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Officers use slur before tasering, arresting man with special needs

<i>KNXV via CNN Newsource</i><br/>An Arizona man with developmental disabilities has filed a lawsuit against Lake Havasu City alleging police officers used excessive force when they repeatedly tasered him last year.
KNXV via CNN Newsource
An Arizona man with developmental disabilities has filed a lawsuit against Lake Havasu City alleging police officers used excessive force when they repeatedly tasered him last year.

By Melissa Blasius

Click here for updates on this story

    LAKE HAVASU CITY, Arizona (KNXV) — An Arizona man with developmental disabilities has filed a lawsuit against Lake Havasu City alleging police officers used excessive force when they repeatedly tasered him last year.

David Adams, 25, was arrested by the officers on June 7, 2023, after his brother called 911 wanting police to evict David. The brother later told officers he was locked out of the family’s apartment after he and David fought over a blanket.

The ABC15 Investigators, who first reported on these allegations last fall, recently obtained police bodycam video, the police report, 911 calls, and a copy of the internal police investigation.

The case raises a major issue in law enforcement agencies across the country: How do you police people with special needs?

A spokesperson from the Lake Havasu City Police Department declined an in-person interview due to ongoing litigation, but emailed ABC15 stating officers have “regular training in reference to high liability issues including Taser, firearms, driving, case law, and interacting with subjects that have special needs.”

An internal investigation found multiple officers used unprofessional language while at the scene, which violates department policies. They were issued a letter of counseling.

Body-worn camera video shows the first officers on the scene discussing David and his brothers before approaching the apartment. While it is unclear which officer is speaking, this is what was heard on camera:

“These are those three f***ing d***heads that me and Danielle dealt with.”

“Mom is out of town. That’s why they are acting up… is because mom usually keeps them under control.”

“They’re all like special needs, yes.”

When a police supervisor, Sgt. Clint Wilcox, arrived, one of the officer’s descriptions of the brothers became more vulgar and demeaning. He used the R-word, a slur to describe someone who is intellectually or developmentally disabled.

“These are those three brothers that are f***king ret***ed,” said an officer. “They are all like special needs.”

Sean Woods, the lawyer for David and his family, told ABC15 what the officers said and what they later did seem connected.

“Listening to that language,” Woods said, “It’s hard to believe that they weren’t amped up and that they didn’t want to do something to Mr. Adams.”

David’s mom, Casandra Adams,

“That just makes it more egregious and just makes it more outrageous and just very upsetting,” Casandra said.

After an initial conversation with David’s brother, officers said no crime occurred, according to the police report. Officers spent several minutes strategizing how to either get the brother back into the house or find him another place to stay until morning.

In a follow-up conversation with the brother, Officer Chad Graybeal was told that the blanket fight became physical.

Officer: “So, then he gets the blanket out from underneath you?” Brother: “Tries to pull it, yes,” Officer: “And then he grabs you by the arm?” Brother: “Yes.” Officer: “Right arm?” Brother: “Left arm.” Officer: “And then you decide to hit him in the face?” Brother: “I didn’t try to hit him in the face. I tried to push him away.”

After that, officers huddled and stated a ‘DisCon” crime occurred. The supervisor permitted them to enter the apartment to approach David who was lying in bed.

“In standards across the nation, the officers probably should have just said, ‘You know what, we’re going to take a report’ and, maybe, come back the next day to talk to the different people,” Woods said.

When David yelled at them to leave and stood up, the officers began to detain him, body camera footage showed.

David: “He hit me on my face!” Officer: “After you started it.”

As officers tried to force David to the floor and handcuff him, one or more officers activated their Tasers in “drive stun” mode, a technique where the Taser is pushed against the skin to deliver a shock as pain compliance.

“When you watch this, just as an outside observer, it appears punitive,” Woods said.

In the video, the sound of a Taser activating is heard at least seven times.

“It was just devastating to watch and hear what happened to a human being by the police, and then, for it to be a member of your family, let alone your child,” Casandra said.

According to the police report, at least one officer punched David. A cell phone video recorded by another sibling shows several officers on top of David during one point of the seven-minute struggle.

“Let me breathe,” David yelled shortly before officers successfully handcuffed him.

A medical report later stated David had 20-30 wounds on his torso and leg.

“This is a situation where you have someone sitting on the ground and multiple officers on top of that person; no tasing was necessary at all,” said Woods.

After David was taken to jail, one of the officers, again used the R-slur saying David had “re***d strength.”

David Adams and several relatives are plaintiffs in a federal civil rights lawsuit filed last week against Lake Havasu City and several officers. The lawsuit alleges excessive force, failure to intervene, gross negligence, battery, and infliction of emotional distress.

Lake Havasu City’s internal affairs investigation found the officers did not use excessive force, and the Arizona Peace Officer Standards and Training Board, which certifies and disciplines officers, took no action.

David was charged, and later convicted, of two misdemeanors related to the blanket fight. He was acquitted on one charge of resisting arrest.

David has also been diagnosed with Rhabdomyolysis, a condition that causes muscles to break down. Some medical studies say it can be a rare but serious complication that people can experience after being tasered, which can lead to permanent damage to the heart and kidneys.

“He is dealing with issues still every day because of his physical maladies from the attack, and he has emotional things from the attack,” Casandra said.

Casandra is advocating for better training and more accountability at the Lake Havasu City Police Department.

“Go up the chain of command and let people know because, if they don’t hear about it, and if it doesn’t essentially pile up, nothing will ever change,” Casandra said.

The officers involved faced no formal discipline beyond the letter of counseling. One officer involved in the tasering, Joshus Condra, quit before the investigation was complete. He now works for another law enforcement agency.

Full statement from Lake Havasu City Police Department:

Due to ongoing litigation, we are not able to discuss specific questions regarding the case. The criminal charges against Mr. Adams were litigated in criminal court and portions are currently being appealed by Mr. Adams. An internal investigation was conducted and revealed that there were no violations of the use of force policy. There was a violation of the Standards of Conduct policy and the officers were issued a Letter of Counseling regarding their language. One of the supervisors was also issued a Letter of Counseling after being found in violation of the supervisor’s responsibilities of ensuring photographs were taken after a use of force incident. The entire investigation was submitted to AZ POST for review and AZ POST took no action. One involved officer, Ofc. Condra, resigned from service, but unrelated to the Adams incident. The Lake Havasu City Police Department conducts regular training in reference to high liability issues including Taser, firearms, driving, case law, and interacting with subjects that have special needs. These training sessions are offered in person and taught by qualified personnel within the department as well as training that is contracted with outside facilitators to bring our officers the best information possible. Officers are also allowed to attend online training to further their knowledge in the above subjects.

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