Southlake officers disciplined after using Taser on DWI suspect
http://www.star-telegram.com/news/local/community/northeast-tarrant/article101215492.html
A patrol officer has been demoted and another was suspended for a day after a Keller woman was stunned with a Taser in March before her blood was drawn, according to the police chief and the motorist.
Cpl. Brian Fitzgerald was demoted to the rank of officer while Officer David Tatsak was suspended without pay for a day.
“As Chief of the Southlake Police Department, I expect our officers to uphold the highest standards of accountability within our community,” Southlake Police Chief James Brandon said in an email.
Hannah Fossier, 21, of Keller has told the Star-Telegram she repeatedly refused to have blood drawn on the night of March 20, but officers stunned her twice, and then got a nurse to draw her blood.
“I must have told them at least 10 times no,” Fossier told the Star-Telegram in a May telephone interview. “One officer said if you don’t cooperate, I’m going to Tase you, and he did.”
Brandon has declined to comment on whether officers had a warrant to draw blood from Fossier. Generally, a warrant is needed by officers in Texas to draw blood when a motorist refuses, according to local defense attorneys.
Jail records and Fossier gave this account:
Fossier said she was driving home from her job in Southlake when she was involved in an accident in the 400 block of Pearson Lane. Records indicated she is a cashier at Victoria’s Secret in Southlake.
No serious injuries were reported as a result of the crash.
Fossier said she failed a field sobriety test at the scene.
“I told them that I would submit to a Breathalyzer, but I didn’t want blood drawn,” Fossier told the Star-Telegram in May. “The officer said they didn’t do Breathalyzer, and that we were going to the hospital for blood.”
Fossier said she didn’t know where the officer took her. A major area hospital is Texas Health Harris Methodist Hospital Southlake.
“Two officers held me while a nurse tried to draw blood, but I kept telling them no,” Fossier said. “An officer Tased me once, and then a second time. Then they got my blood.”
Jail records showed that Fossier was arrested at 8:46 p.m. March 20.
Fossier was freed after she posted $1,000 bail shortly after her arrest.
Tarrant County court records indicate Fossier was charged with driving while intoxicated April 5. Records were not available showing her blood-alcohol level.
“I had bruises from where they held me down,” Fossier said. “I never gave them permission to take my blood.”
A trial for Fossier is pending.
“The next day I was made aware of concerns with the arrest by police department staff, so I immediately initiated an internal investigation,” Brandon said in a May email.
The officers were disciplined this summer.