FDLE review backs police in Tasering

A UF student was zapped during an appearance by John Kerry.

By SHANNON COLAVECCHIO-VAN SICKLER and STEPHANIE GARRY, Times Staff Writers
Published October 25, 2007

University of Florida police attempt to remove student Andrew Meyer from a campus forum where Sen. John Kerry was speaking on Sept. 17.
	[Andrew Stanfill | Independent Florida Alligator]

GAINESVILLE -- The two campus police officers who used a Taser to stun a University of Florida student during a political event last month were justified in their use of force, according to an independent review by the Florida Department of Law Enforcement.

Moreover, statements made by the student, Andrew Meyer, after his Sept. 17 arrest suggest he went into the town hall event with Democratic Sen. John Kerry intending to create a disruption -- and was pleased with the national attention he got.

A UF groundskeeper told FDLE agents he heard Meyer on Sept. 11 promising an unidentified friend that he would "really see a show" at the upcoming Kerry speech. And in phone calls to his father from the Alachua County jail after his arrest, Meyer says he is "happy this has happened" because of the media exposure, according to the FDLE.

UF president Bernie Machen released the 17-page summary of the FDLE's findings on Wednesday, just a few hours after he reinstated Officers Nicole Mallo and William Wise.

They had been on paid administrative leave since shortly after the Sept. 17 incident, which got national attention when it was posted on the video-sharing Web site YouTube -- spawning countless merchandise with Meyer's now-famous "Don't Tase Me, Bro!" plea to cops.

Machen wrote in an open letter to students and faculty members that he is confident in the police force, but he stressed that UF "still has work to do" in balancing campus safety and the law with the need for free speech, "no matter how controversial."

Meyer grew agitated while asking Sen. Kerry questions about the 2004 presidential election and his membership in Yale's Skull and Bones Society. Meyer refused to sit down as officers requested.

The confrontation escalated as officers tried to escort him out of the campus auditorium. At one point, Mallo, Wise and Sgt. Eddie King all tried to restrain Meyer in the back of the room, where he continued to yell.

The officers told the FDLE they did not originally intend to arrest Meyer, but he continued to disrupt the speech and began "flailing his arms and pulling away."

When Meyer broke free from them and charged back toward the stage, he was at that point resisting arrest, Sgt. King told the FDLE.

They wrestled Meyer to the ground as the audience watched and, when they could not control him enough to get both his hands in cuffs, Officer Mallo stunned him for five seconds with her Taser.

Meyer and his attorney declined to comment because there is a criminal case pending.

But the FDLE concluded officers were within law enforcement guidelines for using the Taser because their earlier attempts to control Meyer failed, and he was growing more agitated and resistant. The officers said they did not use pepper spray because it would have been too disruptive to the large crowd gathered.

After Meyer's arrest, Machen created a task force of students and faculty members to re-evaluate how officers handle campus events.

Police Chief Linda Stump said her department welcomes the chance to improve its policies.

Student Jane Strauss, 25, said the investigation doesn't change her mind about the incident. She said even though she thought Meyer was being obnoxious, the officers' reaction was excessive.

"I don't think that unarmed students should be subject to Tasering," she said.

Robert Karwacki, a 23-year-old graduate student in electrical engineering, said he agrees with the FDLE's conclusion.

"He basically came there to cause a ruckus," said Karwacki. "He was just there as an attention seeker."

Shannon Colavecchio-Van Sickler can be reached at svansickler@sptimes.com or (813) 226-3403.

[Last modified October 24, 2007, 22:54:06]