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BART Verdict: Consider a Weak-Hand TASER Draw

Use-of-force expert explains how officers can avoid confusion

By Greg Meyer | July 12, 2010 | Comments (1) | Post a comment


Photo via Euro-police.noblogs.org.

I was the defense use-of-force expert on the case, and I have read the jury instructions.

I've tentatively concluded that the jury went with involuntary manslaughter on the basis that former Bay Area Rapid Transit (BART) Officer Johannes Mehserle was engaged in a lawful act -- the arrest of Oscar Grant III -- and that he accidentally drew his handgun while intending to draw his TASER.

That being said, the jury found that he was criminally negligent in that effort in that he didn't reasonably follow policy or training. Let's analyze three key areas of my testimony that officers and trainers ought to consider:

First, a TASER is sometimes used in imminent deadly force scenarios.  Many lives have been saved, but sometimes officers are hurt in the process. It is important to do this as safely as possible.

Second, there have been six prior weapon-confusion cases in the past nine years where an officer shot someone while intending to use his or her TASER.

And third, it is essential that trainers put officers through their paces with training that is dynamic, stress-inducing, and requires officers to make quick force-options decisions. The training must truly test the officer's ability to be ready for stressful encounters on the street.

As a common thread of all six weapon-confusion cases, the officer's strong hand was involved. Therefore, consider requiring an officer's TASER to be in weak-side holsters requring a weak-hand draw to reduce the possibility of another tragic case. Dr. Bill Lewinski (Force Science Research Center) and I have discussed this issue, and we believe that it would signfiicantly reduce the risk of having a weapon-confusion incident.

Finally, several media outlets are reporting that the jury also found that the California law involving the use of a gun during the commission of a crime (the so-called "gun enhancement") applied in this case. This one is a head-scratcher, because according to my reading of the jury instructions on that issue he would have had to intentionally use the firearm. That seems contrary to the involuntary manslaughter verdict.

We'll see how the judge handles all of this at sentencing on Aug. 6. Regardless of the outcome, this is a tragic case with no winners.

Greg Meyer retired as a captain from the LAPD. A consultant and expert witness on use-of-force issues, he is a member of both the National Advisory Board of the Force Science Research Center and the POLICE Advisory Board and serves as chairman of the Los Angeles Police Historical Society.

Note: The views expressed by guest bloggers and contributors are those of the authors and do not necessarily represent the views of, and should not be attributed to, Campus Safety magazine.

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Anyone who inadvertantly draws his weapon vice his taser is negligent and he's indicative of the failure of his department to adequately train him to a degree in which mistakes such as that are significantly minimized. Unfortunately, he's the one sweating bullets awaiting the sentencing phase which for him will be politically based. Does anyone think that anything less than the maximum sentence will sit well with a group of people that need little provocation prior to turning their city upside down? I believe that he knew that he had his pistol and that the shooting was a result of involuntary myoclonus, which is when one hand wants to grab, the other may involuntarily grab as well. If I were the Grant family attorney, I wouldn't focus my attention on the officer, rather, the department for not adequately training Mehserle to be aware of that condition and to train on methods to ensure that your weapon doesn't fire a round inadvertantly while in the process of subduing a criminal.
Oso
July 13, 2010
Author Bios
David  Burns
David Burns

With more than 30 years in public safety, David served as a 9-1-1 dispatcher and paramedic operations manager in Oakland, Calif., for 10 years, working six days at the Cypress "880" freeway collapse during the Loma Prieta earthquake in October 1989. David brings over 20 years executive/administration experience serving nine years in EMS administration as a regional disaster planner; seven years as a full-time emergency manager for a municipal fire depart

James  L. Grayson
James L. Grayson

Jim Grayson is a senior security consultant. His career spans more than 35 years in law enforcement and security consulting. He worked for UCLA on a workplace violence study involving hospitals, schools and small retail environments and consulted with NIOSH on a retail violence prevention study.

Michael  Dorn
Michael Dorn

Michael Dorn serves as the Executive Director of Safe Havens International, a global non profit campus safety center. During his 30 year campus safety career, Michael has served as a university police officer, corporal, sergeant and lieutenant. The author of 25 books on school safety, his work has taken him to Central America, Mexico, Canada, Europe, Asia, South Africa and the Middle East.

Robin Hattersley Gray
Robin Hattersley Gray

Robin has been covering the security and campus public safety industries since 1998 and is a specialist in emerging technologies and systems integration. She joined CS in 2005 and has authored award-winning editorials on important campus safety issues, including gang prevention, grants and funding, network integration, IP video, emergency notification, emergency management and communications, crime trends and risk management.