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Getting away with murder!
http://www.aframnews.com/html/interspire/articles/1396/1/Getting-away-with-murder/Page1.html
Tuala Williams
Tuala Williams is the general manager of African-American News&Issues.
 
By Tuala Williams
Published on 02/22/2010
 
FT. WORTH- Currently, Pastor Kyev Tatum, president of the Fort Worth SCLC, is leading the charge amid cries of wrongful death in the matter of Michael Patrick Jacobs, Jr., 24. According to reports, on April 18, 2009, Jacobs, who suffered from bi-polar disorder, had stopped taking his medication because it was making him ill. As is common for individuals with mental health issues, he began having difficulties within the home of his parents in southeast Fort Worth.
They placed a call to 911 around 10:30 a.m., alerting them of his condition and requesting MedStar ambulance transport him to John Peter Smith Hospital. But his parents did not receive the kind of help they were seeking.

Officers subdue suspects in  a typical arrest scene using tasers.
The Ft. Worth Medical Examiner’s report states that despite the
fact that officers observed that Michael Patrick Jacobs, Jr., was
unresponsive and had stopped breathing, after tasering him for
54 seconds, they failed to render aid by performing CPR, which
may have saved the victim’s life.



Officers subdue suspects in  a typical arrest scene using tasers.
The Ft. Worth Medical Examiner’s report states that despite the
fact that officers observed that Michael Patrick Jacobs, Jr., was
unresponsive and had stopped breathing, after tasering him for
54 seconds, they failed to render aid by performing CPR, which
may have saved the victim’s life.

FT. WORTH- Currently, Pastor Kyev Tatum, president of the Fort Worth SCLC, is leading the charge amid cries of wrongful death in the matter of Michael Patrick Jacobs, Jr., 24. According to reports, on April 18, 2009, Jacobs, who suffered from bi-polar disorder, had stopped taking his medication because it was making him ill. As is common for individuals with mental health issues, he began having difficulties within the home of his parents in southeast Fort Worth.

They placed a call to 911 around 10:30 a.m., alerting them of his condition and requesting MedStar ambulance transport him to John Peter Smith Hospital. But his parents did not receive the kind of help they were seeking.

Reports state they received a response from the police. According to Tatum, the fire department and paramedics also arrived on the scene. However, Tatum states the police sent the paramedics and the fire department away and began to handle the call as a criminal issue, as opposed to a mental health one.
Yet, this was not the first time the police had been called to assist with Jacobs. Helena Wifall, Jacobs’ cousin stated, “They have been to the house many times before and they know Charlotte [the mother of Jacobs].

That’s why we don’t understand why today was so different.” And yet, that day was very different.
It would be a day that no one would ever forget. On that day, things would go irreversibly wrong.

Detective Sergeant Moore with the Fort Worth Department Major Crimes Unit stated they had had numerous involvements with him. Moore also states that Cpl. Stephanie A. Phillips was attempting to get Michael to go with her to the hospital. The report states she warned Jacobs that if he did not calm down and comply with her directions, she would have to use her TASER device on him, to which he allegedly replied, “Go ahead, I’ve always wanted to see what that feels like anyway.”
As Jacobs continued to behave aggressively, he was tasered twice by Phillips, who states she “unknowingly kept the TASER trigger engaged for an unknown amount of time when she first applied the TASER.”

Charlotte and her husband, Michael Sr., watched as Phillips tasered Tatum for 49 seconds and then a second time for 5 more seconds. Charlotte states that she stood there helpless as her son was writhing on the ground and foaming at the mouth, while being stunned.

She said she begged the officer to stop. She further reports that when she attempted to help her son, she was threatened by the police, who allegedly placed his hand on his gun and ordered her to get back.

In all, he was tasered a total of 54 seconds in the presence of several witnesses.

The Medical Examiner’s report states that despite the fact that officers observed that Jacobs was unresponsive and had stopped breathing, they failed to render aid by performing CPR, which may have saved the victim’s life. It was not until paramedics arrived and no pulse was discovered, that he began to receive CPR. He never revived and was pronounced dead at the hospital.

