Judge awards $1 million in Brett Elder wrongful death suit against Bay City, police

August 21, 2011
LaNia Coleman, The Bay City Times


BAY CITY — A federal judge in Bay City has approved a $1 million settlement in the wrongful death suit filed by the family of Brett Elder, the Bay City teen who died after Bay City police used a Taser to subdue him.

Eugene Elder Sr. filed the lawsuit against the city and Cpl. James Lyman in December 2009, nine months after his 15-year-old son died at a party on South Catherine.

An autopsy showed the teen died of “alcohol-induced excited delirium” coupled with “application of an electromuscular disruption device.”

Officers were called by party-goers who said the teen attacked a woman, placing her in a headlock.

Bay County Prosecutor Kurt Asbury has said the teen was intoxicated, “highly agitated and combative” and “took a fighting stance” against three officers.

Lyman deployed his Taser, the probes of which struck Brett Elder in the torso, according to reports. Witnesses claimed the teen had his hands cuffed behind his back when the Taser was fired.

Based on the state police investigation, Asbury declined to authorize criminal charges, saying the evidence did not prove any officers committed criminal acts.

Acting on the recommendation of retired Wayne County Circuit Court Judge Pamela Harwood, who served as mediator, U.S. District Judge Thomas L. Ludington signed an order for the disbursement of $1 million to four of the teen’s family members and the family’s attorneys.

The settlement provides $219,554 for Eugene Elder Sr.; $200,000 for Eugene Elder Jr. and Eric Elder, Brett Elder’s brothers; and $1,000 for Nancy Malucci, Brett Elder’s grandmother, court records show.

Another $7,500 is to be paid to attorney Howard Linden for administering Brett Elder’s estate.

The remaining $371,946 goes to Southfield attorneys Geoffrey N. Fieger, James J. Harrington IV and Robert M. Giroux Jr. of Fieger, Fieger, Kenney & Giroux, who represented Eugene Elder, according to court files.

The Bay City Times could not reach the Fieger law firm, Bay City attorney Kenneth G. Galica or city officials.

Eugene Elder Jr. declined to comment and other family members could not be reached.

Brett Elder's story to be featured in documentary on Taser use

March 22, 2010
By Shannon Murphy | The Bay City Times

Brett Elder’s story will be told beyond the Bay City area.

A documentary filmmaker from Missouri is featuring the story of Elder’s March 22, 2009, death in a film about the use of Tasers by police departments.

Elder was 15 when he was shocked by a Bay City police officer’s Taser and died a short time later.

Filmmaker Nick Berardini said he became interested in the issue of Taser safety while he was a journalism student at the University of Missouri. While Berardini was working for an NBC-affiliate news station, a young man in Moberly, Mo., died after he was Tasered for more than 30 seconds by police.

“That situation was so scary to us. We thought we’d look into it and see if there was anything similar going on elsewhere,” Berardini said.

Elder’s story will be featured in the documentary along with four other young men across the country who had Tasers used on them. Four died; the fifth is in a coma, Berardini said.

The film takes a look at Taser’s popularity with police departments and why they are used so often, Berardini said.

Berardini was not able to speak with Elder’s family, but spoke with several of his friends.

He said Elder’s situation surprised and alarmed him.

“It’s unfair that (the police) can manipulate a situation like Brett’s. They can say he’s taking a combative stance and justify using a weapon on a kid, when in reality it should be fairly simple to calm everyone down,” Berardini said. “The idea that anyone be objected to any level of force for simply not responding to an officer’s commands is very alarming to us.”

Berardini’s film is in post production and he hopes to show it at film festivals this fall. He has not yet released the film’s name.

Those interested in learning more about the film and updates can check out Berardini’s blog at www.taserfilm.blogspot.com.

Use of a Taser on a Michigan teenager played a role in his death

May 11, 2009
By Terry Camp, WJRT

A medical examiner has ruled that the use of a Taser on a Bay City teenager played a role in his death. But that's only one part of the medical examiner's findings.

In March, police used a Taser on 15-year-old Brett Elder after being called to a Bay City home in response to a fight. According to police, Elder was unruly and took a fighting stance against the three police officers when they responded to the call about a disturbance.

Elder died and the incident grabbed national attention -- and prompted protests.

Right now, the Bay County Prosecutor is reviewing the case.

Oakland County Assistant Medical Examiner Kanu Virani says the cause of his death is two-fold. The first part is identified as alcohol-induced excited delirium syndrome -- which has been ruled the cause of death in other cases involving a Taser.

