Hampton's top prosecutor says police officers were justified when they Tasered a man who threatened them with a samurai sword in late 2009.
Commonwealth's Attorney Linda Curtis earlier this month cleared officers of any wrongdoing in the death of Hatchell Pate Adams III, 36, who was Tasered as he struggled with police officers attempting to subdue him on Dec. 10, 2009.
"Based on the autopsy report and the justified actions of the police officers involved, I conclude that no criminal charges are appropriate," Curtis said in her Oct. 14 report. The state Medical Examiner's Office had previously ruled the death accidental.
Police were attempting to serve an emergency custody order on Adams -- who was at the time suffering from severe mental health issues, according to Curtis' report. But Adams did not go peacefully.
Adams, waving the sword, came after four officers at 12:17 a.m., and the officers deployed the Taser three times before police managed to take the sword from him, Curtis wrote.
Police say only two of the three Taser deployments were effective.
Adams continued to struggle with officers. They then "drive-stunned" Adams three times with the Taser -- meaning the device was put directly to the skin rather than shooting barbs -- as police handcuffed him and put leg irons on him.
When the cuffs were removed for readjustment, Curtis wrote, Adams again began "struggling and spitting," and was drive-stunned a fourth time at 12:26 a.m. "Adams stopped struggling, and moments later officers noticed he was not breathing," Curtis' report said.
He was pronounced dead at 1:17 a.m.
In her report, Curtis cited an autopsy by the state Medical Examiner's Office. Dr. Wendy Gunther said one of the Taser barbs was located near Adams' heart, but not deep enough to cause his "cardiac event." Gunther said that "the police subdual of Adams does not imply intentional injury," and that death in such cases "may occur in the absence of any intervention."
The medical examiner's office listed the cause of Adams' death as: "Excited delirium in addition to mental illness in addition to methamphetamine use in addition to obesity in addition to subdual by police."
Copyright 2011 - Daily Press, Newport News, Va.
McClatchy-Tribune News Service
