LUBBOCK, TX (KCBD) - Day one in a taser lawsuit against the City of Lubbock is over.
In July of 2006, L.J. McCallan was pulled over by Lubbock Police Officer Marsh Blackmore. Blackmore tased McCallan during a traffic stop, because the officer said McCallan was noncompliant and resisting authority. McCallan took the stand on Tuesday, and testified he had no idea he was being pulled over.
The attorney for L.J. McCallan, in his opening remarks, said that they are suing the City of Lubbock Police Department because they chose not to adopt specific rules and regulations for using tasers. They are also suing Marsh Blackmore for failure to follow police guidelines. They are also suing for medical expenses and punitive damages.
McCallan claims that back in July of 2006, he didn't know he was being pulled over. He said he never heard sirens or saw lights. Despite the dash cam video showing the sirens and lights were in place, McCallan stated the first time he saw Officer Blackmore was when he was at his car door.
McCallan says he didn't have time to react before he was tased. LPD's attorney, George Thompson, said in opening statements that the evidence will show McCallan had been drinking and was resisting being pulled over.
The jury was shown the dash cam video from Blackmore's vehicle. The majority of the video did not have the audio, because Blackmore did not turn on the microphone, which is a Lubbock Police policy violation.
Lubbock Police Chief Dale Holton testified that, based on McCallan's resistive behavior, he believes using the taser was reasonable.
The trial will resume on Wednesday morning. NewsChannel 11 will continue to follow the trial and will bring you the latest as it becomes available.
©2009 KCBD NewsChannel 11. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Excessive Use of Force Lawsuit Filed Against LPD
The Lubbock Police Department is facing five different counts in a civil lawsuit. Some of those counts in the lawsuit filed Monday, include excessive force, inadequate hiring or training and conspiracy.