By Nathaniel Hoffman - Boise Weekly
24 Jul, 2009
Boise Police Chief Mike Masterson, told BW this week that the officer's actions were "conduct unbecoming of an officer."
"It is one of the most serious charges that an officer can face," Masterson said. "It is an offense that is very likely to lead to termination."
But the officer was not charged with any crimes nor terminated in this case and is back on the street, Masterson said.
A few days after his arrest on charges that police refuse to release, citing a pending court case, the victim of the Tasing e-mailed Boise Community Ombudsman Pierce Murphy. He recounted the disturbing use of the Taser. Murphy met with the man 10 days later and within 24 hours had notified Masterson and the City Attorney's Office that he would be investigating the incident.
"I thought there was an indication of potential criminal activity, so that's when I notified the police department," Murphy said.
His notice initiated an internal investigation, assigned to the Idaho State Police. The State Police referred their investigation to the Ada County Prosecutor's Office, which declined to charge the officer.
On Wednesday, Murphy released his 51-page report, which describes in detail the Feb. 14 incident and its aftermath.
"At the time that he was Tased on the buttocks, the Complainant was handcuffed and lying face-down on the floor. Officer #1 was holding the Complainant's head and upper torso down with a knee across his shoulders. Officer #4 was positioned near the Complainant's waist preparing to search the Complainant, and Officer #3 was situated near the Complainant's legs and feet ... Based on what he observed, Officer #2 saw no need to assist Officer #1, Officer #3, and Officer #4 in controlling the Complainant. According to Officer #1, the Complainant "mellowed out" after being handcuffed," Murphy writes.
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