The autopsy indicates Elder had been drinking.

The second part states the application of an electromuscular disruptive device was a contributory factor -- that disruptive device being the Taser. Virani's conclusion is that Elder's death was accidental.

Excited delirium syndrome has been ruled the cause of death in other cases involving a Taser. Delirium has been mentioned as a possible cause in the death of Robert Dziekanski, a Polish immigrant who died in 2007 after a Taser was used on him in a Vancouver airport.

An exact cause of death was never established, and a public inquiry into the incident is taking place currently in Canada.

As far as the Elder case, David Nickola, who is representing Elder's family, says he would like to see the complete autopsy report before commenting. A civil lawsuit in this case is possible.

The complete investigation is now with the Bay County Prosecutor's office, which will decide if criminal charges will be filed against any of the three Bay City police officers involved.

A decision could come in the next few days.

Taser to be tested at Quantico

"... Taser is, in effect, some kind of partner to us, since we purchase and field their systems ... not supporting them can hurt us in the public's eye." - Capt. Daniel McSweeney, spokesman for the Joint Non-Lethal Weapons Directorate, QUANTICO (May 21, 2005 - Taser tied to 'independent' study that backs stun gun - The Arizona Republic)

March 29, 2009
By DEBBIE HALL - Martinsville Bulletin

A Taser will be tested to determine if it was operating properly the night a Martinsville teenager died after the device was fired to subdue him.

Botetourt County Commonwealth's Attorney Joel Branscom said Friday a special agent with the Virginia State Police delivered the Taser to federal facilities in Quantico earlier last week.

While staff in the state lab can perform tests on firearms, Branscom said Tasers could not be tested at the state level. However, federal authorities in Quantico apparently have the ability to do so, he said.

Branscom said he hopes tests on the device will determine “if there was some malfunction in the Taser that might have contributed to this” or eliminate malfunction as a possibility.

Derek Jones, 17, died Jan. 8 after Martinsville Police Officer R.L. Wray used a Taser, an electronic device, to subdue him. Police have said Jones was acting aggressively toward the officer.

The investigation of the incident was turned over to the state police.

Martinsville Commonwealth’s Attorney Joan Ziglar asked Branscom to review the investigation because after she visited the scene of the incident the night it happened, she felt the police officer was not at fault.

Martinsville Police Chief Mike Rogers has said the Taser was deployed in accordance with the department’s guidelines.

After receiving “a very thorough report,” Branscom said it appears that special agents with the Virginia State Police have “talked to everybody who could have possibly” witnessed any of the Jan. 8 activity on Rives Road.

He does not know of any other followup that is needed at this point from the state police, Branscom said.

However, he added autopsy results and the report on the Taser are not yet available.

Autopsy results generally can be obtained within six to eight weeks, but when toxicology tests are involved, the process can take longer, Branscom said.

He also does not know how long tests on the Taser may take.

Branscom said he is working to move the process along “as quickly as I can make it move.”

Bay City Police policy calls for officers to assess subject's size before firing Taser

March 26, 2009
by Tom Gilchrist | The Bay City Times

The Bay City Police Department policy on Taser use urges officers to consider a suspect's size - among other factors - when deciding whether to fire the weapon.

Friends of Brett Elder - a 15-year-old described by relatives as about 5-foot-6 and 140 pounds - have criticized police for firing the Taser at Elder, who died after an officer subdued him with the stun gun Sunday morning. Witnesses said the unarmed teen moved toward three male police officers after Brett Elder physically attacked a female at an apartment on Catherine Street.

A suspect's "relative size/stature" is the second of 12 circumstances listed for an officer to consider when controlling a situation.

"He's not some hulking kid, he didn't have a weapon and any one of them - let alone three - could have taken him down," said Flint lawyer David J. Nickola, one of several lawyers representing the estate of Brett Elder.

Nickola on Wednesday taped a segment with NBC's "Today" show that was expected to air this morning.

Brett Elder's funeral takes place today at 4 p.m. at Ambrose Funeral Home, 1200 Garfield Ave.

The police department's policy on "Use of Force" - obtained by The Times - also urges officers to consider circumstances such as "type of crime committed or attempted" before deciding whether to use a Taser.

An officer also should consider "conditions such as the number of officers involved, number of subjects involved and availability of back-up (officers)" before Taser use, according to the police policy.

Bay City Deputy Police Chief Thomas Pletzke declined comment Wednesday when asked if officers followed department policy in dealing with Brett Elder. The Michigan State Police are investigating the circumstances leading to Brett Elder's death.

