BAY CITY POLICE KILL CHILD

GOOD MORNING FLINT! 3/23/09 By Terry Bankert
Posted first to Blogging for Michgian
http://attorneybankert.com/http://bloggingformichigan.com/
http://attorneybankert.com/

BAY CITY, A POLICE CALL AND A CHILD DIES AT THE HANDS OF THE POLICE
I heard that a child was tasered to death by the Bay City Michigan Police. Citizen compliance to police authority and the police reasonable use of force are two competing pressures, equally important that keep our community’s safe. The courts often are called upon to determine if a citizen properly complied with a police authority. The courts seldom are called upon to determine proper police use of force. We rely on the leadership of the department and or political jurisdiction to monitor police behavior.

WE HAVE A RIGHT TO ASK QUESTIONS
But we have a right to demand answers and proof that when a child is killed by the police that it was reasonable. Reasonable is measured by law, departmental management , procedures and officer training. We have a right to know if the force used in this case was reasonable, a child was killed.

So far it , 5 am Monday 3/23/09,appears the Bay City issued a pres release the associated press picked it up and most media just repeated it. The blogosphere comments are that the child was repeatedly tasered. The State police are investigating. Next will come a statement by the Bay County Prosecutor. The Bay City Council should be asking hard questions. Yes police work is tough, we appreciate their service and the community should support their police department. But a child died, we have a right to know if the use of force was reasonable.
My first stop was at the internet site of the police department involved.
Welcome to the Bay City Police Department, Mission Statement ,"To provide the highest quality of police services for the community in a professional and caring manner." Vision Statement,"Excellence in Policing." [9]

They have defined the question. Was the police killing of the child by the Bay City police e representative of professional, caring police services of the highest quality and representative of excellence in policing.

Before the pro police jump on me, I was Flint Municipal Ombudsman for 7 years and have been trained to investigate police procedure and conducted over 300 investigations with a number of use of force cases. That was 15 years ago. I do not litigated ( represent victims) in this area and practice only in family law and will accept no involvement in this case, don’t call.

THE OFFICIAL WORD

A police news release says officers answered a report of a fight about 3:40 a.m. Sunday. The statement says two males were arguing in an apartment, and one of them "attempted to fight the officers."[8]

COMMUNITY REACTION BEGINS IN THE BLOGOSPHERE

THIS IS OUTRAGEOUS! once again, cops in bay city like the judges thinking they can do anything.how would any of you feel if it were your child. skinny 15 year old can`t be controlled by grown men? you people don’t know him? Brett was like any other kid. bay city police should hang their heads on this one .I hope it cost the city alot.put this murderer in prison. you all scream about donna,this guy tasered the kid MULTIPLE TIMES.HE IS A MURDERER!!!!!!!!!!!!!!!!!!!!!!!
[ Posted by BILLZIMMER on Reader comment Saginaw News [4]

Fact: You were not there and don't know exactly what happened.[Posted by audionautix on reader comment on Saginaw News[4]

A CHILD IS DEAD

Bay City police say a 15-year-old has died after being Tasered by officers who were trying to break up a fight.[1]

HOW TO CONTACT THE POLICE DEPARTMENT INVOLVED

Bay City Police Department501 3RD ST BAY CITY, MI 48708 989-892-8571[9]
DOMESTIC DISTURBANCE, WAS IT HANDLED PROPERLY

Police say two males were arguing in an apartment early yesterday and one of them "attempted to fight the officers." [6]

CHILD TASERED

The teen was Tasered after he "attempted to fight the officers" but his reaction prompted police to immediately call for medics.[8]

CHILD KILLED BY BAY CITY MI POLICE

A Bay City teenager is dead after being Tasered by a Bay City police officer. It happened around 3:40 am Sunday morning along the 200 block of South Catherine Street. Police got to the area and found at least two people fighting near an apartment.[3]

HOW JUST DID THE OFFICER ATTEMPT TO STOP THE FIGHT

Officers tried several times to stop the argument[3]

THERE SHOULD BE POLICE DISPATCH TAPES, WHAT WAS THE CALL?

