Police use electric stun gun on 75-year-old woman

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>Police use electric stun gun on 75-year-old woman

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>Herald Press, S.C.

>October 20, 2004

>

>The Rock Hill Police Department is investigating why an officer used an

>electric stun gun on a 75-year-old woman who refused to leave a nursing home

>where she had gone to visit an ailing friend.

>

>The woman, Margaret Kimbrell, said she suffered bruises on her leg and face

>after she was knocked to the floor by the force of the weapon, called a

>Taser.

>

>Police Chief John Gregory said Tuesday the department is reviewing whether

>Officer Hattie Macon´s use of the Taser was appropriate -- a step that is

>taken in unusual or high-profile cases.

>

> " On face value, it looks like it was, " he said. " We have a person who was

>asked to leave, who refused and who attempted to assault the officer. "

>

>Gregory did not say when the review would be completed. Kimbrell said

>Tuesday she´s considering legal action against the department.

>

>Kimbrell went to EdenGardens of Rock Hill, a retirement home on Constitution

>Boulevard, Friday evening to visit a friend who was scheduled to have colon

>surgery this week, she said.

>

>Soon after she arrived, a staff member called police to have her removed for

>trespassing. A relative of the friend told an EdenGardens administrator she

>did not want Kimbrell there, said Larry Boesen, the home´s executive

>director.

>

>Police and Kimbrell offer two different versions of what happened after

>police arrived.

>

>According to the police report, Kimbrell was sitting in a chair in a waiting

>area when Macon, 35, ordered her to leave several times. Kimbrell refused,

>jerking her arms away when Macon tried to lead her toward the door.

>

>Police say Kimbrell eventually got up but walked toward the cafeteria after

>spotting someone she knew. At that point, the officer blocked Kimbrell and

>told her she was under arrest. Kimbrell then swung her arm at the officer,

>according to the police report.

>

>That´s when Macon used the Taser and placed Kimbrell under arrest.

>

>Kimbrell on Tuesday disagreed with that version of events.

>

>She said she did not swing her arm or threaten Macon.

>

> " As weak as I am, how could I do that? " said Kimbrell, who has arthritis and

>suffered six broken ribs in a recent fall in her back yard. " Maybe I was

>trespassing, but I didn´t know it. I thought they would understand. "

>

>She said she got upset because no one would tell her where her friend was --

>or even if he was alive.

>

> " I thought he had died, " she said. " I was trying to keep from crying. "

>

>Kimbrell said Macon pressed the Taser to her back and used it during the

>exchange, causing Kimbrell to hit the floor.

>

> " It was the worst pain, " said Kimbrell. " It felt like something going

>through my body. I thought I was dying. I said, ´Lord, let it be over.´ "

>

>Kimbrell said she asked the officer and others at the scene to dial 911

>because she was hurt. According to the police report, no one was injured in

>the incident.

>

>Macon could not be reached for comment.

>

>Kimbrell, of 1211 Meadow Lakes Road, was taken to the police department and

>later issued a citation for resisting police and trespassing. She spent

>three hours in a police holding area until her daughter, Donna, picked her

>up around 10 p.m., she said.

>

>Kimbrell said she later learned her ailing friend was out taking a walk

>during the incident.

>

>Review has been launched

>

>According to the department´s policy manual, cases when officers can use

>Tasers include when a suspect is threatening to punch or kick, or when

>officers " reasonably believe a suspect poses a credible threat. "

>

> " I have to believe at that moment, that´s what the officer had to believe, "

>Gregory said. " We have to look at what was reasonable under the

>circumstances. The determination about somebody being right or wrong has not

>been made. "

>

>Macon, who joined the department almost 18 months ago, remains on duty, said

>Gregory. The department has received no previous complaints about her

>performance.

>

> " I can´t overemphasize how concerned I am, " said Gregory. " This case is

>getting a lot of attention, and I understand that ... If we find excessive

>force was used, we will take the appropriate disciplinary action. "

>

>The department is aware that Kimbrell and her family are planning to file a

>formal complaint, Gregory said.

>

>Tasers prove effective

>

>Nearly all of Rock Hill´s 110 police officers have carried Tasers since last

>year, Gregory said. They´ve been used 57 times this year with no injuries

>reported, he said.

>

>Before they are issued the device, officers must complete a four-hour

>training course that includes having a Taser used on them. They also must

>take a refresher course once a year.

>

>Macon took the refresher course last month, said Capt. Charles Cabannis.

>

>The devices have proven safer and more effective than batons and pepper

>spray, Gregory said.

>

> " We have noticed a substatial reduction in injuries to suspects and officers

>since we´ve used them, " he said. " It´s kept us from having to fight people.

>We haven´t had to beat anybody with clubs. "

>

>Gregory said an official from the S.C. Criminal Justice Academy had called

>Tuesday morning to ask if the department could lead a Taser training

>exercise for other state agencies -- a sign that the department´s policies

>are well-respected.

>

> " They´re using us as an example, " Gregory said. " We have a strict policy. "

>

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