Hurricane officer cleared in Cardall Taser incident

Published: Thursday, Nov. 19, 2009 11:35 p.m. MST
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A Hurricane police officer who used a Taser twice on Brian Cardall in June will not face any criminal charges.

The Washington County Attorney's Office announced Thursday that officer Kenneth Thompson was cleared of any wrongdoing in the June 9 incident in which Cardall, 32, who was suffering from a bipolar episode, was Tasered after running naked into traffic on state Route 59 and later died after being taken into custody.

"In my view, officer Thompson responded to a tense, uncertain and rapidly unfolding situation in a manner consistent with his training and that he did not intend, believe or foresee he would seriously injure or cause the death of Brian Cardall," Washington County Attorney Brock Belnap wrote in his letter clearing the officer.

Belnap said it is natural for people to question what happened after a tragic event but that such events must be judged from an officer's perspective as they happen and not in hindsight.

The Cardall family, however, was not satisfied with Thursday's decision.

The family's legal adviser, Karra Porter, said Thursday that the family was disappointed by what was in the report and what was left out.

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The family said the report "glosses over" eyewitness accounts of the incident and "ignores the significance" of facts, such as:

Thompson, a school resource officer, exited his vehicle with his Taser already drawn.

Thompson knew Cardall had no weapon and in fact was wearing no clothes at all.

Thompson and Hurricane Police Chief Lynn Excell knew Cardall was having a bipolar episode and that he had just been given medication, and they should have known that yelling at Cardall simultaneously from opposite sides added to the chaotic situation.

The county attorney's office made no attempt to explain the contradictions of Thompson's report that Cardall was running at him and two eyewitness accounts that he had taken a single step.

The family also questioned why the investigation into the incident wasn't conducted by an outside agency.

"In light of the county attorney's decision, the family will discuss their options for ensuring that the full truth emerges regarding Brian's death. I think they also want to feel reassured that steps are being taken to prevent other senseless deaths in the future," Porter said.

Attorney Peter Stirba, who was hired by the city of Hurricane after Cardall's death, said Thursday that the investigation was reviewed by the attorney general's office, which he pointed out is an outside agency. He declined further comment because he believes the Cardall family is planning a lawsuit.

Recent comments

(56) AMERICANS HAVE DIED THIS YEAR FROM POLICE OFFIERS USING TASERS!...

.. | Nov. 24, 2009 at 4:56 p.m.

"orrect decision"- That has got to be one of the dumbest post on...

Becki | Nov. 21, 2009 at 3:11 p.m.

"stop embarrassing themselves" Are you kidding me? People like you...

@Correct decision | Nov. 21, 2009 at 2:38 p.m.

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