VT mum 'wanted cops to talk to son about stealing, not handcuff and tranq him

04 February 2024 , 05:37

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The teen had come home with stolen e-cigarettes

After her 14-year-old son returned home with electronic cigarettes that he had stolen from a gas station, a mother from Vermont decided to discipline him by calling the cops, but they may have gone too far.

What transpired that May 20, 2021, served as the foundation for the mother's lawsuit in which she claimed Burlington police discriminated against her Black, unarmed son with intellectual and behavioral issues and used excessive force against him.

In a civil lawsuit filed Tuesday, the American Civil Liberties Union of Vermont shared police body-camera footage with The Associated Press. The footage shows that after he refused to turn over the final of the stolen e-cigarettes, two officers physically coerced him to do so. Cathy Austrian's son was then handcuffed and pinned to the ground as he screamed and struggled.

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The mum's plan to scare her son straight backfired when police used excessive force

The complaint and video claim that the teenager was eventually given a ketamine injection, a tranquilizer, and brought to a hospital. “The police chose to respond to my son with unprovoked violence and use of force, when they could and should have followed their own procedures and used safe, supportive methods,” Austrian said in a statement provided by the ACLU of Vermont, which is representing her case.

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Advocates argue that the experience calls into question whether police are the most qualified to handle situations involving persons with disabilities and mental health issues, and it highlights the necessity of adequate police training in these areas.

Two policemen can be seen speaking gently to the teen while they are sitting on a bed in the footage

Instead of using police to respond to nonviolent mental health crises, an increasing number of American cities are using therapists, EMTs, or paramedics.

The lawsuit claims that Burlington police officers were aware of the teen's difficulties since they had visited the residence previously. According to the lawsuit, Austrian fostered the child—who shared developmental and intellectual impairments with his birth mother—from the time he was five months old until adopting him at two years old.

the 230-pound teen was pinned against the bed by the officers as they forcibly took the vapes

Two policemen can be seen speaking gently to the teen while they are sitting on a bed in body-camera footage. When his mother finds most of the remaining e-cigarettes in drawers, she tries to obtain the final one from him after telling him to cooperate.

The officers tell him he won't be charged if he hands in the e-cigarettes. He stays silent. About ten minutes later, the 230-pound adolescent is pinned against the bed by the officers as they forcibly take the remaining of the e-cigarettes from his grasp by drawing his arms behind his back.

At first, officers were acting appropriately, according to Adante Pointer, a civil rights lawyer in the San Francisco Bay region, by talking about the repercussions and making an effort to build rapport.

A city spokeswoman said Burlington investigated and found that officers and fire department EMTs acted according to city policy and state law and regulations.

'We expect to vigorously and successfully defend against the allegations,' Samantha Sheehan said in a statement Wednesday.

Mataeo Smith