Deputy Tried for Excessive Force with Stun Gun | NBC4 Washington

Deputy Tried for Excessive Force with Stun Gun

Federal appeals court overrules lower court ruling



    Charlotte Jacobs says she watched as officers struggled with her son and then used a taser gun on him.

    A federal appeals court says a Frederick County sheriff's deputy can be tried for allegedly using excessive force by firing an electronic stun gun at a Frederick man who later died.

    The Court of Appeals in Richmond, Va., ruled Wednesday that Cpl. Rudolph Torres' appeal of a lower court ruling was flawed.

    Among other things, the court found that Torres incorrectly referred to the complaint as a wrongful death claim.

    The family of 20-year-old Jarrel Gray is seeking $145 million from Torres, the sheriff's office and the county.

    Torres hit Gray twice with a Taser while trying to break up a fight in November 2007. A grand jury found in 2008 that Gray had not obeyed Torres' commands to show his hands. Gray's family says he was trying to comply.