Police Tasered a 38-year-old man with mental health problems at least four times after he was placed in handcuffs on Valentine\u2019s Day.<\/p>\n
Shane French, 38, faces four counts of felony assault, five counts of resisting arrest and two counts for a crime of violence in connection to an incident that occurred at his North Texas Street home on Feb. 14. French allegedly stabbed Cortez Police Department officer Casey Eubanks once on his left side.<\/p>\n
Citing Colorado\u2019s Make My Day law, his public defense team claimed the charges should be dismissed at a motion\u2019s hearing on Friday, Oct. 17. They argued that French simply tried to defend both he and his family after three police officers \u201crushed\u201d inside the home uninvited, assaulted his at-risk blind father and caused property damage to the door frame all while responding to a \u201cpossible disturbance call.\u201d<\/p>\n
\u201cPhysical force was used by all three officers against everyone in the house that night,\u201d argued public defender Amy R. Smith in closing statements. \u201cPersonally, I\u2019m appalled how the officers responded.\u201d<\/p>\n
During last week\u2019s seven-hour proceeding, public defenders elicited facts and disputed details from a total of five witnesses, including Eubanks and the defendant\u2019s mother, Patty French.<\/p>\n
\u201cI vaguely remember that night,\u201d Eubanks responded when asked if he recognized a photo of the residence.<\/p>\n
Under direct examination by Smith for about an hour, Eubanks did recall that he neither asked for permission to enter the home, nor asked the defendant\u2019s parents how he could assist. Instead, he testified that he wrestled the defendant to the ground in a matter of seconds upon entry into the home.<\/p>\n
\u201cWe hit chest to chest,\u201d Eubanks told Smith. \u201cI grabbed him in a bear hug, lifted him off his feet and took him to the ground.\u201d<\/p>\n
Another officer testified that\u2019s when he used a stun gun to electrocute the defendant twice as a third officer placed the defendant in handcuffs. The Taser-wielding officer testified the defendant was electrocuted four additional times outside the residence as officers searched the suspect prior to placing him into a patrol car.<\/p>\n
Armed with a lapel-mounted camera, Eubanks captured a 10-minute recording of the suspect\u2019s apprehension. The video, played in open court, revealed muffled moans of agony from French and an unknown officer repeatedly threatening to \u201ckick\u201d the suspect again.<\/p>\n
\u201cI should have (expletive) shot that (expletive),\u201d Eubanks said as the video ended.<\/p>\n
A 911 call from Patty French, also played in open court, revealed that she told dispatchers on the night in question that her son was \u201cout of control.\u201d She testified Friday she wanted police to help calm her son \u2014 diagnosed with Post Traumatic Stress Disorder and bi-polar disorder \u2014 like they had previously done when responding to similar emergency calls to her home.<\/p>\n
\u201cWe wanted a mental health hold,\u201d she said on direct examination. \u201cWe didn\u2019t want an altercation with officers.\u201d<\/p>\n
District Attorney Will Furse said the charges shouldn\u2019t be dismissed under the Make My Day statute, citing the defendant\u2019s mother called 911 and then opened the door so officers could enter. He said Eubanks was there to simply offer assistance.<\/p>\n
\u201cThe defense did not prove that the police entered unlawfully,\u201d Furse argued.<\/p>\n
District Court Judge Todd Plewe agreed with prosecutors, and ruled the case would not be dismissed under the Make My Day law. He added the argument could be presented at trial for jurors to consider.<\/p>\n
Court records reveal Eubanks suffered a single small stab wound to his left side. Police confiscated a six-inch serrated knife and a three-and-quarter-inch paring knife from the scene.<\/p>\n
According to Furse, the defendant previously rejected a plea deal that would have included a 12-year prison sentence.<\/p>\n
Other motions will be heard in the case later this week.<\/p>\n