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In man's death, 'we failed' Two officers fired, two on leave after mentally ill man's death Victim was punched, dragged and hit with Taser 12 times Chief vows to refresh training, recruit more veteran officers In-custody deaths involving Tasers

Omaha World-Herald - 6/13/2017

Twelve electric shocks by a Taser - each five seconds long.

Three of the jolts when the mentally ill man did not resist.

Multiple punches to the head even as he sat motionless and unarmed.

The troubling actions by two Omaha police officers Monday morning while they attempted to control Zachary Bearheels, who later died, violated numerous policies, Police Chief Todd Schmaderer said in a Friday afternoon press conference.

Officer Scotty Payne, who used the Taser on the handcuffed man, and Officer Ryan McClarty, who dealt the blows, were recommended for termination, The World-Herald learned. Schmaderer could not say which of four officers involved in the crucial parts of the encounter with Bearheels were being fired, for legal reasons.

"In this incident, despite our extensive training, we failed," Schmaderer said. "The Omaha Police Department made a mistake on this occasion, and we're doing whatever we need to to correct it."

If Schmaderer's decision to fire the two officers is confirmed by the city's Human Resources Department, Payne and McClarty can appeal to the Personnel Board or through an arbitration hearing.

The chief said all officers will receive refresher training, and the department plans to beef up field supervision and recruit veteran law enforcement officers from other agencies.

Schmaderer said inexperience was a factor in the fatal encounter outside the Bucky's convenience store at 60th and Center Streets.

"It did not appear that anybody took charge of this call," he said. "We were with Mr. Bearheels for almost an hour ... and that's too long."

Bearheels, 29, was not breathing and had no pulse when he was taken to the Nebraska Medical Center, where he died.

Each of the four officers has had less than five years on the force. But Schmaderer said all four had received extensive training on use of force, de-escalation techniques and dealing with the mentally ill.

Officers Jennifer Strudl and Makyla Mead, who were at the scene before Payne and McClarty arrived, have been placed on paid administrative leave pending an internal investigation.

Much of the encounter was caught on cruiser cameras, but video and audio will be released either after a grand jury decision or during a potential criminal court case.

Douglas County Attorney Don Kleine said that, depending on what the evidence shows, he could decide to charge officers on his own without going through the secret grand jury proceeding. He is awaiting autopsy results and police reports to determine whether to file charges.

In general, Kleine said, excessive force cases could lead to an assault charge - or a manslaughter charge, if the use of force is believed to have caused the person's death.

Schmaderer said Bearheels' death was not caused by blunt-force trauma.

Mitchell Chalepah, Bearheels' brother, said he thinks Payne, McClarty, Strudl and Mead all should serve jail time for their roles in his brother's death.

"They took my brother's life away," he wrote in a Facebook message. "He was just trying to come home, that's all. He just wanted to come home. (I) want JUSTICE for my big brother."

McClarty, Mead and Strudl did not return calls Friday seeking comment. Payne referred a reporter to his attorney, but declined to provide the lawyer's name.

Schmaderer opened and closed his Friday press conference offering "sincere condolences" for Bearheels' family.

Tasers, he said, are a less lethal option officers can use before resorting to deadly force. Police are trained to deploy a Taser three times - any more is a "risk of health concerns," Schmaderer said. If the three shocks do nothing, then officers should move on to other tactics, according to their training.

Bearheels was shocked with a Taser 12 times, the chief said, most of those while he was in handcuffs.

"When you have somebody in handcuffs, oftentimes it's best just to get a bunch of people around him and control it," Schmaderer said.

Bearheels was kicked off a bus that was taking him to Oklahoma City last Saturday, just before midnight. He is bipolar and schizophrenic, family members said, and was not taking his medication.

Officers first encountered Bearheels in the Aksarben area at 3:50 p.m. Sunday outside a Brazilian Wax salon where he was licking windows. Officers gave him water and offered to take him to a shelter or a hospital. Bearheels became agitated but did not commit any crime, so he was allowed to leave the area.

Renita Chalepah, Bearheels' mother, was expecting her son to arrive in Oklahoma City at 12:30 p.m. Sunday. She called Omaha police Sunday night to report him missing.