“I mean, this was a Texas murder by someone on law enforcement,” Tatum said.
He was not alone in concluding the death a murder. It was ruled a homicide by Dr. Nizam Peerwani of the Tarrant County Medical Examiner’s office, who stated in his report, Jacobs died of “sudden death during neuromuscular incapacitation due to application of a conducted energy device.”

Additionally, an electrical engineer of TASER International provided testimony to the grand jury regarding the Thomas A. Swift Electric Rifle, known as the TASER, stating that the two jolts of 50,000 volts exceeded the limits of use set by the manufacturer. According to TASER International, the weapons are not to be discharged for more than 5 seconds.

The company also advises against shocking individuals in agitated states, such as the one Jacobs was in.
“We’re finding out about the neurological damage they’re causing, and the sudden death due to cardiac arrest is really taking out the people. And the medical experts are saying, don’t TASER persons A, B, or C being one, mental health; two, persons on drugs; or three, some kind of physical infirmity. And guess who they’re tasering, one, persons on drugs; two, mental health; or three, who have some kind of physical ailment,” Tatum said.

Peerwani called it homicide, but the grand jury didn’t see it that way. Neither did the internal affairs department of the Fort Worth Police Department.
Phillips was cleared of wrong doing by both, despite the fact that she wasn’t a rookie. In fact, the corporal was a 17-year veteran officer who had been trained in the proper use of TASERs.

Additionally, by allegedly sending paramedics away, it might be reasonable to draw the conclusion that she was comfortable in her level of expertise in the handling of mentally ill individuals.

According to the internal report completed by the Fort Worth Police Department, after tasering Jacobs for 44 seconds beyond the manufacturers limits, she warned the emotionally disturbed Jacobs that if he didn’t stop fighting and begin to cooperate she would shock him again. When he failed to comply, she shocked him again.
Fort Worth Mayor, Mike Moncrief called the electrocution death of Jacobs a “terrible tragedy.” Tatum calls it torture. He’s not alone.

The United Nations Committee against Torture states that “The Committee was worried that the use of TaserX26 weapons, provoking extreme pain, constituted a form of torture, and that in certain cases it could also cause death, as shown by several reliable studies and by certain cases that had happened after practical use.” Amnesty International has also expressed concern.

“This is why the Southern Leadership Christian Conference took great interest. When it happened, the officer, which was a White female and two other White officers, mind you, sent EMTs away, sent the fire department away; shot him with the TASER for 54 seconds; watched him die on the ground without performing CPR and then called the EMTs back and by the time they got back, he was gone.... He was dead before noon,” Tatum said.
Tatum accuses the Fort Worth police officers of using TASERs to commit murder. But what disturbs the SCLC leader most is the failure of Blacks in Texas, and especially in the local community, to become enraged by the situation.

“In Fort Worth, you can kill a Black man and nobody’ll say anything about it,” Tatum said.
Forth Worth Police Chief Jeff Halstead considers the case closed. But others believe the case warrants further consideration. Tatum says the family and SCLC are not finished with the case.

He has asked U.S. Attorney James Jacks to pursue a federal civil-rights investigation against the department. The family is suing Phillips  and the city in federal court, asserting that excessive force and gross neglect of Fort Worth in failing to properly train and supervise its police officers in the proper use of TASERs caused Jacobs’ death.

But proper use of TASERs was not the only problem identified in the Jacob’s case. Halstead stated in his report that Fort Worth officers would receive more training in how to deal with mental health patients.

This is important because Jacobs was not a criminal. He was a victim of a cruel mental health disorder, a chemical imbalance that distorted his view of the world and disrupted his emotional state, making it difficult to cope with everyday issues. It is likely that, when confronted by police, he was in a state of psychosis — a mental state commonly suffered by patients with severe mental illness in which their thoughts don't match up with reality.

According to a report by TIME magazine, most police are not equipped to effectively deal with individuals in that state. Typical police procedures only escalate the situation. This is why the Memphis Police Department created Crisis Intervention Teams just to deal with such calls.

According to Habsi Kaba, who heads up the team, officers are being asked to soften their voice as opposed to shouting; repeat phrases, hold their hands palms up as opposed to flashing a badge or a gun. The team wears plainclothes instead of uniforms. Perhaps such a team would have helped Jacobs.



TASER USE...
Excessive use of TASERs got the attention
 of The United Nations Committee against Torture.