The family of a unarmed man that died of a heart attack following a Taser jolt to his chest has filed a wrongful death lawsuit against the Vermont State Police, as the lethal shot was fired by one of their officers, per the report by the Burlington Free Press.
An unarmed but agitated M.M. was killed in 2012 in Thetford as he approached an officer and failed to adhere to orders. The suit was filed on June 18 in Burlington U.S. District Court on behalf of M.M.'s mother R.T. and her husband K.T.
Appel told the press, "This is a very sad day, not only for (R.T.) and her family but in my view for the State of Vermont. This is the only way the people of the state can hold police accountable, which is what our Constitution says."
T.D., M.M.'s girlfriend at the time of his death, settled her suit against the Vermont State Police out of court in December and was awarded $30,000. Earlier in June Gov. Peter Shumlin signed into law a measure requiring the police department to have more training on the appropriate use of Tasers.
R.T. commented, "Nothing will bring him back. I'm hoping this will make a difference for others who've had losses such as ours."
The officer that fired his Taser into M.M.'s chest, Senior Trooper D.S., is named as a defendant in the suit. Detective Sgt. D.Z, state police commander Col. T.L. and Public Safety Commissioner K.F. are also named as defendants.
According to Appel the family has not been happy with the way the police department have responded to M.M.'s death. Attorney General W.S cleared trooper D.S. of any criminal wrongdoing in the matter.
Appel said, "Unfortunately, left to their own devices, the supervising law enforcement executives have not done well in holding police accountable when they break the law, or break policy."
Court records show that M.M., who suffered with epilepsy, had a seizure the day before the his death. The day of the incident M.M. had telephoned the Dartmouth-Hitchcock Medical Center and told a staff member that he wanted to end his life. The hospital contacted the Vermont State Police.
Four officers and one detective descended on M.M.'s Thetford home. All five were unable to locate him. According to the suit T.D. told officers, more than once, to leave the home and she would deal with calming M.M. down herself.
However, all of the officers stayed on the premises. M.M., soon seen coming toward the home from the nearby woods, appeared as if "he was in a haze of sorts." He was ordered to "show his hands" and drop to the ground by Trooper D.S.
M.M. apparently didn't want to lie on his stomach and instead stood, swore and said, "Why don't you just go ahead and shoot me."
When M.M. and Trooper D.S. were approximately 6feet from each other D.S. fired a 5-second 50,000 volt into M.M.'s left chest. M.M. fell to the ground and police were unsuccessful and resuscitating him. An autopsy concluded that M.M. died of a heart attack.