The policy on "Use of Force" prohibits Bay City officers from using a Taser on a handcuffed subject.

Wendy Elder, 34, the late teenager's sister-in-law who said she witnessed the police confrontation with Brett Elder, maintains the teen had been handcuffed when an officer fired the stun gun.

Police deny that claim, and also dispute Wendy Elder's allegation that an officer fired the Taser twice in subduing Brett Elder.

The police policy also instructs an officer to consider whether a subject is under influence of alcohol or other drugs. Relatives said Brett Elder had consumed alcohol.

Brett Elder was one of about seven adults or teenagers inside the apartment when police officers tried to calm him down, witnesses said.

Bay City Police Chief Michael Cecchini said Brett Elder "became unruly and took a fighting stance against the officers" inside the apartment. At that point, an officer deployed the Taser, Cecchini said.

The weapon shoots two probes into a targeted subject's body, with the probes attached to the power source by insulated wires, according to police. A discharge of electricity disrupts the body's ability to send messages from the brain to the muscles, causing motor-skill dysfunction, according to police.

Dr. Kanu Virani conducted an autopsy on Brett Elder's body on Monday but hasn't announced preliminary results of the procedure.

Nickola, who is working with Southfield attorney Geoffrey Fieger on the case, said they have hired renowned forensic pathologist Werner Spitz to do a second autopsy on the teen today.

Fieger claims autopsy results "are expected to show (Brett Elder) died from being electrocuted by Taser causing his heart to defibrillate."

The Times could not reach Virani for comment about Fieger's contention.

One of the late teen's friends, 23-year-old Bethany Schuster of Flint, joined with several other to paint "The Rock" on 12th Street and Hammerberg Road in Flint this week to protest Brett's death.

Schuster and her boyfriend, Brandon Look, painted the Rock on Tuesday with birthday wishes for Brett, who would have turned 16 that day.

Using paint, they also added a message.

"Tasered to death by Bay City PD," the Rock read.

Police Call Teen's Death 'Tragic'

This little tidbit of information is sure to give my readers a warm fuzzy feeling all over: "Taser International will be in town this week to INVESTIGATE THE TASER that was used on the teen. The group is working with the Michigan State Police, which is leading the investigation." Well, taser me in the chest - how gosh-darn comforting it is to know that Taser International will be right in there like a dirty shirt "investigating the taser" that killed a child?!?! If this was MY investigation, I wouldn't let them anywhere NEAR the taser in question. I'm choking on the "conflict of interest"

If we have learned nothing else in Canada, we have learned that neither Taser International nor the police are in a credible position to make a finding on the taser in question. This taser needs to be tested "independently."

March 24, 2009
WNEM.com

BAY CITY, Mich. -- Police in Bay City held a four-minute news conference Tuesday afternoon to address the death of 15-year-old Brett Elder, who was possibly killed by a Taser.

During the conference, Bay City Police Chief Michael J. Cecchini addressed the media by reading a prepared written statement.

Uncut: Uncut: Bay City Police Chief Holds News Conference In Taser Incident

Cecchini said officers acted properly and denied an allegation that officers used the Taser gun after the teen was in handcuffs.

“A Taser electronic control device was deployed for one five-second cycle to subdue Brett,” Cecchini said.

“He was subsequently handcuffed without incident. Upon taking Brett into custody, officers recognized signs of a possible medical problem and immediately rendered aid and summoned medical personal to the scene.”

The teen was taken to the hospital and later died.

Elder’s family said the use of the Taser was unjustifiable and plans to file a lawsuit.

Police were originally dispatched to break up a fight at the home in the 200 block of Catherine Street early Sunday morning.

Police said when officers arrived they found two men fighting.

“Brett became unruly and took a fight stance against the officers,” Cecchini said. That's when Cecchini said officers used the Taser.

"He was flopping around and looked like a fish out of water," said Elder’s aunt Cindy Hernden. "That’s the only way to explain it -- his whole body was bent over."

Eugene E. Elder Sr. admitted his son had been drinking alcohol before the incident but claims officers used the Taser gun after Brett had been placed in handcuffs.

The officer who used the Taser is on administrative leave, standard procedure used by Bay City police in situations like these.

Cecchini said members of the Bay City Police Department have been armed with Taser Guns since February 2008 and currently have nine of the electronic control devices.

Taser International will be in town this week to investigate the Taser that was used on the teen. The group is working with the Michigan State Police, which is leading the investigation.

