Gilbert parents file suit in Taser death of 18-year-old son
[b]Associated Press
11:44 AM MST on Monday, January 21, 2008
MESA, Ariz. (AP) -- The parents of an 18-year-old who died after police shocked him with a Taser stun gun have filed a wrongful death lawsuit against the town of Gilbert.
Lawyers filed the suit Thursday on behalf of Drew and Gina Athetis, who say Gilbert police were negligent last year when they tased their son, Andrew Athetis, who died 11 hours after being shocked.
Police say that Andrew Athetis had hit a Gilbert woman in the chest and stolen her keys before he was found in a nearby public fountain. They say Athetis started walking toward them, but did not stop at their commands.
That's when an officer tased Athetis, knocking him to the ground. The officer fired the stun gun three more times within 30 seconds because Athetis would not stay on the ground and put his hands out to the side, according to a police report.
By the fourth shock, Athetis was unresponsive, coughing up green phlegm, moaning and unable to speak.
Athetis died from "excited delirium" associated with acute methamphetamine toxicity, a medical examiner later found. Excited delirium occurs when the heart shuts down because it can't handle a stressful event.
Athetis' family had said Athetis used meth earlier in the day and had been behaving abnormally. But the lawsuit says police used excessive force, used the Taser unnecessarily and failed to recognize Athetis' medical condition.
The lawsuit also says witnesses saw officers slam Athetis' head on the ground.
An internal investigation by Gilbert police found that officers did nothing wrong. The Maricopa County Attorney's Office, which reviews Taser and shooting incidents, also cleared the officers.
The Athetis family in July filed a claim, the initial step to begin a lawsuit. At the time, the parents asked for $2 million from the town to compensate them for their loss of love, affection, compassion, care, protection, and guidance, as well as future pain and sorrow.
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Information from: East Valley Tribune/Scottsdale Tribune,
http://www.eastvalleytribune.com
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