Lawyer: Family of Cedar Creek student shocked by Taser worried he will die

Lawyer: Family of Cedar Creek student shocked by Taser worried he will die photoStatesman – by Ciara O’Rourke

The parents of a Cedar Creek High student who is in a coma after he was shocked by a Taser at the school this week are fearful he could die, a lawyer for the family said Friday.

Adam Loewy, who is representing 17-year-old Noe Nino de Rivera’s family, said the teen has a traumatic brain injury as a result of falling and hitting his head after a Bastrop County sheriff’s deputy shocked him with a Taser during a fight at the school Wednesday.  

“If he does recover, or survive, he will absolutely not be the same person,” Loewy said.”It’s just a terrible, terrible tragedy.”

Lawyer: Family of Cedar Creek student shocked by Taser worried he will die photoOfficials have said that Rivera was injured as two deputies who work at the Bastrop school district as resource officers — Randy McMillan and Timothy Stalcup — were trying to stop a fight between two female students in the high school’s hallway.

Sissy Jones, a spokeswoman for the sheriff’s office, said Thursday that Rivera tried to interfere, did not listen to deputies and acted aggressively.

“He looked as though he was ready to fight,” Jones said.

McMillan then shocked Rivera with a Taser, she said.

He has been reassigned to patrol pending an investigation into what happened.

Rivera was taken to St. David’s Medical Center, where a cousin said he had an emergency surgery.

He could also face three criminal charges in connection with Wednesday’s incident, according to Jones: interference with public duties; resisting arrest, search or transport; and assault.

“I do not believe for a second that he was being aggressive,” Loewy said. “This officer was way out of control.”

Some Cedar Creek students and parents have said that students are walking out of class to support Rivera. Online, they’re protesting McMillan using a Taser against the teen with a #PrayForNoe hashtag.

Bastrop school district spokesman Donald Williams confirmed that some students were walking out because it was a “National Walk Out Day” but that a group of those students had indicated that they were walking out in connection to what happened Wednesday.

Chance Medina, a sophomore at the high school, estimated that about 150 to 175 students walked out, with 30 to 35 of those students protesting what happened to Rivera. Some were carrying signs that said “#PrayForNoe,” he said.

Around 10:30 a.m., the students left the building and walked around the campus or went to a football field. By about noon the principal announced that only a few students remained at the football field, Medina said, encouraging the rest of the student body not to join them.

http://www.statesman.com/news/news/crime-law/lawyer-family-of-cedar-creek-student-shocked-by-ta/nb2ck/

5 thoughts on “Lawyer: Family of Cedar Creek student shocked by Taser worried he will die

  1. I have never understood the question of Why? Why are there police stationed at any public school…grade and high!…..A University might want their own campus security…makes some sense there! The problem of police in schools will only be improved when the school boards, the superintendent of schools and the individual school superintendent,..all do their job and that 1st is to teach/via/demand….that students behave in a manner of respect to themselves and each faculty.member….This part of education comes first, before the consideration of class room curriculum or text book selection….All my years in public school, it would not have been thought….that the police would ever be there….for anything….
    School boards got lazy. Superintendents got lazy….call in another person to do their jobs for them….thats how this cops in school’s came about. Cops? they’d be the worst organization to ask to do this…..
    As for tazers in general….they should be illegal for anybody to use, police, also.

    1. It’s a control thing rb – maybe same as “in country” [INS, DHS] hwy check points, TSA, etc. – here in So. Cal. the schools are virtual lockdowns, the highschools in this area appear like minimum security prisons, wherein wire and bar entry gates are locked (and maned with tasers apparently) during and after classes – I know you’re up there in Montana (BTW – I was just up there in Sheridan WY last week re-reviewing what the hell I’m still doing down here) and may not have seen this police state crap lately, but, I can assure you it exists – big time – those little cherubs (50% illegals here) are herded in and out like inmates – I wonder how they even comply with the fire codes having all those fences and gates

  2. Hi STFB…..school boards have the 1st…obligation to their elected positions, and 2…the authority to end all this…
    Have superintendents who will, can, manage the ed system of which they are hired to do…..And I know it exists, stfb…it exists right here in Billings Mont…where I live….Having police do this is not a positive solution to operating and managing a public school system….any where..in the world…My opinion!
    Personal responsibility can not be taught to young people via ramming it down their throats….as though they, have no mind of their own and are therefor in prison…just due to their age and attending a school….of higher learning, I might add…

  3. “He looked as though he was ready to fight.” There you have it, even your looks are a crime.

    My heart totally goes out to this young man AND his family.
    My middle finger goes out to these cops.

  4. “He could also face three criminal charges in connection with Wednesday’s incident, according to Jones: interference with public duties; resisting arrest, search or transport; and assault.”

    Ahh….the infamous “interference with public duties” scam. The universal charge. They just love using that one for anything and everything when they have absolutely nothing else on you.

    Just like when I was arrested in Round Rock, TX because the cop had no reason to search my car. So after arresting me, he couldn’t figure out what to charge me with since I did nothing wrong other than enforcing my 4th article rights. So he breaks out the “interference with a public servant/duties” charge and I spent a night in jail and extorted out of $2000.

    That charge is so unconstitutional and is the reason we have so many abusive cops who think they are god and so many innocent people in prison. That and every other damn penal code ought to be banned forever.

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