20 Jan 2016
Back in August of last year, the Austin PD received a report that a man had urinated in public. Two officers, including Officer Christopher Van Buren, were dispatched to the scene. It’s undisputed what happened next. A man, who was believed to be the suspect, was lying beneath a tree with his head resting on a duffel bag. When the cops approached the man, the first thing that happened was that Van Buren took out his Taser. He ordered the man to get up, and the suspect got up to the point where he was now seated. Van Buren continued to order him to get up and walk toward the patrol car, telling the man he would use the Taser on him. The man expressed “bewilderment” that he would be on the receiving end of a Taser, and remained seated. Before giving the man a reasonable opportunity to comply, Van Buren fired the Taser, striking the man.
The matter was investigated, and from the beginning Officer Van Buren attempted to justify his actions. First, he told Internal Affairs that he was worried that the suspect might have a weapon in the duffel bag. He then apparently abandoned that line of defense, and retreated to a claim that his use of the Taser was justified because he saw the man sucking his teeth, which Van Buren interpreted, or so he says, to be some sort of a precursor to aggression. None of which, by the way, begins to explain the clear violation of department policy concerning the use of Tasers.
Anyway, you’ll be interested to note that the internal investigation came to the same conclusion we did. The result is that Officer Van Buren was suspended for 90 days without pay, and must go for a psychological examination. The suspension, according to Chief Art Acevedo’s memorandum was accompanied by Van Buren’s acknowledgement that his firing of the Taser at the man was “not objectively reasonable.” He also, according to the Chief, expressed “regret and contrition.” We note that the change of heart apparently took place after everyone had viewed a dashcam video of the entire incident. Had there been no video . . . well . . . who knows?
Law Office of David D. White, PLLC
1201 Rio Grande Street #200
Austin, TX 78701
(512) 369-3737