Officers were sent to an apartment in the 200-block of South Catherine about 3:40-Sunday morning for a disturbance. A 15-year old boy was arguing with another man in the west side apartment and he tried to fight with the officers. One of the officers used a taser weapon to subdue the teen.[5]

HOW DID THE POLICE ATTEMPT TO DIFFUSE THE SITUATION

Police told TV5 that two men were arguing. Police said they attempted to diffuse the situation but the teen attempted to fight the officers. Police used a Taser in an effort to subdue him. [7]

DID THE POLICE OVERREACT? WHAT WAS THEIR TRAINING, DEPARTMENT POLICE AND RECORD OF THE OFFICERS INVOLVED

The police over reacted.[ Posted by flint4u on Reader comment Saginaw News [4]

WHAT IS THE HISTORY OF THE BAY CITY POLICE DEPARTMENT

The Bay City Police are known for being to violent and aggressive with adults let alone teens. Opie was a good boy and never did anything wrong.[Posted by flint4u on Reader comment Saginaw News [4]

THERE WILL BE A TAPE OF THE OFFICES CALL, WHAT WAS SAID.

Officers at the scene called an ambulance after seeing the teen’s reaction to the Taser, police said. He was transported to the hospital, where he was pronounced dead.[7]

WHAT IS THE MEDICAL REACTION TO A TASERThe teen suffered a medical reaction after
being taken into custody. He was pronounced dead at Bay Regional Medical Center. His name is being withheld at this time. [5]

Tasers use electrical shocks to stun attackers and disrupt voluntary control of their muscles.[2]

WAS THE CHILD TASERED MORE THAN ONCE?

Being tased over and over again for not being quiet is uncalled for..Seriously what could he have done to hurt them when he was already handcuffed? That cop should be put under the jail...His job is to protect people not kill innocent, harmless teenagers...[ Posted by kimmy1776 on reader comment Saginaw News [4]

WHAT WAS THE CONDITION OF THE CHILD BEFORE THE TASER?

Then the 15-year-old reportedly tried to fight the officers, shortly before the Stun Gun was used on him.[3]

WHO WERE THE MEDICAL STAFF AND WHAT IS THEIR VERSION?

Medical staff arrived to treat the teen. He was taken to Bay Regional Medical Center where he was pronounced dead.[3]

WHO WERE THE NEIGHBORS, WHAT DID THEY SEE AND HOW LARGE WAS THE FIGHT, WAS IT MORE THAN TWO.

Neighbors summoned authorities to quell a large fight, police said.[4]

WERE THE OFFICERS SURROUNDED BY A NUMBER OF PEOPLE OR JUST TWO?

When officers arrived, neighbors directed them to an apartment where they found two people arguing.Officers' attempts to diffuse the situation failed, police said.[4]

WHAT IS THE HISTORY OF TASER USE IN BAY CITY AND MICHIGAN

Frankly, the expanding overuse of tasers in the United States is one of the most egregious abuses of police power I have ever seen. They're used for crowd control against non-violent people, they are used to subdue those who may be unarmed but resist arrest, and they're used when people are perceived as upset or out-of-line. [Boston Globe reader comment[2]

WHAT IS THE TRAINING AN OFFICER RECEIVES TO MAKE THE DECISION TO USE A TASER?

What were the police supposed to do if he was so uncooperative, shoot him? People call the police to do something, and when they do, they are the bad guys. What would you have done??? I support the police in this case.[Posted by nowayjean Saginaw news reader comment [4]

PUBLIC OPINION IS FORMING WITHOUT ALL THE FACTS.

I, for one, will not stand for this. Weapons this dangerous should not be in the hands of trigger-happy police officers who don't know if their little toy weapon is going to kill someone.They're just waiting to try it, and when the first person steps out of line and says, "Don't taze me, bro!," BAM! You've just been electrocuted to death. [Boston Globe reader comment[2]

This sounds more like a 1984 or Fascist nightmare than a Representative Democracy of the people.Let's reconsider out taser policies across the country. We keep seeing these articles, because it's human nature to go trigger happy with these violent and deadly weapons they perceive as the next best thing to pepper spray. by flowingfire March 23, 3:49 AM [Boston Globe reader comment[2]

HOW MANY PEOPLE ARE KILLED ANNUALLY BY TASERS?

