DA says no charges for officers in Taser death

By employing procedures learned through Crisis Intervention Training and in an attempt to subdue Saad — a 6-foot-1-inch man weighing 273 pounds who earlier in the evening forcibly pushed his 83-year-old mother to the ground — the four officers acted in accordance with the law, said Wagstaffe.

As the first officer to arrive at the home on the 500 block of Lanyard Drive where Saad lived with his mother, Poveda learned from neighbors Saad had mental health issues and lowered his voice when he invited Saad to sit down on the curb. But after Saad suddenly attempted to punch Poveda, the officer deployed his Taser and struck Saad twice while at the same time telling Saad to put his hands behind his back, an order the man refused, according to the letter.

Poveda managed to handcuff Saad despite his kicking and resisting the officer before the three other officers arrived at the scene and held the man to the ground. Though they ensured he was able to breathe and that he was, in fact, breathing, the officers noticed moments later Saad’s body become less rigid and was non-responsive. Paramedics attending to his mother were unable to revive him with lifesaving measures, according to the letter.

Wagstaffe said there is no other way to describe the incident other than a tragedy beginning when a man with a history of schizophrenia, bipolar disorder, diabetes, high blood pressure and high cholesterol did not take his medication.

“[Poveda] was following every step that they teach officers to do,” said Wagstaffe. “It was just a tragedy that Mr. Saad’s life came to an end.”

The end of the district attorney’s investigation into Saad’s death comes less than a month after a 36-year-old unarmed man, Chinedu Valentine Okobi, died following an altercation with San Mateo County sheriff’s deputies in Millbrae Oct. 3 in which a Taser was deployed multiple times. Wagstaffe expected the ongoing investigation into Okobi’s death to take at least another six weeks, noting the October incident marks the third Taser-related death in the county in less than a year. Three Daly City police officers involved in a struggle with 34-year-old Warren Ragudo Jan. 16 — during which a Taser was deployed — were also found by the District Attorney’s Office to have acted in accordance with the law in April.

Because an autopsy report concluded Saad died as a result of cardiac arrest occurring during physical exertion, physical restraint and Taser, Wagstaffe said the investigation and recent Taser-related events have caused law enforcement officials to try to learn more about the role Tasers played in the incidents. Based on the report available, Wagstaffe noted it’s not clear exactly which of the three causes of death identified caused Saad’s heart to fail and said he’s asked the Coroner’s Office to further investigate each of them.

Because multiple factors could have had a role in each of the three Taser-related deaths this year, Wagstaffe also wondered what effect another non-lethal weapon could have had on the individuals under the same set of circumstances. Though he acknowledged the ongoing debate about the use of Tasers by law enforcement has heightened in the wake of the three deaths, Wagstaffe said it’s ultimately up to city councils and police departments to have those conversations.

Though questions may remain about the use of Tasers among law enforcement officials, for Wagstaffe, what was clear was that four officers responding to a call for help at Saad’s home that night did not break any laws.

“Our hope is that these never occur,” he said. “We know that every so often they do.”

anna@smdailyjournal.com

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