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Taser use leads to meeting in Falls
Updated: August 21, 2010, 12:15 AM
NIAGARA FALLS — Police Superintendent John R. Chella will meet today with the City Council chairman to discuss a complaint by a Whitney Avenue man who claims officers overreacted when they used a Taser on him.
The man, Michael M. Hayes, 23, who was charged with inciting a riot, told the Council on Monday that he was zapped with a Taser last Wednesday after he stepped up to an officer who appeared to be about to use a Taser on his 15-year-old cousin.
Hayes claims the incident started as a children’s water balloon fight.
Police reports said that an officer was hit by a rock and a police car was damaged during the incident near 17th Street and Whitney.
Hayes, whose family has contacted Chella to complain about the way officers handled the situation, took his concerns to the Council.
“Really, I felt like my constitutional rights were violated,” he told the lawmakers. “On top of that, I felt like they used excessive force.”
Chella on Tuesday declined to comment on the complaint because of potential legal action.
Chella said he plans to meet with Council Chairman Chris Robins today to discuss the family’s concerns.
“We received communication and are trying to formalize that into a departmental complaint with the family,” Chella said.
He said police hope to address the complaint before a lawsuit is filed.
Hayes, his grandmother and his sister told the Council on Monday they were dismayed by the behavior of officers who responded to the scene.
His sister, Teonna Hayes, said she was upset that an officer appeared ready to use a Taser on a 15-year-old who was “soaking wet” because of the balloon fight. She accused officers of swearing at the children involved.
“The profanity, the language that was used, if that’s who I call to protect and serve me, I’m not going to call the police any more,” Teonna Hayes said.
Michael Hayes pleaded not guilty Thursday in City Court to charges of inciting a riot, disorderly conduct, resisting arrest, second-degree obstructing governmental administration and unlawful possession of marijuana. He is due back in court Aug. 5.
The complaints at the Council meeting echo concerns aired last year during a public forum dominated by complaints about alleged police brutality and unfair treatment.
Resident Gloria Dolson told the Council on Monday that the small number of black and female police officers in the city has contributed to community concerns.
“It’s sad. If you don’t have people that look like you, you tend not to know how to treat them,” Dolson said. “We all are human beings.”
Chella said Tuesday he has been trying to meet with community groups during the last year to discuss complaints about police brutality and unfair treatment of minorities.
“We are generally trying to open up the line of communication between the department and the community through the 18th Street Resource Center,” Chella said. “We are actively trying to hire minority candidates.”
Chella said the department plans to add a second community liaison to the Police Department.
He said officers are given training for Taser use.
“Officers have to sit through a two-hour demonstration of the consequences of the weapon. We don’t just hand out a Taser and just say go out and use it,” Chella said. “We try to give them as much familiarity with the weapon as we can.”
“If we see a gap in the training [with Tasers] then we will address it,” he said.
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