Oag Report - Putnam County
Oag Report - Putnam County
Oag Report - Putnam County
Eric T. Schneiderman
NYS Attorney General
EXECUTIVE SUMMARY
On July 8, 2015, Governor Andrew Cuomo signed Executive Order No. 147 (the
Executive Order), appointing the Attorney General as the special prosecutor to investigate,
and if warranted, prosecute certain matters involving the death of an unarmed civilian . . . caused
by a law enforcement officer. On Monday, November 30, 2015, Joseph Seguin (Mr. Seguin)
died following an interaction with members of the Carmel Police Department (CPD).
Governor Cuomo subsequently issued Executive Order No. 147.3, which expressly conferred
jurisdiction upon the Attorney General to investigate any potential unlawful acts or omissions by
any law enforcement officers relating to Mr. Seguins death. 1
Pursuant to Executive Orders No. 147 and 147.3, the investigation by the Office of the
Attorney General (OAG) included, among other investigative steps:
Interviews of civilian witnesses who saw or heard various parts of the incident;
Review of video and audio captured by a taser used during the incident;
The evidence shows that CPD officers use of force against Mr. Seguin was justified
under the New York Penal Law. In response to a 911 call, three officers responded to Mr.
Seguins home, where they observed him assaulting a woman. After Mr. Seguin ignored their
demands to release the woman, officers pulled Mr. Seguin away from her. As observed by
several civilian witnesses, Mr. Seguin then violently resisted arrest. He kicked and punched
officers and grabbed a dog cage containing a pit bull. When officers were able to free Mr.
Seguins hands from the dog cage, he locked his hands beneath his body so that the officers
could not handcuff him and continued to struggle with the officers. An officer warned Mr.
Seguin that he was going to be tasered and then tried to deploy his taser in drive-stun mode (by
pressing the instrument directly against Mr. Seguins skin), but it malfunctioned and had no
effect. Officers continued to struggle with Mr. Seguin and again advised him that he would be
1
Attached hereto as Exhibit A are Executive Orders No. 147 and 147.3.
Attached hereto are: (1) CPD policies on the use of force and the use of tasers (Exhibit B); (2) the User Manual for
the Taser Model X26 (Exhibit C); (3) the entries for November 29-30, 2015 on the Taser Evidence Sync Report, a
usage report generated by the taser that reflects information about utilization of the taser (Exhibit D); and (4) the
autopsy report (Exhibit E). The audio of the 911 call and the video and audio captured by the taser and the civilian
witness are available for review at the OAG.
tasered if he did not stop resisting arrest. One officer used a pain compliance technique whereby
he pinched the skin on the back of Mr. Seguins arm. After that technique did not work, another
officer tasered Mr. Seguin in his lower waist/back area; although the taser functioned properly,
Mr. Seguin continued to fight with the officers. Finally, an officer used a taser in dart-probe
mode (i.e., rather than just pressing it into Mr. Seguin, the taser released darts designed to cause
temporary neuromuscular incapacitation into Mr. Seguins side-abdomen). 3 The device was
activated eight times over the course of 91 seconds before the officers were able to handcuff Mr.
Seguin. Shortly thereafter, Mr. Seguin lost consciousness, stopped breathing, and died. The
coroner found that the cause of death was cardiac arrest during [an] excited state, while under
the influence of phencyclidine [PCP], after being Tasered and handcuffed.
Under New York law, a police officer is permitted to use reasonable force when that
officer reasonably believes that such force is necessary to effect an arrest. Under CPD policy, to
the extent possible, officers should first use lower levels of force and then escalate to more
forceful techniques if the lower levels of force are ineffective. As discussed below, use of a taser
is widely regarded as a nonlethal form of force, equivalent to the use of pepper spray (i.e.,
Oleoresin Capsicum) or batons. Here, officers appropriately used escalating force techniques.
Prior to using the taser in dart-probe mode, the officers (a) physically removed Mr. Seguin from
the assault victim; (b) repeatedly gave verbal commands and warned Mr. Seguin that he would
be tasered; (c) attempted a pain compliance technique (i.e., pinched the skin on the back of Mr.
Seguins arm); and (d) used the taser in drive-stun mode, which does not result in neuromuscular
incapacitation.
As discussed more fully below, the officers use of force was justified under New York
State Penal Law due to Mr. Seguins violent assault, which necessitated police intervention, and
his subsequent vigorous attempts to resist arrest. Accordingly, the OAG has concluded that no
criminal charges against any CPD officers are warranted.
Executive Orders No. 147 and 147.3 provide that the OAG may offer any
recommendations for systemic reform arising from the investigation. We recommend that the
CPD develop policies specifically addressing taser use on individuals suspected of being under
the influence of drugs. A number of law enforcement agencies have established guidelines for
the use of tasers on such persons. As a general matter, these guidelines suggest that officers
must have a proper justification for exposing persons under the influence of a drug to any
increased risk. Here, the justification for exposing Mr. Seguin to any increased risk was clear:
Officers appropriately escalated their use of force in an effort to effect the arrest of a person
violently resisting arrest for what appeared to be an attempted sexual assault. Nonetheless, in
order to give CPD officers more clarity concerning under which circumstances tasers may be
used on individuals suspected of being under the influence of drugs, we recommend that the
CPD develop policies specifically addressing taser use on individuals suspected of being under
the influence of drugs. In addition, further scientific study is warranted on whether persons under
Tasers are used in drive-stun mode (i.e., where two electrodes are pressed directly against the suspect) or dartprobe mode (i.e., where darts are released from the instrument, pierce the skin, and can cause temporary
neuromuscular incapacitation, causing an individual to be unable to move). Drive-stun mode delivers an electric
shock, but does not cause the override of an individuals central nervous system.
the influence of PCP or other drugs may have a higher risk of serious injury or death when
subjected to a taser.
STATEMENT OF FACTS 4
This incident can be divided into three segments: the events leading to law enforcement
officers being called to Mr. Seguins apartment; the interaction between the officers and Mr.
Seguin up to and including Mr. Seguin being tasered; and the response of law enforcement
personnel after Mr. Seguin was tasered.
A. Events Preceding the Arrival of Law Enforcement
F.M. 5 knew Joseph Seguin because she previously dated his brother. After that
relationship ended, F.M. remained friendly with Mr. Seguin. On November 29, 2015, Mr.
Seguin called F.M. and arranged to meet her. He picked her up at a train station in Croton Falls,
New York around 2:00 p.m., and the two proceeded to a location in Yonkers, New York. There,
Mr. Seguin entered a residence while F.M. stayed in the vehicle. According to F.M., Mr. Seguin
purchased three or four bags of PCP at this location. 6
The pair immediately smoked one-half of one of the bags of PCP before driving to Mr.
Seguins rented room on the second floor of a rooming house in Mahopac, New York; they
arrived around 10:00 p.m. F.M. recalls that she and Mr. Seguin were the only people in the room
and that the two smoked more PCP after arriving in the room. The last thing F.M recalls is
making a call from her cell phone in Mr. Seguins room while he was using his phone. She has
no recollection of what occurred in the room between that time and the time the police arrived.
F.M.s next memory is seeing police lights illuminating the room and police officers
trying to pull Mr. Seguin out. F.M. was disheveled and bore evidence of an assault. When
police officers entered the room they noted that F.M.s shirt was off. She sustained a black eye,
scratches, and bruising on her face, back, and shoulders that she did not have prior to her
encounter with Mr. Seguin. F.M. remained inside the room until the entire incident was over and
did not witness the police taser Mr. Seguin, which occurred outside of the room. F.M. was
ultimately transported to Putnam Hospital, where she was treated for her injuries.
E.E. and T.C. rented rooms in the same house where Mr. Seguin resided; additionally, on
the night of this incident, S.S. was staying overnight with E.E. M.R. owned the residence, and
he and his son, M.R. Jr., were present on the night of the incident. During the late evening and
early morning hours of November 29 and November 30, 2015, E.E., M.R. Jr, S.S., and T.C.
heard the sounds of an altercation coming from Mr. Seguins room. T.C. heard what he
described as moaning and groaning, things being broken, and some type of a struggle. E.E.
4
None of the information referenced in this report was obtained through the use of grand jury subpoenas. Any
subpoenas issued were pursuant to New York State Executive Law Section 63(8).
5
All civilian witnesses are identified by initials in order to protect their privacy.
heard Mr. Seguin screaming, I am God, I am God. Take it, take it bitch, banging, and a woman
crying. S.S. also heard Mr. Seguin screaming, I am God, I am God, banging and a woman
crying. M.R. Jr. heard yelling, banging, and what he described as a woman being thrown
around.
T.C., concerned that a woman was being hurt inside the room (and armed with a 20
pound hand weight) knocked on Mr. Seguins door. Mr. Seguin replied, among other things,
Fuck you. Fuck you. Shortly thereafter, M.R., the owner of the home, joined the others
outside of Mr. Seguins room. The residents advised M.R. that they believed that Mr. Seguin
was assaulting a woman in his room. M.R. knocked on the door and asked Mr. Seguin to open it.
Receiving no response, M.R. knocked again and told Mr. Seguin that if he did not answer the
door, M.R. would call the police.
When Mr. Seguin refused to open the door, M.R. Jr. called 911. The call was made at
1:34 a.m. The OAG reviewed the dispatch recording of M.R. Jr.s call for assistance. M.R. Jr.
told the dispatcher that there was an issue with one of the tenants, that there is a lot of banging
going on and that a woman was being thrown around the room. M.R. Jr. further stated that
the woman is being hurt and smacked, right now as we speak.
B. Law Enforcement Interaction with Mr. Seguin
CPD Officer James Terrazas was the first officer to arrive. While outside of the home,
Off. Terrazas spoke to E.E. and S.S., who reported what they had seen and heard up to that point.
Off. Terrazas entered the home and spoke with M.R., the landlord, who said that his tenant had
been yelling and screaming for over an hour.
By this time, Sergeant Robert Behan had also arrived. The two officers made their way
to the hallway directly outside of Mr. Seguins room, where they could hear mumbling and what
they believed to be a struggle. The officers announced their presence, knocked on the door, and
ordered Mr. Seguin to open it. Despite repeated requests, Mr. Seguin would not open the door.
At this point, M.R. gave the officers a key to unlock Mr. Seguins room.
The officers had difficulty opening the door completely because a chair had been placed
behind the door. T.C. saw the officers try to enter the room; although he could not see into the
room he said it sounded like Mr. Seguin rushed the officers. When the officers were able to
open the door, they found that the room was somewhat dark and that a broken lamp was on the
floor. They were able to see Mr. Seguin wrestling with F.M.; his face was red, he was sweating
profusely, and he had a blank stare. Having learned Mr. Seguins name from M.R., Off.
Terrazas attempted to reason with him, stating, Joe, stop it. Let her go Joe. Whats going on?
Despite repeated instructions that he release F.M., Mr. Seguin refused to do so. According to the
officers, they then warned Mr. Seguin that if he did not release F.M., he would be tasered. Still
Mr. Seguin did not release her. M.R. confirmed that, during the incident, he heard officers
repeatedly warn Mr. Seguin that they would taser him if he did not stop resisting them.
Working together, the officers were able to wrestle Mr. Seguin away from F.M. Mr.
Seguin continued to flail, kick, and fight with the officers as they then tried to remove him from
4
the room. The officers repeatedly directed Mr. Seguin to lie on the floor and put his hands
behind his back, but Mr. Seguin did not comply. After struggling with Mr. Seguin, Off. Terrazas
and Sgt. Behan were able to remove Mr. Seguin from the room and away from F.M., but he
continued to fight with them. The officers moved him down the hall and into a living room area.
