VISTA -- Deputies fired electric stun guns 13 times as they tried to subdue a man -- who slipped into a coma and later died -- during a February confrontation in Vista, according to the data recordings in the Taser guns.
It is unclear how many Taser shots made contact with Martin Mendoza, 43, of Oceanside during the Feb. 18 incident. Deputy Medical Examiner Jonathan Lucas, who performed Mendoza's autopsy, said Monday that there was evidence that Mendoza had been hit at least two times, and possibly three times, with barbs from a particular type of Taser shot.
However, because not all Taser contact leaves a mark, and not every Taser shot effectively hits the target, there is no way to tell how many times Mendoza may have been shocked with Tasers during the confrontation, Lucas said.
"There's no way to know that at all. I can't know that, law enforcement can't know that," Lucas said. "There's just no good way to answer that question."
Mendoza's death has garnered attention in part because it happened in Vista, where Latino activists have loudly criticized the Sheriff's Department's use of force. The outcry peaked after the summer of 2005, when three men were fatally shot by deputies during a five-day stretch.
After those shootings, the department expanded its use of Tasers, considered to be a less-lethal weapon.
Mendoza's autopsy report said he continued to struggle with deputies after the Taser was used.
Lucas, the pathologist, also said Monday that it's possible some of the markings left by the Tasers could have healed during the three days Mendoza was hospitalized before he died, and thus would not be apparent in an autopsy.
The findings about the number of Taser firings were provided to the North County Times late Friday by the San Diego County Medical Examiner's office.
Reached on her cell phone in Texas, Mendoza's 25-year-old daughter, Jasmine Martinez, said she was concerned by the number of Taser shots fired, even if not all of them hit her father.
"I don't even know what to think of it. That's pretty harsh," Martinez said. "Thirteen times is just a ridiculous amount."
The San Diego Sheriff's Department has no policy on the number of times a suspect may be shocked with an electric stun gun, said Lt. Jim Bolwerk, the commander of the department's weapons training unit.
"Every situation is specific, and the circumstances are always unique and novel in any use of force situation," Bolwerk said.
Gary Vilke is an emergency room doctor with the UC San Diego Medical Center, and he has conducted research on the effects of stun guns. Vilke, who is considered an authority in the field, said there is no formal recommendation for a maximum number of times a person should be shot with a stun gun.
Investigators can tell that the Tasers were fired 13 times during the confrontation at a service station in Vista because the stun guns record information about the number of times they are fired and the duration of each shot.
Three of the 13 stun gun shots fired that night were what is known as a probe or barb shots, in which the target is shot with two small hooks attached to a wire and then a shock is administered, according to the autopsy report.
The autopsy report states the remaining 10 Taser shots were likely what is known as "drive stun" shots, during which the Taser is placed directly on the skin or clothing of the target and fired.
The first round of Taser shots on Mendoza lasted less than a minute, and included two shots that were 5 seconds long and one that was 3 seconds long. Those two shots were said to have had no effect on Mendoza, according to the autopsy report.
When another deputy discharged his Taser for 9 seconds, Mendoza "was described as going rigid," according to the report. The deputy then fired a close contact drive stun for about 5 seconds, and then handed the Taser to another deputy. Eight additional discharges followed, each about 5 seconds long, in a two-minute period, the autopsy report states. Each of those shots was likely a drive stun, investigators concluded.
Between the stuns, Mendoza is described as "thrashing and kicking," according to the autopsy report.
After deputies were able to restrain Mendoza, they noticed he was not breathing and called paramedics. Mendoza was hospitalized, and then taken off life support systems three days later.
Mendoza's blood, taken moments after his arrival at the hospital, showed methamphetamine in his system, as well as a blood alcohol content of 0.15 percent.
The narrative of the events as described in the autopsy report came from a number of sources, including medical records, Taser data readings, statements from the deputies involved and the investigation done by the medical examiner's office.
Mendoza suffered a loss of oxygen to the brain after a Taser gun and maximum restraint techniques were used on him while he was under the effects of acute drug and alcohol intoxication, leading to death, according to the autopsy report.
Mendoza, who had drugs and alcohol in his system, came into contact with deputies at 10 p.m. on Feb. 18, after Mendoza called 911 from a service station at 145 North Emerald Drive to report that "someone was out to get him."
Deputies found no evidence to support the 43-year-old tile setter's allegation that night that someone was trying to harm him, and his bizarre behavior eventually landed him in the back of a patrol car, where he tried to kick out the windows.
When a deputy opened the door, according to an investigative narrative by the medical examiner's office, Mendoza lunged at him and then fell out of the car.
The three deputies on the scene tried to restrain Mendoza, but he fought back. According to the investigative narrative, one of the deputies deployed his Taser, but the shots were ineffective on Mendoza.
Another deputy used his Taser gun with success, but Mendoza continued to fight. According to the investigative narrative which accompanies the autopsy report, deputies continued to use Tasers on Mendoza, and "made a total of six contacts."
After Mendoza was placed in a four-point restraint, he was rolled onto his side. Deputies realized he was not breathing, began administering lifesaving efforts and called paramedics.
The manner of death in Mendoza's case is listed as homicide, indicating only that the death was caused by someone else. The listing does not implying any criminal wrongdoing.
Since Mendoza was in custody at the time, his death is being investigated by the sheriff's homicide detectives. Lt. Dennis Brugos, who leads the homicide investigation squad, said Monday that the probe has not yet been completed. Once it is complete, it will be turned over to the District Attorney's office, which investigates all such cases for any possible criminal wrongdoing.
Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
Posted in Local on Tuesday, May 1, 2007 12:00 am Updated: 9:08 pm.
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