okay lady, you don't get a ticket, go drive faster and kill a construction worker, I'll go sleep in my car now". No, she gets arrested. The cop doesn't need to get scratched, bitten, or worse. He doesn't need to wrestle her to the ground in traffic. She deserves what she got.
So she didn't need to sign the ticket and the
frightened little officer got scared and gave
her the juice? His steroids must have backed
up that day. Hope he is unemployed, but i doubt
it. His fellows will cover his butt. Maybe we
should use tasering at Gitmo instead of water-
boarding. It would be legal and nobody would
be bitching.
Apparently that Texas village keeps producing idiots
J.D. Tucille.. If you went to college to learn how to write you really need to go back and demand that they send you back out into the world better prepared.... You should try your hand at fiction as this is NOT news as it should be. Especially trying to convey information about Law Enforcement and what tools they carry and why.
Tasers were developed to be an alternate to using a firearm. So, everyone who is shouting "this is fair," please ask yourselves if it would still seem fair if the cop had simply shot the woman.
Re: woman:"I won't sign your ticket, you *****!" cop:BLAM!
Yea, that seems right.
A police officer is never justified in tasering someone simply because they refuse to sign a ticket or become belligerent. The signature is only an acknowledgment of a summons to appear in court. One must answer the summons whether or not they acknowledge it. In most states the signature is not required. If an offender refuses to sign, the officer may seize the offender's driver's license as a bond to appear in court, have the offender's vehicle towed, and instruct the offender that they are not authorized to operate a vehicle until their case is adjudicated. Faced with that, most offenders will sign the ticket.
We have some great cops out there. But we also have a lot of would-be little Nazis, with serious emotional problems. And, yes, Virginia, many cops routinely lie on official reports and even in court, while under oath. They know that in most cases it's there word against yours and that municipal court judges will almost always side with the cop.
on a old lady a redneck would have handcuffed her and took her in if ness, he probly give her the ticket and if she did not show then they would put out a warrent for her .a red neck is a carrying person not a bully like some that walks around with their hands on their guns afraid some 1 will say something to them they don,t like . a redneck protects the old people not bully them
Once again while drinking my morning coffee the fisrt thing I see is another stupid cop has bullied someone. There is a war comming.
Fight on brave Drug Warrior!
Now that it's legal to torture suspects to get DNA, etc. (see buffalonews.com/home/story/692141.html) I guess it's OK to torture speeders to obtain a signature.
When are these jackbooted, taser equipped thugs going to be reined in. Bush Jr. trampled the Constitution into the ground, burned it, then hoped Americans would forget it ever existed and the law enforcement community has been goose-stepping to that philosophy ever since. If officers want respect then enforce the Law and the Constitution don't continue to spit on both and the public at the same time. If things don't change the war is coming.
The article says that you don't have to sign a ticket in UTAH! This happened in Texas. According to several web sites, you can expect to go to jail for not signing a ticket in Texas. Don't mess with Texas!
In Tejas (as the majority calls it), you have to sign the ticket. I was once ticketed and asked the officer what would happen if I didn't sign the ticket. The officer promptly pulled me from my truck, arrested me and cinched down the handcuffs so tight that it took 3 weeks for the indents to fade away. I never had the chance to sign the ticket! Yup, you get arested for that. I don't condone shooting cops but I understand why it happens.
Long story short, judge dissmissed the whole thing. You have to have an IQ under 78 to be a cop in Texas ( I may be wrong on this, but I don't think so!)
All I am gonna say from the picture of the cop the deployed his tazer is "Bubba". Tazers are deployed all to often with little thought of the potential effects on the victem/suspect or what ever you choose to call our dangerous seniors.... I have to say that it is a lack of training and supervision by the department of its officers. Come on all, you need is a HS diploma, a pulse and a desire to play cops and robbers to become a cop.
I believe granny would be fully justified to double tap this punk in the back of the head.
The pigs about to be slaughtered
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