KXAN: Deaf couple suing San Marcos PD for excessive force
KXAN News in Austin reported that a deaf couple, John and Mary Kelley, is filing a lawsuit against the City of San Marcos and four police officers for excessive force from an incident on May 25, 2019.
KXAN said that on that day, John and Mary were driving after dinner with their three children when they got into an argument. John got out of the car and walked away to a parking lot. Mary pulled the car into the parking lot. Someone saw them arguing and called the police.
John said two police officers showed up and that when he tried to say he was deaf, he got tasered on his back, ribs, and near his eyes. The lawsuit document said officers held him down and kicked him in the torso multiple times, causing him to black out.
KXAN showed images of John’s wounds on his body and did an interview with the couple.
[Video clip from KXAN News]
KXAN also showed a screenshot of a police officer writing on a Notes app explaining to Mary that they wouldn’t have tased John if they knew he was deaf. Mary explained that the police officers left after an ambulance came.
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The law firm representing the Kelleys is Hendler-Flores Law in Austin, who has represented deaf people in the past, including Tyree Talley, who was seriously injured from projectiles fired by Austin police officers last year as he peacefully protested on a street.
The link to the KXAN article is in the transcript. We know that this is a situation that could have become deadly, especially if one of the officers decided to use a firearm instead of a taser.