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CMPD Officer Won't Be Charged In Teen's Taser Death

Tuesday, July 8, 2008 – updated: 4:46 pm EDT July 8, 2008

The Mecklenburg County District Attorney's Office said Tuesday a Charlotte-Mecklenburg police officer will not be charged in the death of a teenage grocery worker who died after being shocked with a Taser.

Mecklenburg Assistant District Attorney Marsha Goodenow said Officer Jerry Dawson Jr. was justified in using the Taser on 17-year-old Darryl Wayne Turner.

Goodenow said a video camera showed Turner throwing items at the store manager, then moving toward the police officer. She said it was clear that the officer was doing what he had to in order to stop Turner’s rampage.

“He witnessed the disturbance in progress, he attempted to get the young man to comply. When he didn't, he had to use force,” Goodenow said.

The prosecutor said a big part of her decision was based on the fact that police are trained to use Tasers as non-lethal weapons, and when the officer pointed the Taser at Turner he never intended to hurt or kill him.

An autopsy showed Turner died from cardiac arrest. The report says the teen's heart stopped pumping properly because of the Taser shot and the stress of the confrontation.

It's not clear how many times Turner was shocked, although Goodenow said he was shocked more than once.

Turner family attorney Ken Harris said he disagrees with Goodenow’s assessment of the situation.

“The first issue is your characterization of the Taser as a non-lethal weapon. I believe that's something very much open to discussion,” he said.

Harris also said the videotape from inside the store leaves a lot open to discussion.

“We strongly disagree that Darryl acted in any way that was aggressive or menacing to the officer,” he said.

Harris said Turner’s family is considering a civil lawsuit that could name the makers of the Taser and the police department.

“Our contention will likely be that at the time the officer used force that Darryl did not appear to be a threat to anyone, but we'll let the jury make that ultimate decision,” he said.

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