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Waffle House waiter sues over Taser incident
Atlanta Urinal-Constipation ^ | 7/2/09 | Andria Simmons

Posted on 07/02/2009 11:30:29 PM PDT by Slings and Arrows

A Waffle House employee is suing the Gwinnett County Police Department over what he says was an unprovoked encounter with an officer who stunned him with a Taser.

The department’s internal investigation records reveal that the officer used the weapon like a toy with tacit approval from two superior officers.

Daniel Wilson, the 22-year-old waiter, spoke publicly about the encounter Wednesday at his attorney’s office in Snellville. The incident has already resulted in the arrest of Cpl. Gary Miles, 33, and the resignations of Sgt. Christopher Parry and Sgt. Joey Parkerson. None of the officers could be reached for comment this week because their phone numbers are unlisted.

Wilson said all three officers were regular customers at the Waffle House at 2725 Grayson Highway in Loganville.

He said the restaurant provided police with free food.

Wilson said the officers often pointed the red laser from their Taser at him playfully. They would do so when Wilson picked a song they didn’t like on the jukebox or when telling him not to mess up their order, Wilson said.

“It was uncomfortable, but they are my customers and they tip pretty well,” Wilson said. “I just thought they were being foolish.”

Then on Feb. 16, Wilson was chatting with Parry and Parkerson when Miles sidled up behind him. Without saying a word, Miles zapped him with the Taser, Wilson said.

“I remember feeling the pulse go through my body,” Wilson said. “It hurt.”

Taser stun guns deliver a 50,000-volt electrical current capable of incapacitating a person. The weapon can fire barbed probes a distance of up to 35 feet, or it can be used in “drive stun mode” when pressed directly against a suspect. Gwinnett police checked the data recording from Miles’ Taser and found it was fired for one second at 2:48 a.m. on Feb. 16.

Miles told investigators that he only “spark tested” the Taser near the employee’s back “just to scare him a little bit,” according to the internal investigation file.

Parry, 41, and Parkerson, 39, witnessed the employee being shocked but did not report it. They laughed along with Miles, Wilson said. The sergeants later told investigators they didn’t realize the Taser made contact with Wilson’s body.

Wilson said he remembers telling Miles in the presence of the other officers, “Hey, you actually tased me.”

Wilson again sought an apology from Miles a few days later for accidentally stunning him. He said Miles replied, “Who says I did it by accident?”

Miles was arrested June 18 on charges of misdemeanor battery and violating his oath as an officer. Parry and Parkerson resigned in lieu of termination June 19. Police are also investigating allegations that a fourth officer pointed a Taser at Wilson’s groin during an earlier incident.

Gwinnett County District Attorney Danny Porter said he has not ruled out the possibility of charging the two sergeants.

“If the evidence shows there was an unprovoked use of the Taser, and if the evidence shows the sergeants had some criminal responsibility in the case, then they can expect to be prosecuted vigorously,” Porter said.

Michael Puglise, who is representing Wilson in the lawsuit in Gwinnett County State Court, is seeking unspecified punitive damages. He also wants a judge to bar Gwinnett police from carrying Tasers until their policy and training is evaluated.

“What is so concerning to me is the fact that you have a corporal — a ranking officer — zapping a kid with a stun gun and you have two sergeants sitting there watching for their own amusement,” Puglise said. “From their expressions and their actions, it is obvious that this is accepted.”

Gwinnett’s Police Department has had stun guns longer than any other force from the Atlanta area’s largest counties. Currently, 222 of Gwinnett’s 715 sworn officers are certified to carry Tasers, said Cpl. Illana Spellman, a department spokeswoman.

Spellman said using a Taser on innocent civilians is not acceptable. It is also against department policy for officers to accept free food from restaurants.

“It is clearly stated in training that the Taser will only be used to defend the officer or someone else,” Spellman said. “[These officers] were completely wrong.”

Police departments across the state have adopted widely different policies about the use of stun guns. Recently, the director of the Georgia Association of Chiefs of Police said the state needs to offer standardized training.


TOPICS: Crime/Corruption; Extended News; US: Georgia
KEYWORDS: donutwatch; napl
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This is seriously effed up.
1 posted on 07/02/2009 11:30:29 PM PDT by Slings and Arrows
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To: Slings and Arrows; MeekOneGOP; Conspiracy Guy; DocRock; King Prout; Darksheare; OSHA; ...
No joke here; just three cops who shouldn't be trusted with butter knives, much less tasers.


