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CrimsonPirate
07-08-2010, 03:58 PM
BARRE Eugene Magoon was shocked he says repeatedly by police on Monday afternoon, but the Barre man who claims he suffers from a "seizure disorder" wasn't charged in Vermont District Court in Barre on Tuesday.

After reviewing police affidavits recounting an incident that played out near the railroad tracks along Metro Way shortly before 3:30 p.m. Monday, Judge Brian Grearson said Tuesday he could find no basis for charging Magoon the latest person Tased by Barre police with disorderly conduct.

It wasn't for lack of trying.

Grearson listened carefully as States Attorney Tom Kelly repeatedly attempted to make the case that Magoon engaged in either "violent, threatening, or tumultuous behavior" during a brief confrontation that stemmed from a report he was carrying a knife and might be suicidal.

Although Kelly conceded that Magoon complied with a police request that he drop the backpack he was carrying at the time and never actually threatened any of the three officers on the scene, he insisted there were grounds for the criminal charge

"At the very least his behavior was tumultuous," Kelly said, suggesting Magoon's alleged shouting in a public place was enough to clear that bar.

Not according to Grearson.

"Anything other than yelling?" the judge asked.

Kelly cited a claim contained in now-sealed police affidavits that Magoon threatened himself albeit with an empty hand as further cause for the charge.

Grearson wasn't buying it, suggesting he was hard-pressed to charge someone that police had responded to assist on a welfare check.

"My understanding of a welfare check is you're concerned about someone's safety," he said in refusing to find probable cause for the disorderly conduct charge.

Magoon's court-appointed lawyer, Maggie Vincent, told Grearson there was no other reasonable conclusion.

"I can see some things that the officers did that were assaultive, but I can't see anything that Mr. Magoon did that was," she said, offering a critical assessment of the incident, during which one officer leveled his firearm at Magoon while the "red dot" of another's Taser danced on the man's bare chest.

Vincent all but accused Barre police of attempting to cover their reckless behavior by citing Magoon with disorderly conduct.

"When people ultimately in custody are harmed they are charged," she said.

Kelly disagreed.

"I don't think we can say the only reason Mr. Magoon was charged was because he was Tased," he said.

Vincent argued police had put Magoon through enough.

"I think it's wrong," she said.

Magoon, who arrived early for the arraignment, walked with a slight limp and was holding a limp right arm. He claimed he was Tased in the chest and the right arm, displaying bruises for a reporter, and twice in the right leg.

Magoon described himself as a client of Washington County Mental Health Services and admitted he was "depressed and angry at his landlord" when he was approached by Barre police and inexplicably ordered to drop the backpack he was carrying.

Magoon said he did as he was told, but claimed he was quickly surrounded by officers and members of the city's bike patrol.

"I asked if I was under arrest, and they said: 'no' and I started to walk away," he said. He said he was Tased when he raised an open hand to his head to wipe off some sweat.

"It was hot and I didn't want to talk to nobody, I just wanted to be left alone and they shot me," he said. He also accused police of "kicking" him in the head causing a visible bruise to his temple, injuring his right shoulder and provoking a brief seizure.

Magoon said he had spoken to Vincent and would likely be filing a civil lawsuit against the city.

"They (police) shouldn't have done what they did," he said. "I wasn't hurting anyone."

Although the court file was sealed when the charge was tossed by Grearson, Magoon provided copies of the documents that authorities supplied to him.

Those documents include two sworn affidavits one written by Officer Anthony Amaral and the other by Officer Roland Tousignant.

Amaral indicated police received a call from a Washington County Mental Health screener who was concerned about Magoon. According to the affidavit, a frustrated Magoon told the screener: "I might as well kill myself" before hanging up the phone.

Amaral indicated he located Magoon on the railroad tracks along Metro Way in downtown Barre shortly before 3:30 p.m. Monday and immediately summoned backup.

Amaral described Magoon as somewhat combative and indicated Tousignant and officer James Baril were on scene moments later.

Amaral indicated he pointed his Taser at Magoon, who was believed to be carrying a knife, and Tousignant provided cover with his firearm.

" At this time my red dot was on the right torso side of Magoon," Amaral wrote. "Magoon saw this and began yelling to us to: 'Get that (expletive deleted) thing away from me.' He (Magoon) then put his hand in his pocket and pulled it out in a fist concealing what he had. He then jammed his fist up to his neck, as to cut his throat, and made a remark to the effect of: "I'll do it."

According to Amaral, that's when Tousignant shouted "Taser" three times in accordance with the department's training. When he realized Tousignant was unable to get a Taser shot at Magoon, Amaral said he fired his own weapon.

