In man's death, 'we failed' Two officers fired, two on leave after mentally ill man's death Victim was punched, dragged and hit with Taser 12 times Chief vows to refresh training, recruit more veteran officers In-custody deaths involving Tasers
Omaha World-HeraldJun 13, 2017
Twelve electric shocks by a Taser - each five seconds long.
Three of the jolts when the mentally ill man did not resist.
Multiple punches to the head even as he sat motionless and unarmed.
The troubling actions by two
Officer
"In this incident, despite our extensive training, we failed," Schmaderer said. "
If Schmaderer's decision to fire the two officers is confirmed by the city's
The chief said all officers will receive refresher training, and the department plans to beef up field supervision and recruit veteran law enforcement officers from other agencies.
Schmaderer said inexperience was a factor in the fatal encounter outside the Bucky's convenience store at
"It did not appear that anybody took charge of this call," he said. "We were with
Bearheels, 29, was not breathing and had no pulse when he was taken to the
Each of the four officers has had less than five years on the force. But Schmaderer said all four had received extensive training on use of force, de-escalation techniques and dealing with the mentally ill.
Officers
Much of the encounter was caught on cruiser cameras, but video and audio will be released either after a grand jury decision or during a potential criminal court case.
In general, Kleine said, excessive force cases could lead to an assault charge - or a manslaughter charge, if the use of force is believed to have caused the person's death.
Schmaderer said Bearheels' death was not caused by blunt-force trauma.
"They took my brother's life away," he wrote in a Facebook message. "He was just trying to come home, that's all. He just wanted to come home. (I) want JUSTICE for my big brother."
McClarty, Mead and Strudl did not return calls Friday seeking comment. Payne referred a reporter to his attorney, but declined to provide the lawyer's name.
Schmaderer opened and closed his Friday press conference offering "sincere condolences" for Bearheels' family.
Tasers, he said, are a less lethal option officers can use before resorting to deadly force. Police are trained to deploy a Taser three times - any more is a "risk of health concerns," Schmaderer said. If the three shocks do nothing, then officers should move on to other tactics, according to their training.
Bearheels was shocked with a Taser 12 times, the chief said, most of those while he was in handcuffs.
"When you have somebody in handcuffs, oftentimes it's best just to get a bunch of people around him and control it," Schmaderer said.
Bearheels was kicked off a bus that was taking him to
Officers first encountered Bearheels in the Aksarben area at
Strudl and Mead were dispatched to the Bucky's convenience store at
Strudl arrived first, at
Strudl has been trained as a crisis intervention team officer who received advanced certification in dealing with mentally ill adults.
Schmaderer said Strudl used some recommended tactics - speaking calmly, softly and clearly - in her encounter with Bearheels. His speech was garbled and unintelligible.
Strudl and Officer
Strudl spoke on the phone with
Kleine - whose office handles mental health commitments in the county - said he would like to know what the officers knew and relayed to the sergeant.
Bearheels' behavior could have qualified him for a trip to a mental health facility, Kleine said.
Under state law, authorities can seek a commitment if the person is a danger to himself or others.
Officers decided to follow Chalepah's request to take Bearheels to the bus station.
Bearheels was in the cruiser for 36 minutes. When Strudl opened the door to put Bearheels' seat belt on him, Bearheels leapt out of the car and walked away.
Payne, who had just arrived at the scene, joined Mead and Strudl in trying to maintain control over Bearheels, who was 5-foot-9 and 250 pounds. They requested backup at
The four officers tried to move Bearheels back to the cruiser, and Payne warned him he would be shocked with a stun gun. The officers tried to carry Bearheels, Schmaderer said, but he broke free and landed on his feet.
After additional warnings, Payne loudly announced, "Taser, Taser, Taser" and discharged the Taser, which hit Bearheels in his abdomen and right thigh. The shocks "did not effectively incapacitate
For Schmaderer, the disturbing actions began when McClarty dragged Bearheels by his ponytail and waistband toward the cruiser.
Payne continued to activate the Taser. Bearheels then ended up in a seated position with his back against the rear of the cruiser. For the next minute and 45 seconds, as Bearheels sat on the ground and offered no resistance, the chief said, Payne activated the Taser three times.
