Pubdate: Thu, 06 Apr 2006
Source: Tennessean, The (TN)
Copyright: 2006 The Tennessean
Contact:  http://www.tennessean.com/
Details: http://www.mapinc.org/media/447
Author:   Associated Press
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

TBI TO REVIEW VIDEO IN INVESTIGATION OF JAILERS' USE OF TASER

Hand-Held Camera Was Used, Family's Lawyer Says

CLEVELAND, Tenn. -- The Tennessee Bureau of Investigation has a video 
to review as part of the investigation of jailers who used a Taser to 
restrain a prisoner who then lapsed into a coma, agency spokeswoman 
Jennifer Johnson said yesterday.

Christopher McCargo, 42, remains in a coma at a Cleveland hospital, 
where he was taken by ambulance several hours after his Feb. 24 
arrest on a public intoxication charge.

Bradley County Sheriff Dan Gilley asked the TBI to investigate after 
McCargo's relatives complained when county officers initially said 
the jail's digital video surveillance equipment erased the segment 
that showed officers using the Taser to restrain McCargo.

A lawyer for McCargo's family said the new video came from a 
hand-held camera used by a jailer.Johnson confirmed that agents had 
received a video.

"We don't know what is on it at this point," Johnson said. Johnson 
said the investigation report would be turned over to District 
Attorney General Jerry Estes."He will make a decision on what kind of 
action is appropriate, if any," Johnson said.

Sheriff's Department officials
previously said McCargo had been shocked with a Taser at the jail when
he became combative during booking, and that he suffered seizures and
lost consciousness several hours later.

Arrest reports show that he told Cleveland police he had been 
drinking and smoking crack and marijuana.

The Taser manufacturer warned in June 2005 that use of its weapons 
should be kept to a minimum on people who may have a drug-induced 
condition known as excited delirium.

A statement from Gilley after the arrest said an internal 
investigation found that officers had followed department policy.

John Wolfe, a Chattanooga attorney for the McCargo family, said the 
sheriff had "denied any film existing of this incident" and that no 
one mentioned that a corrections officer used a hand-held video 
camera to record the events. "It became apparent eventually through 
Tennessee Bureau of Investigation sources that (there are) hours of 
film recording the many events that! occurre d during Chris' 
custody," Wolfe told the Cleveland Daily Banner.

Bradley County Chief Deputy Bill Griffith said the department was 
"simply working and letting them (TBI) do their job." "At this point 
nothing has come forth in the investigation of any wrongdoing," he said.

Wolfe said the McCargo family "is concerned with the investigation of 
the Taser assault, which has left their son in a coma for 40 days 
now. With the lack of a meaningful official investigation, the family 
had to do their own.

"Wolfe said the family wanted to know why no law enforcement agency 
photographed "obvious Taser wounds" on McCargo's neck. He said the 
family also raised questions about why blood or urine samples were 
discarded by law enforcement and not kept for analysis. "Now law 
enforcement claims the Taser use to Chris' neck at close range has 
nothing to do with him being in a coma, but everything has to do with 
what he ingested," Wolfe said.
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MAP posted-by: Beth Wehrman