Disabled 50 Yr Old Tasered Twice: "Freebery did not fall to the ground, or respond in any way, so the officer stated, 'Oh, you want another one' and fired a second Taser into Freebery’s chest."

Suit claims Elsmere police improperly used Taser
By SEAN O'SULLIVAN • The News Journal • June 26, 2010
Jun. 28, 2010

A 50-year-old disabled Elsmere resident has filed suit against the town government and police force charging officers improperly used a Taser on him -- twice -- in June 2008 though he’d done nothing wrong.

The federal civil action, seeking damages and legal fees, was filed in U.S. District Court this week by Ronald K. Freebery.

Town Manager John S. Giles Jr. declined comment on the suit, stating the town only received a copy of the suit Friday and that it is policy not to comment on pending litigation.

According to Freebery’s attorney, William J. Rhodunda Jr., and court papers, Elsmere police were summed to Freebery’s home after receiving a 911 call about a domestic disturbance on June 27, 2008 around 6:30 p.m.

The suit states two officers immediately entered the home, unannounced, and demanded the Freebery, who was declared legally disabled in 1989 due to a severe head, back and neck injury, get out of the house.

Freebery complied, according to the suit, but then just outside the door of the home one of the police officers “discharged his department issued Taser at Freebery without cause or justification and struck him in the chest.”

The suit states Freebery did not fall to the ground, or respond in any way, so the officer stated, “Oh, you want another one” and fired a second Taser into Freebery’s chest.

The lawsuit claims the use of the Taser was unprovoked, “grossly excessive and unnecessary” and resulted in severe and permanent injuries.

Police charged Freebery with resisting arrest and two counts of offensive touching, but the lawsuit states all charges were dropped in February 2009 “due to lack of prosecutorial merit” and neither of the arresting officers appeared for the trial.

Rhodunda said there appears to be a “pattern of misuse of Taser devices across the board” by police agencies, and he traces it to a lack of proper training on how and when to use the devices that are designed to deliver a painful but non-lethal electric shock.