The Jefferson County commonwealth's attorney's office has cleared Louisville Metro Police of criminal wrongdoing in the case of a man who died after he was shocked with a Taser in September.
Dave Stengel last month told police by letter that he would not pursue legal action against the officers involved in an incident fatal to 52-year-old Larry Noles.
"I think they acted appropriately," Stengel said yesterday as he made the ruling public.
Noles died Sept. 5 after two officers used Tasers on him while he was standing naked in the middle of the road at Seventh Street and Algonquin Parkway. Police said Noles was agitated and combative.
The incident set off a public outcry from Noles' family and some community activists, who said Tasers, though considered a less-lethal option for police, should be banned.
In November, the Jefferson County coroner's office released Noles' autopsy, which included a medical examiner's ruling that he had been killed by excited delirium and not the Taser.
Excited delirium, also known as Bell's mania, typically affects people with a history of mental illness, alcoholism or drug addiction.
Stengel said in his review of the case that he determined officers tried to talk with Noles as he stood in the middle of the street yelling at passing cars and disrobing. They asked Noles to come with them to the hospital.
Stengel said one of the officers showed Noles the Taser, told him what it was and warned him that he would have to use it if Noles did not calm down.The Taser was used three times, Stengel said. The first two times, it made direct contact with Noles, but had little impact, Stengel said. The third time, the Taser was fired and released its two probes, which connect to the person and conduct 50,000 volts of electricity.
Stengel said that even after the third shock, Noles struggled on the ground.
"I saw no place in there at all that came close to criminal wrongdoing by police," Stengel said.
Stengel said he reviewed witness statements, in-car police video, the autopsy report and discussions with the medical examiner to make his decision.
After Stengel's ruling on Dec. 13, the officers involved in the incident -- Michael Campbell and Matthew Metzler -- were returned to active duty. They had been on paid administrative leave during the public integrity unit investigation.
The incident is still under review by the department's professional standards unit, which investigates whether officers followed department policy, said Maj. Tim Emington, the commander who oversees that unit.
Emington said investigators are waiting for more information and expect to have the case completed in the next couple of weeks. It then will be reviewed by command staff and the police chief to determine whether any internal action should be taken.
Neither of Noles' sons could be reached for comment yesterday, but they have previously said that they believe the Taser contributed to their father's death. They have said they plan to have their own medical assessment done.
"If it wasn't for that Taser, he and I would be talking right now," Noles' oldest son, Lenny Brown, said in November. "They didn't have to do what they did to him."
Beth Wilson, executive director of the American Civil Liberties Union of Kentucky, said the organization believes that departments around the country should stop using Tasers until better medical research is available.
"We believe there is growing evidence … that Taser use can be problematic," Wilson said. "There have not been good, independent research results made available at this point."
Louisville police have said that its training department will review the professional standards case to see whether any changes are needed in how officers are trained to use Tasers.