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http://www.delawareonline.com/apps/pbcs ... 089/LIFE02

Family of Pagan killed by police files lawsuit
Officers accused of using excessive force


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Under surveillance

On the afternoon he was killed, Hale was joined at the home by Sandra Lopez and her two young children, ages 11 and 6. Lopez had joint custody of the children after divorcing the homeowner, Raul Morales, 34, who was charged with drugs and weapons offenses in the Pagans’ case.

When she found out Morales was in custody, she asked Hale to help her move some of her son’s belongings to her car.

While doing so, the family dogs escaped, and Hale ran up and down the street trying to corral the pets, the complaint states.
After loading her car, Lopez and Hale sat on the steps talking.

At the same time, a construction crew, Fred Mixson and his brother Harold, arrived next door while a state police surveillance team watched activities outside the home.

According to the complaint, the surveillance team observed:

• Lopez’s arrival at the house, and the presence of her two young children who were playing on the front steps.

• Hale chasing the dogs down the street, “and that due to the nature of his clothing it was unlikely that he possessed a weapon in his sweatshirt pocket.â€

• Hale and Lopez talking and playing with the young children.

• Hale did not act in a threatening or suspicious manner.

• Hale did not display a weapon.

The complaint states that the surveillance team radioed their observations to an assault team of Wilmington cops and state troopers gathering nearby.

Tasered and shot

Mixson told The News Journal he parked across the narrow street from the home and was standing by the driver’s door of his work van when a black SUV sped up the wrong way of the one-way street and screeched to a halt in the middle of the road. Several police officers jumped out and ran to where Hale was sitting on steep steps, approximately 6 feet higher than the sidewalk. Mixson and his crew also said Hale was chatting with Lopez and the two children.

The officers ordered Hale to take his hands out of the front pockets of his sweat shirt.

“About a second later, they Tasered him,†Mixson has said. “He was just sitting there. He didn’t do anything.â€

Seconds later, police repeated their command for Hale to show them his hands, and they Tasered him a second time, after which he rolled onto his left side and vomited into a flower bed, the Mixsons said.

Hale rolled back to his right, into a sitting position, still shaking, and police Tasered him a third time, Mixson said.

Both Mixsons said Hale never threatened officers and “didn’t deserve to be shot.â€

According to the complaint, none of the officers identified themselves as police or law enforcement officers, as is required by their policy; wore badges; wore police uniforms; had ‘police’ written on the front of their uniforms; or told Hale why they were there, or that they wanted to arrest him.

Neuberger cites Wilmington Police policy that limits the use of Tasers to combative, physically aggressive or actively resisting individuals, and strictly forbids any use outside of these limited circumstances.

“As the electrical current rushed through him, his muscles locked up and he began to shake and convulse uncontrollably,†the complaint states. “After this first tasering, several of the heavily armed police officers were close enough to and had the ability to tackle the completely-incapacitated Hale, but they deliberately chose not to do so.â€

According to the complaint, Hale twice shouted, “I’m trying to get my hands out.â€

“Lt. William Browne of the WPD then fired three shots into Hale’s chest, which eventually killed him,†the complaint states. “Lt. Browne failed to exhaustall other reasonable means of apprehension before using deadly force.â€

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Wow, do cops not realize that people can be incapciated for a long time after being tased?

I could be trying to comply but I can't move after the first taser charge.....and then they tase me again.......trying to comply.......can't move.......Boom!Boom!Boom!.....I'm dead.
 

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After taze #1 or #2 why not just jump on the guy and cuff him? For an operation like that you just know that there was at least a half dozen cops RIGHT THERE.
 

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Delaware online said:
Neuberger cites Wilmington Police policy that limits the use of Tasers to combative, physically aggressive or actively resisting individuals, and strictly forbids any use outside of these limited circumstances.
THis is a good policy to have, but I suppose policies do not mean much if they are not followed or enforced.
 

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I have to hope that something else was going on here, but man if there are uninvolved witnesses (contradiction in terms?) about all that leaves is for the reporter to be writting BS. Sounds like somone should be owning that PD and some officers should be sucking a few 100,000 volts themselves.
 

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Doc Holliday said:
If you see a group of armed men coming at you and they are in street clothes and they don't ID themselves, what the hell would you do?
Get off the X and Mozambique.
 

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Doc Holliday said:
Did the police not identify themselves?

If you see a group of armed men coming at you and they are in street clothes and they don't ID themselves, what the hell would you do?
Are their weapons drawn & pointed?
Do they have body armor on?
Are there more of them than rounds in my most readily available weapon?
Am I guilty of anything that might warrent LEO response of this nature?
What kind of cover do I have or can get to & how quickly & can I then get the hell out of dodge while staying out of their LOF?
And most importantly...

...do I have access to any hand grenades?
 

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Holy Crap!!!

I've known lots of cops and ex-cops and, (how do I say this politely?) some of them are wound a little too tightly. But I've never known one who has done anything like this. I know a couple who were shot in the line of duty and one good friend was killed, but I never knew any cops who were this out of control.

That guy was, as Pro2Am stated, executed. The cop who did it should be behind bars for a long, loooooooong time!

That was murder. There's just no other term that fits.
 

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I agree with Macktee... MURDER!!! Lock em up. They get paid and trainned to be able to handle a high stress situtation. Not to be trigger happy!!! They are human too. When they cross the line they should pay just like anyone else. I'm sure he feels horrible and has to live with it for the rest of his life. But he should have to pay, it sounds like murder from this report.
 

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Wound a little too tight is an understatement. We must all remember; it's only murder if we do this to someone. Only great public outcry can turn these f :censored: s into murderers. What is sad, is that no matter the potential charges/trials/convictions of these cops, this man is still dead.

The righteous man is beset at all times and on all sides by the tyranny of evil men. And many times, stupid, scared men.
 

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They'll just say the guy was suffering from "Excited Delirium" That's why they had to triple tap him.

I think the taser training protocol should be modified such that all officers should be tased repeatedly, say 4 or 5 times, while someone is yelling at them to comply with orders to put their hands up, etc...

Then they would know that when all your muscles are violently contracted all at once that it uses up all the energy that the muscle cells have stored within them and builds up toxic byproducts that together make it very difficult to comply with any task requiring coordinated physical movement.

If this story is true the thugs involved should be tried, convicted, and sent to prison.
 

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CoolHand said:
I think the taser training protocol should be modified such that all officers should be tased repeatedly, say 4 or 5 times, while someone is yelling at them to comply with orders to put their hands up, etc...
Make them start with their hands in their pockets.
 

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Yet another great reason for the war on drugs! It sounds like the guy was helping the ex-wife of the homeowner, who was in custody for drugs (and weapons, but the real reason was drugs). So the police had reason to be suspicious and careful, and maybe there is more to this story. My initial reaction to this is that guy got murdered. Plain and simple murder. I hope for the officers' sake there is more to this story and all the eyewitnesses are lying.

Yeah, we're making great progress in the war on drugs. People can't do drugs if they're dead!
 
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