BajaNomad

Lawsuit filed in fiery Taser-related death

Gypsy Jan - 6-19-2013 at 10:33 AM

From The San Diego Union Tribune

By Greg Moran

SAN DIEGO - "The family of a 25-year-old Texas man who died in a fiery explosion more than a year ago after the car he was driving was stopped by the Border Patrol near Pine Valley has filed a wrongful-death lawsuit against the government.

The lawsuit filed Friday in San Diego federal court blames the government for Alex Martin's death the night of March 15, 2012.

An unknown number of Border Patrol agents had tried to stop Martin after he was spotted driving the wrong way on Interstate 8 near Buckman Springs Road.

Agents used a spike strip to deflate the tires on his rental car when Martin exited near Old Highway 80. His car came to a stop. An unidentified agent then fired a Taser dart into the vehicle, which exploded in flames.

Martin died in the fire. Why a Taser was fired has not been revealed. The Border Patrol said in a statement shortly after Martin's death that he had not obeyed commands to leave the car.

The lawsuit, filed by San Diego attorney Eugene Iredale on behalf of Martin's parents, Karen and Craig, said the makers of the Taser say it should not be used where flammable gases or fumes could be present.

The suit said the spike strip or the rough terrain where the car came to a stop off the side of the road could have led to the release of flammable materials from a gas tank line rupturing.

"The Taser manufacturer is very, very clear," Iredale said in an interview Monday. "In an area where there are or could be fumes or flammable liquids, you don't use it."

The Sheriff's Department has been investigating Martin's death for more than a year. A spokesman said last month that laboratory analysis of some materials taken from the car concluded there was nothing flammable on them, and the investigation is continuing.

The county medical examiner's report on the death is sealed.

The Border Patrol also has not identified any of the agents involved nor provided more information on the event, referring all questions to the Sheriff's Department.

A U.S. Department of Justice spokesman said Monday the suit had not been served and declined to comment on the allegations."

durrelllrobert - 6-19-2013 at 11:02 AM

" A spokesman said last month that laboratory analysis of some materials taken from the car concluded there was nothing flammable on them"
Duh, everything was burned in the explosion that killed him.
"An unidentified agent then fired a Taser dart into the vehicle, which exploded in flames."

Ateo - 6-19-2013 at 11:05 AM

Can't wait to hear what Mr. Bill M has to say about this.

For those who just can't wait .................

MrBillM - 6-19-2013 at 08:13 PM

Like Ateo.

I SAY .............

Who Cares ?

Other than the family and those involved, of course.

It sounds like a rare anomaly.

I'm unaware of any other offenders turned to Crispy-Critters by L.E. Tasers.

Whatever facts there are will come out in the course of the investigation and litigation. A decision will be rendered. A Pot-Of-Gold will be realized.

Or NOT.

Such is life and the (Darwinian) termination thereof for the Doltish.

They say we should "Walk (or Drive ?) in the Shoes of Others" but, I can't envision being THAT Stupid so empathy is unwarranted, IMHO.

NOW, those who care KNOW what I have to say.

And, So What ?

DaliDali - 6-19-2013 at 08:52 PM

If you run from an officer on foot or a motorized vehicle.....then fail to yield and STOP your running......fail to follow orders....in the dark..in the middle of nowhere...your life expectancy greatly diminishes.

This particular man found this out the hard way.
"I fought the law and the law won"