Skip navigation

Taser Letter to OH Chief re In-custody Death, Taser Intl, 2002

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
7860 E. McClain Drive, Suite #2, Scottsdale, Arizona 85260 * 800-978-2737 * www.TASER.com

Wednesday, January 16, 2002
Chief Neil Ferdelam
Hamilton Police Dept
331 S Front St
Hamilton, OH 45011
Dear Chief Ferdelam,
Rick Smith asked me to send you this medical response letter as relating to the recent in-custody death
that occurred in Hamilton. He wanted me to address two specific items, namely:
_
_

The results of the 1991 article in the Journal of Forensic Sciences (JFS) titled Effects of the
TASER in Fatalities Involving Police Confrontation.
The medical implications of electrical stimulation from the TASER as they relate to the recent incustody death in Hamilton.

As regards the March 1991 JFS article, I am somewhat surprised that this article was considered
alarming. The JFS article is widely regarded as a forensic benchmark throughout the industry. The
conclusions clearly show that the TASER can be responsibly ruled out as a cause of death in each of the
sixteen cited cases (with the possible exception of case #3, a case to be expanded upon in this letter and
a circumstance of such complexity that no factor was ruled out, including the TASER). Quoting from the
abstract of the article, “The cause of death was an overdose of drugs in eleven (cases), gunshot wounds
in three, heart disease and Taser shock in one, and an undetermined cause in one”. All suspects at one
time or another during the course of these incidents were considered by the police to be under the
influence of psychotomimetic drugs, most commonly phencyclidine (PCP). All were unarmed, which, of
course, was the reason a Taser was used instead of a lethal weapon. The unified conclusion of the
authors reached after evaluation of these cases is that the Taser in and of itself does not cause or
contribute to death, although its “effects” cannot be ruled out in but one of these sixteen cases.
I have added the bold to the last sentence for emphasis. In my opinion had the authors wanted to be
totally objective in titling their paper they should have said: Lack of Effects of the of TASER…..etc.
Perhaps to temper a little bit of anti-Taser bias imbedded in the published title, it is important to note
that the authors found sufficient evidence to rule out the TASER as having played a causal role in all the
16 fatalities. Again, In case #3, the authors did not find the TASER was a causal factor. Rather, the
sheer complexity of that subject’s medical condition made it impossible for the authors to rule out any
factor, including the TASER. Such might be referred to as a political conclusion rather than a scientific
conclusion. This case will now be outlined in detail starting at the third paragraph from the bottom of page
446.
“Two years prior to his death, the subject was in a car accident caused by an episode of syncope
and cardiac arrhythmia. Cardiology consultation noted syncope secondary to cardiac arrhythmia
and mitral regurgitation secondary to mitral valve prolapse. The patient was advised to have a
pacemaker implanted but he refused. . . At autopsy, an enlarged heart was noted with mucinous
degeneration of the mitral valve. On microscopic examination, there was noted mucinous

degeneration of the mitral valve area, eosinophilic fragmentation of the myocardium, and patchy
foci of myocytolysis and interstitial fibrosis in the heart tissue.”
“PCP was also found in the blood, bile, and liver and, therefore, the cause of death could be
attributed to the PCP. However, the subject’s heart condition was such that he could have
suffered a fatal arrhythmia from the PCP, the excitement, the electrical stimulation, or a
combination of any or all of these factors. The cause of death was, therefore, certified as cardiac
arryhythmia due to sick sinus syndrome, prolapse of the mitral valve, and electrical (Taser)
stimulation while under the influence of PCP.”
Again, the above conclusion does not state that the TASER was a contributing factor in the death.
Rather, the authors note that the extreme and precarious condition of the subject’s heart coupled with
PCP use, the struggle and the use of the TASER prevented ruling out any factor. From a clinical
standpoint, this man had a serious medical condition, but not a life threatening one if he had followed the
most basic medical advice. Such advice would not have included the periodic preferential poisoning of
his heart with PCP, cocaine, alcohol, etc.
One note of significant interest: the time between the use of the TASER and the death of the subject was
recorded as 45 minutes (see chart attached). I am unaware of any pathophysiological mechanism
whereby the application of a TASER-like electrical stimulus anywhere on the body surface could be the
cause of that person’s death some 45 minutes later. The only plausible cause of death from electrical
injury not leaving tell-tale skin lesions -- clearly not present in any of the cited cases -- is ventricular
fibrillation, a fatal disturbance of heart rhythm which ensues immediately upon shocking the heart with
greater-than-threshold, non-Taser-like electric current pulses. Specifically, if the TASER output were to
cause cardiac arrest, it would be immediate.
As a court recognized expert who has testified in over 50 cases regarding electrical safety, electrocution,
and less-lethal weapons, I believe that in the Ohio case at issue, the recorded time lag of minutes (rather
than a few seconds) between application of the TASER and pulseless collapse of the subject proves
beyond reasonable doubt that the TASER was not the cause of death.
One other important note: the Kornblum, et. al. article was concerned with a different weapon system
than the ADVANCED TASER M26 now utilized by the Hamilton Police Department. Specifically, the
weapons used in all the cases analyzed were original analog devices manufactured by Tasertron, a
separate company not affiliated with TASER International. There are significant differences between the
older Tasertron weapon system built in the 1970’s and the ADVANCED TASER M26, a microprocessor
controlled platform that was released years after the Kornblum, et. al. article was published. It would be
unrealistic to draw any conclusions concerning the relative safety and efficacy of the ADVANCED
TASER based upon the outdated, very different weapon system reported in the Journal of Forensic
Sciences.
Regarding the recent in-custody death in Hamilton. I would very much like the opportunity to learn more
of the details surrounding this case, if possible from the Coroner himself. Such an arrangement could
facilitate the collection of the data necessary to assemble a publishable scientific report if the Coroner
were interested in collaborating. From news accounts I understand the following to be some of the facts:
_
_