A fund has been set up to help with funeral costs for the Bay City teen. It’s called the Brett Elder Funeral Fund and donations can be made at any National City Bank branch.

An autopsy was performed on Elder’s body Monday, but results are pending a toxicology test.

Elder would have turned 16 Tuesday.

Amnesty International's London office said Tuesday the death "reinforces the need for greater caution" before Tasers are distributed more widely.

Bay City police, witnesses disagree on what happened after Taser incident

March 24, 2009
by Tom Gilchrist, The Bay City Times

Bay City Police Chief Michael Cecchini said officers "immediately rendered aid" after using a Taser on 15-year-old Brett Elder, who died Sunday after the incident.

With Bay City Mayor Charles M. Brunner and City Manager Robert V. Belleman standing behind him in the Bay City Commission Chambers, Cecchini offered condolences to Elder's family during a press conference this morning.

City police, however, didn't allow relatives of the late teen into the room to hear the police chief read from a prepared written statement.

Cecchini, the mayor, the city manager and Deputy Police Chief Thomas Pletzke immediately walked out a side door after the chief's statement, fielding no questions from the press.

Wendy Elder, 34, the late teenager's sister-in-law, said Cecchini's account of police rendering aid immediately is not accurate.

"I was there, and the police didn't do anything," said Elder, reacting to the account Cecchini gave to the media.

"The police didn't do (cardiopulmonary resuscitation) and they didn't let us do CPR," Elder said. "I don't have a CPR certification any more, but I wanted to help him."

Brett Elder died Sunday morning after a Bay City officer used a Taser to subdue him. Wendy Elder said minutes elapsed as police officers kept her away from the teenager as officers waited for medical personnel to come to the scene.

Relatives and friends said Brett Elder had consumed alcohol before police encountered him at 3:40 a.m. inside an apartment at 210 S. Catherine St.

No date and time has been set for Brett Elder's funeral. Ambrose Funeral Home of Bay City will handle arrangements.

Jessica Gregory, 27, of Bay City, a friend of the late Brett Elder, fought off tears after reading a copy of Cecchini's written statement handed to her by the media.

"Brett could have been saved," Gregory said. "This didn't have to happen."

Michigan State Police officers are investigating Brett Elder's death, and Cecchini said his department is "cooperating fully" with state police investigators.

The Bay City Police Department also is investigating whether officers followed department policy in firing the Taser, according to the police chief.

Jessica Gregory criticized city police officers for not allowing friends and relatives of the late Brett Elder to attend Tuesday's press briefing.

About 16 people gathered in a parking lot along Tenth Street near City Hall immediately after the briefing, some expressing anger at being denied entrance to Commission Chambers.

"Haven't we lost enough already?" Gregory said. "They're gonna take this away from us, too? We have a right to be there."

Tasers: Death of 15-year-old in USA reinforces need for caution in wider rollout of weapon

March 24, 2009
Amnesty International UK

The death of a 15-year-old boy in Michigan, USA after he was shocked with a Taser gun reinforces the need for greater caution to be applied in the roll out of Tasers to frontline police officers in the UK, said Amnesty International.

The organisation also called for further tests into the safety of the electro-shock weapon.

While few details are available, a police news release stated that the 15-year-old boy - who has not been named - was shocked when he 'attempted to fight' Bay City officers responding to reports of an argument between two males in an apartment. The boy is reported to have been unarmed.

The boy reportedly went into medical distress immediately after being shocked and was pronounced dead in hospital.

Amnesty International UK's Arms Programme Director, Oliver Sprague said:

'Tasers should only be used in life-threatening situations and this doesn't appear to be such an instance. Surely another form of restraint could have been applied in this case.

'The tragic death of this teenager is a grave reminder that extreme caution has to be applied when Tasers are being used. Only a limited number of officers who undergo intensive, ongoing and rigorous training should be given these weapons.'

According to information gathered by Amnesty International, this is the second minor to have died in the USA this year after being shocked with a Taser. In January, an unarmed 17-year-old boy in Virginia died after police, responding to a minor street incident, shocked him in his apartment.

Since June 2001, the total number of deaths after the use of Taser guns in the US has risen to 351.

Amnesty is urging the Home Office to limit the number of police officers who are armed with Tasers.

Oliver Sprague continued:

'Here in the UK, we cannot ignore the history of the Taser in other countries such as the USA and Canada. This is the second minor in the USA who has died after being shocked by a Taser. We do not want to see a repeat of that here in the UK.'