Strudl and Mead were dispatched to the Bucky's convenience store at 6003 Center St. at 12:36 a.m. Monday because Bearheels was refusing to leave.

Strudl arrived first, at 12:40 a.m.

Strudl has been trained as a crisis intervention team officer who received advanced certification in dealing with mentally ill adults.

Schmaderer said Strudl used some recommended tactics - speaking calmly, softly and clearly - in her encounter with Bearheels. His speech was garbled and unintelligible.

Strudl and Officer James Mosby were able to put handcuffs on Bearheels without incident and put him in the back of a cruiser.

Strudl spoke on the phone with Renita Chalepah for 23 minutes. Mead arrived and called a sergeant, who said there was insufficient justification to detain Bearheels or place him in emergency protective custody.

Kleine - whose office handles mental health commitments in the county - said he would like to know what the officers knew and relayed to the sergeant.

Bearheels' behavior could have qualified him for a trip to a mental health facility, Kleine said.

Under state law, authorities can seek a commitment if the person is a danger to himself or others.

Officers decided to follow Chalepah's request to take Bearheels to the bus station.

Bearheels was in the cruiser for 36 minutes. When Strudl opened the door to put Bearheels' seat belt on him, Bearheels leapt out of the car and walked away.

Payne, who had just arrived at the scene, joined Mead and Strudl in trying to maintain control over Bearheels, who was 5-foot-9 and 250 pounds. They requested backup at 1:32 a.m., and McClarty arrived three minutes later.

The four officers tried to move Bearheels back to the cruiser, and Payne warned him he would be shocked with a stun gun. The officers tried to carry Bearheels, Schmaderer said, but he broke free and landed on his feet.

After additional warnings, Payne loudly announced, "Taser, Taser, Taser" and discharged the Taser, which hit Bearheels in his abdomen and right thigh. The shocks "did not effectively incapacitate Mr. Bearheels," the chief said.

For Schmaderer, the disturbing actions began when McClarty dragged Bearheels by his ponytail and waistband toward the cruiser.

Payne continued to activate the Taser. Bearheels then ended up in a seated position with his back against the rear of the cruiser. For the next minute and 45 seconds, as Bearheels sat on the ground and offered no resistance, the chief said, Payne activated the Taser three times.

"These are egregious violations of the Omaha Police Department's policy, procedures and training on use of force and the use of a Taser," the chief said.

Bearheels was able to pull his left hand out of the handcuffs and turned toward McClarty, swinging his arms and kicking his legs. In the process, Bearheels ripped skin off his hand.

McClarty hit Bearheels in the head multiple times with his fists, Schmaderer said. While McClarty delivered the blows, the chief said, Payne activated his Taser.

"Video showed Mr. Bearheels to be motionless on the final few strikes," Schmaderer said, "which is in direct violation of our policies and culture at the Omaha Police Department."

Bearheels was placed on a gurney, his hands cuffed to the rails. Inside the rescue squad, he stopped breathing and didn't have a pulse.

He was pronounced dead at 2:16 a.m., about an hour and a half after Strudl first encountered him.

Renita Chalepah, Bearheels' mother, could not be reached for comment Friday evening. Mitchell Chalepah said his mother was "terribly hurt."

Victor Chalepah, Bearheels' uncle, praised the chief online for his openness: "At least he had guts to admit wrong for the department ... and that deserves some respect."

Zachary Bearheels

29-year-old died after encounter with Omaha police

Two officers fired

Each had less than five years on the force

Officer Scotty Payne

Officer Ryan McClarty

Two officers on leave

Officers Jennifer Strudl and Makyla Mead placed on paid leave pending an investigation.

Two critical minutes

1:38 a.m.

(Officer Scotty) Payne loudly announces "Taser, Taser, Taser" and uses his Taser multiple times. ... They do not incapacitate (Zachary) Bearheels.

(Officer Ryan) McClarty pulls Bearheels to the ground, grabs his ponytail and arm and tries to drag Bearheels to the cruiser. ... Payne continues to activate the Taser.