Suspect ingested a large amount of cocaine (assumedly for concealment)
Officers used the ADVANCED TASER in the stun gun mode to the upper scapula area of
the back in the course of subduing the subject

_
_

Suspect was restrained and was responsive to commands from police officers for at least
15 minutes after the last ADVANCED TASER application
After a period of time greater than 15 minutes, the subject experienced convulsions and
eventual cardiac arrest during transport to a hospital facility

Assuming this limited amount of information to be accurate, I can state affirmatively that the TASER
effect could not have measurably contributed to the fatality. Furthermore, It is my understanding the
corporate office has forwarded to you under separate cover the results of the cardiac safety studies
performed recently by Dr. Wayne McDaniel and myself at the University of Missouri Cardiothoracic
Surgery Center. In these published studies, we tested the ADVANCED TASER directly on the surface of
the heart (pericardium) of anesthetized large animals via surgical needles inserted between the ribs.
Even under high intravenous doses of several cardiotoxic stimulants (including the PCP analog
Ketamine), at no time, before, during or after administration of each drug ,did the ADVANCED TASER
cause any self-sustaining arrhythmias or fibrillation. Given the lack of arrythmogenisis observed in these
experiments, it is inconceivable to me that the external application of the ADVANCED TASER output to a
subject such as is described above could be causally related to a cardiac arrest occurring some 15
minutes later.
As you may be aware, cardiac electrophysiology is a new and highly specialized field of study in
medicine. It may be difficult for busy clinicians or even forensic pathologists to have the latest information
at their finger tips in a case such as this. Accordingly, I would like to offer to assist in any way possible to
insure a technically accurate assessment of this case.
I can be reached at 402-572-7125 or by email at strat@ne.uswest.net and would suggest that we try to
arrange a time when I might come to Ohio and meet with the Coroner to learn more about this case and
to share some experiences in this field. I hope this information is helpful.
Respectfully submitted,

Robert A. Stratbucker,M.D.,Ph.D.
Medical Director
TASER International

Appendix
Causes of Death: Table from Effects of the TASER in Fatalities Involving Police Confrontation
Journal of Forensic Sciences, Volume 26, Number 2, March 1991.
Case
No.

Age

Sex

Race

Cause of Death

Manner of
Death

Drugs
Detected

Time Interval
Between
Taser and
Death
15 min

Number
of Taser
Cassettes
Fired
1

1

27

M

M

Cardiac
Dysrhythmia/acute
PCP intoxication

Accident

PCP

2

30

M

M

Cardiac
Decompensation
during restraint
procedure with
blunt force trauma
Cardiomyopathy
Idiopathic with
acute myocarditis

Homicide

Lidocaine

30 min

1

3

35

M

B

Cardiac
arrhythmia
Sick sinus
syndrome,
prolapse of mitral
valve, and
electrical ( Taser)
stimulation while
under the influence
of PCP

Homicide

PCP and
digoxin

45 min

1

4

34

M

B

Acute cocaine
intoxication

Accident

Cocaine
and
benzoylecg
onine

3 hr

3

5

35

M

B

Acute cocaine
intoxication

Accident

Cocaine
and
benzoylecg
onine

2 hr

1

6

37

M

W

Cardiac arrest due
to multiple Taser

Homicide

Cocaine
and

45 min

7

wounds/acute
cocaine
intoxication

benzoylecg
onine

7

31

M

W

Acute cocaine and
PCP intoxication

Accident

Alcohol,
cocaine,
PCP. And
benzoylecg
onine

2 days

1

8

28

M

B

Hepatic necrosis
and renal failure
due to acute
cocaine and
chronic drug and
alcohol abuse

Accident

Cocaine,
benzoylecgo
nine, and
morphine

2 days

1

9

26

M

M

Multiple gunshot
wounds

Homicide

PCP

15 min

3

10

20

M

M

Multiple gunshot
wounds

Homicide

None
detected

15 min

2

11

27

M

M

Acute PCP
intoxication

Accident

Alcohol
and PCP

15 min

1

12

37

M

B

Multiple drug
intoxication

Accident

Alcohol,
PCP, and
cocaine

45 min

1

13

36

M

B

Cardiac arrest
during restraining
procedures and
PCP intoxication

Homicide

PCP

3 days

2

14

27

W

Multiple injuries
and
methamphetamine
intoxication

Homicide

Methamphetamine and
amphetamine

30 min

Multiple

15

27

M

B

Multiple gunshot
wounds

Homicide

None
detected

15 min

1

16

39

M

B

PCP intoxication,

Homicide

PCP

30 min

2

M

esophageal airway
obstruction and
blunt force injury
to neck