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Avon man sues police over excessive force with Taser

By: Kevin Jolly
Updated: January 20, 2008
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Hes leg shackled, hes hooded ,he cant go anywhere, he couldnt do anything,” said Attorney Jon Getz. 40-year old David Homer after he was arrested last January 12th for allegedly assaulting an EMS worker and fighting with police. He was taken back to the Avon Police station where he was shackled, handcuffed,. and a mask covered his face. Then Attorney Getz says Homer was repeatedly Tasered. “While were not entirely clear what happened on the street we do know that at he police station David was Tazed and handcuffed so severely that he had has permanent scarring on his wrists,” said Getz. Homer has filed a 2.5 million dollar lawsuit against the Town of Avon alleging the police used excessive force when they repeatedly shocked him with the Taser. “The last Tasering of David lasted nine seconds. Most Tasering incidents occur at a maximum of about four seconds and the last Tasering of David he stopped breathing and lost consciousness,” said Getz. Last July Livingston County Prosecutor Thomas Moran talked to News Eight after a Homer filed a complaint. ‘If you read the report you see that Mr. Homer, the defendant was completely and utterly out of control. They tried to restrain him and tried to restrain him and finally used a Taser to get him under control,” said Moran. One Avon resident we talked says Homer was well know for his disruptive behavior. He has a history. he has a history of alcoholism he has a history of drug abuse he has a history of violence Tasers have become standard non-lethal tool in many police departments across the country. Getz say he doesnt have a problem with Tasers but he wonders in this case whether officers may have gone too far. “It can be abused or used properly and what we’re saying here is not that the tool itself is the problem it s the use of that tool,” said Getz.

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