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osoab
7th September 2011, 05:19 PM
Especially in San Bernardino County.

Family sues police over California Taser death (http://news.yahoo.com/family-sues-police-over-california-taser-death-004054613.html)


LOS ANGELES (Reuters) - The parents of a Southern California man who accuse police of killing their son with a Taser after he honked at a patrol car have sued the sheriff's department and county.

The suit accuses the San Bernardino County Sheriff's Department, the county of San Bernardino and three deputies of assault and battery as well as negligence in the death of Allen Kephart, 43.

Kephart was driving in Rimforest, 60 miles northeast of Los Angeles, in May when he honked at a patrol vehicle that turned in front of him, according to the lawsuit filed on Tuesday in San Bernardino Superior Court.

The sheriff's deputy then circled his patrol car back behind Kephart's vehicle and pulled him over at a nearby gas station, the lawsuit said.

The deputy ordered Kephart out of his car at gunpoint, forced him to the ground, and was joined by a sergeant and another deputy, the lawsuit said.

The three officers used their electroshock Taser weapons on Kephart "without provocation or justification" for about 10 minutes, expending five cartridges, the lawsuit states.

Kephart, who the suit said was "overheard screaming for help," stopped breathing at the gas station.

The suit also accused the officers, named as Deputy Ismael Diaz, Deputy Michael Gardea and Sergeant Bryan Lane, of failing to immediately perform cardiopulmonary resuscitation (CPR) or call for emergency assistance.

A representative from the San Bernardino County Sheriff's Department declined to comment on the lawsuit.

But the department said in a statement earlier this year that Kephart "became combative and uncooperative" with a deputy after exiting his car.

The department also said the sheriff's deputies did at one point perform CPR on Kephart, and that he was later pronounced dead at a local hospital.

Kephart's family is seeking general and compensatory damages in an amount to be proven at trial for lost earning potential and loss of love and affection.

"Allen Kephart was a well known person in the community and was known by all, including the officers involved in this incident, to be ... kind hearted and nonviolent," the lawsuit said.

Twisted Titan
7th September 2011, 05:22 PM
And the fuse gets a tad bit shorter on the poweder keg of street.justice waiting for these sociopaths

vacuum
7th September 2011, 05:27 PM
Why is the family suing? This is a criminal case.

iOWNme
7th September 2011, 05:30 PM
Where is the Cop car video?

Thats what i thought.......

ximmy
7th September 2011, 05:35 PM
Must see video... The deputies made a conscious "pre-meditated" choice to kill him...


http://www.youtube.com/watch?v=qR-UOmo8FLA

milehi
7th September 2011, 08:20 PM
I knew this guy. He was a good dude. The last time I chatted with him, was at an event he helped coordinate to raise money for a woman who lost everything including her husband and son in a house fire late last winter.

ximmy
7th September 2011, 08:54 PM
I knew this guy. He was a good dude. The last time I chatted with him, was at an event he helped coordinate to raise money for a woman who lost everything including her husband and son in a house fire late last winter.

wow milehi... I'd appreciate any updates if you hear anything... I hope this story continues to gain momentum in the eyes of the public.

BrewTech
7th September 2011, 09:33 PM
I knew this guy. He was a good dude. The last time I chatted with him, was at an event he helped coordinate to raise money for a woman who lost everything including her husband and son in a house fire late last winter.

If milehi knew him and says he was a good guy, then that's good enough for me.

milehi
7th September 2011, 10:00 PM
Here's the offical report from the local sheeple message board.

[I]On Tuesday, May 10, 2011 at about 3:15 p.m. Deputy Diaz saw a vehicle driven by Allen Kephart run a stop sign at Daley Canyon Road at Highway 189. Deputy Diaz attempted to stop him by activating his lights and siren. However, Mr. Kephart failed to stop as directed. Two other vehicles in front of Mr. Kephart pulled to the side of the road to allow Mr. Kephart and Deputy Diaz to pass.


Mr. Kephart drove approximately one mile and then pulled into the parking lot at the Valero Gas Station. Mr. Kephart got out of his vehicle and when Mr. Kephart did not follow Deputy Diaz' commands the deputy decided to handcuff him. When Deputy Diaz approached Mr. Kephart to handcuff him, Deputy Diaz was unable to get the handcuff on Mr. Kephart's wrist due to his large size (5'9"; 392 pounds). Mr. Kephart at this point turned to face Deputy Diaz and then continuously struggled with the deputy. Both Deputy Diaz and Mr. Kephart ended up on the ground.


Deputy Diaz told dispatch that he was "415" indicating he was in a fight and needed help. Mr. Kephart was tasered several times after control holds failed, however the Taser did not appear to affect him as he continued to resist and it was abandoned. Two citizens came to the deputy's aid and assisted in attempting to control Mr. Kephart, who was kicking and struggling. Mr. Kephart completely ignored the deputy's commands to stop resisting, as well as the pleas of the citizens there at the scene.


