Man shot with Taser had history of cases

By: JO MORELAND - Staff Writer
February 23, 2007

VISTA ---- Court records show that a man who died after being shot twice with an electric stun gun during a struggle with sheriff's deputies in Vista had a lengthy history of cases involving area law enforcement officers.

Martin Mendoza, 43, was hospitalized after the Sunday night incident. He was taken off life support systems Wednesday night at Tri-City Medical Center, his family said.

It was the first time someone has died after deputies used a Taser on an individual since the San Diego County Sheriff's Department started using the electrical shock weapons in early 2006, sheriff's Capt. Glenn Revell said Thursday.


"It is a tragedy," Revell said about Mendoza's death.

Records at the North County courthouse in Vista with Mendoza's name and birthdate show 10 criminal cases involving domestic violence, drug possession, driving under the influence and traffic violations.

The court records show that Mendoza was sentenced to up to five years' probation and sometimes less than a year's jail time in the mostly misdemeanor cases that started in 1998.

Two include misdemeanor charges of corporal injury or battery against two women Mendoza was allegedly living with at different times in North County.

In a 1998 case, the alleged victim asked that no restraining order be issued for Mendoza, and the woman's request was granted, a court document said. The defendant completed a court-ordered domestic violence program.

However, a domestic violence charge filed in October 2004 by the second woman resulted in the issuance of a restraining order against Mendoza, according to the file. A judge ordered the defendant to "totally abstain from all alcohol."

The records showed at least three court cases with charges of driving under the influence of alcohol, and one stemmed from driving while his license was suspended for a prior drunken driving conviction.

Two charges of drug possession were filed for small amounts of heroin Mendoza allegedly had in 2000 and cocaine in 2005.

Information wasn't readily available on a San Diego misdemeanor case handled by the city attorney's office.

Revell said the Sheriff's Department will look at Mendoza's death as part of the critical incident review the department always does when there is a need to review policies, procedures, training or equipment.

In addition, he said, the sheriff's homicide unit is now investigating Mendoza's demise as an "in custody death." Homicide detectives always investigate the death of anyone while in sheriff's custody.

"There could be a temporary stand down (of the department's use of Tasers), but I don't anticipate that decision being made," Revell said. "We're trying to determine all the circumstances of this death to try to determine all the factors that caused this loss of life."

Revell said the department doesn't know that Mendoza's death was related in any way to the use of the Taser.

An autopsy was performed Thursday to determine the cause of death. An investigator said the cause of death wasn't available, "pending further studies."

Mendoza's daughter, Jasmine Martinez, said her father had a lot of bleeding from his head, and doctors told her they didn't know if that was caused by his head hitting the pavement or by the Taser.

Martinez, who had recently renewed her relationship with her father, said she wasn't aware of any significant court cases involving him.

"I know of one time that he was stopped by police and they impounded his car," Martinez said. "I know that he was recently in jail for some traffic tickets."

As far as the sheriff's in-custody death investigation, Revelle said, that requires an attempt to "accurately recreate all of the circumstances."

"I'm aware that his behavior at the time of the contact was described as somewhat bizarre," the captain said.

Homicide detective Lt. Dennis Brugos said earlier this week that Mendoza had phoned the Sheriff's Department and said that "someone was out to get him," but no evidence was found to support that.

Mendoza appeared to have some "mental instability" and when he was placed in the back of a patrol car he began kicking the rear window, Brugos said.

He said that as Mendoza struggled with deputies who then tried to restrain him, the Taser was used once. It was ineffective, so deputies used it again to control Mendoza, Brugos said.

When the deputies realized Mendoza, handcuffed and back in the patrol car, had stopped breathing they removed the restraints and started first aid, including cardiopulmonary resuscitation, authorities said.

Although law enforcement agencies often describe Tasers, which deliver a 50,000-volt electrical shock, as a "less lethal weapon," there have been more than 150 deaths after the device was used on someone in the United States since June 2001, according to the Web site of Amnesty International.

However, as of Nov. 9, 2006, 26 wrongful death or injury lawsuits brought against Taser International Inc., based in Scottsdale, Ariz., had been dismissed or decided in favor of the company.

The number of people who have died in this county after a Taser was used on them, either of suffocation or other reasons, was not immediately available from the county medical examiner's office.