"These are egregious violations of the
Bearheels was able to pull his left hand out of the handcuffs and turned toward McClarty, swinging his arms and kicking his legs. In the process, Bearheels ripped skin off his hand.
McClarty hit Bearheels in the head multiple times with his fists, Schmaderer said. While McClarty delivered the blows, the chief said, Payne activated his Taser.
"Video showed
Bearheels was placed on a gurney, his hands cuffed to the rails. Inside the rescue squad, he stopped breathing and didn't have a pulse.
He was pronounced dead at
29-year-old died after encounter with
Two officers fired
Each had less than five years on the force
Officer
Officer
Two officers on leave
Officers
Two critical minutes
(Officer Scotty)
(Officer Ryan)
McClarty and (Officer Makyla)
For 1 minute, 45 seconds, Bearheels sits on ground with his legs out and offers no resistance. Payne shocks him three more times, unprovoked.
Bearheels gets his left hand out of the handcuffs, swings his arms and kicks. McClarty responds by delivering fist strikes to his head. ... He then mounts Bearheels and punches his head repeatedly. While McClarty punches, Payne activates his Taser. In all, Bearheels is shocked 12 times.
TIMELINE PROVIDED BY
A bus stops in downtown
Police are dispatched to the Brazilian Wax salon at
Bearheels' mother,
Authorities are called to the Bucky's convenience store at
Officer
Bearheels is put in handcuffs without incident.
Officer
Mosby leaves to go to another location to assist other officers. Police Chief
Bearheels is put in the back of a cruiser, where he stays for the next 36 minutes. Strudl consults with Sgt.
Officers call Bearheels' mother and talk to her for 23 minutes. She asks that he be placed in a crisis center until she can pick him up. Ultimately, she and the officers decide Bearheels will be taken to the bus station instead.
Officer
Officers open the cruiser door to put a seat belt on Bearheels. He gets out, still in handcuffs, and starts to walk away. Three officers try to get control of him, pushing him into an outdoor display of bottled water in front of Bucky's.
Police at the scene request assistance from additional officers.
Officer
As each officer holds a limb they attempt to carry him to the cruiser. Immediately upon lifting Bearheels he breaks free, still handcuffed, and lands on his feet.
Payne announces loudly, "Taser, Taser." Bearheels replies with an expletive. Payne warns him two more times that he would be shocked.
McClarty closes in on Bearheels and grabs him. Another struggle ensues and Bearheels breaks free again.
Payne loudly announces "Taser, Taser, Taser" and uses his Taser on Bearheels multiple times. The probes go into Bearheels' abdomen and thigh. They do not incapacitate him.
McClarty pulls Bearheels to the ground, grabs Bearheels' ponytail and arm and tries to drag Bearheels to the cruiser. The Taser probes are still attached to Bearheels, and Payne continues to activate the Taser.
McClarty and Mead get Bearheels to the ground outside the cruiser, in a seated position with his back against the rear tire.
For 1 minute, 45 seconds, Bearheels sits on the ground with his legs out and offers no resistance. Payne shocks him three more times, unprovoked. After the Taser completes its first five-second cycle, Payne steps toward Bearheels and says, "You're gonna get it again," according to a police account of the incident.
Bearheels gets his left hand out of the handcuff, swings his arms and kicks at McClarty. McClarty responds by delivering fist strikes to his head and attempts a neck restraint. He then mounts Bearheels and punches his head repeatedly. While McClarty punches, Payne activates his Taser. In all, Bearheels is shocked 12 times.
An officer contacts dispatchers, requesting a sergeant, an ambulance and another cruiser. The officer says, "We have a very combative party."
While the officers wait for assistance, they pin him down. Bearheels can be heard making noises and yelling.
Other officers, including Sgt. Forehead, arrive and take over. Bearheels continues to struggle. Flex cuffs are used to prevent him from kicking officers.
Fire and rescue personnel arrive. Bearheels is handcuffed to a gurney. Medics advise police he has stopped breathing and does not have a pulse.
Bearheels is transported to the
Bearheels is declared dead.
In-custody deaths involving Tasers
Officer
Officer
Officer
Victim's funeral pending
Services for