Panel hammers out Taser guidelines.

Byline: Anne Williams The Register-Guard

The task of finalizing guidelines for the use of Tasers in a Eugene Police Department pilot program now lies with Chief Robert Lehner.

With a unanimous vote Thursday, the Eugene Police Commission agreed to forward to the chief a draft policy that spells out when and how police officers may employ the stun guns during the planned pilot program, expected to last about six months.

But there were points on which members could not agree - among them whether to limit the number of Taser applications allowed on one person and whether Tasers should ever be activated against people who are fleeing from an officer or offering "static resistance," such as holding onto a fixed object. Thursday's motion gave them the option to include minority comments with the recommendation.

The police department will train and equip as many as 30 of its 180 officers with Tasers, which fire two charged darts that administer a brief, disabling electric shock through attached wires. They also can be administered directly to the skin, which has a milder effect.

While police agencies across the country have credited Tasers with steep reductions in deadly-force incidents and injuries, the devices also have been blamed for numerous deaths. The commission has received ample testimony from concerned residents, some opposed to Taser use under any circumstances, others worried that the guidelines leave room for police abuse. Others support the guidelines.

The commission heard from five speakers Thursday, all but one concerned with the draft, which was forwarded with no changes. Lauren Regan of the Civil Liberties Defense Center urged the commission to reconsider endorsing any Taser policy, charging that the public involvement process has been inadequate.

Dave Fidanque and Claire Syrett of the American Civil Liberties Union asked that the commission recommend more stringent standards for Taser use, including setting a limit of three, five-second applications against any individual. The recommendation set no such limits, although it requires officers to "weigh the circumstances involved" after each application to determine whether longer or additional applications are necessary.

"We believe the standards that are before you tonight are over-broad," Fidanque said.

But patrol officer Kara Williams favored the guidelines. She related an incident in May in which an aggressive, handcuffed suspect managed to push her to the ground outside her patrol car near the downtown library, landing on top of her and breaking her leg. If she'd had a Taser, she said, she believes she would have been able to disable the man before he overpowered her. Pepper spray - one of the existing, less-than-lethal weapons in the officer arsenal - "would have taken the fight out of both of us," she said.

Eugene police have considered buying Tasers in the past but momentum stalled, largely because of community concerns. But the issue flared up last November, when Eugene officers shot and killed 19-year-old Ryan Salisbury in front of his home as he approached them with a kitchen knife.

Salisbury, who was mentally ill, had ignored orders to drop the weapon, and several beanbag rounds had failed to stop him.

The police union and community members, including Salisbury's parents, urged the police to move ahead with Tasers, believing the devices could help prevent similar tragedies in the future.

Despite concerns among some commission members, the recommendation allows officers to use Tasers on someone fleeing arrest, with consideration given to the severity of the offense, the threat the person poses to others and what other force options are available.

"The place where I found my dilemma was in the fact that there have been too many in-custody deaths (from Tasers)," said commission member Carla Newbre, who was uneasy with that and other elements.

Lehner noted that people also die in custody after being wrestled to the ground or smacked with batons.

"The point is, it's a dangerous operation either way, and how do you, by policy and instinct, tip the balance to make that decision in a split second?" he said.

Also sparking debate was the draft's allowable use of Tasers against individuals who are resisting arrest by holding onto an object (a drunken driver clinging to a steering wheel was mentioned as an example).

Even though the draft would allow the Taser's use only when the officer determines that other tactics are likely to result in significant injury to the individual, an officer or another person, and only by administering it directly to the skin, some members said that still wouldn't justify use under those circumstances.

But the guidelines' lack of limits on multiple uses generated the most discussion, with some members seeking to adopt the ACLU's recommendation.

"From everything I have read, the in-custody deaths occur, notably, at more than three applications," Newbre said.

John Brown disagreed, describing a possible scenario when an officer's only option after three applications might be a gun.

"I don't want that arbitrary number in there," he said.

"I don't think that's fair to the police officers, I don't think that's fair to the community."

Lehner will work with his staff to finalize guidelines and implement the program, estimated to cost about $30,000. The 12-member commission will play a key role in reviewing the results and determining whether the guidelines need to be modified.