While the officers and Mr. Seguin were in the living room, M.R., M.R. Jr., and T.C. were
standing in a doorway down the hallway and E.E. and S.S. were on the landing of the split stairway,
midway down the stairs. M.R., M.R., Jr., and T.C. observed Mr. Seguin continuing to fight with and
resist the officers at this time, while E.E. and S.S. heard Mr. Seguin resisting the police officers and could
see the tops of the officers heads from their vantage point.
While Mr. Seguin and the officers were in the living room area, Mr. Seguin, as observed
by M.R. Jr., grabbed a cage containing a pit bull. Mr. Seguin kicked and fought with the
officers, and refused to let go of the cage. After a struggle, Off. Terrazas was able to free Mr.
Seguins hands from the dog cage. At this point, Mr. Seguin locked his hands beneath his body
so that the officers could not handcuff him.
By this time, Officer Jeffrey Eagan had arrived at the scene. Off. Eagan saw Off.
Terrazas and Sgt. Behan trying unsuccessfully to gain control of Mr. Seguin, and Off. Eagan
tried to assist them. The three officers were unable to remove Mr. Seguins hands from beneath
his body, and each concluded that Mr. Seguin was acting under the influence of drugs. Off.
Terrazas warned Mr. Seguin that he would be tasered if he did not stop resisting. Obtaining no
compliance, Off. Terrazas attempted to drive-stun Mr. Seguin with his taser (by pressing the
instrument directly against Mr. Seguins skin as opposed to deploying its darts), but the taser
malfunctioned.
The officers continued to struggle with Mr. Seguin and repeatedly advised him that he
would be tasered if he did not stop resisting arrest. Sgt. Behan pinched the skin on the back of
Mr. Seguins arm (a technique used by police officers in order to obtain compliance from a
resisting subject), but it had no effect. Off. Eagan again warned Mr. Seguin that he would be
tasered if he did not stop resisting. Again, after obtaining no compliance, Off. Eagan used his
taser and drive-stunned Mr. Seguin on the lower, right side of his back. The instrument
functioned properly and Mr. Seguin called out Oww, but he continued to fight with the
officers. Mr. Seguins continued resistance despite having been drive-stunned surprised the
officers, who had all been drive-stunned as part of their taser training and described the resulting
pain as substantial. 7
Mr. Seguin continued to resist the officers attempts to handcuff him. Off. Eagan warned
Mr. Seguin that he would be tasered again if he did not stop resisting. Despite the fact that he
had been drive-stunned, Mr. Seguin continued to be combative. He refused to comply with the
officers orders to place his hands behind his back and stop resisting arrest. In response to Mr.
Seguins continued reaction to the officers efforts to subdue him, Off. Eagan made the decision
to deploy his taser in dart-probe mode. Two taser prongs struck Mr. Seguin in his left abdomen,
roughly three inches apart. Despite the fact that Mr. Seguin was tasered six additional times, the
7
As discussed above, F.M. told the CPD that she and Mr. Seguin smoked PCP on the night of the incident. PCP
affects a persons perception of pain. See National Institute of Health, PCP (Phencyclidine), May 2006.
transmitted electric current did not incapacitate him. 8 Instead, he continued to struggle against
the officers and refused to put his hands behind his back, although he did yell in pain. Only after
Off. Eagan activated his taser for a final, eighth time, were the officers able to secure Mr.
Seguins hands behind his back and take him into custody. 9
The Carmel Police Department Taser Evidence Sync Report, indicates that, at 1:32:0410,
Off. Egans taser was activated for three seconds, which appears to correspond to Off. Egans
unsuccessful attempt to incapacitate Mr. Seguin by drive-stunning him. (Exhibit D at 1.) The
Taser Evidence Sync Report states that, at 1:32:12, the taser was deployed for 8 seconds, which
appears to correspond to Off. Egans deployment of the taser in dart probe mode. (Exhibit D at
1.) Between 1:32:21 and 1:33:03, the taser was activated five times for 5, 9, 10, 5, and 5
seconds, respectively. (Exhibit D at 1.) Twenty-seven seconds later, at 1:33:30, Off. Eagan
again tasered Mr. Seguin for 5 seconds. (Exhibit D at 1.) At that point, the officers were able to
handcuff Mr. Seguin and take him into custody. As noted above, Mr. Seguin did not display the
type of pain responsiveness or neuromuscular incapacitation that would normally accompany
drive-stun or dart-probe taser use, respectively; he remained combative throughout the incident
until the final taser activation occurred.
The civilian witnesses were not positioned in a manner such that they could see the
entire incident, but they made several observations that confirm key parts of the officers account
of the incident: (1) E.E. stated that she heard Mr. Seguin continue to struggle with the officers
after he had been tasered; (2) S.S. heard the officers taser Mr. Seguin twice and then heard him
continue to fight; (3) M.R. saw that Mr. Seguin did not stop struggling until after he was tasered;
and (4) M.R. Jr. saw that while Mr. Seguin was being tasered, he was still fighting and was just
not stopping.
Once taser darts connect with an individual, electrical pulses are conducted through wires each time the instrument
is deployed. The pulses normally incapacitate an individual by causing muscles to contract, resulting in the loss of
body control. See, e.g., http://www.theiacp.org/portals/0/pdfs/EMDT9Steps.pdf. Optimally, when a taser is used in
dart-probe mode, there should be between nine and 18 inches separating the darts, and the darts should connect with
major muscle groups. See generally The Physiologic Effects of Multiple Simultaneous Electronic Control Device
Discharges, West J Emer Med 2010 11(1), and https://www.policeone.com/less-lethal/articles/4558608-TASERbasics-What-every-judge-and-jury-should-know/ (The probes are less effective on fatty tissues than on major
muscle groups.) Here, because Mr. Seguin and Off. Eagan were close to one another and because Mr. Seguin was
moving, the prongs were separated by only approximately three inches and were embedded in fatty tissues, which
may be why the instrument never produced the type of neuromuscular incapacitation one would normally expect.
9
When the safety was removed from Off. Eagans taser (Model X26P), its video capabilities were activated. The
video is of poor quality and does not provide a clear, comprehensive view of the incident. However, the captured
audio shows the officers directing Mr. Seguin to put his hands behind his back and Mr. Seguin calling out Oww in
pain. The video captured the wires connecting the darts to Mr. Seguin, the dog cage, the hallway, and some of the
civilian witnesses. Off. Terrazas taser (Model X26) was older than Off. Eagans, and it malfunctioned completely.
10
The 911 call system indicates that M.R. Jr.'s call to 911 was made at 1:34 a.m. The taser report indicates that the
time of the first taser engagement was 1:32 a.m. Unquestionably, the 911 call was made well before the first use of
the taser. Based upon the evidence in this matter, it appears that the 911 timekeeping system was accurate and that
the time on the taser clock was not accurate.
11
Narcan is a nasal spray indicated for the emergency treatment of a known or suspected opioid overdose. See
http://www.drugs.com/pro/narcan.html.
12
An automated external defibrillator is a portable device that checks the heart rhythm and is capable of sending an
electric shock to the heart to try to restore a normal rhythm. AEDs are used to treat sudden cardiac arrest. Most
sudden cardiac arrests result from ventricular fibrillation, a rapid and unsynchronized heart rhythm, which can lead
to death. The heart can sometimes be defibrillated to restore a normal rhythm. Sticky pads with sensors are
attached to the chest of the person who is experiencing sudden cardiac arrest. The electrodes send information about
the person's heart rhythm to a computer in the AED. The computer analyzes the heart rhythm to find out whether a
shock (defibrillation) is advised (shock indicated) or not (no shock advised). When the machine indicates no
shock advised on a person without a pulse, it has not detected a shockable rhythm.
https://www.nhlbi.nih.gov/health/health-topics/topics/aed;
https://www.heart.org/idc/groups/heart-public/@wcm/@hcm/documents/downloadable/ucm_300340.pdf.
hospital at approximately 2:33 a.m. Mr. Seguin was pronounced deceased by hospital staff at
approximately 2:40 a.m.
MEDICAL EXAMINER / CORONERS DETERMINATION
Joseph Seguins body was autopsied by Dr. Kunjlata Ashar, the Westchester County
Medical Examiner, 13 at approximately 6:40 p.m. on November 30, 2015 (approximately sixteen
hours after the time of death). Gross external examination revealed EKG patches present on Mr.
Seguins chest and abdomen and AED pads on his chest. Mr. Seguin was 68 inches tall and
weighed 280 pounds. Two puncture marks were found on Mr. Seguins left middle area one
on the left side of the abdomen, three inches above the umbilicus, and another above the left hip
area which correspond to the area where the taser darts made contact with Mr. Seguins skin.
Otherwise, Mr. Seguins gross external examination was unremarkable.
Samples of Mr. Seguins blood and bodily fluids were submitted for toxicological
analysis. A number of legal and illicit substances were found in Mr. Seguins blood, including
Naloxone (which is the generic name for Narcan) and high levels of Phencyclidine (PCP). The
report reflects that Phencyclidine is a DEA Schedule II controlled dangerous hallucinogenic
drug.
The final autopsy report notes as the cause of death: Cardiac arrest during [an] excited
state, while under the influence of phencyclidine, after being Tasered and handcuffed.
Mr. Seguin was 38 years old when he died.
LEGAL ANALYSIS
The evidence shows that CPD officers used force against Mr. Seguin that was justified
under the New York Penal Law. New York State Penal Law Section 35.30(1) provides that a
police officer may: (1) in the course of effecting or attempting to effect an arrest . . . of a person
whom he or she reasonably believes to have committed an offense (2) use physical force when
and to the extent he or she reasonably believes such to be necessary to effect the arrest . . . . 14
CPD officers clearly had a reasonable belief that Mr. Seguin committed an offense. They
saw him violently grabbing a partially-clothed woman, and he refused to heed their commands
for him to release her. Clumps of F.M.s hair were apparent on the floor; she was disheveled and
bore scratches and bruises.
13
Pursuant to an inter-county agreement, the Westchester County Medical Examiner performs autopsies in Putnam
County as needed.
14
The Carmel Police Departments use of force policy parallels and makes specific reference to Article 35:
Officers of the Carmel Police Department are expected to use only such force as is reasonable and necessary in
making an arrest. They may only use the level of physical force necessary to effect lawful objectives in the
performance of their duties within the limits established in Article 35 of the New York State Penal Law . . . .
(Exhibit B at 1.)
The operative question, therefore, is whether the officers had a reasonable belief that the
force they used was necessary to arrest Mr. Seguin. The United States Supreme Court has held
that a determination of whether police use of force is reasonable is a fact-specific inquiry that
requires balancing the nature of the use of force with the countervailing government interests at
stake. Relevant considerations include the severity of the crime at issue, whether the suspect
poses an immediate threat to the safety of the officers or others, and whether he is actively
resisting arrest or attempting to evade arrest by flight. See Graham v. Connor, 490 U.S. 386, 396
(1989). 15
Here, the severity of the crime at issue Mr. Seguins assault on F.M. was significant,
and Mr. Seguin actively resisted arrest. The use of force was therefore warranted, and the nature
of the CPDs use of force was measured and graded. It progressed through verbal commands;
hands-on engagement; attempted use of a taser in drive-stun mode; use of a pain compliance
technique (i.e., pinching the skin on the back of Mr. Seguins arm); actual use of the taser in
drive-stun mode; and, finally, to the use of the taser in dart-probe mode. When the taser was
ultimately deployed in dart-probe mode, Mr. Seguin was still actively resisting. The officers
escalating use of force was consistent with the CPD policy on the use of force. See Town of
Carmel Police Department General Order A-15, Use of Force, attached hereto as Exhibit B at 2
(When the use of force is necessary and appropriate, officers shall, to the extent possible, utilize
an escalating scale of options and will not use more forceful measures unless it is determined that
a lower level of force is inadequate.); see generally Crowell v. Kirkpatrick, 400 Fed. Appx. 592,
595 (2d Cir. 2010) (officers used a taser in drive-stun mode only as a last resort when other
means to effect arrests had proven infeasible).
