By Bo Rosser Court TV
PHOENIX A former Arizona deputy who alleges he was forced to retire after a Taser-related injury told a jury he was repeatedly reassured that the stun gun was safe before being shocked in a 2002 training exercise. "[The instructor] drummed it in all our heads that the Taser did not cause injuries and didn't have any long-term effects," Powers said Friday. In a civil suit filed against Taser International, Powers claims an instructor, certified by the manufacturer, insisted all officers who carry the gun be shocked before being issued the weapon. After undergoing a one-second burst from the gun, the 47-year-old said he suffered a compression fracture that ended his 16-year career as a deputy. He is suing for $800,000 in lost and future wages and an unspecified amount of punitive damages.
At issue is whether Powers was warned of possible injuries and whether these warnings would have affected his decision to take a "hit." "I wouldn't have taken the exposure because of the risk of injuries," Powers testified. Under cross examination, defense attorney William Drury led Powers through portions of a Power Point presentation that the former deputy watched before being "Tased" on July 16, 2002. One of the slides stated that "short-term injuries can result from falls," after an individual is shocked. Both sides dispute whether the T-7 spinal fracture Powers suffered is a life-long injury that ruined his career. During yesterday's testimony, the jury saw Powers' training video for the first time. In the three-second clip, members witnessed Powers fall to his knees and heard the ex-deputy scream. Powers had two probes attached to his skin — one to his shoulder and another to his ankle. Powers testified he felt intense pain in the middle of his back during the 50,000-volt. "It was pretty much the worst pain I've ever felt," Powers said. "It didn't go away." Powers testified that after the incident, he drove himself home and then to a hospital, where he was diagnosed as having a crushed vertebra. "I was in disbelief because I was told the Taser couldn't hurt me," Powers said. "Now I'm finding out I have a compression fracture from the Taser." Dr. Terry McLean, who also testified Thursday, told Powers in February 2003 that he should not continue as a full-duty deputy because of pain from the injury and because he had since been diagnosed with osteoporosis. The osteoporosis is a pivotal issue in the trial. Defense attorneys produced a medical record that showed Powers was diagnosed with osteoporosis in 1999, years before he took part in the Taser training exercise. That fact, according to the defense, meant Powers should have known his health was not 100 percent and he should not have elected to participate in the Taser training. McLean testified that the osteoporosis diagnosis was inaccurate because it is impossible to tell if a patient has osteoporosis from a simple X-ray. A bone density test is required, according to the orthopedic surgeon. That test was not done until after the incident. During pre-trial motions Friday, attorneys for Taser argued to have a work performance record entered into the trial. The move, which could paint the deputy as an employee in poor standing, may undermine the plaintiff's portrayal of Powers as a deputy who was repeatedly promoted. Judge Paul A. Katz ruled attorneys may question Powers about his work performance and any pending disciplinary actions at the time of the incident. The cross-examination of Powers is expected to continue through the end of the day. The trial, which is being streamed live on Court TV Extra, will continue Tuesday. Company under fire Taser International, which built its reputation on its non-lethal approach to crime fighting, has been under fire since 2003, when a series of law suits alleging Taser-related injuries were first filed. Five suits against the company have been dismissed this year. Powers' case is the first to go to trial, according to Taser. The M26 Taser, like the one used on Powers, uses compressed nitrogen to project two probes up to 21 feet. The probes, connected to the gun by insulated wire, impair the receiver's neuromuscular control so effectively a person loses control of his or her body, according to the gun maker. After the probes have been fired, the gun can also be used in "touch" mode. Stun guns are not considered a firearm by the Bureau of Alcohol, Tobacco and Firearms and are therefore not regulated by the federal government. However, some states have outlawed their use. Approximately 8,000 U.S. law enforcement agencies are equipped with the guns, according to its maker. |