Crime & Safety

Officers Cleared in Death of Tasered Man

A man being apprehended by deputies suffered a heart attack after being Tasered 16 times while they struggled to arrest him.

San Bernardino County Sheriff’s District Attorney investigators say there is insufficient evidence that four deputies are criminally liable for the death of a man they arrested.

Allen John Kephart, 44, of Crest Park, was struggling with deputies Ismael Diaz, Michael Gardea and Jerred Besheer, and Sgt. Bryan Lane on May 10 when he died from a heart attack. Officers applied the Taser to the suspect a total of 16 times, DA officials said. Kephard died a short time after he was restrained.

The incident began about 3:15 p.m. Diaz told DA investigators he had been waiting facing north at a stop sign at Daley Canyon Road and Highway 189 in the mountain town of Crest Park near Twin Peaks, waiting to make a left. He attempted to turn after a white truck passed by, but was almost hit by a black Honda CRV that came up behind the vehicle, according to Diaz’ testimony.

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The deputy said he followed the vehicle for nearly a mile. At one point, the official called in a failure to yield. But the driver, later identified as Kephart, pulled into a Valero gas station Highway 18.

Diaz told authorities he stepped out of his patrol car with his gun drawn and loudly ordered the driver to place his hands out the window.

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Kephart reportedly yelled back, but the only word the deputy understood was “carwash.” When Kephart finally complied, the deputy ordered him out of the car.

What followed was an exercise in confusion, according to the DA’s report.

After he stepped out of the car, Kephart was ordered to face away from Diaz. Instead, he turned toward the deputy. After several orders, he finally did turn away from the official, but then quickly turned back.

Diaz ordered Kephart to his knees but later told investigators that Kephart muttered something he did not understand. Based on his size – Kephart weighed 392 pounds – and the appearance of swelling in his calves, Diaz let him stand.

But when the officer tried to put the handcuffs on him, Kephart resisted. The 185-pound deputy wrestled the man as a crowd gathered. Compounding Diaz’ problem was the fact that the handcuffs did not wrap around Kephart’s wrists.

The deputy tried to use the Taser on Kephart to subdue him, but the device malfunctioned. Sgt. Lane arrived at the scene and tried to help subdue Kephart and used his Taser, but it was not effective. According to the report, Lane activated the Taser eight times.

As they applied the flex cuffs, Kephart’s breathing became labored Lane instructed the deputies to check on their suspect. He was moved onto his right side. Besheer, who had medical experience, could not find a pulse, officials said. The flex cuffs were cut and CPR was administered until medical personnel arrived, according to the report.

According to the report, it was “Kephart’s obligation to submit to their legal authority, to follow all reasonable commands, and to cease any active resistance. Kephart failed to meet these obligations. Force was employed. However, no weapons were used other than Tasers.”

Kephart suffered no internal injuries in the struggle, officials said. His injuries consisted of superficial, external abrasions.

“It was the unfortunate combination of Kephart’s pre-existing health condition and the duress of the struggle that triggered a heart attack,” officials said.


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