Sgt. Bryan Lane arrived and while ordering Mr. Kephart repeatedly to stop resisting, also attempted to physically control Mr. Kephart. Sgt. Lane then used a Taser which appeared to have little effect on Mr. Kephart. Mr. Kephart continued to struggle and resist the deputies' attempts to gain compliance. Deputy Gardea and another deputy arrived several minutes into the struggle with Mr. Kephart. Seeing that deputies did not have control of Mr. Kephart, Deputy Gardea deployed his Taser one time. Again the Taser appeared to have no effect on Mr. Kephart.


Eventually, after approximately five minutes of attempting to get Mr. Kephart into custody, deputies used multiple plastic flexcuffs to secure Mr. Kephart's hands behind his back. As soon as Mr. Kephart was restrained, deputies checked Mr. Kephart and determined he was not breathing. The deputies removed the flexcuffs and immediately initiated CPR and called for medical aid. Mr. Kephart was transported to Mountains Community Hospital and was pronounced dead.


The Specialized Investigation Division interviewed more than two dozen witnesses. Each interview was digitally recorded. At no time during the investigation was anyone's cellular telephone confiscated. A cell phone video of the post-incident rescue efforts was given to investigators by a witness. Additionally, the entire incident was recorded on Deputy Diaz' belt recorder.

The Autopsy

The Riverside County Coroner determined the cause of death to be "Hypertensive Cardiovascular Disease." The Coroner lists "Other Significant Conditions" as "Obesity, Physical Duress in Association with Altercation While Being Taken into Custody." Because Mr. Kephart died during a physical struggle the manner of death was ruled a homicide. A homicide is a death at the hands of another, and does not imply any criminal wrongdoing. The incident is being reviewed by the San Bernardino County District Attorney's Office.

Patrol Status

The Sheriff's Department has been questioned about why the involved deputies remain on patrol in the community and have not been reassigned. At this point in the investigation it would be completely inappropriate, given the fact that there is no indication that the deputies did anything outside Department policy.


The County of San Bernardino Sheriff's Department acknowledges that this is a tragic incident for all involved. We understand that the Kephart family and friends are grieving and we respect that.

Additional Information

Anyone with additional information is encouraged to call the Specialized Investigations Division at (909) 387-3589.
[I]

Serpo
8th September 2011, 01:07 AM
Cops have become murderous SCUM..........

Awoke
8th September 2011, 06:09 AM
Yeah Milehi, but what are the eye-witness accounts? That post is probably written by a cop, for the cops. The entire thing is NWO pig-friendly.

mrnhtbr2232
8th September 2011, 11:44 AM
..."A homicide is a death at the hands of another, and does not imply any criminal wrongdoing"

Best news I've heard all day. Pork - the other white meat.

Santa
8th September 2011, 12:25 PM
... Pork - the other white meat. Lol...

Cops really think tasing someone will cause them to instantly stop moving? I imagine it causes uncontrollably severe muscle spasms involving thrashing and screaming.

milehi
4th October 2013, 05:58 PM
The family of Kephart settled with the county for $4.25 million.

osoab
4th October 2013, 06:09 PM
The family of Kephart settled with the county for $4.25 million.

Thanks milehi. I am taking a wild guess that county doesn't admit to anything and the enforcers are still on the payroll.

milehi
4th October 2013, 06:13 PM
From the article, "Diaz has been involved in two more incidents since Kephart's death that have resulted in the death of a citizen at the hands of the Sheriff's Department."

vacuum
4th October 2013, 06:17 PM
From the article, "Diaz has been involved in two more incidents since Kephart's death that have resulted in the death of a citizen at the hands of the Sheriff's Department."

So he murders about one person per year for the last 3 years.

BrewTech
4th October 2013, 07:04 PM
So he murders about one person per year for the last 3 years.

Normally one would be arrested and incarcerated to eliminate the risk of such a predator roaming the general population.

Hatha Sunahara
4th October 2013, 08:16 PM
If San Bernardino County settled a lawsuit by paying $4.25 million for their Sherrif's murder of a resident, the funds come out of money collected for traffic violations, and other cop generated revenues from preying on the population. For them, a lawsuit is a business expense--not a measure of accountability for their behavior.

I'd just like to know when government started it's descent into the same league as mobsters and gangsters?


Hatha

ximmy
4th October 2013, 08:39 PM
Deputy Ismael Diaz is killing persons as he sees fit.

Yucaipa deputies cleared in murder of Kenneth Muņoz http://www.copwatchie.org/sites/default/files/styles/thumbnail/public/pictures/picture-35-1337932657.jpg
Submitted by rQRo on Tue, 02/05/2013 - 21:37
Following up on a story we brought you not too long ago. It was covered on our blog here (http://www.copwatchie.org/?q=node/81).
No big shock here. They were cleared of all wrongdoing. No justice for Kenneth Muņoz.


Sheriff's Sgt. Michael O'Brien and Deputy Ismael Diaz opened fire on Munoz, striking him 12 times. He died at the scene
http://www.sbsun.com/general-news/20130131/deputies-cleared-in-fatal-yucaipa-shooting

optionT
4th October 2013, 10:20 PM
It's best to avoid cops at all cost. Your life may depend on it!