McClarty and (Officer Makyla) Mead get Bearheels to the ground ... in a seated position.

For 1 minute, 45 seconds, Bearheels sits on ground with his legs out and offers no resistance. Payne shocks him three more times, unprovoked.

1:40 a.m.

Bearheels gets his left hand out of the handcuffs, swings his arms and kicks. McClarty responds by delivering fist strikes to his head. ... He then mounts Bearheels and punches his head repeatedly. While McClarty punches, Payne activates his Taser. In all, Bearheels is shocked 12 times.

TIMELINE PROVIDED BY OMAHA POLICE

11:35 p.m. Saturday

A bus stops in downtown Omaha, and Zachary Bearheels, 29, is not allowed back on the bus due to his conduct and a complaint from another passenger. He had been traveling from Murdo, South Dakota, to Oklahoma City. Bearheels is seen on video leaving the bus station at 11:50 p.m.

3:50 p.m. Sunday

Police are dispatched to the Brazilian Wax salon at 6307 Center St. after a person calls 911 to say a man is licking the windows of the salon. Responding officers give the man, identified as Bearheels, water, repeatedly offer medical attention and ask if he wants to be taken to a shelter. Bearheels drinks the water and becomes agitated. Officers say he appears to be under the influence of drugs and mentally ill. The officers have no reason to detain Bearheels and he is allowed to leave.

10:28 p.m. SUNDAY

Bearheels' mother, Renita Chalepah, calls Omaha police to report her son missing. She tells the officer her son has schizophrenia and is bipolar.

12:36 a.m. Monday

Authorities are called to the Bucky's convenience store at 6003 Center St. because Bearheels is refusing to leave.

12:40 a.m.

Officer Jennifer Strudl arrives and sees Bearheels dancing in front of the store. Officer James Mosby is in the area and stops to assist. Bearheels' speech is garbled and he displays signs of impairment. When asked for identification, he suddenly raises his hands to his head and steps toward Strudl.

12:41 a.m.

Bearheels is put in handcuffs without incident.

12:43 a.m.

Officer Makyla Mead arrives.

12:51 a.m.

Mosby leaves to go to another location to assist other officers. Police Chief Todd Schmaderer said Bearheels posed no risk at that time.

12:54 a.m.

Bearheels is put in the back of a cruiser, where he stays for the next 36 minutes. Strudl consults with Sgt. Erik Forehead, who determines there is insufficient justification to detain Bearheels or place him in emergency protective custody.

1:03 a.m.

Officers call Bearheels' mother and talk to her for 23 minutes. She asks that he be placed in a crisis center until she can pick him up. Ultimately, she and the officers decide Bearheels will be taken to the bus station instead.

1:27 a.m.

Officer Scotty Payne arrives. Strudl tells Bearheels that she is taking him to the bus station.

1:30 a.m.

Officers open the cruiser door to put a seat belt on Bearheels. He gets out, still in handcuffs, and starts to walk away. Three officers try to get control of him, pushing him into an outdoor display of bottled water in front of Bucky's.

1:32 a.m.

Police at the scene request assistance from additional officers.

1:35 a.m.

Officer Ryan McClarty arrives. While the four officers try to move Bearheels to the cruiser, a struggle ensues. McClarty pulls Bearheels to the ground and holds him as Payne warns that the Taser will be used on him.

As each officer holds a limb they attempt to carry him to the cruiser. Immediately upon lifting Bearheels he breaks free, still handcuffed, and lands on his feet.

Payne announces loudly, "Taser, Taser." Bearheels replies with an expletive. Payne warns him two more times that he would be shocked.

McClarty closes in on Bearheels and grabs him. Another struggle ensues and Bearheels breaks free again.

1:38 a.m.

Payne loudly announces "Taser, Taser, Taser" and uses his Taser on Bearheels multiple times. The probes go into Bearheels' abdomen and thigh. They do not incapacitate him.

McClarty pulls Bearheels to the ground, grabs Bearheels' ponytail and arm and tries to drag Bearheels to the cruiser. The Taser probes are still attached to Bearheels, and Payne continues to activate the Taser.

McClarty and Mead get Bearheels to the ground outside the cruiser, in a seated position with his back against the rear tire.

