Federal probe sought in Taser incident

Tennessean.com
Oct. 06, 2005

The family of a Nashville man who died after being shocked by police Tasers wants a U.S. Department of Justice probe into the incident.

Separately, concerned citizens have asked the U.S. attorney in Nashville to investigate the death last month of Patrick Lee, who was shocked by the stun guns up to 19 times.

The family and the citizens say they want answers about the death from an independent investigation done outside the Metro Police Department.

The FBI already may be looking into the matter. Agents talked to a Metro police deputy chief last week, police spokesman Don Aaron said.

"I just don't think that inquiries into police conduct can be left to the (Metro police) department," said Dan Alexander, a Nashville criminal defense lawyer who wrote a letter calling for the U.S. attorney to investigate.

Another Nashville defense attorney, David Brandon, said he, too, had asked federal prosecutors for an investigation.

Metro officers "just lost control and, in my opinion, committed homicide," Brandon said. "And I've not encountered anybody that thought what the police department did was anything less than a homicide."

Lee's family is in the process of asking the Department of Justice to look into whether his civil rights were violated, family attorney Tommy Overton said.

"I think it's admirable that citizens of the community are concerned about what happened to Mr. Lee, and the family thinks its admirable that people out there are trying to do something about it," Overton said.

Jim Vines, the U.S. attorney for Middle Tennessee, said he could not comment on whether he has taken on the case.

The Department of Justice's Civil Rights Division has not opened an investigation into the matter, spokesman Eric Holland said.

FBI agents talked last week with Metro Police Deputy Chief Steve Anderson, who briefed them on two internal investigations that Metro has undertaken, Aaron said.

The FBI did not indicate whether it was conducting its own probe, Aaron said. The FBI's supervisory special agent in Nashville, D. Keith Bryars, said he could neither confirm nor deny the existence of an investigation.

"I believe that the federal government knows this police department is conducting two very serious and thorough investigations into the death of Patrick Lee," Aaron said.

The homicide unit is looking into circumstances of Lee's death and will report findings to Davidson County District Attorney General Torry Johnson, while the Office of Professional Responsibility will determine whether officers followed protocol, Aaron said.

Should a federal case be opened, Metro will fully cooperate, Aaron said.

As of now, the stun guns have been pulled from the city's patrol officers, although supervisors will carry the devices, which are capable of delivering debilitating 50,000-volt electrical shocks.

Lee, 21, died Sept. 24, two days after police tried to subdue him with Tasers. Police do not know what caused his death, Aaron said.

Vines said any requests for an investigation would be given due consideration by his office. He also said his office would consider recusing itself because it works so closely with Metro police.

Metro officers often participate in the federal prosecutor's investigations and serve on task forces with the FBI, ATF and other federal agencies, Vines said.