December 04, 2007

latest Taser horror story: mistaken identity

Wrong Suspect Tased In Blytheville

Updated: Dec 3, 2007 12:14 PM

andy.wise@wreg.com

(Blytheville, AR, 11/30/2007) Blytheville's police chief says it was the wrong man, but the right action when his officers "Tased" a Special Olympics athlete Wednesday night.

Two Blytheville Police Department officers were on the look out for a 'Travis Henderson' who has an outstanding warrant for failing to appear in court on a reckless driving charge. While on patrol, one of the officers recognized 25-year-old Travis Henderson, a Special Olympic medalist who has competed in track-and-field events from Iowa to Shanghai and has been honored in the local newspaper. Henderson was jogging near Knowles and McHaney in Blytheville.

Blytheville Police Chief Ross Thompson says Officers Michael Tovar and Brandon Bennett stopped Henderson to question him, but they called for a third officer, Jeremy Joseph Ward, when Henderson appeared not to cooperate with them.

According to Ward's use of force report, he

"...noticed a black male subject who was pulling away from Officer Tovar. Officer Bennett then came around to the left side of the subject and grabbed his arm and attempted to restrain him while Officer Tovar tried to handcuff him. The subject continued struggling and attempting to get free. After being told several times to comply with the officers he was drive stunned on the right part of his chest. After this application, the subject struggled with officers again briefly but stopped when I was about to administer another drive stun. The subject who was identified as Travis Henderson was taken into custody without further incident."

Except he wasn't the 'Travis Henderson' they were looking for.

In an exchange with Thompson, 3 On Your Side determined the officers failed to establish Henderson's identity. They stopped the wrong 'Travis Henderson' simply because one of the officers recognized him either from school or from his Special Olympics fame.

"(3 On Your Side) DID (YOUR OFFICERS) CHECK THEIR BIRTHDATES?"

"(Thompson) They actually did, and they found they were very similar."

"(3 On Your Side) BUT NOT THE SAME."

"(Thompson) But not the same."

"It was a misidentification," says Nina Spiller, a friend of Henderson's family, "and if they had did correct protocol to find they had the right 'Travis Henderson,' then all of this could have been prevented."

"I just feel like...like I've been treated like an animal or something,"
says Henderson.

3 On Your Side obtained the Taser cam footage of the incident. The footage came from a camera mounted on the Taser gun. It shows what appears to be the side of Henderson's right chest in some sort of a struggle. There is an exchange of words between Henderson and Officer Ward:

"(Officer Ward) O.K., don't resist..."

"(Henderson) O.K."

"(Officer Ward)...'cause you're gonna get Tased."

"(Henderson) I'm not..."

A few seconds later, Henderson screams as he receives a single "drive-stun," a low-level burst of electricity that is not a full deployment of the Taser's power.

"I thought he was trying to kill me or something,"
says Henderson, whose family says he suffers from a severe learning disability.

Thompson admits his officers got the wrong guy, but he supports their decision to "Tase" Henderson because of his resistance. The officers charged Henderson with disorderly conduct and resisting arrest.

But under recommendation of City of Blytheville Prosecutor Mike Bearden, the city dropped the charges.

"I'm not sure what continuing on with our charges would do," says Thompson. "I'm also trying to take a look at the warrant for the real Travis Henderson that is out there to see what we can do to possibly avoid this any kind of confusion with this young man again."

Thompson is meeting with Henderson and his family Dec. 4 to present the Taser cam footage to them and address their concerns.

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