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Reported by: Fields Moseley and Associated Press
Thursday, Nov 19, 2009 @11:46pm CST
 By Fields Moseley, 2News reporter
Investigators called it "a rapidly unfolding situation." A decision to use a Taser may have killed Brian Cardall on State Road 59. On Thursday, prosecutors released a report about the case and the officer who used his Taser has been cleared of wrong doing.
The Cardall family attorney says the medical examiner agrees the Taser might have killed Cardall. This is significant because Taser International has fended off numerous law suits. The company has even sued medical examiners for placing blame on its device.
"Pop... 415... Taser deployed," came over the 911 digital recording from June 9th. You can hear Brian Cardall moan and Hurricane Police Officer Ken Thompson yell, "Stay on the ground!"
Two seconds later, when Cardall tried to get off the ground, he shocked him again.
Cardall was experiencing a manic episode that day and his wife gave him his medication before he started running up and down the highway, taking off his clothes.
"I want everyone to know I was there," said Chief Lynn Excell. "I know what happened at that scene."
The Hurricane Chief gave a brief statement Thursday after prosecutors found Thompson acted within the law. He called Cardall's death a tragedy for all involved.
Last month, Taser International issued an advisory to police telling them not to aim for the heart. It said that was one more way to protect departments from law suits.
In Cardall's case, the State Medical Examiner said the probes entered his chest wall over his heart, and he was naked. Both were factors that could have contributed to electrical death. The report says, "It is possible that the CEW deployment is a primary or contributory cause of death in this case."
But it also notes his psychotic episode connected to bi-polar disorder, saying, "this heighted level of arousal would also put him at risk for sudden cardiac death."
Because either the Taser or his condition could have led to his death, the manner remains: undetermined.
The medical examiner also ruled out excited delirium syndrome, a common explanation for Taser related deaths.
An attorney for the Cardall family expressed disappointment on the part of the prosecutors. While no lawsuit has been filed, the Hurricane attorney limited comments Thursday because of the possibility.
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By JENNIFER DOBNER Associated Press Writer
SALT LAKE CITY (AP) - A Hurricane police officer won't face prosecution for using a Taser on a bipolar man who later died, the Washington County attorney's office said Thursday.
Officer Ken Thompson acted in accordance with his training, County Attorney Brock Belnap said in a letter to Hurricane Police Chief Lynn Excell.
Cardall, 32, of Flagstaff, Ariz., died June 9 after he was hit twice with a Taser on state Route 59 in southern Utah. Cardall was running naked in traffic on the highway.
A Taser, a type of stun gun, shoots a probe that delivers an electric shock.
"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 would seriously injure or cause the death of Brian Cardall," Belnap wrote in the letter.
The decision comes after an investigation by the county's critical incident task force and a review by a panel of prosecutors. In his letter, Belnap said the unanimous recommendation of the panel was not to file charges.
An autopsy report said Cardall died from heart irregularities and that his "manic episode" had put him at risk of "sudden cardiac death." Assistant Utah Medical Examiner Erik Christensen only said the Taser's deployment "could" have been a primary or underlying factor in Cardall's death.
"The circumstances in this case represent a combination of factors that are believed to increase the risk of potential electrical death," Christensen said in a portion of the autopsy released through Belnap's office.
According to the investigative summary, barbs from the Taser stuck Cardall in the left chest, over his heart.
Tasers are manufactured by Taser International in Scottsdale, Ariz. Last month, the company began advising police agencies to avoid firing the device at a person's chest, saying that doing so will make defending lawsuits easier. The manual includes a lengthy explanation about deaths caused by sudden cardiac arrest.
"Should sudden cardiac arrest occur in a scenario involving a Taser discharge to the chest area, it would place the law enforcement agency, the officer, and Taser International in the difficult situation of trying to ascertain what role, if any, (the device) could have played," according to the manual.
Tasers are used by 14,200 law enforcement agencies throughout the United States. Human rights groups have long said that Tasers cause heart attacks.
In a statement issued through an attorney, Cardall's family said it was disappointed, but not surprised, by Belnap's decision.
They criticized the county's report for glossing over or ignoring some facts and eyewitness accounts of Thompson's 42 second interaction with Cardall before the Taser was deployed. According to the family, some eyewitness account contradict statements made by police about Cardall's behavior.
"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," the statement from attorney Karra Porter reads. "They also want to feel reassured that steps are being taken to prevent other senseless deaths in the future."
In police recordings, Cardall is heard screaming as his wife, Anna Cardall, asks a 911 dispatcher for help before police arrived. She also tells the dispatcher her husband had been diagnosed as bipolar and that she had given him some medicine.
The tapes also recorded Thompson yelling at Cardall to "get down" at least a dozen times before the Taser is deployed. Later, Thompson is heard saying he deployed the device a second time when a downed Cardall tried to get up.
At a news conference late Thursday, Excell expressed his sympathy for the Cardall family, but said the report vindicates the officer's actions. An attorney for the city declined to answer questions, citing a concern about future litigation.
"We view this as a very deep human tragedy for everyone involved," attorney Peter Stirba said. "Certainly the officers have been traumatized by the events and certainly the Cardall family has sustained a profound loss."
(Copyright 2009 by The Associated Press. All Rights Reserved.)
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