Eugene police oversight body says Tasing a mistake

(AP) — Eugene's civilian police oversight committee says a city police officer made a mistake in using a Taser on a non-English-speaking college student last year.

The seven-member committee said unanimously Tuesday that the officer, earlier identified as Judd Warden, was wrong to stun the Chinese student. The young man had been mistakenly identified as a trespasser in his own apartment.

In a 4-3 vote, the board asked Police Chief Pete Kerns to reopen the police department's investigation. Kerns earlier decided Warden did not violate the department's Taser policy.

"This whole episode is a result of some really poor choices by the officer," board member Bernadette Conover said.

Police spokeswoman Melinda Kletzok said the chief would wait to comment until he learns more about the review board's decision.

Eugene attorney Ilona Koleszar represents the University of Oregon student. She has said her client intends to sue the city over the Sept. 22 incident.

The board has spent the last several weeks analyzing the police department's Internal Affairs investigation.

Board members concluded the student was not an immediate, credible threat to the officer, as Warden has contended, partly because he said the student kept his right hand hidden under a blanket and moved toward the officer.

However, board members have reviewed video from Warden's Taser that recorded the scene moments before the officer used the weapon on the student, who did not understand Warden's commands.

"If you saw that video, both (of the student's) hands were visible, clutching a blanket," board member Tim Laue said. "I just couldn't get to an immediate credible threat. There was no active resistance by the student."

Koleszar said last month that her client, who has not been identified, denies making any move toward the officer inside the student's Eugene townhouse.

City Police Auditor Mark Gissiner — who oversaw a police department investigation into the case — said last month that he believes Warden fired the Taser inappropriately.

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Information from: The Register-Guard, http://www.registerguard.com