Parents Claim Son Died From Stun-Gun Shocks By Police
On Feb. 19, 2005, plaintiffs’ decedent Robert C. Heston, 40, a worker in his father’s concrete business, was shocked by Salinas Police Department officers with TASER electronic control devices (stun-guns). Heston’s father had previously called the police to his home because he thought his son was acting strangely, and was concerned he might be under the influence of drugs.
When police arrived, Heston was behaving violently, so they used TASER stun-guns to subdue him. By the end of the last stun-gun cycle, Heston’s head began turning blue, he lost consciousness, and entered into cardiac arrest. Paramedics transported him to a local hospital, where he later died.
Heston’s parents, individually, and Misty Kastner, as the executor of Heston’s estate, sued the city, the police department, Sgt. Michael Dominici, Officer Juan Ruiz, Officer Lek Livingston, Officer James Godwin and TASER International Inc. for excessive force in a violation of Heston’s civil rights.
The plaintiffs claimed that cops shocked Heston 25 times over a period of 74 seconds. They also alleged that TASER International failed to adequately test the subject stun-gun model, and failed to warn of the potential risks caused by prolonged stun-gun discharges.
The plaintiffs further asserted that TASER International should have warned the police that using the stun-guns could cause death.
The defense disputed liability.
The police claimed that they were never provided any information through their TASER International training that the subject stun-guns could cause injury. Specifically, they claimed that they were not told of the potentially fatal danger of repeated shocks.
TASER International contended that its product was safe.
Defense emergency medicine expert Jeffrey Ho testified that tests done on human volunteers show that prolonged stun-gun applications do not cause any clinically significant changes to blood acidity. He argued that Heston’s death was probably due to methamphetamine intoxication and agitated delirium.
An unconscious Heston was rushed to Natividad Medical Center, where he died the next day without regaining consciousness.
Forensic pathologist Terri Haddix performed an autopsy, and found that Heston died from a combination of methamphetamine intoxication, an enlarged heart due to long-term drug abuse and shocks from stun-guns. It was found that Heston had a recreational amount of methamphetamine in his system when he died. The pathologist listed Heston’s official cause of death as multiple organ system failure due to cardiopulmonary arrest resulting from an agitated state associated with methamphetamine intoxication and applications of TASER stun-guns.
The plaintiffs–Betty Lou Heston, 65, and Robert Heston Sr., 69–sought recovery for funeral costs, loss of care, comfort and society, and punitive damages.
TASER claimed that Heston died as a result of his methamphetamine intoxication, enlarged heart and Excited Delirium Syndrome. EDS is a term coined to describe deaths that occur while a person in a state of extreme agitation is being restrained by police or medical professionals. These deaths often involve drugs, such as cocaine or methamphetamine, and generally involve cardiac arrest. The syndrome is not accepted by the American Medical Association or the International Association of Chiefs of Police.
The defense’s expert on the effects of drugs testified that an analysis of Heston’s brain clearly showed EDS.
TASER argued that Heston would have lost his previous tolerance to methamphetamines because he was in prison for the year prior to the incident, and it was assumed that he did not have access to the drug during that time. TASER claimed that the dose of methamphetamine Heston took on the day of the incident could have resulted in an overdose, even though Heston might have tolerated that amount of the drug when he was using it regularly.
TASER International has indicated it intends to move for a new trial, JNOV and to set aside the punitive damages portion of the verdict.