A Pennsylvania man claims Chester police Tasered him and ended up puncturing a lung after he suffered a seizure.
Darren Scott, 48, is being held at the Delaware County jail in lieu of $100,000 bail on charges of aggravated assault on a law enforcement officer and resisting arrest.
Scott was ordering food at Two Js Sandwich Shop on March 12, when an employee, Betty Bagnato, said his eyes rolled back in his head. She said she grabbed him by his clothes so he wouldn’t fall.
His friend, Dawan Cox, says he laid Scott on the floor, then his arms and hands drew up towards his chest and locked. He lay there shaking, unresponsive for several minutes.
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Police and medics arrived and Scott refused to go to the hospital.
"He was disoriented," said his wife Precious Scott, who spoke to him on the phone.
She said he has no history of seizures.
Scott allegedly grew “combative” and kicked a paramedic, Ramona Bucolo. Bucolo, according to the affidavit, told Scott he didn’t have a seizure.
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Enrique Latoison, Scott's attorney, says he did suffer a “grand mal seizure,” commonly associated with epilepsy.
"Seizures can result in someone being unresponsive even to someone in authority," Angela Ostrum, vice president of public policy and advocacy with the Epilepsy Foundation, told Philly.com.
"We look at it from the perspective of what a reasonable police officer would do," said District Attorney Jack Whelan, whose office is investigating the allegations.
A Connecticut man with epilepsy sued the Hamden Police Department in January after he was allegedly Tasered by two officers while he was having an epileptic seizure.
Officers claimed they Tasered Robert Marzullo because he was violent during the incident.
“I think it goes without saying that you don’t Taser someone who’s having an epileptic seizure,” Marzullo’s attorney, Diane Polan, told the New Haven Register.