Taser use is non-lethal force. 16 See Buckley v. Haddock, 292 Fed. Appx. 791, 796 (11th
Cir. 2008) (use of a taser is at most-moderate, non-lethal force); Whitfield v. City of
Newburgh, 2015 WL 9275695, *11 (S.D.N.Y. Dec. 17, 2015) (discussing where on the force
continuum taser use should be and describing the use of a taser as a significant amount of
force); Negron v. City of New York, 976 F.Supp.2d 360, 367 (E.D.N.Y. 2013) (Common sense
suggests that, in the ordinary case, the likelihood of sustaining serious, permanent injuries from a
taser is relatively low); People v. Patterson, 115 A.D.3d 1174, 1175 (4th Dept. 2014) (use of a
taser is non-lethal force); see also Jeff Fabian, Dont Tase Me Bro! A Comprehensive
Analysis of the Laws Governing Taser Use by Law Enforcement, 62 FLA. L. REV. 763, 766
(2010) (Research shows that the large majority of Taser incidents result in mild or no injuries to
15
In Graham, the United States Supreme Court set the minimum standard of care which a police officer must
exercise in making an arrest to avoid violation of the arrestees Fourth Amendment rights. See McCummings v.
New York City Transit Auth., 81 N.Y.2d 923, 927 (1993).
16
Deadly physical force is defined as physical force which, under the circumstances in which it is used, is readily
capable of causing deadly or other serious physical injury. Penal Law 10.00(11). An officer may use deadly
physical force if he or she reasonably believes that the person to be arrested committed a felony or an attempt to
commit a felony involving the use or attempted use or threatened imminent use of physical force against a person.
Penal Law 35.30(1)(a)(i). Here, it appears that Mr. Seguins unlawful conduct may qualify as a felony or an
attempted felony involving the use or threatened imminent use of physical force against F.M. Accordingly, the CPD
may have been entitled to use deadly force to the extent a reasonable belief could have been held that such force was
necessary to effect the arrest. Because tasers are recognized to be a use of non-lethal force, we do not address the
use of deadly physical force.
the suspect.); Town of Carmel Police Department, General Order 0-46, Electronic Energy
Device (Taser) (Exhibit B at 13, 18) (classifying tasers as nonlethal weapons equivalent to the
use of OC Spray [i.e., Oleoresin Capsicum or pepper spray]); U.S. Department of Justice,
Office of Justice Programs, National Institute of Justice, May 2011, Police Use of Force, Tasers,
and Other Less-Lethal Weapons, available at https://www.ncjrs.gov/pdffiles1/nij/232215.pdf
(tasers have been studied extensively and found to reduce injuries to both suspects and officers
alike when compared with other use of force alternatives).
Several courts have held, for purposes of civil liability, that the use of a taser is
reasonable where a suspect actively resists arrest. 17 See, e.g., Crowell, 400 Fed. Appx. at 595
(drive-stun tasering deemed reasonable where plaintiffs actively resisted arrest by chaining
themselves to a several hundred pound barrel drum); Draper v. Reynolds, 369 F.3d 1270, 1278
(11th Cir. 2004) (holding that use of a taser was not excessive force where a suspect who was
stopped because his license plate was not illuminated was hostile, belligerent, and
uncooperative); Neal-Lomax v. Las Vegas Metropolitan Police Dept., 574 F. Supp.2d 1170,
1185-86 (Dist. Ct. D Nevada 2008) (noting vigorous resistance in finding reasonable taser use on
an individual under the influence of PCP who died of cardiac arrest, including five taser strikes
after the decedent had been restrained); Wright v. Deghetto, No. 5:06CV-133-R, 2008 WL
199890 (W.D. Ky. Jan. 23, 2008) (holding that it was reasonable to taser a suspect who was
verbally combative and who resisted officers attempts to handcuff him); Johnson v. City of
Lincoln Park, 434 F. Supp.2d 467, 479-80 (E.D. Mich. 2006) (holding that the use of a taser was
reasonable where a fourteen-year old, who was handcuffed and surrounded by four police
officers, still violently resisted arrest).
The number of times a taser is used and the duration of the taser applications are relevant
to whether the use of force was reasonable. Here, Mr. Seguin was tasered eight times, within a
span of 91 seconds, for a total taser application time of 50 seconds. Mr. Seguin was combative
with the officers throughout the incident and could not be subdued prior to the use of a taser.
Courts have determined that multiple taser applications may be reasonable when necessary to
subdue a subject. See Neal-Lomax., 574 F. Supp.2d at 1187-88 (holding that it was reasonable
to taser the defendant seven times for a total of 31 seconds including five times after he was
handcuffed, because he resisted an officers attempts to place him in an ambulance); Sanders v.
City of Fresno, 551 F. Supp. 2d 1149, 1168-76 (E.D. CA 2008) (holding that ten total taser
applications for a total of a maximum of 70 seconds by three officers were not unreasonable
17
Courts have placed emphasis on whether, like here, officers warned a civilian that he or she would be tasered if
the civilian did not stop certain conduct. See Negron, 976 F.Supp.2d at 367 (noting the importance of giving a
warning before a taser is used); Neal-Lomax v. Las Vegas Metropolitan Police Dept., 574 F. Supp.2d 1170 (Dist.
Ct. D Nevada 2008) (officers gave warnings); cf. Brown v. City of Golden Valley, 574 F.3d 491 (8th Cir. 2009) (use
of a taser on a car passenger for refusal to exit a car stopped for speeding constituted excessive force because the
officer tasered the passenger without warning and the tasering was disproportionate to the underlying crime); Casey
v. City of Federal Heights, 509 F.3d 1278 (10th Cir. 2007) (use of a taser on a passively resisting suspect was
unreasonable because the officer tasered the suspect without warning and the use of force was disproportionate to
the underlying crime (removing from the courthouse court records that the suspect showed an officer on the way
back into the courthouse and the officer refused to take them)).
10
due to the suspects apparent physical threat to his wife, his continued resistance against officers,
and the inability of multiple officers to physically subdue him). 18
Finally, courts have found the use of Tasers to be reasonable under circumstances
involving no resistance and far less resistance than Mr. Seguin engaged in. See, e.g., Buckley v.
Haddock, 292 Fed. Appx. 791, 795 (11th Cir. 2008) (holding that it was reasonable to taser a
handcuffed arrestee as the arrestee sat on the side of a road during a traffic stop, refusing to stand
up and walk to the patrol car); Edwards v. City of Martins Ferry, 554 F. Supp.2d 797, 807-08
(S.D. Ohio 2008) (holding that it was reasonable for an officer to taser an eighty-two year old
man with Alzheimers disease because the man struggled with an officer during an arrest for
public urination); Campos v. City of Glendale, No. CV-06-610-PHX-DGC, 2007 WL 4468722
(D. Ariz. Dec. 14, 2007) (holding that it was reasonable for police to taser an unconscious man,
because the man pulled his arms away as officers tried to handcuff him).
For the foregoing reasons, the CPD officers use of force against Mr. Seguin was justified
under the New York Penal Law and, therefore, no charges are warranted.
POLICY RECOMMENDATION
Scientific studies regarding the use of tasers on persons under the influence of drugs are
limited. 19 Additional research is warranted. Consequently, as a general matter, police agencies
should be mindful of concerns about the use of tasers on those under the influence of drugs and
take these concerns into account when developing use-of-force policies.
A number of law enforcement agencies have addressed taser use on individuals under the
influence of drugs. For example, in a 2011 report, the United States Department of Justice
Community Oriented Policing Services and the Police Executive Research Forum established
18
The CPD Taser policy, attached hereto as Exhibit B, states: Officers should attempt to limit the number of
repeated 5-second Taser cycles applied to any one suspect to three (3). However, the policy does not mandate that
the cycles be limited to five seconds, and it clearly contemplates that the Taser may be deployed for more than three
cycles, as it states that EMS must be called anytime there are 3 or more Taser exposures. Training materials
provided to the CPD by the manufacturer of the Taser model X26P used here state that exposure . . . for longer than
15 seconds (whether due to multiple applications or continuous cycling) may increase the risk of death or serious
injury. TASER X26P Conducted Electrical Weapon (CEW) Training Materials, April 2013; see also DOJ
Community Oriented Policing Services (COPS) and Police Executive Research Forum. 2011 Electronic Control
Weapon Guidelines at 13, DOJ COPS Washington, D.C. (March 2011) (noting as increased risk factors cycling
time that exceeds 15 seconds in duration, whether the time is consecutive or cumulative).
19
See U.S. Department of Justice, National Institute of Justice Special Report. Study of Deaths Following Electro
Muscular Disruption, (May 2011), available at https://www.ncjrs.gov/pdffiles1/nij/233432.pdf. See also ACLU of
Northern California, Stun Gun Fallacy: How the Lack of Taser Regulation Endangers Lives, September 2005 Taser
Study (emphasizing the need for data on the effects of Taser use on people under the influence of drugs); Dont
Tase Me Bro! A Comprehensive Analysis of the Laws Governing Taser Use by Law Enforcement, 62 FLA. L. REV.
763 (2010) (noting a dearth of studies on vulnerable individuals, including children, the elderly, the mentally ill,
and those under the influence of drugs).
11
guidelines for use-of-force practices and policies governing tasers. 20 The report notes that
officers should be made aware that certain vulnerable populations, including those under the
influence of drugs, may be at heightened risk of serious injury or death when subjected to a taser.
Similarly, the Maryland Attorney General has recommended that police departments adopt useof-force models recognizing that persons consuming drugs may be at a heightened risk. 21
According to the Maryland Attorney Generals report, when deciding whether to use a taser, an
officer should consider the greater potential risk and be able to articulate the justification for
exposing a person to increased risk. 22
Here, the justification for exposing Mr. Seguin to any increased risk was clear: Officers
appropriately escalated their use of force in an effort to effect the arrest of a person violently
resisting arrest for what appeared to be an attempted sexual assault.
Nonetheless, in order to give officers more clarity concerning under which circumstances
tasers may be used on individuals suspected of being under the influence of drugs, we
recommend that the CPD develop policies specifically addressing taser use on individuals
suspected of being under the influence of drugs.
20
DOJ Community Oriented Policing Services (COPS) and Police Executive Research Forum. 2011 Electronic
Control Weapon Guidelines, DOJ COPS: Washington, D.C. (March 2011), available at
http://www.policeforum.org/assets/docs/Free_Online_Documents/Use_of_Force/electronic%20control%20weapon
%20guidelines%202011.pdf. Cf. generally TASER X26P Conducted Electrical Weapon (CEW) Training Materials,
April 2013 (use of a taser in dart probe mode can be effective on subjects affected by chemical or mental influences
because it is not solely dependent on pain for effectiveness.).