Contact staff writer Jo Moreland at (760) 740-3524 or jmoreland@nctimes.com.

http://www.nctimes.com/articles/2007/02 ... ogcomments

Comments On This Story

Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.

wow wrote on February 22, 2007 10:07 PM:"ahh get over it everyone....just another day in vista! "

MorallyGoofy1 wrote on February 22, 2007 10:22 PM:""History of cases" ??? Gee, what a surprise !!!"

LOVE 4 ALL wrote on February 22, 2007 10:22 PM:"Cant we just all get along! forgive and forget thats what Jesus would want you to do!"

Osider wrote on February 22, 2007 10:26 PM:"It almost sounds like the Taser hasnt really been researched enough to determine the overall effect on a human. It sounds like we need more research by the federal government rather than a private entity. "

KL wrote on February 22, 2007 10:31 PM:"Imagine that...he was a wife beater and a drug addict. Has anybody realized that of all the deaths related to the Sheriff's Dept In Vista that not one of the deceased was a productive member of society. I mean all you people claiming to be scared of the Sheriff its simple...don't do drugs and commit crime and you will not find yourself in a confrontation with the police. It's that simple."

dutch wrote on February 22, 2007 11:16 PM:"A criminal history of drugs, alcohol, and domestic violence??? People are too quick to judge law enforcement. Do you really think a deputy wants to get sued and risk losing his/her house? Come on people, let the deps do their jobs and stop trying to make these unfortunate cases into some type of Rodney King episode!!!"

Excessive force wrote on February 23, 2007 2:58 AM:"An unarmed man kicking out a window sounds like a case for rehab and a fine - not shock treatment. I thought that was out the window in the '70s after One Flew Over the Cuckoo's Nest. "

Randy wrote on February 23, 2007 3:44 AM:"This article is specifically designed to dehumanize and denigrate the dead man. Why not mention that he was engaged to be married, like the San Diego Union's article does? Your reporter should have investigated more thoroughly and even-handedly."

gimmeabreak wrote on February 23, 2007 5:25 AM:"So, the point of this article is? He had a record, so he was less fit to live? His "record" made him more vulnerable to taser effects than a guy with a clean record? That he's faking his death to get back at the Sheriff for personal gain? Unless an autopsy report comes back and says the guy's blood was full of some substance(s) and that the combination of that plus the taser did him in, this story is little more than piling on a dead guy. Come on, people, stop de-humanizing. "

Mimi wrote on February 23, 2007 6:35 AM:"I hope everyone is not suggesting that a history with the Sheriff's dept. means it is ok for him to die. "

US Citizen wrote on February 23, 2007 6:58 AM:"It would be interesting to know what the toxicology report states."

esteban wrote on February 23, 2007 7:19 AM:"Wow..Osider wants the Fed Gov't to research the taser instead of a private entity....usually the anti coppers don't want the gov't to investigate anything for fear of a cover up!!!!! Anyway, KL has it right. The only people that need to fear the cops are criminals, low lifes, and losers. The less of those around the better."

Vista Granny wrote on February 23, 2007 7:24 AM:"To KL -- death sentences for non-productive members of society? An OK idea for you? The Taser is a terrible thing, often lethal. Unfortunately, the NRA thinks everone should have a gun, and so the sheriffs often shoot first (gun or Taser) and ask questions later. "

Skip wrote on February 23, 2007 7:24 AM:"The way the authors always say that a man with the same name and birthdate, make me wonder if anyone really knows who this man was. Was he an Illegal Alien?"

citizen wrote on February 23, 2007 8:14 AM:" So he had a history with the "authorities". Is there any relevance at all? Why print it except to sway public opinion against him? The issue is that the Sheriff's deputies used overkill, again, and literally."

Meat wrote on February 23, 2007 8:31 AM:"I suppose this vitiates all potential liability on the part of the officers. "

Sepp wrote on February 23, 2007 8:49 AM:"Nice post Dutch regarding the Rodney King referrence. "

A'notherO'sider wrote on February 23, 2007 8:50 AM:"To Osider: Just what we need.....more research. Look at the facts......delusional, combative, non-compliant....what are the Deputies supposed to do? Go on a ride-along and see what law enforcement faces each shift. "

Excessive boy wrote on February 23, 2007 8:51 AM:"Okay, lets say the dude is allowed to kick out the window and hurts himself and bleeds to death. People like you would be crying foul over that too. Go back to your Marijuana grow and comb your hair. "

Jimmie wrote on February 23, 2007 8:51 AM:"You couldn't pay me enough money to be a cop and protect people who wouldn't give me the time of day."

To: Excessive & Randy wrote on February 23, 2007 8:52 AM:"Kumbaya, