Summit County deputies shock man with a Taser three times at apartment
January 9, 2019
Deputies with the Summit County Sheriff's Office tased a Park City man last week after, prosecutors say, he threatened his roommate with a mallet during a dispute about rent and then later resisted arrest.
Jose Trinidad Patino-Perez, 55, was charged in Summit County's 3rd District Court on Friday with aggravated assault, a third-degree felony, and interfering with an arresting officer, a class B misdemeanor. Aggravated assault, the most serious charge, is punishable by zero to five years in prison and a $5,000 fine.
Court documents allege that, when a person renting a room to Patino-Perez at an apartment complex in Kimball Junction approached him on Jan. 1 about rent, Patino-Perez responded by raising a mallet and threatening the other person.
Two days later, on Jan. 3, deputies responded to the apartment complex after Patino-Perez had allegedly locked himself in a room in the apartment, according to a report from the Sheriff's Office. It was believed that he had a knife, the report states. He briefly exited and stepped out into the hallway when deputies arrived, but then tried to retreat back into the room.
Lt. Andrew Wright, with the Sheriff's Office, said Patino-Perez struggled with the deputies and laid on the ground, refusing to present his hands to be cuffed. He said deputies then made the decision to shock him with the Taser in the center of his back.
"He continued to struggle and resist so there was a second activation of the Taser," he said. "He continued to fight deputies and was able to pull away and was tased a third time. He finally fell to the bedroom floor and they were able to get him in handcuffs."
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Each trigger pull of a Taser lasts five seconds, Wright said. He added, "If after that five seconds the person has not complied and the deputy feels it necessary to hit that trigger again, they have that option."
It is not believed that Patino-Perez was under the influence of drugs or alcohol at the time of his arrest, Wright said. Medical personnel cleared him before he was transported to the Summit County Jail.
Patino-Perez was still in custody as of Monday afternoon. His bail was set at $5,000. Public defender John Johnson was appointed to Patino-Perez's case on Monday. Johnson did not respond to a request for comment.
The incident marks the second time deputies have had to deploy a Taser to subdue a suspect in recent months. Last month, a West Valley City man was tased after he allegedly attacked several people in Kimball Junction. At the time of the incident, Wright said he could not remember the previous time a deputy had to tase someone to gain compliance.
"There are a ton of different scenarios where a deputy might deploy their Taser," he said. "They are trained to use the least amount of force necessary to arrest or gain control of someone. If they resist to the point where they won't show us their hands and get on the ground and we can't pry their hands to get them in handcuffs, our next option would be using a Taser."
Deputies believed that Patino-Perez had a weapon in his room based on the threats that were made, Wright said. He said the deputies felt like deploying the Taser was the best option after Patino-Perez allegedly refused to comply.
The Sheriff's Office will conduct an internal review of the situation based on the deputies' report. Wright said body camera footage will be reviewed as well to ensure the deputy took the appropriate actions. The report will be reviewed by a supervisor and ultimately a division commander.
"It is about accountability and making sure that we are holding ourselves accountable," he said. "We have to make sure we are doing things within compliance of laws and people's rights. Anytime we have to use force, we can then look at that to determine whether we were in compliance or if we need to provide further training, or if the actions were egregious we can hold that deputy accountable."
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