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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 112766
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son was killed by a taser to s chest 3 years ago. He had

Customer Question

My son was killed by a taser to his chest 3 years ago. He had no weapon. The trooper that killed him said that he had is fist clenched and he thought my son was going to punch him, so his hand was a weapon. He is saying that by shooting him in the chest, he was not using excessive force. There were 4 other troopers in close proximity. My son had paranoia issiues and had suffered a recent seizure
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
This happened in Vermont and their policy defines a clenched fist as a weapon. How can I find the policy in place on June 20, 2012 to see if it was the same then as today, and if it has been revised and when? The officers also are trained to not shoot someone in the head,chest, abdomen or groin. My son was about 6 feet away. One other officer that also saw his hands said they were open to show no weapon, waist-high and that officer was never asked if he saw my son's hands clenched. It is the officer that killed him word that says his one hand was clenched and he was afraid of a skinny man, who didn't seem right. The officers had been told that he had suffered a seizure the day before and it would affect him for a coule of days. My son had called for help saying he was suicidal and was homicidal about the kitty litter. I would think that in itself would show mental issues. The state police were there to do wellness check for my son. The ME determined it was a homicide. The VT AG did not charge the officer and he is working now. We have filed a wrongfull death and cannot get the Officer's file. I need a case to refer to that is similar, or he is going to get away with killing my son and I have lost my whole life! I am an RN and couldn't even work for 6 months after and have PTSD since. Every day is an effort, though I am back to work as an ICU nurse. Please help me with some direction to go in, research, etc!
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Has there been a wrongful death lawsuit filed against the department and officer yet?

Have you obtained the statistics about taser shots to the chest being prone to cause death yet?

Expert:  AttyDort replied 1 year ago.

You need an expert witness to provide expert opinion testimony and evidence on this subject. If you locate the correct expert, that person will tell you what documents you need to subpoena in the course of a lawsuit to recover wrongful death damages. I get my experts, and if this were my case, I would use.... TASA. Do an internet search for "TASA legal experts", and you will see that organization. Then search for the type of expert you want.

If you were to hire a skilled an experienced plaintiff's attorney to handle this case, that attorney would not only know how to find that (those) expert(s) and how to use them.

This is a field where the type of expert you want is a retired police officer who was once a trainer in the use of force at the academy.

Once you have a qualified expert, they can provide expert testimony in court that would help you recover damages, and get justice.

Without a qualified expert, there is no chance of success.

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

First of all, you need to gather the medical documentation, which is something the previous expert did not mention. Second, presuming that the medical evidence lists the TASER as cause of death, or electrical shock as cause of death, then you would need to engage a local attorney first. From personal experience in these cases, the experts at TASA or other experts on TASER issues WILL NOT work directly for a pro se litigant, they will work for attorneys only and will require up front payment for their services in most all cases. So you will not be able to simply hire a TASA expert as suggested, you will have to have the cause of death established first, get a local attorney second, then they will get an expert.