'If he didn’t stop I was going to tase him again'
EUGENE, Ore. — Still images captured by a camera mounted on a Taser used to shock a protester twice in May 2008 show police already had the man in custody, the defense argued Wednesday morning as the criminal trial for the protester continued.
The officer who shocked protester Ian Van Ornum twice with a Taser during an arrest at a protest in downtown Eugene in May 2008 testified before the jury in the protester's criminal trial Wednesday morning.
Jurors in the trial of a University of Oregon student accused of blocking traffic and fighting with police officers also looked at still frames of the two uses of the Taser. The images were taken from video captured by a camera on the Taser.
University of Oregon student Van Ornum, 19, faces disorderly conduct and resisting arrest charges, both misdemeanors.
Officer Judson Warden, a bike patrol officer assigned to downtown Eugene, testified Wednesday morning that Van Ornum was fighting with Eugene Police Sgt. Bill Solesbee while the crowd of people at the protest grew aggressive.
“At that point I told him, stop fighting with Officer Solesbee or I’m going to Tase you,” Warden said. He testified Van Ornum continued to fight, so he deployed the taser.
Warden testified he became worried about Solesbee’s safety. Officers had managed to handcuff Van Ornum’s right wrist. Warden testified suspects sometimes use a sole handcuff as a weapon.
“I told the defendant if he didn’t stop I was going to Tase him again," Warden said. "And he didn’t stop so I tased him."
During cross-examination, Laura Fine, Van Ornum’s defense attorney, asked Officer Warden, “You don’t think the fact you used the Taser could have prevented him from putting his hands behind his back?”
Warden replied no.
Fine showed jurors several hundred still images taken from a camera mounted on the Taser. Fine said five images represent one second in real time.
According to Warden, the camera began recording once the safety was taken off the Taser.
The images depict Van Ornum’s first and second Taser shockings, which took place 12 seconds apart.
Fine said the images show Van Ornum’s right hand, which was handcuffed, was behind his back when he was first shot with the Taser. She then showed images where Van Ornum spasmed after being shocked.
Next, Fine showed images in which Solesbee has placed Van Ornum’s left hand behind his back. The next set of images show Taser wires in Van Ornum’s back.
Fine asked Warden if this showed he used the Taser while Solesbee had control of Van Ornum. Warden said he couldn’t tell.
When Fine completed her cross-examination, prosecutor Bob Lane asked Warden to describe his mental state during the incident.
Warden testified he was under stress and “very scared” because the crowd was unruly and two protestors had attacked him before he decided to help Solesbee.
He added the uses of the Taser took place seconds apart.
Eugene Police Officer Tim Haywood, who responded to the protest, also testified Wednesday morning.
The trial will resume Wednesday afternoon. Two witnesses for the state are expected to testify.