For a supposedly nonfatal law enforcement tool, it sure ends up killing a lot of people. Of course, that's because it's rampantly overused and abused in situations where a cop would never pull a gun. Large amounts of electricity are used to kill people...what a surprise that slightly small amounts do too! by Wasabiturtleboston-1 March 23, 2:50 AM [Boston Globe reader comment[2]

OBEYING THE POLICE AND REASONABLE USE OF FORCE ARE EQUALLY IMPORTANT

When the cop points the TASER at you.....stop what you are doing....and live. by powhitetrash March 23, 2:22 AM [Boston Globe reader comment[2]

THE EARLY MEDIA ACCOUNTS ANF BLOGOSPHERE COMMENTS


The death occurred after Bay City officers answered a report of an early morning fight early yesterday.[2]

Two males were arguing in an apartment, and one of them "attempted to fight the officers," a police statement said.[2]

Police didn’t release his name and say state police are investigating.[1]
A police news release says officers answered a report of a fight about 3:40 a.m. Sunday. The statement says two males were arguing in an apartment, and one of them "attempted to fight the officers."[1]
Fact: According to a study by Amnesty International, a small percentage of those who have tasers used on them each year die as a direct result of getting tased, and deaths during arrests increase in police departments where tasers are introduced.[Posted by audionautix on Saginaw reader comment [4]
Fact: being belligerent and disrespectful to the police will increase your chances of having your @ss tased.[Posted by audionautix on Saginaw reader comment [4]

Police say police Tasered him, and his reaction led them to immediately call for emergency medical help. He was pronounced dead at Bay Regional Medical Center.[1]


The whole reason for the taser is to control anyone without coming in direct contact with an aggressive subject. No matter the age, sex or size. They should now go and Taze the parents for not teaching their child how to respect the police. Unacceptable ...? No...it’s the standard. Have to wait and see how intoxicated or how high the youth was.[ Posted by simonsidol on Saginaw News Reader comment[4]

Police say officers used the Taser to subdue the teenager, and his reaction led them to immediately call for emergency medical help. He was pronounced dead at Bay Regional Medical Center.[2]


I don't recall the article stating the teen died as a result of the taser...I have personally tazed 50+ subjects and yes-none of them have died...the purpose of the taser is so that neither the officer nor arrestee get injured...so we should all patiently await the autopsy report...and ... you would also be the first to complain if the officers had to become physical, not beat him, to detain him...not all teens are 5'08" 130lbs![ Posted by mezcal084 on Saginaw News reader comment[4]


Well I find it interesting that officers could not take control of a 15 year old kid they are trained police officers and they had to use a stungun on him that is unacceptable for law enforcement
[ Posted by repo0225 on Saginaw News reader comment [4]

Deputy Chief Thomas Pletzke tells WNEM-TV police placed one officer on administrative leave.[1]
Deputy Police Chief Thomas Pletzke told WNEM-TV that the department has placed one officer on administrative leave in connection with the episode.[2]

I find it interesting that this is being reported on mlives saginaw site but not on the bay city site.It seems that when a teen dies after being tasered by a member of law enforcement it should deserve at least a cursory mention in the local press. Maybe the bay city times hasn't figured out a way to put the proper spin on it yet?[Posted by heresthis on Saginaw News reader comment[4]

Michigan State police are investigating the case. The names of the officer and the teen have not been released.[3]

Most teen age KIDS!! are cocky. The teenage kid was in the wrong to go after the cops.However is a 15 year BOY that much of a danger to two full grown men? Police officers TRAINEDin self defense. Did the boy have a gun,Knife? I didnt see where they stated he did. Where thecops in that much danger? A BOY is going to kick both cops A**? I dought it. What about the nakedman they tasered last month. Did he have hidden weapons? Yea Right!! I think the cops are outof control on there use of tasers and should be held accountable for thier actions. Nakedmen and BOYS can be taken down and hand cuffed the old fashion way. Do your jobs right andnut just taser people and children because you THINK you can. I bet the Bay City copslose this lawsuit BIG TIME. We will see, and thier just might be murder charges drop this.THIS IS GOING TO FAR!! OUT LAW TASERS FOR THELAW OFFICERS ALSO. [ Posted by Saddman47 on Saginaw News reader comment [4]

Well To the people that think the Taser is no good think of this. Let's say they don't use the taser and fight with the kid and in the strugle he breaks a arm or leg, Are they at fault now? Or lets say the kid is 6 foot 2 and 240 pounds (note any size person could get lucky here) and puts up a good fight and gets one of there guns somehow then what?. The Tasers job is to stop the fight before it ever happens and save injury of the person or the officer. It seems to me in this case by some of the comments the police would have been wrong no matter what had happen. Remember That fighting with the police in the first place is a crime. Let's wait and see how the kis died before we go all crazy and want to hang anyone out to dry.[Posted by smooth781 on reader comment Saginaw News [4]

In Bay City start my supporting your police but demand answers in ths short run. In the long run use this opportunity to review your policies.

You the public have a right to know and a right to demand a department that kills a child is held accountable and must publicly and fully report.


Why not use this as an opportunity to work with your local police department and elected leadership and review your departments polices on use of force and tasers. Why wait for a child death?