21
Maryland Attorney General. Report of the Maryland Attorney Generals Task Force on Electronic Weapons, 3536 (December 2009).
22
Id. at 70.
12
No. 147
and
WHEREAS, the foregoing compels me to conclude that my constitutional obligations provide that in
cases where an issue of a real or perceived conflict of interest exists, 8Jld to ensure full confidence in our
system of criminal justice, a special prosecutor should be appointed with respect to such incidents. Such
appointment of a special prosecutor will supersede in all ways the authority and jurisdiction of a county
district attorney to manage, interpret, prosecute or inquire about such incidents; and
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of
the authority vested in me by the Constitution and LaWl! of the State ofNew Yorlc, and particularly by
subdivision 2 of section 63 of the Executive Law, hereby require the Attorney General (hereinafter, the
"special prosecutorj to investigate, and if warranted, prosecute certain matters involving the death of an
unanned civilian, whether in custody or not, caused by a law enforcemMt officer, as listed in subdivision 34
of section 1.20 of the Criminal Procedure Law. The special prosecutor may also investigate and prosecute in
such instances where, in his opinion, there is a significant question as to whether the civilian was armed and
dangerous at the time of his or her death;
FURTHER, for any matter covered herein, the special prosecutor shall have the powers and duties
specified in subdivisions 2 and 8 of section 63 of the Executive Law for purposes of this Ordt!!, and shall
possess and exercise all the prosecutorial powers necessary to investigate, aod if warranted, prosecute the
incident The special prosecutor's jurisdiction will displace and supersede the jurisdiction of the county
district attorney where the incident occurred; and such county district attorney shall have only the powers and
duties designated to him or her by the special prosecutor as specified in iSUbdivision 2 of section 63 of the
Executive Law;
FURTIIER. for any matter covered herein, the special prosecutor shall conduct a full, reasoned, and
independent investigation including, but not limited to, (i) gathering lllld analyzing evidence, (li) conducting
witness interViews,.and (iii) reviewing investigative reports, scientific reports, and audio and video
recordings;
FURTHER. for any matter covered herein, the special prosecutor shall, (i) attend in person, a term or
terms of the County or Supreme Court to be held in and for the County of such appropriate jurisdiction
consistent with this Order, (ii) appear in person before any grand jury drawn for any term(s) of said court, for
the purpose 'of conductiog any and all proceedings, examinations, and inquiries, and (iii) bring any and all
criminal actions and proceedings which may be had or taken before said grand jury and other grand juries
concerning or relating to any and all alleged unlawful acts llS described by this Order;
FURTHER, for any matter covered herein, the special prosecutor will provide to me, or my designee,
a report on all cases where, (i) the specia1 prosecutor declines to present evidence to a grand jury regarding
the death of a civilian as described io this Order, whether in custody or cot, allegedly caused by a law
enforcement officer, or (ii) the grand jury declines to return an indictment on any charges. The report will
include, to the extent possible and lawful, an explanation of that outcome and any recommendations for
systemic reform. arising from the investigation.
This Executive Order shall continue until modified, suspended or terminated by the Governor.
fifteen.
BY TIIE GOVERNOR
1.
2.
,.,
.J.
11
'
public
weapon
inch barrel,
.45
2. The weapon and the following accessory equipment: a Type II basket weave black
holster; a basket weave black magazine pouch capable of holding two magazines and he
two additional magazines will be purchased by
as long as the officer voluntarily becomes certified in its use and maintains such
yearly
taking a
light
course at a minimum
every year.
Members of the ERT Team who normally train with weapon-mounted flashlights, must
in lowlight conditions and be certified annually be the ERT firearms instructor. The
Administrative Lieutenant-will certify annually a list of officers who are permitted to
have their weapons equipped with a weapon light. The weapon flashlight will
only
utilized in possible deadly physical force confrontational situations, and is not to take the
place of the department issued flashlight used in normal patrol situations.
Ll
5.
the
fl
.I
AU rn rn1strai:1ve
ueui:ena m.
written report to the Administrative Lieutenant, who will record the serial numbers and
names of the officers, who are certified to be proficient with their personal .45 caliber
pistol for patrol use. The Chief of Police will have final approval and authorization for
the officers' who are interested in availing themselves of this option.
69A
69B
a.
, or
/
I,
/N
Contents
4
4
4
5
Chapter 1: Warnings
Important Safety and Health Information
Use of Force Policy
Firmware Update
6
6
6
7
7
8 Chapter 3: Features
8 X26P ECD Features
8 Safety Switch
9 LASER
9 Mechanical Sights
9 Tactical Accessory Power Interface
9 Performance Power Magazine (PPM) Battery Pack
10 Changing the Battery Pack
11 Tactical Performance Power Magazine (TPPM) Battery Pack
11 eXtended Performance Power Magazine (XPPM) Battery Pack
11 Automatic Shut-Down Performance Power Magazine (APPM) Battery Pack
12 Advanced Central Information Display (CID)
12 System Status Icons
13 Battery Level Icons
14 Spark Duration
14 Sample CID Displays
15 LED Flashlight
15 Selector Switch (LASER and LED Flashlights)
16 Trigger Switch
17 Ergonomic Grip Design
18
18
18
19
19
20
20
20
21
21
22
22
23
Loading
Unloading
Aiming and Probe Placement
"Silence Is Golden"
Potential Causes of Reduced or No Effectiveness
Electrodes
Drive-Stun Backup
Recommended Drive-Stun Areas for Maximum Effect
24
24
24
25
25
25
26
26
26
26
26
27
27
27
28
28
28
29
29
29
Chapter 5: Maintenance/Troubleshooting
Function Test
Function Test Instructions
What to Do Following ECD Use
Considerations for Handling Used Probes
Effects On Animals
Police/Military K-9 Caution
Uploading Firmware Revisions
Dataport Download Kit
USB Connection Status
EVIDENCE Sync Offline Software
Trilogy Log
Event Log
Pulse Log
Engineering Log
Time Synchronization
X26P ECD Maintenance and Care
Dropped or Wet X26P ECD
TASER Online Troubleshooting Guide
Product Returns
30
30
30
30
31
32
32
32
33
Contents
Warnings
WARNING
Complete Training First
Significant differences exist between each of the TASER ECD models. Do not use or attempt to use any ECD model unless you
have been trained and certified by a Certified TASER Instructor on that particular model.
Read, study, understand, and follow all instructions, warnings, information, training bulletins and TASER training materials
before using the TASER X26P ECD. Failure to comply with the product instructions, warnings, information, training
bulletins, and TASER training materials could increase the risk of or result in death or serious injury to the user, force
recipient, and others.
Use the ECD only in accordance with applicable federal, state, and local laws and other regulations or legal requirements.
Your agencys guidance must also be followed. Any ECD use must be legally justifiable.
TASER ECDs are designed in probe-deployment mode to temporarily incapacitate a person from a safer
distance while reducing the likelihood of serious injuries or death. When used as directed, TASER ECDs have
been found to be safer and more effective than other traditional use-of-force tools and techniques. However,
it is important to remember that the use of force and physical incapacitation, by their very nature, involve risk
that someone will get hurt or may even die from factors that include, but are not limited to: physical resistance,
exertion, individual susceptibilities, and/or unforeseen circumstances. Any use of force or physical exertion
involves risks that a person may get hurt or die.
policy that addresses TASER ECD use and that this policy is clearly addressed during end-user training.
Firmware Update
Before using your X26P ECD, confirm with your armorer or other qualified person that the X26P firmware has
been updated.
Chapter 1
Warnings
General Information
TASER technology is designed to use electrical impulses similar to those in your bodys nervous system to cause
stimulation of the sensory and motor nerves. Neuro Muscular Incapacitation (NMI) occurs when an ECD is able
to cause involuntary stimulation of both the sensory nerves and the motor nerves. It is not dependent on pain
and can be effective on subjects with a high level of pain tolerance.
Previous generations of stun guns primarily affected the sensory nerves only, resulting in pain compliance.
A subject with a very high tolerance to pain (e.g., a drug abuser, person in serious psychological distress, or
a trained, focused fighter) may not be affected by the pain or might be able to fight through the pain of a
traditional stun gun.
WARNING
The use of TASER technology is designed to cause incapacitation and strong muscle contractions
making secondary injuries a possibility. These potential injuries include but are not limited to: cuts,
bruises, impact injuries, and abrasions caused by falling, and strain-related injuries from strong muscle
contractions such as muscle or tendon tears, or fractures. These injuries are secondary in nature and
not directly attributable to the electric output of the ECD, but are possible consequences of the strong
muscle contractions the ECD may induce.
Chapter 2
General Information
Features
Mechanical Sights
TASER Cartridge
Trigger
PPM Release Button
Textured Grip Zones
Probe
Performance Power
Magazine (PPM)
Cartridge Release Tab
Wire
AFIDs
LASER
Blast Door
WARNING
Ensure the ECD is unloaded, the safety is in the down (SAFE) position, and your fingers are away from the
trigger before reading the serial number.
Safety Switch
Ambidextrous safety can be operated from either side of the ECD.
Safety switch down (SAFE).
Safety switch up (ARMED) and ready to deploy.
Do not block the safety on one side of the X26P ECD while attempting to move it on the other side. This
can break the safety and disable the ECD.
With default settings, if the X26P ECDs safety switch is left in the up (ARMED) position for more than 20
minutes, the system goes into low power mode to reduce the amount of power consumed, and the ECD
will not fire. The ECD will not fire, but power is still consumed and will eventually drain the battery if the
safety switch remains in the ARMED position. (This feature can be turned off, which then will cause the
X26P ECD to be left on indefinitely when the safety is up (ARMED). See the Setting Auto Power Down
(Power Save) section in this manual for more information.) To re-arm the ECD, shift the safety to the
down (SAFE) position, and then shift it back to the up (ARMED) position.
Up (ARMED)
Down (SAFE)
LASER
The LASER installed in the X26P ECD is oriented with the mechanical sights. At 15 feet (4.6 m), the aiming point
is aligned to the approximate trajectory of a cartridges top probe.
Mechanical Sights
The mechanical sights on the X26P ECD are molded to provide manual aiming of the ECD. The mechanical
sights are set to coincide with a top probes trajectory at a 15' (4.6 m) distance.
Front Mechanical Sight
NOTE: X26P battery packs will not work with the X3 or X26 ECDs, and battery packs designed for the X3 or
X26 ECDs will not work with the X26P ECD. Battery packs designed for the X2 ECD will work in the X26P ECD.
Do not store the PPM anywhere that the gold contacts on the top of the PPM may touch metal objects. If you
Chapter 3
Features
cause an electrical short between these contacts, the short will drain the battery and may cause the pack itself
to become dangerously hot.
The PPM battery has enough power for approximately 500 five-second discharges depending on temperature,
environment, use of the flashlight, and other factors. The PPM battery will deplete faster in colder weather than
warm weather. Likewise, the battery will deplete faster with the flashlight active.
For more information on installing the PPM, see the Changing the PPM Battery Pack section in this manual.
NOTE: Other battery pack options are available for the X26P ECD. See the Tactical Performance Power Magazine
(TPPM) Battery Pack, Automatic Shut-Down Performance Power Magazine (APPM) Battery Pack, and eXtended
Performance Power Magazine (XPPM) Battery Pack sections in this manual.
Release Button
5 Inspect the battery contacts. Ensure that they appear in working order and are free from dirt or other
residue that may interrupt the battery connection to the ECD.
