“I sought a dismissal of these charges in the interest of justice based upon the misconduct of the Avon Police Department, “said Attorney Steven Sessler. Sessler wants all charges against his client David Homer dropped based on what he says was excessive force by Avon police. “All of these documents from the Avon police department indicate that while Mr. Homer was on the side of the road and being taken into custody he was Tasered with a 50-thousand volt Tasers five times,” said Sessler. On January 12th Avon Police say Homer had to be Tasered several times after he assaulted an EMS worker and became combative with police. “If you read the reports you see that Mr. Homer the defendant was completely and utterly out of control,” said Livingston County District Attorney Tom Moran. Moran says officers did everything by the book to try to bring the situation under control. “They tried to restrain him and tried to restrain him and finally used a Taser to get him under control,” said Moran. In all records show homer was Tasered ten times within a few minutes. Sessler says at one point Homer was even Tasered while he was handcuffed, shackled and masked. “The tenth and final Taser was a nine second application by the chief at which point Mr. Homer went unconscious,” said Sessler. Chief Jim Carney initially agreed to talk with News Eight but later declined under the advice of council. So far Homer’s attorneys have not filed a civil suit.