Okla. Officers 'Within Policy' in Use of Taser on Woman

Dec. 21, 2012
Outside investigators ruled two Muskogee police officers accused of wrongfully Tasing and pepper spraying a shackled woman were "within policy."

Outside investigators ruled two Muskogee police officers accused of wrongfully Tasing and pepper spraying a shackled woman were "within policy."

Christina Boylan was hospitalized Nov. 6 at Muskogee Regional Medical Center after family members grew concerned for her welfare. Her sister, Alisa Wren, called police after she said Boylan called her, said she was depressed, had been drinking and had a gun.

Boylan and her attorney, Jeremy Beaver, have alleged two officers, Troy Buller and Lincoln Anderson, Tased and pepper sprayed Boylan "without justification."

However, the Federal Bureau of Investigation and the Muskogee County District Attorney's Office ruled the officers followed protocol.

"The FBI has looked at it and so has the DA," Muskogee Police Department Capt. Chad Farmer said. "They both have not found anything to warrant criminal charges being filed."

Last week, Beaver said he was pleased to learn outside agencies were looking into the allegations of police misconduct. But on Thursday, he said he was upset none of those agencies had spoken with him or Boylan.

"They didn't contact me or call my client and tell her their findings," Beaver said. "Nobody from the FBI has talked to me, and no one from the DA's office has talked to me. So, whatever version of events they were looking at did not include anything from us. I don't understand that."

Beaver said Boylan's only recourse at this point would be a civil suit.

Beaver and police officials agree Boylan had her feet shackled and her wrists cuffed, and was Tased and pepper sprayed while at the hospital. Beaver has maintained his client presented no danger to officers or hospital staff and was punished by officers seeking to inflict pain on "a handcuffed and ill person."

Scott Wood, a lawyer who handles use of force cases for the city of Muskogee, said evidence presented to the FBI and DA's office painted a different story.

Wood said officer and hospital reports said Boylan was so intoxicated that hospital staff was having trouble providing her with any medical treatment. Though Boylan had her arms and legs bound, she was able to strike at nurses, Wood said.

"If you picture a hospital bed, you can slide your hands back and forth, and you have movement up and down from the wrist to the cuff," Wood said. "She was warned numerous times to stop being combative. They were trying to put an EKG lead on when (Boylan) grabbed and slapped at a nurse's hand."

Wood said it was at this point that Buller sprayed Boylan with the pepper spray. The report stated Anderson independently struck Boylan with a Taser set to "drive stun," which Wood said was a Taser mode "much less powerful" than the mode where probes enter into the body.

"When (Anderson) made contact, he felt the pepper spray from officer Buller land on his hand," Wood said. "Now, probably eight to 10 years ago, pepper spray had some accelerant that could be ignited. Anderson said he remembered that, and immediately pulled the Taser off Miss Boylan's shoulder.

"He reholstered it at that point. There were some allegations of a second Tasing, but there was no second Tasing."

Wood said at this point, Boylan's face was cleaned with wet paper towels, and Boylan calmed down.

"I think she was then given a sedative by the ER doctor, and within 10 to 15 minutes she was asleep," Wood said.

Copyright 2012 - Muskogee Phoenix, Okla.

McClatchy-Tribune News Service

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