By Mike Linn
Arkansas Democrat-Gazette
PINE BLUFF, Ark. — A deceased man’s mother has filed a federal lawsuit against Jefferson County claiming a sheriff’s deputy shocked her son with a Taser while he was in a large pond, incapacitating him and causing him to drown.
Brett Howie, 36, was wanted on two felony warrants accusing him of missing court dates in 2005 on charges of possession, delivery and manufacturing of a controlled substance. He drowned on Feb. 19, 2007, after fleeing Jefferson County deputies and jumping into a pond at 5517 Ryburn Road outside Pine Bluff.
The Arkansas State Police investigated the death, and Prosecuting Attorney Stevan Dalrymple noted in a May 1, 2007, memo that the Taser darts never contacted Howie, thus had no role in his drowning.
Little Rock attorney Austin Porter Jr. filed the lawsuit Thursday in U.S. District Court in Pine Bluff on behalf of Howie’s mother, Martha Neely, individually and as administrator of Howie’s estate.
The lawsuit lists as defendants Jefferson County, Sheriff Gerald Robinson and Randy Dolphin, the deputy who deployed the Taser.
“Obviously this was a very tragic situation, and I’m out to see justice on behalf of the family,” Porter said.
Porter said it is his understanding - based on the police report and on Neely’s eyewitness account of the death - that the Taser did in fact shock Howie while he was in the pond.
The lawsuit says Dolphin “Tasered Mr. Howie, who in turn became incapacitated due to the electrical shock. As a result of being incapacitated ... Brett drowned in the lake.” Maj. Greg Bolin of the Jefferson County sheriff’s office said Dolphin, a corporal at the time and now a sergeant, is still with the sheriff’s office. He referred additional questions to Hot Springs attorney Bert Newell, who did not return a phone call seeking comment.
A man who answered the phone at the sheriff’s office patrol division said Dolphin was on vacation but that he would try to contact him and ask him to call a reporter. Dolphin did not return the message seeking comment.
Responding to a Freedom of Information Act request, state police spokesman Bill Sadler said in an e-mail that the Arkansas Criminal Investigative Division in Pine Bluff opened a criminal investigation into the death on Feb. 19, 2007, and closed the investigation on April 27, 2007.
He said in the e-mail that Dolphin told authorities he discharged a Taser at Howie “but missed and Howie swam further toward the opposite lake bank, submerged underwater, reappeared on the surface, then submerged a second time.” Jefferson County deputies responded to 5517 Ryburn Road at 6 p.m. on Feb. 19, 2007, in reference to a domestic dispute, according to Dolphin’s incident report.
Once there, a youth informed authorities that Howie was the cause of the disturbance and that he was behind the residence, the police report said.
As Dolphin went behind the residence, Howie fled toward a large pond behind the home as Dolphin followed, the police report said.
Dolphin pursued Howie over a fence and down the bank of the pond, commanding him to stop and threatening to use his Taser, the police report said.
As Howie entered the pond, Dolphin discharged his X26 Taser, cycling it for 3 to 4 seconds before noticing the darts didn’t make contact, the police report said.
Howie swam 50 to 60 feet toward the opposite bank of the pond, turned around to swim back and then turned around again, the police report said.
After being in the water for some time, Howie asked for help while treading water about 25 feet from the bank, the police report said.
Deputies encouraged Howie to keep swimming to the bank, and Dolphin told Howie if he tried to fight arrest at the shoreline he would discharge his Taser, the police report said.
Howie then went under water, surfaced again and went back under water, the police report said.
Dolphin entered the water, which was frigid, to try to locate Howie but was unable to find him, the police report said.
Authorities recovered his body about 7:45 p.m. after dragging the pond.
Dalrymple, in the memo to the Arkansas State Police, did not find any improper actions on the part of sheriff’s deputies.
“The use of the Taser appears to be appropriate,” he continued in the memo. “It should be noted that the Taser, although it was activated, contact with the deceased did not occur.”
Copyright 2010 Little Rock Newspapers, Inc.