2 posted on 07/02/2009 11:32:25 PM PDT by Slings and Arrows (Crazy is the new sane.)
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To: Slings and Arrows

I’ll say - free food for the cops!!!!!!! Un-fricken-belivable. In some States that kind of ‘freebie’ is a felony.

OH, the TASER?

THey got fired, the bussboy is likely looking at trying to cash in on someones stupidity. Let the fired cops pay, not the taxpayers.


3 posted on 07/02/2009 11:34:26 PM PDT by ASOC (Who is that fat lady? And why is she singing???)
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To: Slings and Arrows

Badge-lappers report to thread in 3... 2... 1...


4 posted on 07/02/2009 11:36:26 PM PDT by B-Chan
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To: Slings and Arrows

STUNED.


5 posted on 07/02/2009 11:46:09 PM PDT by SIDENET ("Join me or die. Can you do any less?" -Mr. Sparkle)
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To: Slings and Arrows

Some of you may be wondering, have the words “taser” and “waffle” ever been used before in one sentence? I know I did.

The first 50 Google results say no.


6 posted on 07/02/2009 11:46:59 PM PDT by Attention Surplus Disorder (What kind of organization answers the phone if you call a suicide hotline in Gaza City?)
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To: All

Damn...


7 posted on 07/02/2009 11:47:38 PM PDT by The Magical Mischief Tour
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To: Slings and Arrows

Dumb cops...

It’s a little terrifying to think they were actually carrying real guns, with bullets in them! I just wonder what those idiots have done over the years that we will probably never know about.


8 posted on 07/02/2009 11:51:49 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: Attention Surplus Disorder

These are the times that try mens’ sentence structure.


9 posted on 07/02/2009 11:53:21 PM PDT by Slings and Arrows (Crazy is the new sane.)
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To: KoRn

The mind boggles.


10 posted on 07/02/2009 11:53:55 PM PDT by Slings and Arrows (Crazy is the new sane.)
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To: ASOC
Let the fired cops pay, not the taxpayers.

The problem is that the fired cops don't have enough money among them to even make a down payment on the probable award in this lawsuit.

I am thinking millions. And, BTW, if I walked into a restaurant and tased a waiter, how much jail time would I be looking at. How do these guys get off with firing and not criminal charges?

11 posted on 07/02/2009 11:56:56 PM PDT by CurlyDave
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To: CurlyDave
Miles was arrested June 18 on charges of misdemeanor battery and violating his oath as an officer.

Perp charged.

12 posted on 07/03/2009 12:02:14 AM PDT by KDD ( it's not what people don't know that make them ignorant it's what they know that ain't so.)
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To: KoRn

It would be good if they just had bullets, not cartridges. Much safer that way!


13 posted on 07/03/2009 12:16:45 AM PDT by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Slings and Arrows

Yup. It’s all fun and games till the taser comes out.


14 posted on 07/03/2009 12:17:24 AM PDT by VeniVidiVici (ABC-AP-MSNBC-All Obama, All the time.)
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To: Gondring
It would be good if they just had bullets, not cartridges. Much safer that way!

Maybe one cartridge, under the Barney Fife rules of engagement.

15 posted on 07/03/2009 12:18:46 AM PDT by Slings and Arrows (Crazy is the new sane.)
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To: Slings and Arrows
“zapping a kid with a stun gun”

Last I looked, a 22 year old man, is not a kid.
I wonder if the waiter spit on the cop's donuts??? lol

16 posted on 07/03/2009 12:21:06 AM PDT by antiunion person (Obama will return from Russia with a new asshole to patch up.)
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To: Slings and Arrows
McLovin?


17 posted on 07/03/2009 12:22:30 AM PDT by bornred
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To: Slings and Arrows

Free food AND an employee to harass! What a place to eat.


18 posted on 07/03/2009 12:28:39 AM PDT by Right Wing Assault ( Obama, you're off the island!)
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I think this article hit on a key point, that many cops secretly view tasers as a fun toy when not facing a threat. I’m starting to think that many cops can’t resist the inappropriate use of non-lethal tools.