" I deployed my Taser in order to protect Magoon from cutting his jugular vein or any officers from serious bodily injury," Amaral wrote.

Tousignant related a substantially similar story.

Affidavits do not indicate that Magoon was tased more than once. They do indicate he may have suffered a brief seizure in the ambulance that was called to the scene. Both affidavits confirm Magoon's hands were empty at the time he was tased, but a knife was found in the backpack he was carrying.

Magoon, 39, confirmed it was a "small fishing knife."

"They didn't need to shoot me," he said.

Since obtaining Tasers nearly a year ago, police officers in Barre have used them relatively sparingly. However, they did draw criticism earlier this year based on their handling of an obstinate homeless women who was tased repeatedly after she allegedly refused to leave the parking lot of a local Cumberland Farms.
http://www.timesargus.com/article/20100707/NEWS01/7070341/0/OPINION02

Heck Pup
07-08-2010, 04:36 PM
Cops live for the moment they get to shoot, murder, beat, or tase someone. They love doing that kind of stuff. It makes them feel like "Big Men". All the rage of living a crappy, uneducated life and the frustrations of being rejected by women and society in general is released when they inflict harm on their fellow man.

As some of you may know, a Baptist minister I know was gunned down and murdered in cold blood by a bunch of plainclothes drug cops a while back. Of course the pigs walked away without suffering any sort of punishment. Their actions were deemed "justified" because Jonathan tried to escape from a bunch of gun wielding thugs who he probably thought were trying to rob him.

Cops - too lazy to work, too scared to steal...

Herchel
07-08-2010, 04:42 PM
I wish I could find that youtube video I saw. I have searched for it a couple of times. A perp was in the back of a patrol car, and the local news was interviewing him. He said, " You don't want dat tasah." It was hilarious.

CrimsonPirate
07-08-2010, 04:48 PM
I'm all for law and order and I appreciate the police for what they do. However, I've seen, first-hand, what pinning on a badge does to some people. Former son-in-law and I always got along really great. Then, he became a cop and his whole demeanor changed. Power trip and all that. I won't go into detail, but suffice to say that a badge sometimes changes a guy.

CentralMSDawg
07-08-2010, 10:24 PM
Cops live for the moment they get to shoot, murder, beat, or tase someone. They love doing that kind of stuff. It makes them feel like "Big Men". All the rage of living a crappy, uneducated life and the frustrations of being rejected by women and society in general is released when they inflict harm on their fellow man.

As some of you may know, a Baptist minister I know was gunned down and murdered in cold blood by a bunch of plainclothes drug cops a while back. Of course the pigs walked away without suffering any sort of punishment. Their actions were deemed "justified" because Jonathan tried to escape from a bunch of gun wielding thugs who he probably thought were trying to rob him.

Cops - too lazy to work, too scared to steal...

I'm sorry about your friend, but I think you are wrong about most cops. I won't attempt to judge your friends case and the cops actions there with knowing the details. I'll just say I don't doubt what you are saying at all as their are some bad cops. There was an incident in south Mississippi a couple years back where the police tried to cover a shooting so I know it does happen. With that said I do think most cops are good even if they have a little attitude.

I just know the cops in my town are professional for the most part and I'm glad they are there to keep the thugs from the neighboring city at bay. On the other hand some of the cops in our neighboring city are questionable at best. It all has to do with training and how the top brass in a police department act. If the chief and captions are morons then not much can be expected of the patrolman on the street. Fortunately for my little city the chief knows his stuff and the officers are well trained. I will now go knock on wood that I don't have a run in with the cops tomorrow that changes my whole mind set about them.

YR_Tiger
07-09-2010, 11:05 AM
I'm sorry about your friend, but I think you are wrong about most cops. I won't attempt to judge your friends case and the cops actions there with knowing the details. I'll just say I don't doubt what you are saying at all as their are some bad cops. There was an incident in south Mississippi a couple years back where the police tried to cover a shooting so I know it does happen. With that said I do think most cops are good even if they have a little attitude.

I just know the cops in my town are professional for the most part and I'm glad they are there to keep the thugs from the neighboring city at bay. On the other hand some of the cops in our neighboring city are questionable at best. It all has to do with training and how the top brass in a police department act. If the chief and captions are morons then not much can be expected of the patrolman on the street. Fortunately for my little city the chief knows his stuff and the officers are well trained. I will now go knock on wood that I don't have a run in with the cops tomorrow that changes my whole mind set about them.

I worked for the CHP for 2 year and I am sorry but for the most part they were just like HH stated.

There were some good guys, mostly from the very rural areas, but the majority were ego maniac *****s looking to jack someone up.

This is why should never argue with the cops they will resort to violence and you will be guilty if not dead; which is absolutely pathetic.