Notes to the Editor

1. Last December, Amnesty International issued a report about the problems attached to the use of stun weapons in law enforcement. The study cited medical data suggesting that their use may trigger a fatal reaction in individuals already compromised by drugs, exertion or ill-health. The report also cited cases in which apparently healthy individuals died after being shocked.

2. In March last year, 17-year-old Darryl Turner died when police used a Taser on him after an argument in the store where he worked in North Carolina. A video-tape showed an officer fire Taser darts into Turner's chest as the unarmed teenager stood with his arms by his side. The coroner ruled his cause of death to be a fatal disturbance of the heart rhythm due to stress and the Taser shocks. His death is one of at least 50 nationwide where coroners have ruled that Tasers were a cause or contributory factor.

Taser Protocol For Police

WOW - this is pathetic. These guys don't have one clue to rub together. They're a deadly combination.

Mar 23, 2009
Reporter: Tiffany Teasley

Following a deadly Taser incident in Bay City leaving a 15-year-old dead, News 10 examines Taser protocol for law enforcement.

It's a tool you don't want to be a target of -- with just one trigger pull the shock of a Taser confuses the nervous system causing the muscles to contract, but how long is too long?

"You use a Taser until you determine that it's not effective and then you switch to a different tool, or once you see that resistance end then you stop using the Taser," said Michigan State Police Sgt. Jason Williams

Williams gave News 10 a Taster demonstration, he says the voltage and amperage are already preset on the Taser. A typical deployment last about 5 seconds, but officers can continue tasering if the subject is still combative.

"And if after a 5 second deployment, that resistive behavior starts again, then it's very justified to use two or three or four subsequent cycles, as far as particular guidelines, it's really what's reasonable," Williams said.

Most officers use the X 26 Taser, with a peak voltage of about 50,000 but once it hits the body officers say it's only about 1200 volts.

"Tasers don't cause deaths, other factors that are involved in those situations are generally what cause those deaths," Williams said.

Factors like substance abuse combined with high adrenaline can be deadly says Dr. Ran Rhule of Sparrow Hospital.

"Ingestion of an exciting drug, cocaine amphetamines, patients that are heavily narcotized by alcohol," Rhule said.

But even in repetition Rhule says the shock is safe.

"It's safe based on the voltage and the amperage, that's the safe part," Rhule said.

Autopsy completed on Brett Elder, 15

By Rebecca Trylch
ABC News

BAY CITY (WJRT) -- Bay City police expect to release more information sometime today about what killed a 15-year-old boy after police used a Taser on him.

Family members tell us the victim's name is Brett Elder, although his friends called him "Dewey."

Bay City's deputy police chief did not want to speak on camera about Elder's death, but does say, despite reports from witnesses, Elder was not handcuffed when he was Tased.

Here is the timeline of what happened.

At 3:40 Sunday morning a 911 call was made. Witnesses said there was a fight in progress that included Elder.

According to police, at 3:44 the first units arrived, and officers tried to break up the fight.

Shortly thereafter, Elder went after other people in the house and police in a threatening manner.

At 3:53 an officer deployed his Taser. Elder was struck once in the chest.

Elder had a reaction at the same time, which included vomiting.

Police say an ambulance was called, and Elder was turned on his side to prevent choking.

Medical aid was then given when paramedics arrived.

Elder was then taken to Bay Regional Medical Center where he was pronounced dead.

An autopsy was completed today, but the results have not been released just yet.
Bay City police tell us the officer involved is on paid administrative leave, which is standard procedure.

Michigan State Police are handling the investigation into Elder's death.

Michigan 15-year-old dies after police Taser him

Brett Elder, 15, unarmed, tasered in the chest, apparently already in handcuffs - the youngest ever victim of a taser.

I just received the following comment: "what they aren't telling you is that the cop continued to tase him because he was drunk and would not be quiet...He wasn't trying to physically fight them, he was just running his mouth....The cop tased him over and over..."

March 22, 2009
The Associated Press

BAY CITY, Mich. (AP) — Police in Michigan say a 15-year-old boy has died after being Tasered by officers who were trying to break up a fight.

Police didn't release his name and say state police are investigating.

A Bay City police news release says officers answered a report of an early morning fight on Sunday. The statement says two males were arguing in an apartment, and one of them "attempted to fight the officers."

Police say officers Tasered him, and his reaction led them to immediately call for emergency medical help. He was pronounced dead at Bay Regional Medical Center.

Deputy Chief Thomas Pletzke tells WNEM-TV police placed one officer on administrative leave.