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Elkhart County prosecutor: Taser use appropriate

March 29, 2010|By KIM KILBRIDE Tribune Staff Writer

ELKHART — When Elkhart Police arrived at the West Hively Avenue apartment of Delano Smith on the morning of Jan. 6, the 22-year-old was extremely distraught. He appeared to be biting at a wound on his own arm, as well as dipping his head into a sink full of water and blood and then putting exposed electrical wires into his mouth, Elkhart County Prosecutor Curtis Hill said today. After Smith began throwing objects at officers on the scene, he was Tasered three times. He died a short time later at Elkhart General Hospital. Hill said today that Smith’s death has been ruled a homicide, but he has found that the officers’ actions were reasonable, appropriate and necessary to try to prevent Smith from further harming himself. An autopsy conducted by Dr. Joseph Prahlow concluded that Smith died of delirium (acute exhaustive mania) related to underlying schizophrenia and manic depression with a contributing factor of police confrontation and restraint. On the morning of Jan. 6, police were summoned to Smith’s apartment about 7:20 a.m. by a neighbor who reported hearing him screaming and breaking glass, Hill said. Upon arrival, Officer Bruce Anglemyer of the Elkhart Police Department heard Smith screaming loudly. There also was "evangelical" music blaring from his apartment, according to Hill. Cpl. Norm Friend arrived less than a minute later, and both of the officers approached the apartment from the common hallway and found potted plants dumped out and Smith’s door standing open. Two more officers arrived and they repeatedly asked Smith to stop injuring himself, Hill said. Eventually, Smith began throwing items at officers. Sgt. James Buchmann used a Taser on Smith, but it did not appear to have any impact on him, Hill noted. Anglemyer and Officer Michael Price then both deployed their Taser guns at Smith, who slowly went to his knees, then down on the floor. Medics were already standing by, Hill said, and they took Smith to Elkhart General. He was pronounced dead there at 8:10 a.m. According to Hill, Prahlow said Smith’s death could have occurred from excited delirium alone even without the interaction with police. Furthermore, the autopsy did not reveal inappropriate drug use, according to Prahlow. In a news release, Hill said, "While it is quite unfortunate that this apparently troubled young man is dead, and while the actions of the officers may have inadvertently contributed to his death, the actions taken by the police officers to subdue Mr. Smith were reasonable, appropriate, and necessary in an attempt to prevent his further harm." Staff writer Kim Kilbride: kkilbride@sbtinfo.com (574) 247-7759

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