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 Post subject: LAWYER TAZERED
 Post Posted: Wed 13 Sep 2006 10:22 
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MORGANTON, NC.

Jailers Hit, Use TASER On Lawyer
BY SHARON McBRAYER
smcbrayer@morganton.com
Monday, September 11, 2006


MORGANTON - A local lawyer was charged with assault, jailed and shot with a TASER Saturday night.
Officers say he assaulted a woman and was drunk and disruptive during the Historic Morganton Festival.

Victor Nosrat Yamouti, 40, of Morganton, was charged by the Morganton Department of Public Safety with one misdemeanor count of assault on a female, drunk and disruptive conduct and resisting arrest.

Yamouti says he was charged because officers and others involved want to humiliate him. He says he never should have been charged and that once he was taken to jail, he was hit with batons, shot with a TASER, stuck in a cell and not allowed to make a phone call until about 5 a.m.

Yamouti denies being drunk and says he was never given a breathalyzer to prove he wasn't intoxicated. Public Safety Major Billy Bradshaw says the only time a breathalyzer is administered is when someone is driving a car or one is ordered by a judge.

Yamouti was taken into custody around 8:40 p.m., according to an arrest report from Public Safety. Yamouti also says he has marks on his thigh, elbow and right calf from the incident at the jail.

Officers at the Burke-Catawba District Confinement Facility shot Yamouti with a TASER once and hit him twice with an aspbaton, says Major Mike Metcalf, who works at the jail.

Metcalf says officers used the TASER and baton because Yamouti would not follow orders and was combative.

He says an inmate's behavior determines whether the inmate can make phone calls.

The incident happened after Yamouti and a bail bondsman got into an argument, Yamouti and law enforcement officers say.

Yamouti says he was sitting in a friend's law office when he had a disagreement with the bail bondsman about another lawyer.

Yamouti says he was assaulted and dragged out of the building.

According to an arrest warrant, Amy Whitesides of Andy Williams Street says Yamouti assaulted her "by placing both hands on her face."

Yamouti says he never touched Amy Whitesides. He says he is confused by the incident.

"I'm sickened by the whole thing," Yamouti says.

Burke County Sheriff's Detectives Rodney Norman and Jody Price were helping with crowd control during the festival. They were responsible for keeping the sidewalks along Green Street clear, Norman says.

Norman says as he was patrolling, he saw a commotion and heard people telling Yamouti he needed to leave.

Norman says he was going to lead Yamouti away from the crowd. Price arrived and took Yamouti by the hand. He says that's when Yamouti jerked away from Price and both men fell into a bush.

Yamouti admits he might have pulled away from Price. He says he has a right to resist an unlawful arrest.

Yamouti's court date is set for Oct. 27.

This story can be found at: http://www.morganton.com

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 Post Posted: Wed 13 Sep 2006 14:56 
 
three cheers for the jailor....taze all the attorneys around


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 Post Posted: Wed 13 Sep 2006 15:42 
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Seems to me the attorney has some grounds for some civil lawsuits here.

What's frightening is the fact that the jailers have so much authority and can violate a person's civil rights without any accountability.

Just think for a moment that maybe the attorney is telling the truth here ? That maybe we don't know the whole story here ? I'll reserve my opinion one way or the other until I know more about what is happening...like any good investigator/cop does..waits until all of the facts are in..regardless of a person's occupation.

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 Post Posted: Thu 14 Sep 2006 08:38 
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I would have to agree with that Ruffin. Many times we have seen it turn around on us after a first run of the story to find a completely different scenario was actually the truth. I will have to wait and see how this turns out before I could give my opinion one way or the other.


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 Post Posted: Fri 15 Sep 2006 22:13 
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I suspect that the Jailer's were justified, it's often the so called "upstanding citizens" like attorney's and executives that are outraged that anyone would dare to arrest them, so they become combative or uncooperative.

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 Post Posted: Sat 16 Sep 2006 07:24 
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Chuck, that is the way that it goes here in the county that I live in. We have had firefighters and police officers from other cities, counties arrested for drunken and violent behavior and it turns into "where is the professional courtesy?" . They put their hands in front of their faces when the jailers are trying to photo them argue over getting printed and have even gone so far as to strike our arresting officers - I don't think that they should be treated any different than joe blow on the street.
But hey - like the ones here they usually just give them a fine and they never even have to appear in court. Clears my bond.

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 Post Posted: Sat 16 Sep 2006 08:36 
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On the flip side of that opinion I know of a jailer that begs inmates to say anything when he tells them to be silent just so he can dispense his Tazer. He points it at inmates all the time and told me he can't wait to hit them with it since he has been certified and knows how it feels.

So you never know if the jailer in this case just hated lawyers enough due to a custody case, divorce etc. enough to get even. Hey there is some instances where I would love to see most lawyers get Tazed :D


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 Post Posted: Tue 19 Sep 2006 08:21 
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Mindtracker wrote:
Seems to me the attorney has some grounds for some civil lawsuits here.


Indeed. The part about getting to use the phone depends on your behaviour is a redflag. A (presumed innocent!) detainee is allowed to exercise constituitional rights based someone's opinion of their behaviour??


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 Post Posted: Wed 20 Sep 2006 09:50 
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This is the same thing I see around the USA as a use of force instructor the Taser is a great advance in less lethal force but it’s not the cure all. Officers are more and more afraid to get their hands on someone. I blame poor training and the caliber of officers that are being hired today. While this new technology is here and has had benefits it also has had a negative affect on how LE departments are seen in the use of such technology in their use of force policy. There is a difference between a combative and Assaultive person and control and restraint should be used in the combative phase of an arrest if this goes to the next level of Assaultive behavior to the officers then can use OC or asp or Taser would be an option depending on the departments policy of when the Taser should be used. Just my $0.02

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 Post subject:
 Post Posted: Wed 20 Sep 2006 10:53 
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chris1760 wrote:
This is the same thing I see around the USA as a use of force instructor the Taser is a great advance in less lethal force but it’s not the cure all. Officers are more and more afraid to get their hands on someone. I blame poor training and the caliber of officers that are being hired today. While this new technology is here and has had benefits it also has had a negative affect on how LE departments are seen in the use of such technology in their use of force policy. There is a difference between a combative and Assaultive person and control and restraint should be used in the combative phase of an arrest if this goes to the next level of Assaultive behavior to the officers then can use OC or asp or Taser would be an option depending on the departments policy of when the Taser should be used. Just my $0.02


Some depts (I think it was CA) encourage going straight to Tazer over fisticuffs and remote tazer (with shooting darts and wire) even better. My own dept thought of them as torture devices and would not allow us to carry them period.

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