A Florida cop has been fired for repeatedly using an electroshock weapon on a shoplifting suspect who was inside a residence with hands raised. The officer's police report said the suspect "refused to show his hands," according to local media.
Police authorities in Zephyrhills, Florida announced the firing of 10-year veteran officer Tim Claussen on Friday. The footage of Claussen tasering Lester Brown, who complained of shoulder aches and dizziness after he was arrested, was captured on the video camera attached to the officer's Taser.
"Come outside now, or you're about to get tased," Claussen said on the video. "This is the last time." Suddenly, Brown is shocked, and shortly afterward he's seen falling to the ground in the footage. According to the city attorney's office, "the deployment of the Taser was unjustified."
(Score: 3, Informative) by pkrasimirov on Wednesday October 07 2015, @11:04AM
> trial for assault.
Battery [wikipedia.org].
(Score: 2, Insightful) by Anonymous Coward on Wednesday October 07 2015, @01:12PM
Screaming at an unarmed person to leave their house or get shot with the less-lethal weapon currently pointed at them isn't creating apprehension of unlawful physical contact?
(Score: 2) by Runaway1956 on Wednesday October 07 2015, @04:25PM
I threaten to punch you in the nose. I've committed assault.
I then punch you in the noxe. I've committed battery.
Now, which is the more serious charge? If you have to choose whether to see me convicted of assault, or battery, which would you go with? I suspect that you'll forget about the assault, and charge me with battery. In actuality, I would probably be charged with "assault and battery". The assault part of that charge helps to establish that I didn't just accidentally bump your nose while putting on a jacket or something - I did threaten you before battering you. But, it's the battery that will get me some jail time, not the simple assault.
(Score: 3, Informative) by hemocyanin on Wednesday October 07 2015, @03:07PM
That distinction between assault and battery is not universal and varies between states. For example, in Washington State, there is only the crime of assault and if you look at the definitions, assault in WA is what you are calling battery.
http://app.leg.wa.gov/RCW/default.aspx?cite=9A.36.011 [wa.gov]