Pubdate: Sun, 09 Jan 2005
Source: Janesville Gazette (WI)
Copyright: 2005 Bliss Communications, Inc
Contact: http://www.gazetteextra.com/lettereditor.html
Website: http://www.gazetteextra.com/
Details: http://www.mapinc.org/media/1356
Author: Mike DuPre', Gazette Staff
Bookmark: http://www.mapinc.org/racial.htm (Racial Issues)

INVESTIGATION FINDS USE OF FORCE WAS JUSTIFIED

An internal investigation by the Janesville Police Department
determined that the type and amount of force, including a Taser, used
to subdue a 16-year-old burglary suspect in November was appropriate
and justified.

Sedric Hibbler and Mary McIntyre, his aunt and guardian-both of 212
Glen St., Janesville-contended that officers Aaron Ellis and Chad
Woodman shocked Hibbler multiple times with a Taser, struck him and
that one of them called him a racial epithet even though he complied
when they arrested him Nov. 17.

The officers reported that Hibbler struggled, tried to flee and struck
Ellis in the process, apparently because he did not want them to find
almost an ounce of marijuana in his jacket pocket.

Hibbler has been charged as an adult with burglary, resisting, battery
to a police officer and possession of marijuana. His case is
proceeding in Rock County Court.

"The force issues are unfounded," Police Chief Neil Mahan said. "The
force that was used was appropriate and correctly applied. There is no
evidence to indicate multiple Taser applications. In fact, there is
evidence to contradict that."

That evidence was a review of the internal electronic records that
Tasers keep. Woodman reported that he fired his Taser once at Hibbler
but that Hibbler continued to struggle, breaking the hold of one of
the Taser's two wires.

The records of the Tasers of Woodman, Ellis and other officers who
responded to the incident were checked, and only one application of
Woodman's Taser was found, Mahan said.

Two sergeants and a lieutenant conducted the internal investigation,
which produced four binders of evidence and reports.

"He was actively resisting. There's no question about that," Mahan
said, adding:

"There is a lack of physical evidence. Sedric claims he was struck
numerous times. There's no evidence to support that. There were no
complaints of injury by him while in custody.

"It was an appropriate use of force, a justified use," the chief said.
"The officers did the right thing. The force used was reasonable."

The investigators reviewed photos of Hibbler, looking for signs of
multiple Taser application, but did not find it, Mahan said.

McIntyre doesn't buy the investigation's conclusions.

"Not by the marks on his body," she said. "I figured that would be
their final conclusion because I know Janesville and that's where it
stands."

Mahan added that the investigation also turned up no evidence to
support other charges made by Hibbler-that he was struck multiple
times and that one officer addressed him with a racial slur-or that of
Hibbler's cousin, Michael McIntyre, that he was hit in the back of the
head after being forced to sit on a curb by Woodman.

"He was placed on the curb," Mahan said of McIntyre. "There's no
evidence to indicate he was struck in the head. ...

"So much of what these situations are about is not what the officer
does but what the person being arrested does. They (officers) are
reacting to active resistance, and their reaction was appropriate and
justified."

Because the officers responded correctly, the incident raised no
training issues for the department, the chief said.
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