Wauwatosa police officer's taser use 'reasonable,' DA rules

Tosa officer's taser use 'reasonable,' DA rules

A Wauwatosa police officer was "reasonable and not excessive" when he tased a man during a May incident at Pinelawn Memorial Park, the DA's office said.

WAUWATOSA, Wis. - The Milwaukee County District Attorney's Office determined a Wauwatosa police officer was "imminently reasonable and not excessive" when he tased a man during a May incident at Pinelawn Memorial Park.

The entire police response was captured on body-worn camera footage. The district attorney concluded the man "clearly" tried to punch an officer before he was tased.

WARNING: Video from the incident, posted on the City of Wauwatosa Vimeo channel, may be disturbing to some viewers. Discretion is advised.

It happened the night of May 22. According to the district attorney's office, police were called to the cemetery for an argument among family members that took place during a "celebration of life."

The Wauwatosa Fire Department was first called to the scene for a 61-year-old man who was having a medical issue. When they arrived, the group was arguing and "appeared to be intoxicated." Police were then called.

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An officer approached the group, including the man who was ultimately tased. That man was argumentative and confrontational with police, the district attorney's office wrote.

The officer grabbed the man's arm in an apparent effort to control him, the district attorney's office write, but the man grabbed at the officer's vest and "swung at the officer" – striking him in the head. Another officer then tased the man. The officer who was hit then put the man's arms behind his back until another officer arrived to place him in handcuffs.

Scene at Pinelawn Memorial Park

After he was tased, the district attorney's office said the man was on his stomach for approximately 90 seconds and could be heard breathing. After he was moved into a seated position, officers discovered he was unresponsive. The officers then alerted fire department personnel, who were still at the scene.

First responders tended to the man and administered CPR; he had ultimately stopped breathing. He was taken to the hospital with no injuries other than broken ribs, which were the result of CPR. The district attorney's office said the man remains non-responsive as of Aug. 28.

"This is not the result that anyone desires in situations like this," said Wauwatosa Police Chief James MacGillis. "I must emphasize, the subject dictated our actions."

The Milwaukee Area Investigative Team, with the Waukesha Police Department as the lead agency, conducted the investigation. Three officers were placed on administrative leave, per department policy.