6 Install the new battery pack and ensure that it is fully inserted into the X26P ECD. Apply sufficient force to
ensure the battery pack is fully seated. When the battery pack seats properly, the release button should
pop out from the recessed position with an audible click.
Chapter 3
Features
10
WARNING
Under stressful situations, audio exclusion might prevent you from hearing the alert from the APPM.
The APPM provides an audible beeping alert for the last 2 seconds of a trigger-initiated cycle before automatically
shutting down the cycle. After 5 seconds deployment duration, the energy burst will stop even if your finger
is still pulling the trigger switch. To reenergize the deployed cartridge, first ensure that your finger is off the
trigger switch, and then press the trigger again.
11
Chapter 3
Features
Your ECD will recognize the APPM as a unique type of battery pack. If you remove the APPM and replace it
with a different type of battery pack, the X26P ECD will return to its normal configuration. That is, there will
no longer be an audio alert, and the energy cycle will continue after 5 seconds if your finger is still holding
down the trigger switch. Always confirm that the ECD performs as expected before returning it to duty after
changing any battery pack.
WARNING
Remove the cartridge before testing the ECD function. See the Unloading section in this manual for
more information.
WARNING
The system status icons are designed to inform you of the system status of the X26P ECD. It is the users
responsibility to conduct proper maintenance and repair, and ensure that the ECD is working properly
before any use. Failure to heed the system status icons could cause serious injury or death.
Major Fault indication. A yellow triangle indicates that the logging or date and
time functions are not working properly. The ECD will still produce an electrical
output (e.g., the ECD should still arc and deploy cartridges), but the accountability
functions are compromised.
Shift the safety switch to the down (SAFE) position and then to the up (ARMED)
position; the fault may clear. If the fault does not clear, it may still be possible to use
the ECD for a short time.
Whether the fault clears or not, it will be recorded in the Engineering log. If the
fault does not clear, and the ECD is still under warranty, send the ECD to TASER
International for repair.
Chapter 3
Features
12
Critical Fault indication. A yellow stop sign in the upper-right side of the CID
indicates a system failure. The ECD is NOT to be used.
Do NOT attempt to use the ECD. Contact TASER International customer service.
Invalid Battery Pack. If you see a blinking exclamation point and battery icon, this
indicates that the ECD did not recognize the battery correctly. Remove the battery
pack and reinsert it. If the error is still present, try another battery pack. If the icon
still displays, the ECD should be sent in for service if it is still under warranty.
An APPM battery pack is installed in the ECD.
A TASER CAM HD recorder with the automatic shut-down feature is installed in the
ECD. This recorder offers an audio warning and shut-down feature like that of an
APPM battery pack.
The USB connection status icon displays when the USB connection is good.
Battery
81 100%
Battery
61 80%
Battery
41 60%
Battery
21 40%
When the battery capacity is at 120 percent, the CID will flash the
warning LO BATT on the CID when the safety switch is cycled to the
up (ARMED) position.
13
Chapter 3
Features
Spark Duration
The CID displays a count indicating how many seconds the deployment cycle lasts. The ECD will count up from
the number 1 up to 99. At 99 seconds, the count will restart at 1.
The CID below shows an ECD that has been discharging for 4 seconds, with a battery pack that is at 4160
percent capacity.
Count
Battery:
41- 60% Remaining
The CID below shows an ECD with an APPM battery pack installed that has a battery capacity of 6180 percent.
Chapter 3
Features
14
APPM Installed
Battery:
61-80% Remaining
Invalid
Battery Pack
The CID below shows an ECD that is 4 seconds into an energy burst, has a battery pack that is 81100 percent
charged, and a major fault with the ECD.
Major Fault
Count
Battery:
81- 100% Remaining
LED Flashlight
The X26P ECD has a high intensity white LED to aid the user in dark environments.
15
Chapter 3
Features
NOTE: Using pens or paper clips to press the selector switch may damage it. Only use your finger to press the
selector switch.
5 Press and release the selector switch to toggle through the four available settings until the setting you
desire is designated on the CID. Stop when the setting you desire is displayed.
WARNING
Do not place your fingers or any part of your body in front of the cartridge when activating the Stealth
Mode.
Trigger Switch
Unlike a firearm trigger, the X26P ECD trigger is a momentary electrical switch. The switch is operational only
when the safety switch is in the up (ARMED) position. Pulling and releasing the trigger switch will result in
an approximately 5-second discharge cycle unless the safety switch is shifted to the down (SAFE) position to
discontinue the 5-second cycle. Pulling and holding the trigger switch for more than 5 seconds will result in
a continuous discharge until the trigger switch is released, or the battery is depletedwhichever comes first.
Chapter 3
Features
16
An X26P ECD equipped with the APPM battery pack is limited to 5-second discharges and emits an audio alert
2 seconds before the end of the cycle. See the Automatic Shut-Down Performance Power Magazine (APPM)
Battery Pack section in this manual for more information.
WARNING
In the event of an accidental discharge, immediately move the safety switch to the down (SAFE) position
to stop the discharge cycle.
Trigger Switch
17
Chapter 3
Features
Cartridges are shipped with a shipping cover in place. Carefully remove these covers before attempting to
load a cartridge into the X26P ECD. Be careful to not allow any body part to be in front of the cartridge. Static
electricity can discharge a cartridge, and injuries have occurred. A cartridge cannot be loaded into the ECD with
the cover in place. Once the cartridge cover is removed, it can be disposed of.
1 Before removing the covers, make sure the front of the cartridge does not point at any body part or at
anyone.
2 Carefully place the cartridge with cover face down (blast door down) onto a stable/solid surface, i.e., a table.
3 Place your index and middle fingers onto the sides of the cartridge where the wedges/electrodes are
located and place your thumbs onto the locking portions of the cover.
4 Push in with your fingers and pull outward with your thumbs and the cartridge will pop upward, releasing
it from the cover.
NOTE: The cartridge may pop upward quickly when the pressure is released from the locking portions of the
cover.
WARNING
Never attempt to open or modify a TASER cartridge. Tampering with a live TASER cartridge could cause
it to fire or malfunction (which may result in serious injury).
Handle all TASER cartridges with care. Probes may deploy unexpectedly if exposed to physical shock, or
static electricity.
18
TASER cartridges should be kept away from conditions known to create an electrostatic discharge, such as
rubbing cloth (e.g., jacket liner or uniform pants) across a cartridge in an environment known to create static
shocks.
Cartridge blast doors can be knocked off the front of a cartridge. Because those cartridges cannot be relied
upon to consistently discharge, TASER recommends removing those cartridges from service. Attempting
to deploy a cartridge with no blast doors could result in a charge being created and held in the wires. Any
conductive material that comes into contact with the front of the cartridge, even after the cycle has ended,
could draw the charge to the ignition pin and deploy the probes.
TASER offers a Blast Door Repair Kit that can be used to replace blast doors that come off. Cartridges with
replaced blast doors should only be used for training and should not be deployed to the field. Go to www.
TASER.com for more information on the Blast Door Repair Kit.
AFID
Every time a TASER cartridge is deployed, approximately 2030 small confetti-like Anti-Felon Identification
(AFID) tags are ejected. Cartridges can be assigned to individual users, as each is serialized. Each AFID tag is
printed with the corresponding serial number of the cartridge deployed, allowing determination of which user
deployed the particular cartridge.
WARNING
Never place your hands or fingers in front of the cartridge. This is especially important when loading
and unloading the cartridge. Serious injury could result. When loading and unloading always hold the
cartridge on the sides or top.
TASER cartridges are shipped with a shipping cover in place. Remove these covers before attempting to load
a cartridge into an X26P ECD. See the Removing the Shipping Cover from the Cartridge section in this manual
for more information.
19
Chapter 4
Unloaded
Loaded
Level
Tilted
Chapter 4
20
For most deployments, hold the ECD level. Do not tilt the ECD unless it is necessary to do so to align the ECD
with the target.
All TASER ECD deployments should be in accordance with current TASER training and warnings, and department
training, policies, and procedures.
Normally, aim the LASER at the preferred target areas of the body, which are the lower center-mass (below the
chest) and legs when the subject is facing you, or the subjects back if the subject is turned away from you.
WARNING
When possible, avoid intentionally targeting the ECD on sensitive areas of the body such as the head,
throat, chest/breast, or known pre-existing injury areas without legal justification.
The top probe impacts the target near the LASER beam; however, the probe impact distance from the LASER
will vary depending on the distance between the ECD and the target, type of cartridge, etc. At 15' (4.6 m), the
LASERs position corresponds to the trajectory of a 25' (7.6 m) cartridges top probe at the same range.
The bottom probe impacts at an 8-degree angle from the top probe. This results in a spread of approximately
1' (0.3 m) for every 7' (2.1 m) of distance from the ECD. Greater probe spread increases effectiveness.
Silence Is Golden
The TASER ECDs electrical current is relatively quiet when both probes make direct contact with a human or an
animal. In contrast, some practice conductive targets are loud because the energy is arcing in the air.
If electrical current is loud during field deployment and the subject is not reacting as expected, the electrical
circuit may not be completed or the current may be shorting out and may not be effective. Deploy a second
cartridge or consider other options in accordance with your agency's policies.
21
Chapter 4
Low Nerve or Muscle Mass. If the probes impact in an area where there is very little muscle mass (e.g.,
the side of the rib cage), the effectiveness can be significantly diminished.
Limited Probe Spread. Probe spreads of less than 4 inches (10 cm) (including drive-stun) may result in
little or no effect and become primarily a pain compliance option.
Wires Break. If a wire breaks (e.g., during a struggle), the current will not flow to the probes and an
additional deployment may be required. Drive-stun may still be available.
WARNING
Do not become over-dependent on the TASER ECD. No force option, including ECDs, is 100% effective
in every situation. Do not deploy the ECD without following your department policies and procedures.
Electrodes
The front of the X26P ECD has two metal electrodes. These electrodes direct the charge to the electrodes on
the cartridge to initiate deployment of the probes. In addition, the electrodes provide the ability to use the
X26P ECD in a drive-stun mode as a traditional stun-gun type ECD.
Electrode
Electrode
Drive-Stun Backup
Drive-stun capability is available with or without a TASER cartridge installed. To apply a drive-stun, place the
safety in the up (ARMED) position and pull the trigger. The drive-stun mode is not designed to cause NMI and
generally becomes primarily a pain compliance option. Probe deployment is usually considered more desirable
if NMI is the desired objective, even at close range. Some of the advantages of probe deployment include:
Drive-stun is only effective while the ECD is in contact with the subject or when pushed against the
subjects clothing. As soon as the ECD is moved away, the energy being delivered to the subject stops.
Deploying the probes allows the user to separate from the subject while maintaining control.
Due to automatic reflex actions, most subjects will struggle to separate from the ECD. Each time the ECD
comes back in contact with the subject, another set of marks may be visible on the subjects skin. Using
the probes allows for one point of discharge.
If the probes are deployed, even at very close range, the user may drive-stun to another portion of the
body that is further away from the probes, thereby increasing the possibility of inducing NMI.
Chapter 4
22
If the drive-stun is not effective, evaluate the location of the drive-stun, consider an additional cycle to a
different pressure point, or consider alternative force options in accordance with your agency's policies.
When using the drive-stun, push (drive) the front of the X26P ECD firmly against the body of the subject. Simply
touching the X26P ECD against the subject is not sufficient. The subject is likely to recoil and try to get away
from the ECD. It is necessary to aggressively drive the front of the ECD into the subject for maximum effect.
