In a recent interview I did with law enforcement trainer Brian Willis, he noted that, based on his conversations with officers across the country, there appears to be a shift away from the use of the TASER and toward increased reliance on the baton, OC spray and empty-hand control — at least anecdotally. Let’s look at why this would be the case.
The Kim Potter case
In April 2021, Officer Kim Potter experienced what’s commonly known as “TASER confusion” when she mistakenly drew her firearm instead of her TASER during a traffic stop, fatally shooting 20-year-old Daunte Wright. It was a tragic error that led to national headlines, criminal charges and a conviction.
Potter was charged, convicted of second-degree manslaughter, sentenced and has since served her time.
In May 2024, I heard Potter speak at the Focus on Force Conference in St. Louis. The event was originally scheduled to take place at a local Hilton hotel, but protesters prompted Hilton to cancel the booking just a few weeks before the event. Fortunately, another venue was secured, and the conference went on as planned.
With a few protesters across the street, Potter spoke. Her first words were an acknowledgment of responsibility for Daunte Wright’s death. She stated that Wright should be alive and that she was the cause of his death. It was probably not the message the protesters outside — or those who have since pressured other training events to be canceled — expected.
Also presenting at the conference was Dr. Bill Lewinski of Force Science, who explained that what occurred in the Kim Potter case was a slip-and-capture error. Dr. Lewinski has described these errors as follows: “These are mistakes made when you think you are doing one thing, but you’re actually doing another — and the result is often the direct opposite of what you intended,” he said. “In effect, your intended behavior ‘slips off’ the path you wanted it to follow because it is ‘captured’ by a stronger response and sent in a different direction.”
Suggestions to avoid slip-and-capture errors include:
- Wearing your TASER on your non-dominant side
- Drawing and using your TASER with your non-dominant hand
Kim Potter followed those recommendations. However, the amount of training you’ve had with each of your use-of-force tools can also impact the likelihood of experiencing a slip-and-capture error. How many times have you drawn your firearm? Your TASER? Your baton? OC spray? If you’re like most officers, your firearm draws likely far outnumber the combined total of all the others. To help mitigate slip-and-capture errors — and to keep motor skills sharp — you should regularly practice drawing each tool on your duty belt equally. Motor skills that aren’t practiced regularly fade, and performance fades with them.
According to Axon, there have been over 5.5 million TASER deployments worldwide, with more than 99% of those deployments resulting in no serious injury. According to The New York Times, there have been approximately 16 known cases of “TASER confusion” in the U.S. Kim Potter was case 17.
Of those 17 cases, six officers have been indicted. Four — including Potter — have been found guilty. In Potter’s case, the matter was originally assigned to the Washington County Attorney’s Office but was later transferred to the Minnesota Attorney General at the request of the county attorney, citing public pressure to charge Potter with murder. Many considered the Potter case a political prosecution.
So, because of a rare occurrence — and an even rarer prosecution and conviction — some officers may now choose not to use the TASER. I consider that another form of “TASER confusion.” Before abandoning a valuable tool based on a rare event, officers should consider the facts and the steps that can reduce the risk of a similar mistake.
- “TASER confusion”-related deaths occur about once per year. Even without knowing the exact number of annual TASER deployments in the U.S., one fatal incident per year is exceedingly rare.
- There are proven training methods to help mitigate slip-and-capture errors. Though rare, “TASER confusion” incidents can be reduced through identifiable and actionable steps: wear and draw the TASER on your non-dominant side; practice regularly, including scenario-based training with all your arrest and control tools and physical skills. It’s your responsibility to maintain professional competence and proficiency.
- The TASER is a proven safe and effective arrest and control tool. Despite misleading headlines like USA Today’s “Police Use of Tasers Ends in Hundreds of Deaths Like Daunte Wright,” the TASER remains a useful and effective use-of-force option. Like any tool, it can fail to have the desired effect. Are you training to immediately transition to another reasonable force option when those failures occur? Realistic expectations lead to realistic training, which leads to realistic results.
- Political prosecutions do occur. What’s the political climate where you work? Officials are elected, and only an election can remove them. Exercise your voting power, advocate for and support officials who align with your values.
To quote my friend and fellow trainer Kevin Davis, “Analysis paralysis and the politics of force cause hesitation and trepidation.” Avoid both types of “TASER confusion” by training — mentally and physically — to respond with clarity and confidence.