Posted Here by Terry Bankert 3/23/09 You are invited to continue this discussion on my Face Book Page. http://www.facebook.com/people/Terry-Bankert/645845362
-
[1]
http://www.freep.com/article/20090323/NEWS06/90323003/1001/NEWS/Bay+City+teen+dies+after+police+Taser+him

[2]
http://www.boston.com/news/nation/articles/2009/03/23/teen_dies_when_police_use_taser_on_him/

[3]
http://www.connectmidmichigan.com/news/news_story.aspx?id=276821

[4]
http://www.mlive.com/news/saginaw/index.ssf/2009/03/teed_dies_after_police_use_tas.html

[5]
http://wsgw.com/Tasered-Teen-Dies/4063076

[6]
http://www.torontosun.com/news/world/2009/03/23/8848571-sun.html

[7]
http://www.wnem.com/news/18987196/detail.html

[8]
http://www.news.com.au/heraldsun/story/0,21985,25227299-663,00.html

[9]
http://www.cityofbaycity.org/index.asp?ID=8http://www.baycitymi.org/police/police.htm

[10]

I'm gonna let you folks in on facts that are missing. Noone inn the family is saying brett was a perfect kid you are right he had a rough life and was srinking that night. The family dont have a problem with the police using a taser. The famioly does have a problem with the half truths coming out on the news. Brett was HANDCUFFED while being tased. Does that make a diffrence to anyone it does to us. He was not fighting or swinging or throwing punches or kicks he stood up thats all he did he got dropped with no warning for standing up. he fell over and screamed as most people would do so they tased him again, this is where the family has problems but wait it gets better for all you who stick up for the police no matter what they do. The tasing caused brett to vomit so now he is laying face down in his own vomit and his heart stops. 1 of the 3 officers that were there said the victim is unresponsive. The family that was there now started to yell at the cops he's not breathing he's not breathing. this we have on audio recording. a family member wo has been in health care for most of her adult life told the police she was cpr certified and ask to try to revive him SHE WAS DENIED!!!! nor would the police try to perform cpr they refused to roll him on his side as you are supposed to do to someone who vomits whilr unconcious. So the family is not angry at the use of a taser, they are angry at the actions the cops would not let happen to save his life. This was cold and negligent. oh by the way they started taking state ments from people, bretts family and friends before the paramedics got there while he was laying on the floor dying WAY COOL BAY CITY POLICE YOU GO!!!! I HOPE THIS MAKES YOU FEEL BIG AND BAD TOUGH GUYS!!!![Posted by str8fan on reader comment from Saginaw News
[10]

http://www.mlive.com/news/saginaw/index.ssf/2009/03/teed_dies_after_police_use_tas.html


[11]

http://www.mlive.com/news/bay-city/index.ssf/2009/03/update_bay_city_teen_dies_afte.html#comments

Michigan State Police will investigate the death of a 15-year-old boy who died Sunday morning after a Bay City Police Department officer user a Taser weapon to subdue him.
Police identified the teen as Brett Elder.
Bay City Police Department officers said they responded to a fight in the 200 block of South Catherine Street at 3:40 a.m. Sunday. Officers said they were led to an apartment and found two males arguing, and tried to defuse the situation several times.

City police said one of the males, however, then tried to go after other occupants of the apartment and tried to fight the officers.
Police said they then Tasered the youth and took him into custody. Officers summoned medical personnel immediately due to the reactions of the subject.
Rescuers took Elder to Bay Regional Medical Center where he was pronounced dead.
Police said they arrested the boy's 35-year-old uncle at the hospital for assaulting a police officer there, and for resisting and obstructing police.
Prosecutors expect to arraign the uncle, of Bay City, in court today on the criminal charges.
Bay City Police Chief Michael Cecchini said the officer who used the stun gun has been placed on administrative leave for several days.
"This is a very tragic event," said Cecchini, noting the Bay City Police Department will conduct an internal investigation to determine whether the officer followed department policy when using the Taser.
Cecchini would not identify the officer.
Brett Elder attended Wenona High School, an alternative high school at 201 Woodside Lane operated by the Bay City Public Schools. Elder attended Bay City Central High School earlier this school year.
"He was a pleasant enough young man," said Jerry Lombardo, principal at Wenona High School, though Lombardo noted Elder had attended the alternative school for only about three weeks.
Police said an autopsy will take place today, but it will take weeks for final results - including toxicology tests to check for levels of drugs and alcohol.

Sphere: Related Content