Judge quashes references to 'death by taser'

On May 2, visiting Judge Ted Schneiderman ruled that Summit County Medical Examiner Lisa Kohler must change death certificates and autopsy reports on three men to delete any reference suggesting that Tasers contributed to their deaths. In each case, the judge had specific wording that he ordered the medical examiner to remove from the documents, with the requirement to substitute the words “accidental” or “undetermined” as cause of death.

A Taser is a stun-gun that delivers an electric shock with the usual goal of incapacitating the human being it hits.

In the case of Mark D. McCullaugh Jr., who died as an inmate in the Summit County jail in August 2007, the order requires Kohler to delete the words “homicide” due to “multiple restraint mechanisms with beating and anal penetration,” as well as any reference to death by “asphyxia due to the combined effects of chemical, mechanical and electrical restraint” from McCullaugh’s death certificate and autopsy report.

Five deputies face charges for McCullaugh’s death. Deputy Stephen Kendrick is charged with murder, the most serious of the charges, and goes to trial on June 16.

Judge Schneiderman’s decision also puts forward an alternative explanation for cause of death for Dennis S. Hyde and Richard Holcomb: “excited delirium syndrome” or “agitated delirium.” These are terms that do not appear in medical manuals, but have been pushed by Taser’s advocates to describe deaths of people who become so agitated by drugs or mental illness that their bodies develop fatal cardiac arrhythmia during struggles with police. Taser funds research on excited delirium.

Hyde died in 2005 after three officers used Tasers on him. Holcolm died in 2005 after being shot four times with a Taser. Both men were on methamphetamines at the time. (Plain Dealer, May 3)

On Hyde’s and Holcomb’s documents, the medical examiner is being ordered to remove any reference to “homicide” or “contributing factor of electrical pulse incapacitation” and substitute the word “accidental.”

Since 1999, more than 300 people have died in North America following police use of Tasers. Medical examiners cited the stun gun directly or included it as a factor in almost 10 percent of the cases, according to an investigation by The Arizona Republic. (May 2)

The ruling was in response to a suit brought by Taser International Inc., joined by the City of Akron, against Dr. Kohler. The company has sued other coroners, demanded judicial review of autopsy reports and asked coroners to reverse opinions.

Kohler states that she received an abundance of information from Taser, all with the objective to prove her rulings wrong.

Taser spokesman Steve Tuttle, who was pleased with the Summit County ruling, stated, “We will hold people accountable and responsible for untrue statements. If that includes medical examiners, it includes medical examiners.” (Arizona Republic, May 2) According to Taser, more than 60 cases against the company have been dismissed. Others, however, are pending.

Dr. Bruce Levy, Tennessee’s chief medical examiner, expressed shock at the Summit County ruling. “Judges should not be practicing medicine, and that is clearly what the judge is trying to do in this case,” he stated. “I, for one, would never sign my name to reports that I did not write myself, or agree with myself. And that is literally what the judge is asking Dr. Kohler to do, which is to change her report and sign her name to something she, in her professional opinion, does not believe.” (Akron Beacon Journal, May 3)

John Manley, of the prosecutor’s office who represented Kohler, said, “Taser is quite a force to be reckoned with and does everything to protect their golden egg, which is the Model X26.” (Associated Press, May 3) Taser’s net worth leapt from $19 million in 2006 to $49 million in 2007.