WARNING
Use care when applying a drive-stun to the neck or groin. These areas are sensitive to mechanical injury
(such as crushing to the trachea or testicles if applied forcefully). However, these areas have proven
highly effective targets. These areas should only be targeted when users are defending themselves from
violent attacks. Refer to your departments policy regarding drive-stuns in these and other sensitive
areas.
23
Chapter 4
Maintenance/Troubleshooting
Function Test
TASER recommends conducting a function test every 24 hours or prior to the start of your shift for your
individually issued X26P ECD. The function test is done to verify that the ECD's core electronics are working
properly.
There is no need to use an extended duration. As long you see a visible spark between the electrodes (2 to 3
seconds), the X26P ECD is functional.
WARNING
View the arc from the top or side of the ECD. Do not point the ECD at your face or have it near your face.
24
Each agency will establish its own procedure for probe removal, collection, biohazards, evidence collection and
maintenance. Treat probes that have penetrated the body as contaminated needles (biohazard). Remember,
however, that the probes may also be valuable evidence.
If the probes must be removed from the subject, follow all department policies and procedures, including for
handling biohazards.
Below are suggested methods for probe removal.
Grab the probe firmly and quickly pull it straight out. Do not twist the probe as the barbed tip may cause
additional injury.
If the probes are not going to be collected and maintained for evidence, carefully place used probes
sharp-tip first into a sharps container, secure in place, and place in a secure location where no one will
accidentally touch the probes.
Once the subject is restrained, prior to removing the probes, evaluate the need for medical attention as
you would with any other use-of-force incident.*
Take photos of any injuries, place the photos into evidence.*
Collect the expended cartridge, probes, and AFIDs and place them into evidence.*
* As directed by department policy. The TASER training materials provide additional information on forensic
evidence collection procedures. The probes, wires, AFIDs, and cartridge can yield important forensic evidence
if properly collected, maintained, and analyzed. Ensure that the ECD is downloaded and the downloaded logs
are collected per your agencys policy.
Effects on Animals
The M26 and X26 ECDs can be an effective option for dealing with aggressive animals and have generally been
successful in most deployments. The X26P ECD uses similar technology, but does not yet have the same service
record as the previous models.
NOTE: If a probe deployment completed circuit is initiated and maintained, the aggressive animals are usually
incapacitated/stunned momentarily in M26 and X26 deployments, but recover quickly. The vast majority of the
animals quickly left the scene and broke the wires.
If deployed on a domestic animal, consider having animal control available to restrain the animal.
25
Chapter 5
Maintenance/Troubleshooting
Police/Military K- 9 Caution
ECD operators and K-9 officers must work closely together to develop policies and procedures for deploying the
ECD when a K-9 is present. If a K-9 bites a probe or bites the suspect between the probes, the K-9 could receive
a shock. This could have a negative impact on the future duty use of the K-9.
CAUTION
Do not remove the USB cable or shift the safety switch to the up (ARMED) position during the
reprogramming cycle.
Chapter 5
Maintenance/Troubleshooting
26
Trilogy Log
Upon upload to EVIDENCE.com, the system displays the information into 3 related data logs called the Trilogy
Logs:
Event Log
Pulse Log
Engineering Log
The data set from the Trilogy Log is uploaded securely to EVIDENCE.com , where the information is encrypted,
stored securely, and organized into dashboards that allow your agency to easily monitor the usage and system
status of your entire arsenal of X26P ECDs.
Upon upload to EVIDENCE.com, the system displays the information from the Event and Pulse Logs.
Event Log
The Event Log tracks events and may help protect a user from claims of excessive use of force by providing
documentation of the time and date for each ECD deployment. The Event Log also provides agencies with a
powerful management tool to track usage patterns and help prevent misuse. You do not need to download
the X26P to EVIDENCE.com services to obtain the Event Log this can be downloaded directly to your PC using
the EVIDENCE Sync (Offline) software.
The Event Log includes the following information for the most recent 10,000+ records:
Date, time, and duration of each discharge in local time.
The beginning (safety switch up [ARMED]) and end of (safety switch down [SAFE]) of each session
Temperature and battery percentage remaining.
Record of any time changes made to the X26P ECDs memory.
X26P ECD serial number and current firmware version.
Pulse Log
The Pulse Log records any pulse activity. The records include how long the ECD was discharged, and the charge
of every pulse.
27
Chapter 5
Maintenance/Troubleshooting
Engineering Log
The Engineering Log monitors the performance of key sub-systems within the X26P ECD. It provides alerts if a
subsystem is not performing properly and if maintenance is advisable. Any internal circuitry errors that occur
inside the X26P ECD are written to this log. This information is used for diagnostics.
Time Synchronization
The ECD has a real-time clock powered by the battery pack and an internal battery as well. The ECD should keep
accurate time even when the battery pack is removed.
Every time the X26P ECD is connected to EVIDENCE.com services, the system will perform a time synchronization.
The conversion to local time, including adjustments to daylight savings time, are all computed by EVIDENCE
Sync software. There is no need to program the X26P ECD to local time or to reprogram the ECD to daylight
savings time.
NOTE: In EVIDENCE Sync Offline mode, if your computer time is incorrect, the incorrect time will be displayed
in your EVIDENCE Sync-generated report.
CAUTION
The X26P product is a sensitive piece of electronic equipment, and should be handled with care. Avoid
dropping an X26P ECD. Do not use an X26P ECD that has a cracked handle.
Check the battery pack regularly. Replace it when the battery percentage reaches 20%.
Occasionally wipe out the X26P cartridge deployment bay with a dry cloth. Multiple cartridge firings
create carbon build-up (particularly after training courses) that should be removed.
Secure the X26P ECD in a protective holster when the ECD is not in use.
Function test the ECD regularly.
Update the ECDs firmware when updated firmware is released.
Download your X26P ECD data to EVIDENCE.com services or your local PC at least once per quarter and
always before sending the ECD to TASER International.
Avoid immersing the X26P ECD in water or exposing the X26P ECD to excessive moisture or water.
See the troubleshooting guide at www.TASER.com for additional maintenance instructions.
Check expiration of TASER cartridges (5-year expiration date is listed on the base of the cartridge). Do not use
an expired TASER cartridge in the field. They should only be used for training.
Chapter 5
Maintenance/Troubleshooting
28
CAUTION
Dry the X26P ECD thoroughly (at least 24 hours). Do not use an external heat source such as a
microwave oven or hair dryer to dry the X26P ECD.
6 Point the ECD in a safe direction and away from your body and ensure that the safety switch to the down
(SAFE) position.
7 Safely reinstall the battery pack.
8 Shift the safety to the up (ARMED) position.
9 Look at the CID to ensure the X26P ECD is functioning properly and the CID is not showing any fault icons.
10 Press the trigger switch to test the functioning. See the instructions under Function Test for more
information.
Product Returns
To return a TASER product for service, first follow the procedures at www.TASER.com.
CAUTION
Always perform a complete download from the X26P ECD before returning it for RMA. Any data
information will be lost during servicing work performed by TASER.
If the TASER ECD has been exposed to bodily fluids or other bio-hazards, please contact the customer
service department at 1.800.978.2737 for specific instructions BEFORE returning the X26P ECD.
29
Chapter 5
Maintenance/Troubleshooting
Optional Accessories
EVIDENCE.com
You can upload the data from your X26P ECD to EVIDENCE.com or EVIDENCE.com Lite services. EVIDENCE.com
Lite is free and allows downloading the X26P ECD, viewing the Event and Pulse logs, and updating the ECD
software.
The full EVIDENCE.com pay service allows you to manage video records in addition to your ECD records. Visit
www.evidence.com for details.
30
The TASER CAM HD battery is rechargeable and is capable of approximately 100 5-second firings when
completely charged. Charging is accomplished through a 110-volt wall adapter through the USB cable.
The TASER CAM HD can record approximately 1 hour of video at maximum resolution before recording over
previous files (continuous loop system).
Video and audio is downloaded via a USB cable and EVIDENCE Sync software to your local computer or to
EVIDENCE.com services.
There also is an automatic shutoff (AS) version of the TASER CAM HD recorder that emits an alarm and shuts
down the energy cycle after 5 seconds, like the APPM battery pack.
Holsters
Several holsters are designed for use with the X26P ECD. Both right- and left-handed configurations are
available. Visit our website at www.TASER.com for details.
31
Chapter 6
Optional Accessories
Additional Items
Additional Information
New TASER brand products are under development. Visit our website at www.TASER.com for the latest
information.
Material Safety Data Sheets (MSDS) for lithium batteries are available by contacting TASER International.
32
Medical Research
TASER ECDs are among the most extensively studied force options. Numerous ECD-related medical and field
studies have been published. For more information go to www.TASER.com.
See the current product warnings, training materials, licensing agreements, and specification sheets for more
information about your TASER product.
Product functions and specifications may change without notice and the actual product may vary from the
illustrations in this manual.
33
Chapter 7
Additional Items
Windows is a registered trademark of Microsoft Corporation in the United States and other countries. Windows Vista is either a
trademark or registered trademark of Microsoft Corporation in the U.S. and other countries.
M26, TASER CAM HD, X2, X26, X26P, XP25, Protect Life and are trademarks of TASER International, Inc.,
and TASER and X3 are registered trademarks of TASER International, Inc., registered in the U.S. 2012 TASER International, Inc.
All rights reserved.
MMU0042 Rev: A
TASER Information
Dept.
Serial
Model
Firmware Version
Application Version
Health
Report Generated by
TOWN OF CARMEL POLICE DEPT
Name
- NY
X13000973
Badge ID
TASER X26P
Local Timezone
Rev. 04.010
Generated On
3.13.4
Good
Brown, Neil
41
Eastern Standard Time (UTC -05:00)
30 Nov 2015 18:04:47
Dates from : Sun Nov 29 22:00:00 2015 to : Mon Nov 30 23:00:00 2015
Device (X26P)
Seq #
Local Time
Event
Duration
Temp
Batt Remaining
[DD:MM:YYYY hh:mm:ss]
[Event Type]
[Seconds]
[Degrees Celcius]
[%]
2545
Armed
23
44
2546
Trigger
2547
Safe
2548
Armed
2549
Trigger
2550
Safe
2551
Armed
2552
Trigger
43
2553
Trigger
42
2554
Trigger
42
2555
Trigger
10
41
2556
Trigger
40
2557
Trigger
39
2558
Safe
52
2559
Armed
2560
Trigger
2561
Safe
69
2562
USB Connected
44
25
44
25
44
44
26
43
25
43
30
39
29
39
39
32
37
Page 1 of 17
Seq #
Local Time
Event
Duration
Temp
Batt Remaining
[DD:MM:YYYY hh:mm:ss]
[Event Type]
[Seconds]
[Degrees Celcius]
[%]
2563
Time Sync
2564
Time Sync
Page 2 of 17
Camera Information
Serial
V21000934
Model
TASER CAM HD
Firmware Version
0.30.0
Report Created
30 Nov 2015 18:04:47
Local Timezone
Eastern Standard Time (UTC -05:00)
Videos
#
Title
Local Time
Duration
[DD:MM:YYYY hh:mm:ss]
[Seconds]
X13000973-0626
66
X13000973-0625
50
X13000973-0624
X13000973-0623
X13000973-0622
X13000973-0621
X13000973-0620
X13000973-0619
X13000973-0618
10
X13000973-0617
13
11
X13000973-0616
12
X13000973-0615
13
X13000973-0614
14
X13000973-0613
15
X13000973-0612
16
X13000973-0611
17
X13000973-0610
18
X13000973-0609
19
X13000973-0608
20
X13000973-0607
21
X13000973-0606
22
X13000973-0605
23
X13000973-0604
24
X13000973-0603
25
X13000973-0602
26
X13000973-0601
27
X13000973-0600
28
X13000973-0599
29
X13000973-0598
30
X13000973-0597
31
X13000973-0596
32
X13000973-0595
12
33
X13000973-0594
34
X13000973-0593
35
X13000973-0592
36
X13000973-0591
37
X13000973-0590
38
X13000973-0589
39
X13000973-0588
40
X13000973-0587
1
Page 3 of 17
,'l~SO
L(
21B. REGISTRATION.NUMBER;
-231
!8
I \
s:anlllure
Date
1~
.
