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Dog Walker Taser Incident Judgment Due Out Today

The National Park Service will release a 280-page report on the January incident where a man walking his dog off leash was hit with a taser by a park officer.

 

According to the Half Moon Bay Review, the long awaited internal review of where a National Park Service ranger used her taser on and arrested a Montara man after she stopped him for walking his dog off leash in the Rancho Corral de Tierra Golden Gate National Recreation Area is set to be released today. 

The 280-page document by the U.S. Department of the Interior will judge whether the ranger, who the National Park Service would not name prior to today's release, followed proper procedure and used appropriate force on Jan. 29, the Review reported. 

According to the ranger, she deployed her taser against Gary Hesterberg because he refused to cooperate, provided her with a false information when she asked him his name and attempted to leave the scene after she told him to stay put. 

The incident sparked a tumult of public backlash, escalating to the point where Congresswoman Jackie Speier released a statement that called into question the ranger's actions. 

"From the information I have to date, it does not appear that the use of a taser was warranted,” she said in February. 

For our back coverage of the incident, head to our topic page

Pacifica Patch reader Julianna Wahlmeier wrote a calling for the National Parks Service to name the ranger, apologize and assure local dog walkers they were safe from harm in national parks. Area dog advocates also of the incident. 

What do you think? Based on previous coverage, was the ranger in the right in using her taser on Hesterberg?

heste May 08, 2012 at 03:23 AM
Dogbert is right on the money
Antiestablishmentarian May 08, 2012 at 04:16 AM
MEMORANDUM OF POINTS AND AUTHORITIES 1.  Arrest is presumed to be false; officer has the burden of proof The only thing the plaintiff needs to plead and to prove if alleging false arrest, is either (1) that the defendant made an arrest or imprisonment, or (2) that the defendant affirmatively instigated, encouraged, incited, or caused the arrest or imprisonment.Burlington v. Josephson, 153 Fed.2d 372,276 (1946).----------------- “When the plaintiff has shown that he was arrested, imprisoned or restrained of his liberty by the defendant, “the law presumes it to be unlawful.”People v. McGrew, 20 Pac. 92 (1888); Knight v. Baker, 133 P. 544(1926).-------------- “The burden is upon the defendant to show that the arrest was by authority of law.“McAleer v. Good, 65 Atl. 934, 935 (1907); Mackie v. Ambassador, 11 P.2d 6 (1932).------------- “Any arrest made without a warrant, if challenged by the defendant, is presumptively invalid…the burden is upon the state” to justify it as authorized by statute, and as not violative of constitutional provisions.State v. Mastrian, 171 N.W.2d 695 (1969); Butler v. State, 212 So.2d 577 (Miss 1968).-------------- “As in the case of illegal arrests, the officer … must keep within the law at his peril.”Thiede v. Scandia, 217 Minn. 231, 14 N.W.2d 400 (1944).--------------- NO matter what the report says, this is the law regarding arrest, at least a little bit of it.
Antiestablishmentarian May 08, 2012 at 04:26 AM
AND, If you dont' like that...Well how about some of this action, Officer Jumpy TASER::: “An illegal arrest is an assault and battery.  The person so attempted to be restrained of his liberty has the same right, and only the same right, to use force in defending himself as he would have in repelling any other assault and battery.”State v. Robinson, 72 Atl.2d 262 (1950). “An arrest without warrant is a trespass, an unlawful assault upon the person … where one is about to be unlawfully deprived of his liberty he may resist the aggressions of the offender, whether of a private citizen or a public officer, to the extent of taking the life of the assailant, if that be necessary to preserve his own life, or prevent infliction upon him of some great bodily harm.”State v. Gum, 69 S.E. 464 (1910). “Every person has the right to resist an unlawful arrest … and, in preventing such illegal restraint of his liberty, he may use such force as may be necessary.”Columbus v. Holmes, 152 N.E.2d 306 (1958).
Antiestablishmentarian May 08, 2012 at 04:27 AM
OR THIS? 18 USC § 242 - Deprivation of rights under color of law. Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
james nickerson May 31, 2012 at 12:27 AM
i am disabled for life because of NPS rangers out of control, i can relate. There are other cases where Rangers locally has acted inappropreately. They are NOT Peace Officers under CA Law. Yet local authorities treat them as if they are.

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