Mason, Ohio Cops CLEARED in Taser Death

MASON COPS CLEARED IN TASER DEATH

In Mason, Ohio, two officers were confronted with a tough choice in dealing with a struggling man on December 14.  They ended up TASER-ing him, and he ended up dead.

The original story on Channel 5’s website can be viewed here.  I’ve reprinted below.  The latest development is that the two officers have been “cleared” by the prosecutor of any wrong doing – criminal mischief, I suppose.  I’m sure a civil rights case will follow.  The article on cincinnati.com is also posted below or you can read it here.

I’ve been posting a lot of TASER stuff since becoming involved in Tony Patrick’s civil rights case against the officers who TASER-ed him for riding his bicycle on the roadway.  More on that case in a later post.  For now, here are the two stories about the Mason Taser death.

—–From WLWT- Channel 5’s Webpage—–

Posted 12/14/2009 by

A man died Sunday night after Mason police shocked him with a Taser stun gun, officers said.

Investigators said 39-year-old Douglas Boucher had gone to Speedway gas station Saturday night and verbally attacked a cashier, and returned again the following evening and began yelling at her again.

Officers happened to walk into the Reading Road gas station around 11:15 p.m. as Boucher yelled obscene requests at the woman, 20-year-old Christina Hicks, and she asked them to escort him outside.

“He verbally accosted Miss Hicks and in a profane manner, sexual requests being made in profane terms,” said Chief Mike Kelly, of Mason police.

Police said Boucher, who was suspected of being involved in a hit-and-run crash earlier Sunday evening, refused to cooperate and began fighting with officers as they attempted to handcuff him outside.

“The officer attempted to control him by cuffing his wrists,” Kelly said. “In the process, with only one cuff on, Mr. Boucher wrestled away from the officer and struck him in the head with his cuffed hand.”

Boucher then attempted to chase Hicks, police said, and an officer fired the electronic stun gun at him.

Moments later, police said, Boucher stopped breathing and then was rushed to West Chester Medical Center, where he died.

The officer who was hit in the head was taken to Bethesda North Hospital for evaluation, and he was treated and released.

The Warren County coroner said autopsy results were incomplete, and a cause of death would not be determined until toxicology, microscopic and X-ray screens results were available in several weeks.

Both officers involved, Patrolman Daniel Fry and Patrolman Sean McCormick, have been placed on administrative leave during the investigation, which is standard procedure.

Boucher played bass in several area bands, including Hellcat Alley, and is survived by an 8-year-old daughter.

“He was a very passionate person — passionate about his daughter, his music and living life fully,” said his ex-wife, Sheryl Olszewski.

Friends say Boucher was in poor health when he played his last show less than 24 hours before he died.

“I’m just pretty shocked about the whole thing and hearing it just because of the character I know him to be,” band member Kevin Conner said.

Increased Scrutiny

It’s the first local Taser death since Kevin Piskura died after being Tasered by Oxford police last year. The city responded by taking Tasers off the streets.

The coroner later ruled a heart problem and excessive alcohol use combined with the Taser to kill the Chicago man.

After months of study, the city manager has decided to give Tasers back to Oxford officers in January. On the conditions they have additional training and tighter restrictions on when they can be used.

“Anytime you use force there is a possibility injuries can occur. So you try to use the least amount of force to affect that arrest,” Oxford City Manager Douglas Elliott said.

The Mason police chief said there are no plans to take Tasers away from his officers right now.

In 2008, the National Institute of Justice said studies show use of shock devices is not risk free, but exposure is safe in the vast majority of cases.

—–From CINCINNATI.COM———-

Posted 1/27/2009

MASON – Two Mason police officers have been cleared of any wrongdoing in the death of a man who fell and died of a skull fracture after police shot him with a Taser in December.

Warren County Prosecutor Rachel Hutzel determined that a state investigation and evidence in the death of Douglas Boucher of Mason indicate that Officers Daniel Fry and Sean McCormick did not commit a criminal act during the Dec. 13 incident.

In a letter to Mason police dated Jan. 22, Hutzel said her office was closing the case.

Police alleged that Boucher, 39, ran his vehicle into a parked car at his apartment complex, then drove about a mile to the Speedway gas station at Tylersville Road and U.S. 42, where he was harassing a female clerk.

When police arrived because of the disturbance, they said Boucher refused to leave the store and struggled with them.

Boucher was struck with the stun gun after he tried to go after the clerk and hit an officer with a cuffed hand, officials said.

Printed from: http://www.ohiobikelawyer.com/uncategorized/2010/01/mason-ohio-cops-cleared-in-taser-death/ .
© 2016.

2 Comments   »

  • Dan Hinds says:

    Doug was a very dear friend of mine. While living in Marion, IN, I met Doug at a concert. We were both interested in the same music and we would jam just about every weekend. I am absolutely shocked (no pun intended) over the description of his behavior during his last few minutes. He was a very gentle person who never displayed volatility or any kind of propensity for violence over the period of about 3 years when I lived near him. I was also surprised to learn his tox screen came up completely clear of drugs or alcohol. I figured if there were any truth to what the officers said about Doug’s action, then he must have been drunk… Alas, he was not. I’m afraid we’ll never know the complete story. I extend my condolences to the Boucher family, especially his little girl, Katie.

    Dan

  • Jennifer. Scribner says:

    Doug was a dear dear friend. I caanot believe that he has been gone for a year already. Doug was sweet and meek. He had horrible carpel tunnel & can only surmise that he was in severe pain when he was being cuffed and reacted to that. I caanot believe that he hit anyone. I do believe that Doug to be vulgar and verbose. He had a twisted sense of humor and he can be offensive to those who don’t..didn’t know him. I certainly miss him..and lament the fact that he can’t be a father to Katie. If anyone ever wants to know Doug, all they have to do is look at her sweet face. We miss you Dougie. I miss you.

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