19 posted on 07/03/2009 12:30:50 AM PDT by catbertz
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To: Slings and Arrows
Gwinnett police checked the data recording from Miles’ Taser and found it was fired for one second at 2:48 a.m. on Feb. 16.

Wow, how to destroy three professional careers in one second flat.

20 posted on 07/03/2009 12:36:26 AM PDT by LibWhacker (America awake!)
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To: LibWhacker
Wow, how to destroy three professional careers in one second flat.

It was a mercy killing.

21 posted on 07/03/2009 12:37:33 AM PDT by Slings and Arrows (Crazy is the new sane.)
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To: Slings and Arrows

“Hold muh waffle...”


22 posted on 07/03/2009 12:48:23 AM PDT by OrangeHoof (YES WE CAN have a Depression.)
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To: CurlyDave
How do these guys get off with firing and not criminal charges?

The two clowns-er, I mean sergeants "resigned in lieu of termination" which makes me wonder-could another police dept. somewhere else now hire them as police officers?
23 posted on 07/03/2009 2:18:45 AM PDT by snuffy smiff
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To: Slings and Arrows
Maybe the free food was resisting digest and less than deadly farce had to be used to get the guff's on the burp.
At least that the meat of the story.
24 posted on 07/03/2009 2:29:18 AM PDT by count-your-change (You don't have be brilliant, not being stupid is enough.)
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To: count-your-change

Why must you pun-ish us?


25 posted on 07/03/2009 2:30:24 AM PDT by Slings and Arrows (Crazy is the new sane.)
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To: Slings and Arrows

Just the slings and hash of outrageous fortune cookies.


26 posted on 07/03/2009 2:33:59 AM PDT by count-your-change (You don't have be brilliant, not being stupid is enough.)
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To: Slings and Arrows

Obama Jackboots


27 posted on 07/03/2009 2:36:43 AM PDT by mylife (The Roar Of The Masses Could Be Farts)
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To: mylife

Well, perhaps at some time in the future. Low though my opinion of Zer0 is, I really can’t hang this one on him.


28 posted on 07/03/2009 2:51:37 AM PDT by Slings and Arrows (Crazy is the new sane.)
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To: Slings and Arrows

Fair enough.

I guess it was the waffles that made me say it L0L


29 posted on 07/03/2009 2:55:05 AM PDT by mylife (The Roar Of The Masses Could Be Farts)
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To: mylife

Democrats and waffles do naturally go together.


30 posted on 07/03/2009 2:58:52 AM PDT by Slings and Arrows (Crazy is the new sane.)
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To: ASOC

No, let the taxpayers pay for it for allowing the cops to carry the tasers to begin with. All of this comes back to us for poor voting, not holding rep’s feet to the fire, letting cops off lightly for incidents like this, etc. We should be mad as hell, but we are also responsible. Get more involved in all aspects of these incidents, and you’ll find that only we are going to be fix these situations.


31 posted on 07/03/2009 3:16:04 AM PDT by AlmaKing
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To: Slings and Arrows
“It was uncomfortable, but they are my customers and they tip pretty well,”

Well I suppose if they are getting the food for free, they better tip well.

This "free food" for cops is nothing new. In my younger days, I worked briefly in a restaurant and was told by my manager upon starting that anytime cops in uniform walked in, they were to be served for free. Now they never ordered much more than coffee and maybe a donut or pastry, but they never tipped either. Supposedly the manager was okay with this because having cops in the restaurant was good for business (it was a tough neighborhood).

They don't have any Waffle Houses up here in the Northeast but I wish they did. Whenever I go down South, I always make sure I hit a Waffle House at least once. People are always friendly, the food is cheap (real cheap) and filling and you are in and out of there very quickly. And I like the jukebox where you can always find something from Waylon Jennings. Up north, it's Waylon who?

I usually get the cheese omelet with grits and wheat toast. Coffee is pretty miserable so I get the iced tea which is quite good.

32 posted on 07/03/2009 3:17:18 AM PDT by SamAdams76 (I am 78 days away from outliving Judy Garland)
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To: snuffy smiff

Yes, they should have a termination on their records with that department anyway. We use a general classification on an ex-employee of ‘Do not rehire’ which future employers can check and inquire about.


33 posted on 07/03/2009 3:19:43 AM PDT by AlmaKing
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To: Slings and Arrows
These juveniles should be looking to hussein for monetary support in the form of unemployment.