DOH-1999 (02/2003)
PHC
Accession #:
Seguin, Joseph
A03111977
(Age: 38) M
Diener:
Pathologist
Submitting Phys:
Joseph Malakian
Ashar Kunjlata M.D.
Ashar Kunjlata M.D.
Expired:
Autopsy:
Reported:
PM15-68
11/30/2015 02:40
11/30/2015 18 :40
SAMPLES OF BLOOD FROM FEMORAL VEIN ARE SUBMITIED FOR DRUG AND ALCOHOL
ANALYSIS.
.
SAMPLE OF BLOOD, URINE, VITREOUS HUMOR, STOMACH CONTENTS, PORTIONS OF LIVER AND
BRAIN ARE SAVED.
HISTOLOGY:
Seguin, Joseph
Read at PUTNAM HOSPITAL CENTER.
Tl11ue proceHed and llldeo preperad by BlaRefarence Laboratories, 431 Edward H. Ro11 Drive, Elmwood Par!<, NJ 07407.
Page 1 of4
PM15-68
Seguin, Joseph
Gross Description
EXTERNAL DESCRIPTION:
The body Is received clad in a hospital gown with the following therapeutic procedures:
I. An endotracheal tube is present In the mouth.
II. EKG patches are present over the chest and abdomen.
Ill. Defibrillator pads are present over the chest.
IV. The left wrist has a hospital identification bracelet with the deceased's name on it.
V. The left big toe has a tan colored tag with the deceased's name on it.
VI. An intravenous catheter is present on the ventral surface of the right forearm.
A coiled up taser is present in the bag which is given to Detective Sergeant Nagel.
The body is that of a white male measuring about 68 inches in height, weighing approximately 280 pounds and
appears to be the stated age of 38 years. The body is cold and has full rigidity. Non-blanching purplish-red lividity is
present on the back. The scalp hair i~ mainly brown and some grey. Hair is short in temporal and occipital region.
The facial bones are symmetrical. The eyes show equal round pupils measuring 5 mm in diameter, blue-grey Irides
and slightly congested conjunctivae without petechial hemorrhages. The nasal bones are intact on inspection' and
palpation. The nasal septum is intact. The moustache and beard are clean shaven. Some natural teeth are
present in the mouth, The external auditory canals and earlobes are unremarkable. The neck shows centrally
located trachea and Is free of trauma or deformity. The chest is well expanded and is symmetrical. The abdomen Is
moderately protuberant. The left side of the abdomen 3 inches above the umbilicus shows a puncture mark
surrounded by a red ecchymosls. The puncture mark measures less than 1/16 inch In diameter and the surrounding
ecchymosis Is 1/8 Inch In thickness. Above the left hip area In the flank is another puncture mark measuring less
than 1/16 inch In diameter. The external genitalia are those of and adult male. The foreskin is short. Both upper as
well as lower extremities are free of deformity. The fingernails are cyanotic. The dorsum of the left Index finger
below the nall shows a rec! abrasion measuring 1/8 Inch In greatest dimension. The anterior aspect of the right upper
arm in its midportlon shows a blue-purple ecchymosis measuring 2 x 1 Inch. The left flank has a 1/4 Inch
hyperpigmented hyperkeratotlc skin lesion. The back shows normal curvature and is free of trauma or deformity.
PRIMARY INCISION:
The body is opened by the usual Y-shaped, thoracoabdominal incision. The abdominal pannus measures up to 2 3/4
inches in thickness. The pleural cavities, pericardia! sac and peritoneal cavity are free of excess fluid or adhesions.
All the abdominal viscera are in their usual anatomical site. The vermiform appendix Is present.
The soft tissues and muscles of sides and the back of the chest are reflected through the same Incision and they fail
to reveal hemorrhage. Multiple Incisions are placed on the inner aspect of the anterior abdominal wall and no
hemorrhage is seen.
A Y-shaped incision is placed on the back and is forked over both buttocks. There Is no hemorrhage In the soft
tissues or muscles of the back except at the back of the left shoulder where there is 1 inch hemorrhage In the
underlying muscle.
CENTRAL NERVOUS SYSTEM:
The scalp is reflected by the usual intermastold coronal incision. The soft tissues of scalp are unremarkable. The
underlying skull bones and dura are Intact. The brain weighs 1,450 grams. The leptomenlnges are thin and
transparent. There Is no evidence of epidural, subdural or subarachnoid hemorrhage. The sulcl and gyri are
unremarkable. The grey and white matter Is well delineated. No lesions are seen within the brain parenchyma.
The cerebellum, midbraln, pons and medulla are unremarkable. The blood vessels at the base of the brain are
thin-walled and widely patent.
The soft tissues and muscles of the back of the neck in upper cervical region are reflected through the same incision
and they fail to reveal hemorrhage. The tectorial membrane is incised and no hemorrhage Is seen in the ligaments.
There is no hemorrhage in the anterior paraspinal muscles. The cervical spine is intact on inspection and palpation.
Page 2of 4
Seguin, Joseph
Read at PUTNAM HOSPITAL CENTER
Tiuue proceued and alldea prepared by BloRaference Laboratories, 4181 Edward H. Roes Drive, Elmwood Park, NJ 074107.
PM15-68
Seguin, Joseph
CARDIOVASCULAR SYSTEM:
The heart weighs 510 grams. The epicardium contains the usual amount of adipose tissue. There is no dilatation of
chambers. The valves are soft and pliable. The chordae tendinea are unremarkable. The papillary muscles are
hypertrophic. The measurements of the valvular circumferences are as follows: tricuspid - 12 cm, pulmonic - 9 cm,
mitral -10 cm and aortic - 8 cm. The endocardium is smooth and glistening. The myocardium is brown and meaty.
The right ventricle is 0.5 cm in thickness while the left ventricle is 1.6 cm in thickness. The coronary ostia are widely
patent. The coronary arteries are normal in distribution, are thin-walled and widely patent. The aorta and its major
branches reveal a few yellow streaks on the intimal surface. The inferior vena cava is unremarkable.
NECK ORGANS:
The hyoid bone and thyroid cartilages are intact. The strap muscles are free of hemorrhage. The thyroid is of usual
adult size and has brown, colloidal parenchyma. The laryngeal and tracheal mucosa is unremarkable. No foreign
material is present in their lumina.
RESPIRATORY SYSTEM:
Ttie right lung weighs 910 grams while lhe left lung weighs 810 grams. The visceral pleura is smooth and glistening.
The lung parenchyma is red, soft and oozes frothy fluid on cut surface. The bronchi and pulmonary arteries are
patent.
GASTROINTESTINAL SYSTEM:
The esophagus is lined by Intact mucosa. The stomach contains about 100 cc of dark brown liquid. No food
particles are present. The gastric mucosa is intact and shows the usual rugal pattern. The duodenum is free of
ulceration. The jejunum, ileum and large intestines are unremarkable. The vermiform appendix is present.
HEPATOBILIARY SYSTEM:
The liver weighs 2,750 grams: Its capsule is smooth and glistening. The free edges are blunted. The cut surface
shows preserved lobular architecture, is brown and is of usual consistency. The gallbladder contains about 30 cc of
bile. The gallbladder mucosa is green and velvety.
SPLEEN:
The spleen weighs 220 grams. Its capsule Is smooth and glistening. The cut surface Is dark purplish-red and shows
the usual trabecular and follicular pattern.
PANCREAS:
The pancreas lies in the usual anatomical site, is of usual adult size and has tan, lobular parenchyma.
ADRENALS:
The adrenats lie in their usual anatomical site, are of usual adult size and have golden yellow cortices and brown
medullae.
GENITOURINARY SYSTEM:
Each kidney weighs 200 grams. Their capsules strip with ease. The cortical surfaces are smooth. The
corticomedullary junction is well delineated. The calyces, pelves and ureters are patent. The urinary bladder
contains about 200 cc of clear, yellow urine. The urinary bladder mucosa is unremarkable. The prostate is of usual
adult size and is grossly unremarkable. The testes are descended in scrotum. Their cut surfaces are tan. The
seminiferous tubules can be strung out with ease.
MUSCULOSKELETAL SYSTEM:
The muscles are well developed. No fractures are noted on inspection and palpation.
LYMPHATIC SYSTEM:
There is no evidence of lymphadenopathy.
Joseph Malaklan
Page 3 of4
Seguin, Joseph
Read at PUTNAM HOSPITAL CENTER.
TI1aue processed and aUdea prepared by BloRelarenca Laboratories, 481 EdWard H. Roaa Drive, Elmwood Park, NJ 07407.
02/11/201614:29 Printed
I'
PM15-68
Seguin, Joseph
SNOMED Code(s)
1: M36100 (Congestion, nos), M36500 (Edema, nos), M71000 (Hypertrophy, nos), T28000 (Lung, nos), T32000
(Heart, nos), TY4100 (Abdomen, nos)
~.: E5512 (Ethyl alcohol), E7000 (Drug, nos), TOXOOO (Blood, nos), T49410 (Femoral vein, nos), T56000 (Liver, nos),
T63000 (Stomach, nos), T7X100 (Urine), TX2000 (Brain, nos), TXXOOO (Eye, nos)
5: F70340 (Cardiac arrest), FY1800 (Death, nos)
TOXICOLOGY:
SAMPLES OF BLOOD FROM FEMORAL VEIN ARE SUBMIITED FOR DRUG AND ALCOHOL ANALYSIS.
SAMPLE OF BLOOD, URINE, VITREOUS HUMOR, STOMACH CONTENTS, PORTIONS OF LIVER AND BRAIN
ARE SAVED.
HISTOLOGY:
THE TISSUES ARE SAVED.
PHOTOGRAPHS:
PHOTOGRAPHS ARE TAKEN BY DETECTIVE SERGEANT NAGEL.
