Dashcam video shows officer Tasering 72-year-old woman

June 10, 10:19 AMCivil Liberties ExaminerJ.D. Tuccille

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The case of 72-year-old Kathryn Winkfein, Tasered by Travis County, Texas, Deputy Chris Bieze, took an interesting turn when the Travis County Sheriff's Department* released dashboard camera video of the incident. The department apparently believed that the footage would back up its claims that Bieze's use of the Taser -- a less-lethal, but still-dangerous weapon -- was appropriate. Instead, it shows the deputy resorting to shoving and then his Taser  in response to a verbal disagreement. 

At the moment Deputy Bieze triggered his Taser, Winkfein was actually turning away from him, having said, "I'm getting back in my car."

Deputy Bieze had already threatened to use his Taser -- "Step back or you're going to be Tased." -- as the woman leaned against the rear of her truck.

Perhaps unwisely, but certainly unthreateningly, Winkfein replied, "I dare you."

Moments later, as Winkfein leaned against the tailgate of her truck with her arms crossed, Bieze threw what may have been his ticket book to the ground and grabbed the woman to handcuff her. She pulled her arm away and announced that she was returning to her car. Bieze shoves her. Winkfein turns away. And ... zap.

Before this video segment even begins, Winkfein had been issued a speeding ticket for doing 60 in a 45. The confrontation began because she declined to sign the ticket that had already been issued.

Much has been made of the fact that Winkfein didn't immediate comply with Bieze's instructions. Also, that Texas law requires a signature on a ticket, with arrest as the consequence for resistance.

But the idea that police officers are entitled to automatic deference is the sort of mindset you might expect in North Korea -- not in a free society. Police officers are just regular people with a job; they're no more entitled to expect immediate obedience in all circumstances than are dentists or house painters.

As for the requirement that a ticket be signed ... If that leads to the use of force because somebody didn't set pen to paper, it's time to exercise some discretion. Part of becoming an adult is learning that good sense and morality take precedence over rigid rules. Instead of insisting on arresting an old lady over a signature, you walk away and let the courts handle the ticket. That makes more sense than escalating to violence. People who don't or can't see that judgment is more important than a procedural rule are morally immature.

Maybe that's the explanation. In the video, Bieze conducts himself like a teenage bully who can't believe that somebody would dare to defy him.

As for the defense of his actions by Travis County officials ... Well, that speaks for itself. People who defend and even celebrate the brutal abuse of their fellow human beings because they do not "respect mah authoritah" reveal themselves for what they are. (Just back away from them, slowly.)

*Update: I should point out that, while Travis County constables are defending the Tasering of Kathryn Winkfein, Sheriff Greg Hamilton has denounced Bieze's action, saying (PDF) "I do not personally agree with the actions of the deputy constable as they are shown in the video. When I look at the video I am in awe of what happened." He also emphasizes that he does not have authority over constables, who are elected to office.

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