Two Colorado Springs cops deployed their tasers eight times within 90 seconds while arresting a Black man who had nothing to do with the alleged disturbance they were responding to inside an apartment in 2018, resulting in Jeffrey Melvin’s death.
“You’re killing me,” cried the 27-year-old man as the cops were arresting him. “You’re honestly killing me. I can’t breathe.”
On Tuesday, Melvin’s family were granted a $3.2 million settlement by the city of Colorado Springs which was listed as a defendant in the lawsuit, according to KKTV.
However, the cops that deployed the Tasers who were also initially listed as defendants were spared from legal liability because they were granted qualified immunity by an appellate court in 2023 on the basis there was no “clearly established” law limiting the amount of times they were allowed to taser and torture suspects.
That is why Colorado Springs Police Chief Adrian Vasquez issued a press release to local media denouncing the settlement, accusing the law firm representing Melvin’s family of putting “out a press release providing grossly inaccurate information regarding the settlement.”
It is not clear what press release the chief was referring to because there is no mention of any press release from the Killmer Lane law firm in any of the local news articles or on the law firm’s website or its social media channels.
And the law firm has not yet responded to an inquiry from Atlanta Black Star about the press release that irked the police chief where he had to issue his own press release stating the following.
I find it highly inappropriate and concerning that Kilmer Lane LLC are attempting to capitalize on this settlement in the manner they’ve chosen.
When our officers responded to the disturbance call for service that led them to contact Mr. Melvin, they hoped only to resolve the situation peacefully. Under the law and based on the officers’ training, they acted justifiably to detain Mr. Melvin, and we stand behind our officers and their actions.
Perhaps Chief Vasquez took offense over the following statement from Melvin’s sister, Tanesha Melvin, that was provided to the media by the law firm saying the cops who killed her brother were “held accountable” by the settlement.
“We pray that this settlement creates changes in policing, and teaches that when officers use excessive force, they will be held accountable so that other families do not have their families ripped away from them like Jeff was from us.”
Or maybe the chief was upset over the following statement attorney David Killer provided to media predicting these needless deaths will continue if the local police department do not adequately train their officers.
If they continue to do things the way they’ve been doing them, and they can’t reflect upon their training practices and their policies and their policing of the community, then of course, it’s going to continue to happen.
Watch the video below.
‘You’re Going to Get Hurt’
The incident took place on April 26, 2019, after Colorado Springs police officers Daniel Patterson and Joshua Archer responded to an apartment complex over a disturbance call, encountering a man, a woman and a 16-year-old girl.
The man told the cops that he had gotten in a fight with his “homeboys” but had already kicked them out, according to KRDO-TV.
Patterson took the 16-year-old girl outside the apartment to speak with her while Archer remained inside speaking to the man and woman. The girl called her uncle to come pick her up and re-entered the apartment, leaving Patterson standing outside.
Meanwhile, Melvin came walking up to enter the apartment, encountering Patterson standing outside who asked if he was going to enter the apartment.
Patterson’s body camera was turned off but he claimed that Melvin told him he was not going to enter the apartment before brushing past him and entering the apartment, shutting the door behind him, not realizing another cop was inside.
Patterson opened the door and called out “Josh” to his partner, prompting Melvin to ask who was Josh. Patterson then ordered him to place his hands behind his back.
Melvin began resisting and a struggle ensued, but the appellate briefing states that “the Officers concede that Mr. Melvin ‘did not initiate any physical contact; he never attempted to hit, kick, bite, or spit at the Officers; and he never threatened anyone.’”
Nevertheless, Patterson told him, “You’re going to get hurt if you don’t stop.”
The Appellate Ruling
This is how it all played out, according to the appellate briefing that granted the officers qualified immunity:
After struggling physically with Mr. Melvin for approximately one minute, Officer Patterson directed Officer Archer to use his Taser on Mr. Melvin. Officer Archer deployed the first Taser cartridge at Mr. Melvin for five seconds and then, five seconds later, deployed a second Taser cartridge for five seconds. Mr. Melvin cried out in pain both times.
After the second Taser deployment, Mr. Melvin told the Officers he had asthma. Twenty seconds after the first two cartridges were deployed, while Officer Patterson was holding Mr. Melvin’s arms behind his back, Officer Archer tased Mr. Melvin a third time for five seconds. Mr. Melvin again reacted in pain.
Twelve seconds after the third deployment, while Officer Patterson was holding Mr. Melvin’s hands behind his back with one arm and had his second arm around Mr. Melvin’s neck, Officer Archer deployed the Taser for a fourth five-second cycle.
Eleven seconds after the fourth deployment, Officer Archer tased Mr. Melvin a fifth time while Officer Patterson continued to hold Mr. Melvin and struggle with him on the ground. Less than fifteen seconds after Officer Archer deployed his fifth and final Taser cartridge, Officer Patterson pushed Mr. Melvin away and deployed his OC spray in Mr. Melvin’s face. Mr. Melvin began to flee the apartment.
The body-worn camera footage shows that Officer Patterson yelled “Stop or you’re getting tased.” Archer BWC at 21:18–19. Officer Patterson then deployed his first Taser cartridge at Mr. Melvin, before immediately deploying a second cartridge. The effect of the Taser caused Mr. Melvin to fall to the ground where he laid incapacitated for approximately five seconds.
Mr. Melvin then stood, batted away the Taser wires, and ran out of the building. The Officers chased Mr. Melvin for approximately thirty-five seconds before he collapsed outside the building with one arm underneath his body. The Officers continued to attempt to handcuff Mr. Melvin. Officer Patterson struck Mr. Melvin in the abdominal area twice to force Mr. Melvin to put his hands behind his back. Mr. Melvin said things like “You’re killing me. You’re honestly killing me”; “I can’t breathe”; “You’ve gotta get off. You’ve gotta get off”; and “I’ve honestly got asthma.”
Melvin was charged with resisting arrest and obstructing and transported to a hospital where he died less than a week later.
At no point during the struggle did the officers inform him why they were trying to arrest him but the appellate court ruled that he should have complied anyway which is why they granted the cops qualified immunity.
Mr. Melvin was not subdued, he was informed that he was being detained, and he was instructed to stop resisting. As a result, the Estate has failed to demonstrate that the Officers’ conduct violated Mr. Melvin’s clearly established rights.
But Killmer, the attorney, still viewed the settlement as a victory.
“Seven years is a painfully long time to wait for justice in the wake of such a tragedy,” he told KKTV.
“The Melvin family has bravely fought this fight; it has been my firm’s privilege to represent them. This settlement will provide opportunities for Jeff Melvin’s kids in honor of their father’s memory.”
Great Job Carlos Miller & the Team @ Atlanta Black Star Source link for sharing this story.