CAUSE OF DEATH:
Seguin, Joseph
02/11/201614:29 Printed
Page 4 of 4
-~
NMS
LABS
Toxicology Report
Report Issued
To:
CONFIDENTIAL
NMS Labs
SEGUIN, JOSEPH
PME15-68
11891274
DOB
Male
Patient Name
Patient ID
Chain
Age 38Y
Gender
Workorder
12/15/2015 08:59
10001
Putnam County Coroner's Office
Attn:Dr. Michael J. Nesheiwat
112 Old Route 6
Carmel, NY 10512
153b21f1&
Page 1 of6
Positive Findings:
Compound
&l&u..11
.u.n.im
Mlt[il Sgy[~I
Naloxone
Nicotine
Phencyclldine
Buprenorphlne - Free
Norbuprenorphlne - Free
Amphetamine
Chlorpromazine
Fluoxetlne
Norfluoxetine
Positive
Positive
350
3.4
5.4
150
42
1600
1000
ng/ml
ng/ml
ng/ml
ng/ml
nglml
ng/ml
ng/ml
ng/ml
nglml
001
001
001
001
001
001
001
001
001
- Peripheral Blood
- Peripheral Blood
- Peripheral Blood
- Peripheral Blood
- Peripheral Blood
- Peripheral Blood
- Peripheral Blood
- Peripheral Blood
- Peripheral Blood
Testing Requested:
Analysis Code
Description
8052B
Specimens Received:
ID
Tube/Container
Volume/
Mass
Collection
Date/Time
Matrix Source
001
002
003
004
Gray Vial
Gray Vial
Red Vial
Red Vial
4.75 ml
4.4ml
8.75 ml
8.25 ml
11/30/2015 19:00
11/30/2015 19:00
11/30/2015 19:00
11/30/2015 19:00
Peripheral
Peripheral
Peripheral
Peripheral
Miscellaneous
Information
Blood
Blood
Blood
Blood
v.16
MS
CONFIDENTIAL
Workorder
Chain
Patient ID
15362418
11891274
PME 15-68
LABS
Page 2 of6
Detailed Findings:
Analysis and Comments
Result
Units
Rpl
Limit
Specimen Source
Analysis By
Naloxone
Positive
ng/ml
1.0
LCfTOF-MS
Nicotine
Positive
nglml
100
LCfTOF-MS
Phencyclidine
350
ng/ml
5.0
LC-MSIMS
Buprenorphine - Free
3.4
ng/ml
0.50
LC-MS/MS
Norbuprenorphine - Free
5.4
ng/ml
0.50
LC-MSIMS
Amphetamine
150
ng/ml
5.0
LC-MSIMS
Chlorpromazine
42
ng/ml
20
GC
Fluoxetine
1600
ng/ml
20
GC
Norfluoxetine
1000
ng/ml
20
GC
Other than the above findings, examination of the speclmen(s) submitted did not reveal any positive findings of
toxicological significance by procedures outlined In the accompanying Analysis Summary.
Reference Comments:
1.
2.
v.16
NMS
CONFIDENTIAL
Workorder
Chain
Patient ID
15362418
11891274
PME 15-68
LABS
Page 3 of6
Reference Comments:
3.
4.
Toxic symptoms of chlorpromazine are manifest at levels in excess of 500 ng/ml. Deaths due to excessive
concentrations of the substance are rare but do occur at concentrations in excess of 2000 ng/ml. A syndrome
known as 'phenothiazine sudden death' has been seen in subjects receiving large daily doses of the
medication.
Fluoxetine (Prozac) - Peripheral Blood:
Fluoxetine is a chemically-atypical antidepressant used to help control major depressive disorders.
Norfluoxetine, the major metabolite of fluoxetine, is also active pharmacologically. Recommended daily doses
range between 20 to 80 mg.
Following a single 40 mg dose, reported peak plasma levels were between 20 - 60 ng/ml after 6 to 8 hr.
Chronic daily doses of 40 mg for 1 month produced reported plasma concentrations ranging from 90 - 300
ng/ml for fluoxetine and 70 - 300 ng/ml for norfluoxetine. There is, however, no clear relationship between
plasma concentrations of fluoxetine and/or norfluoxetine and efficacy.
5.
Toxicity with fluoxetine is not routinely observed at pre-mortem combined concentrations of fluoxetine and
norfluoxetine below 2000 ng/ml. Concentrations much greater than 2000 ng/ml are not necessarily fatal.
There have been reports of survived overdose involving fluoxetine with combined blood or plasma
concentrations of parent compound and metabolite over 4000 ng/ml. In deaths attributable to fluoxetine
overdose, reported blood or plasma combined concentrations range from 2000-11000 ng/ml.
Naloxone (Narcan) - Peripheral Blood:
Naloxone is a narcotic antagonist used to counter the central nervous system depression effects of opioids,
including respiratory depression. It is also used for the diagnosis of suspected acute opioid overdosage.
Naloxone is available as a 0.4 mg/ml solution of the hydrochloride for parenteral injection.
Naloxone is also available in combination with buprenorphine (Suboxone) for the treatment of opioid
dependence. This combination is available in tablets of2 mg buprenorphine with 0.5 mg naloxone or 8 mg
buprenorphine with 2 mg of naloxone for sublingual administration.
6.
The reported qualitative result for this substance was based upon a single analysis only. If confirmation testing
is required please contact the laboratory.
Nicotine - Peripheral Blood:
Nicotine is a potent alkaloid found in tobacco leaves at about 2 - 8% by weight. It is also reportedly found in
various fruits, vegetables and tubers, e.g., tomatoes and potatoes, but at a smaller per weight fraction. As a
natural constituent of tobacco, nicotine is found in all commonly used smoking or chewing tobacco products. It
is also in smoking cessation products. Nicotine has been used as a pesticide, although not as widely since the
advent of more effective agents.
Nicotine is extensively metabolized, the primary reported metabolite is the oxidative product cotinine. Many
factors influence the levels found in an individual, including: frequency of use; amount of nicotine exposed to;
route of administration; etc.
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11891274
PME15-68
LA BS
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Reference Comments:
Toxic effects of nicotine overdose include nausea, vomiting, dizziness, sweating, miosis, EEG and ECG
changes, tachycardia, hypertension, respiratory failure, seizures and death. Death from nicotine exposure
usually results from either a block of neuromuscular transmission in respiratory muscles or from seizures.
Anabasine is a natural product occurring in tobacco, but not in pharmaceutical nicotine. A separate test for
anabasine in urine can be used to distinguish tobacco from pharmaceutical nicotine use.
7.
The reported qualitative result for this substance was based upon a single analysis 'only. If confirmation testing
is required please contact the laboratory.
Norbuprenorphine - Free (Buprenorphine Metabolite) - Peripheral Blood:
Buprenorphine is a Schedule Ill controlled synthetic opioid that has both analgesic and opioid antagonist
effects. Clinically it is used for pain treatment and as a pharmacotherapy for opioid dependence. Because
buprenorphine has mixed agonist-antagonist activity, there is a ceiling to the subjective and adverse effects of
the drug. BuprElflorphine is metabolized in the liver by N-dealkylation to inactive norbuprenorphine and both
buprenorphine and norbuprenorphine undergo glucuronide conjugation.
Sublingual tablets are commonly prescribed as a combination of buprenorphine and naloxone to discourage
intravenous administration. Typical doses are 12 to 16 mg buprenorphine per day, although higher doses can
be prescribed. Maximum plasma buprenorphine concentrations in patients maintained on varying
buprenorphine doses were:
2 mg/day: 0.3 +/- 0.1 ng/ml
16 mg/day: 6.3 +/- 0.9 ng/ml
32 mg/day: 13 +/- 4.2 ng/ml
8.
Symptoms of overdose include confusion, dizziness, respiratory depression and lethargy. While buprenorphine
is well tolerated, even at high doses, fatal interactions with benzodiazepines have been reported. In 20
fatalities where buprenorphine was detected, blood concentrations were 1.1 - 29 ng/ml (mean=8.4 ng/ml).
Other drugs were present in 19 cases, 18 of which were positive for benzodiazepines, primarily nordiazepam.
The blood to plasma ratio of buprenorphine is approximately 1.0 - 1.4.
Norfluoxetine (Fluoxetine Metabolite) - Peripheral Blood:
9.
Daily therapy with 40 mg fluoxetine/day: Steady-state concentration at 4 to 8 hr after dosing ranges from 72 258 ng/ml serum.
Phencyclidine (Angel Dust; PCP; Sherm) - Peripheral Blood:
Phencyclidine (PCP) is a DEA Schedule II controlled dangerous hallucinogenic drug. There exists a dearth of
pharmacokinetic data of PCP usage in humans; however, it has been reported that blood levels of
phencyclidine ranged from 7 - 240 ng/ml (mean, 75 ng/ml) in individuals stopped for driving under the
influence of drugs or for being intoxicated in public.
Ataxia, agitation, combativeness, seizures, spasticity, coma and respiratory depression are associated with
phencyclidine concentrations ranging from 90 - 220 ng/ml plasma.
The physiological effects of PCP can be classified as low or high dose. In low doses, PCP can elicit visual
disturbances, drowsiness, agitation, hallucinations, aggressiveness, increased pulse rate and blood pressure,
bronchospasm, increased respiratory rate and hyperthermia. In high doses, PCP can elicit convulsions,
opisthotonos, coma, arrhythmias, decreased blood pressure and respirations and rhabdomyolysis.
There appears to be no relation between plasma levels of phencyclidine and degree of intoxication. Even so,
death has been reported following the use of only 120 mg of phencyclidine. Blood concentrations in
phencyclidine-related fatalities have been reported to range from 300- 25000 ng/ml (mean, 5000 ng/ml).
Unless alternate arrangements are made by you, the remainder of the submitted specimens will be discarded six (6)
months from the date of this report; and generated data will be discarded five (5) years from the date the analyses were
performed.
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11891274
PME15-68
ABS
Page 5 of6
.J~;J~
Susan Crookham,
Certifying Scientist
Rpt Limit
Compound
Rpt Limit
Phencyclidine
5.0 ng/mL
Acode 52407B - Synthetic Opioids - Free (Unconjugated) Confirmation, Blood (Forensic) - Peripheral Blood
-Analysis by High Performance Liquid Chromatography/
TandemMass Spectrometry (LC-MS/MS) for:
Compound
Rpt Limit
Compound
Buprenorphine - Free
0.50 ng/mL
Nalbuphine - Free
Butorphanol - Free
0.50 ng/mL
Norbuprenorphine - Free
Acode 52409B -Amphetamines Confirmation, Blood (Forensic) - Peripheral Blood
Bpt Limit
0.50 ng/mL
0.50 ng/mL
Rpt Limit
Compound
Phendimetrazine
Amphetamine
5.0 ng/mL
Phenmetrazine
Ephedrine
5.0 ng/mL
Phentermine
MDA
5.0 ng/ml
Phenylpropanolamine
MDEA
10 ng/ml
Pseudoephedrine
Methamphetamine
5.0 ng/ml
Norpseudoephedrine
5.0 ng/ml
Acode 52450B - GC Confirmation Set 1, Blood (Forensic) - Peripheral Blood
Rpt Limit
10 ng/mL
5.0 ng/mL
10 ng/mL
5.0 ng/mL
5.0 ng/mL
Rpt Limit
Compoynd
Rpt Limit
Amitriptyline
Amoxapine
Brompheniramine
Chlorpromazine
Clomipramine
Desmethylclomipramine
Desmethyldoxepin
Doxepin
Doxylamine
20 ng/ml
20 ng/mL
40 ng/ml
20 ng/mL
20 ng/mL
20 ng/mL
20 ng/mL
20 ng/mL
100 ng/mL
Fluoxetine
Maprotiline
Mirtazapine
Norfluoxetine
Nortriptyline
Pentazocine
Pheniramine
Trazodone
Verapamil
20 ng/ml
20 ng/ml
10 ng/ml
20 ng/mL
20 ng/ml
20 ng/mL
40 ng/mL
0.20 mcg/ml
20 ng/mL
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11891274
PME15-68
LABS
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Rpt Limit
Compound
Rpt Limit
Barbiturates
Cannabinoids
0.040 mcg/ml
10 ng/ml
Salicylates
120 mcg/mL
Rpt Limit
Compound
Rpt Limit
Acetone
Ethanol
5.0 mg/dl
10 mg/dl
lsopropanol
Methanol
5.0 mg/dl
5.0 mg/dL
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