Attorney: Police Shot Teen With Taser Gun At Least Seven Times

NBC6.net
Oct. 12, 2005

A teen who police shot with a Taser gun at least seven times said they had no reason to attack him, but the Hialeah police chief disagrees.

Attorneys for Roberto Martinez, 16, said Hialeah police used excessive force when they used a Taser gun on the teen seven to 10 times outside a Wendy's restaurant. Several teens had gone to the restaurant after a football game.

Images: Teen Shot With Taser Gun
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Police said Martinez was trespassing and was asked to leave the parking lot, but he refused.

"The subject was violent. The subject was kicking and punching the police officer, and the officer has a duty and right to protect himself and take the subject into custody," Hialeah Police Chief Rolando Bolanos said.

"If there's anybody who used violence here, it's pretty clear it was the Hialeah police officers who were involved," said David Kubilium, Martinez's attorney.

Kubilium said Martinez is a mild-mannered 16-year-old and a good student at Hialeah High School.

"He has never been arrested before and never even had any problems. He never had any contact with the system," Kubilium said.

Martinez's attorneys claim that several witnesses at the scene said Martinez never acted violently toward the officers and said that he was unarmed.

"We have the same witness that saw him being Tased while he was unconscious. She thought he was dead," said Lyn Overman, Martinez's attorney..

Bolanos said that after reviewing the incident himself, he found the officers had acted appropriately.

"The only force that they used was the application of the Taser, and that is specifically what the Taser is for -- to be used in order to subdue a violent offender," Bolanos said.

Bolanos said Martinez was shot with the Taser gun several times because the baggy clothes he was wearing would not allow the Taser to affect him.

Bolanos added that the teen's family never filed a formal complaint with the department and he first learned of the incident on the news.

"If they come in and want to file a complaint, we will thoroughly investigate the case and submit it to the state attorney's office for their review. If there (are) any findings of any wrongdoings, we will take appropriate action," Bolanos said.

Martinez is charged with resisting arrest with violence and battery on a law enforcement officer. His attorney wants the charges dropped and the incident investigated.