For 1 minute, 45 seconds, Bearheels sits on the ground with his legs out and offers no resistance. Payne shocks him three more times, unprovoked. After the Taser completes its first five-second cycle, Payne steps toward Bearheels and says, "You're gonna get it again," according to a police account of the incident.

1:40 a.m.

Bearheels gets his left hand out of the handcuff, swings his arms and kicks at McClarty. McClarty responds by delivering fist strikes to his head and attempts a neck restraint. He then mounts Bearheels and punches his head repeatedly. While McClarty punches, Payne activates his Taser. In all, Bearheels is shocked 12 times.

1:42 a.m.

An officer contacts dispatchers, requesting a sergeant, an ambulance and another cruiser. The officer says, "We have a very combative party."

While the officers wait for assistance, they pin him down. Bearheels can be heard making noises and yelling.

1:45 a.m.

Other officers, including Sgt. Forehead, arrive and take over. Bearheels continues to struggle. Flex cuffs are used to prevent him from kicking officers.

1:49 a.m.

Fire and rescue personnel arrive. Bearheels is handcuffed to a gurney. Medics advise police he has stopped breathing and does not have a pulse.

2:02 a.m.

Bearheels is transported to the Nebraska Medical Center with CPR in progress.

2:16 a.m.

Bearheels is declared dead.

In-custody deaths involving Tasers

December 2005

David L. Moss Jr., 26, died after officers tried to subdue him with a Taser. He was struck by a Taser more than once, but it was ineffective in subduing him. Omaha police officers found him outside a north Omaha home growling and salivating. He was unarmed. Police said the Taser didn't function correctly and Moss was hit by only one of the two probes, which did not produce a debilitating effect. An autopsy determined that Moss had a toxic level of PCP in his body, and a grand jury found no criminal wrongdoing in his death.

August 2007

James C. Barnes, 21, died four days after being struck by a Taser. Barnes, who was mildly mentally disabled, was standing next to an open second-story window and fell out of the window when shocked by the Taser. A grand jury cleared the two officers of wrongdoing, and a federal judge threw out a wrongful-death lawsuit.

September 2008

Gabriel Bitterman, 23, was hit by a Taser after he ignored Lincoln police officers' orders to drop a knife. Bitterman had cut himself with the knife and forced his girlfriend into a bedroom at knifepoint. A grand jury cleared the officer who used the Taser, and an autopsy determined that Bitterman died from asphyxiation.

February 2016

Alex Zoucha, 31, died after Bellevue police used a Taser on him. Police say Zoucha was raging and screaming about Jesus, the devil and his grandmother while in a street in a residential area. Zoucha was shocked multiple times. He stopped breathing and died within the hour. An autopsy determined the cause of death was "excited delirium" with contributing factors of abuse of two over-the-counter cough and allergy medicines. The Bellevue officers involved were cleared by a grand jury.

Omaha officers who left force following in-custody deaths

OCTOBER 1997

Officer Todd Sears fatally shot Marvin Ammons. He was cleared by the department's internal affairs unit. A grand jury returned a manslaughter indictment, but it was tossed out because of actions by an alternate grand juror. Sears was cleared by a second grand jury and federal investigators. Sears retired on a service-connected disability pension in May 2003 because he suffered from post-traumatic stress disorder that began after he shot Ammons.

july 2000

Officer Jerad Kruse shot George Bibins in the neck after a stolen vehicle pursuit in north Omaha. Kruse retired a year later because of post-traumatic stress disorder. He was cleared by a grand jury. The department never reached a conclusion about justification because he declined to be questioned by officers heading the internal investigation.

February 2015

Officer Alvin Lugod shot robbery suspect Danny Elrod twice in the back. Elrod had reached into his waistband several times but later was determined to be unarmed. Lugod resigned from the department in March 2015. A grand jury cleared him of wrongdoing.

Victim's funeral pending

Services for Zachary Bearheels have not yet been scheduled, but his body is in Oklahoma City, a relative said. Family members are trying to raise money to cover funeral costs. They have created a GoFundMe page in the hopes of raising $3,800.