'Culture of impunity': Texas cops who Tased deaf man face civil rights lawsuit

A pair of lawsuits filed in federal court accuses police officers in San Marcos, Texas of civil rights violations for excessive use of stun guns in two separate incidents, including on a deaf man, reported KSAT on Wednesday.

"Police used a Taser weapon against John Kelley, who is deaf, in May 2019 while he was walking along a highway frontage road, body-worn camera footage obtained by KSAT Investigates shows," said the report. "Through an American Sign Language interpreter, Kelley told KSAT he was walking away from his family’s vehicle near the Interstate 35 access road and Davis Lane after having a disagreement with his wife."

"He later learned that someone who saw Kelley and his wife, who is also deaf, signing to each other, called 911 and reported a possible physical disturbance," said the report. "Footage obtained by KSAT shows three officers approaching Kelley from either side of him and from behind, repeatedly yelling for him to stop before two officers used their Taser weapons on him."

According to the report, "the officers’ description of what took place contradicts the body-worn camera of two of the officers," with the police reports they filed saying Kelley had his hands tucked under his torso, but footage showing his hands up. According to the suit, “No attempt was made by police to communicate with John in a manner in which he could understand, despite him signing that he was deaf." This is despite the fact that the three officers, Andrew Wisener, Basil Pierce and John Dehkordi, all completed training courses on interacting with hard of hearing drivers.

The other case involves a man, Albian Leyva, who was a passenger in a car pursued by police over a convenience store theft. According to records, Leyva was compliant, but two officers used Tasers on him anyway.

Policing issues have been a subject of bitter dispute in Central Texas. In Austin, which is just up the road from San Marcos, several officers were charged with illegal excessive force while controlling protesters in 2020, and Gov. Greg Abbott has floated pardoning the officers involved.