Taser ruling may change procedures

AUSTIN (KXAN) - A federal appeals court in California has ruled law enforcement officials cannot use a stun gun on a person unless that officer feels the intended target poses an immediate threat.

Officers cannot shoot someone with a Taser someone, the court ruled, if they are just acting erratic or refusing to obey orders.

This ruling by the San Francisco appeals court could set a new standard for law enforcement training concerning this "less-than-lethal" weapon.

"There's no reason to think that it will change the way we conduct business or alter our policies or proceedures," said Commander John Hutto, Austin Police Department.

While the Austin and Pflugerville Police Departments and Travis County Sheriff's Office said they do not believe the ruling means major changes, others are touting it as a major step forward.

"This is the first time that a court of appeals has put the skids on wholesale use of Tasers and stun guns," said Jim Harrington, Texas Civil Rights Project.

Harrington said the ruling means the court considers stun guns a dangerous weapon and officers could be charged with excessive force if they use it when they should not.

Still, Commander Hutto stands by APD use of Tasers, he said they can and have saved lives.

"It certainly prevents many many more injuries than it's ever caused," said Hutto.

Meanwhile, the Round Rock Police Department does not use Tasers.

USA Today reports Judge Kim Wardlaw noted in the ruling that Tasers may offer a valuable, non-lethal alternative to using deadly force but still inflict a "painful and frightening blow" and must be used only when substantial force is needed and other options are unavailable.

According to Amnesty International, at least 351 people have died in the United States since June 2001 after being hit by police Tasers. The organization cites cases where suspects in Waco, the Dallas-Fort Worth area and Amarillo have died after being Tased.

On May 11, Kathryn Winkfein made international headlines after she was shot with a Taser by a Travis County deputy constable. The 72-year-old Central Texas woman dared the deputy to use the device during a traffic stop.

She was pulled over for going 60 mph in a 45-mph zone west of Austin. A patrol car camera captured what happened when Winkfein got out of her vehicle and argued with the lawman.

In an interview after the incident, Winkfein said she lost her temper and if she had to do it over she "would just not say anything - not react."

While the incident is still being reviewed by prosecutors, and internal investigation found no violations by the deputy constable.

Winkfein accepted Travis County’s $40,000 settlement offer, despite her pending resisting arrest charges in court.

County Judge Sam Biscoe said defending the lawsuit would have cost more than the money they paid to Winkfein.