Court: No error in Taser case
Print
Share
Email to a friend
Add This
Article RatingImages
Carlisle Police Sgt. Mike Dzezinski fires a Taser in a demonstration last year. Michael Bupp/The Sentinel
A federal court ruled that Carlisle police did no wrong in a June 2003 incident in which a West Pennsboro Township diabetic man suffering a hypoglycemic attack was shocked with a Taser stun gun.
U.S. District Judge John E. Jones III granted the borough's motion for a summary judgment on May 19 -- effectively terminating the lawsuit for lack of merit.
"We're pleased with the judge's decision," Police Chief Stephen Margeson said Friday. "We believe it supports our original contention that the officers acted properly."
Thomas Gruver, then 53, told The Sentinel last year that he was driving home from work on June 17, 2003, when his extremely low blood sugar put him into a diabetic shock. The signs are identical to intoxication -- glassy eyes, disorientation and lack of balance.
Drove past house
Gruver absently drove past his home and parked at the nearby Sheetz on Ritner Highway. Police arrived minutes later when a caller reported the diabetic's shaky driving.
Officer Brent Greist suspected Gruver had been drinking or taking drugs. According to court documents, Gruver was incoherent and could not produce identification for Greist. Gruver began walking away toward the store and the officer attempted to subdue him.
According to court documents, Gruver did not respond to vocal commands and physically resisted Greist's attempts to pull him back. Greist knocked Gruver to the ground and pinned him with his own body before calling for assistance.
Officers Alan R. Mace and Patrick O'Leary responded and completed handcuffing Gruver. A 14-year diabetic, Gruver continued to resist and Mace shocked him three times with a Taser gun.
Just purchased Tasers
The police department had purchased its first Tasers just months earlier. The stun guns deliver a 50,000-volt electrical jolt either through a fired dart or held against the suspect close-range, causing muscles to go limp.
During his deposition, Mace testified the three Taser shocks were no more than the five seconds recommended by the manufacturer.
After Gruver was subdued and secured in the police car, officers noticed a medical alert tag on a necklace he was wearing and realized he was a diabetic. They retrieved water and sugar from the store and gave them to Gruver, who recovered almost instantly.
Gruver was transported to Carlisle Regional Medical Center, where he was treated and released.
Mayor: Saved his life
"From my perspective, the police officers who were accused ... should have been credited with saving Mr. Gruver's life," said Mayor Kirk Wilson. "They did what they were trained to do."
In the months that followed, Gruver attempted to view a police video recording of the incident, but was denied. Wilson said the auto body mechanic always denied he planned to sue the borough.
Gruver did not return a phone call seeking comment.
The West Pennsboro man filed his lawsuit on June 16, 2005. After depositions were taken, the borough countered with its request for a summary judgment on March 1 of this year.
"It's a shame when lawsuits are filed in cases such as this," Wilson said.