LLS

34 posted on 07/03/2009 4:32:04 AM PDT by LibLieSlayer (hussein will NEVER be my President... NEVER!!!)
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To: B-Chan; Slings and Arrows

How odd! How unusual!!! They aren’t here....MAYBE because there is a clear fault leading to the cop’s doors. MAYBE because there is no possible way to pretend that these guys weren’t abusing their authority. Ya think?!!!


35 posted on 07/03/2009 4:35:55 AM PDT by Shimmer1 (Navy blue)
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To: Shimmer1

You just hate law enforcement officers because you have a problem with authority! What are you hiding, punk?


36 posted on 07/03/2009 4:41:05 AM PDT by B-Chan
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To: CurlyDave
How do these guys get off with firing and not criminal charges?

LOL They're COPS. The law is for "civilians".

37 posted on 07/03/2009 4:51:30 AM PDT by B-Chan
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To: LibWhacker
Wow, how to destroy three professional careers in one second flat.

No professional careers were destroyed. However three unqualified amateurs were sidelined before they could do some serious harm.

38 posted on 07/03/2009 5:12:55 AM PDT by 6SJ7 (atlasShruggedInd: ON)
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To: Slings and Arrows
They would do so when Wilson picked a song they didn’t like on the jukebox or when telling him not to mess up their order, Wilson said.

Pretty cheeky considering you're eating for free.

39 posted on 07/03/2009 5:14:53 AM PDT by HIDEK6
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To: Slings and Arrows

These cops shouldn’t see the outside of prison walls until they’re old men, the county should pay big time and the police department forced to surrender all weapons beyond a basic revolver for each cop.

Obviously, this police force comprises irresponsible children, and should be armed as lightly as possible.


40 posted on 07/03/2009 5:18:16 AM PDT by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: HIDEK6

The pride goeth before the fall, or something to that effect.


41 posted on 07/03/2009 5:25:34 AM PDT by Slings and Arrows (Crazy is the new sane.)
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To: Slings and Arrows

“Gwinnett police checked the data recording from Miles’ Taser and found it was fired for one second at 2:48 a.m. on Feb. 16.”

Do lots of people go out for waffles at 3AM? If I did it would be the place where the cops hang out.


42 posted on 07/03/2009 5:33:56 AM PDT by Conan the Conservative (Crush the liberals, see them driven before you, and hear the lamentations of the hippies.)
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To: B-Chan
Badge-lappers report to thread in 3... 2... 1...

Do we really have to have that for every feaking post about a cop? Cripes.

43 posted on 07/03/2009 5:34:47 AM PDT by TangoLimaSierra (To the left the truth looks Right-Wing.)
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To: Conan the Conservative

The short answer is yes. At that hour the bars are closed, so if you’re partying and don’t want to go home you head to Waffle House. My local WH is always packed from 2-4 AM.


44 posted on 07/03/2009 5:47:04 AM PDT by Slings and Arrows (Crazy is the new sane.)
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To: Slings and Arrows
This is nothing but an unfortunate (continuation of a long uninterrupted string of ongoing and rapidly increasing) isolated incident (s involving out of control law enforcement attacks on innocent citizens.

Nothing to see here.(if you know what's good for you). Move along citizen.


45 posted on 07/03/2009 5:58:14 AM PDT by Dr.Zoidberg (Warning: Sarcasm/humor is always engaged. Failure to recognize this may lead to misunderstandings.)
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To: B-Chan

That’s punk-ette to you Mister. heehee

Note: I don’t hate LEOs, what a weird statement. Shows what you don’t know.


46 posted on 07/03/2009 6:25:39 AM PDT by Shimmer1 (Navy blue)
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To: Shimmer1

I was being sarcastic! Sorry!


47 posted on 07/03/2009 7:02:54 AM PDT by B-Chan
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To: TangoLimaSierra

Yep.


48 posted on 07/03/2009 7:22:38 AM PDT by B-Chan
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To: B-Chan

not this time, big guy.


49 posted on 07/03/2009 7:25:53 AM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: ASOC
I’ll say - free food for the cops!!!!!!! Un-fricken-belivable.

It's never safe to feed wild animals. You may think they'll be grateful and become pets, but one day their savage nature will assert itself.

50 posted on 07/03/2009 7:54:34 AM PDT by Oztrich Boy (Competent small-government conservative = close enough for government work)
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