Police use of Taser prompts new complaint, legal confrontation
Police used a Taser to subdue a protester in downtown Eugene. The fallout from the incident is ongoing. By Andrew SegalEUGENE, Ore. -- Nearly six weeks after police used a Taser to subdue a man at a protest in downtown Eugene, the incident is still sparking concern. Officers arrested Ian Van Ornum and two others following a confrontation on May 30. Protestors claimed the police used excessive force, and the EPD opened an internal investigation. That inquiry has been suspended while the district attorney looks into criminal charges. This week, there are two new developments in the possible criminal case. Three Eugene residents filed a complaint, saying that prosecutors should examine whether the officers who used the Taser should be charged with assault. "I believe the reason for filing this complaint was that the police conduct was so over the top that it shocks the conscience," said Brian Michaels, the attorney for the complainants. "These officers need to be held accountable." District Attorney Doug Harcleroad said the request is nothing new. He said the officers' actions were already being reviewed. "It's not asking us to do anything that we weren't going to do," he said. "It's a factual incident that we're looking at." Harcleroad's inquiry has run into a roadblock, though. He wants to show a grand jury raw video of the protest shot by local activist Tim Lewis. But Lewis -- who posted an edited version of the incident on YouTube -- won't hand the tape over. Lewis says he's a journalist, and that Oregon law protects him from being forced to produce evidence against others. Harcleroad's not so sure. "We don't know the facts around whatever he does," he said. "I don't know whether he's a journalist or not. We haven't actually looked at the law on that in any great detail." A media law expert said Oregon's shield law is wide-ranging. "The law says any person connected with a medium of communication, that it can protect its unpublished work," said J. Dominic Monahan, an attorney with Luvass Cobb in Eugene. "Mr. Lewis arguably is a journalist. If he makes the right argument, I think he might be able to defend the retention of those tapes." Harcleroad said either way, it will be early August before the investigation is complete. For more on Oregon's shield law for journalists, visit the Open Oregon Web site. |
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