THE FRESNO BEE

Officer Makes Fatal Error, Shoots Suspect
October 29, 2002
By LISA ALEMAN-PADILLA

MADERA -- A Madera police officer reaching for a Taser mistakenly grabbed a handgun and fired a fatal shot into the chest of a handcuffed 24-year-old man while quelling a party late Sunday.

Everardo Torres of Madera died at University Medical Center in Fresno after the officer, a six-year veteran of the force and the shift's watch commander, tried to subdue Torres with an M26 Taser, but instead fired a shot with her department-issued Glock 23 handgun.

"They killed him execution-style," cousin Carlos Torres said. "You don't want to wish this on anybody, to go from suspect to victim."

Madera interim Police Chief Steve Frazier said the officer intended to use her Taser to prevent Torres, who was handcuffed and in the back of the police car, from kicking out the vehicle's rear window. A Taser uses electricity to subdue someone without causing permanent injury.

"A tragedy occurred here last night," Frazier said Monday. "I wish things could have been different."

The officer, whose identity has not been released by the department, was put on administrative leave and could face criminal charges pending the results of investigations by the Madera Police Department and the Madera County district attorney's office.

"I think any time force is utilized, it can be a career-ending event," Frazier said, adding that this was the first time the officer had drawn a weapon in six years with the department.

Frazier said another officer went to the Madera Villa Apartments, in the 2100 block of North Schnoor Avenue, about 8:15 p.m. when neighbors complained about a loud party.

Partygoers threw things at the officer and didn't allow him inside the apartment, Frazier said.

All eight or nine officers on duty in his department were sent, along with at least two sheriff's deputies, when the first officer called for help.

"It was a very unruly party," Frazier said. "They were throwing things and doing things to hamper the police investigation."

Several teens who had been drinking at the party were sent home with parents, while Torres, an amateur boxer, and two others were arrested on charges of resisting and delaying police officers.

Carlos Torres said Monday afternoon his family is still trying to understand why the officer wanted to use a Taser on Torres, who was already handcuffed and in the patrol car.

"She had nine officers around her," Carlos Torres said. "She wasn't in danger of anything."

He said his family, who have talked with an attorney, also wants to know how the officer could've mistaken her handgun for the Taser.

"She had all the time in the world to react," he said.

The Taser, manufactured by Taser International, shares some similarities with the department's handgun, the .40-caliber Glock 23, Frazier said.

Both weapons are strapped onto officers' thighs by holsters, and each gun is equipped with a laser to help officers lock in their targets.

"It looks like an oversized gun," he said.

Jose Rojas, a representative for Taser International, said his company has not received any complaints about the similarities between the two weapons.

He said the Taser is slightly larger than a handgun to accommodate eight double-A batteries. It's also made of plastic instead of metal, making it 18 ounces compared to the 28.5 ounces of a loaded Glock 23.

A bright yellow marking also is evident along the side of the Taser, Rojas said.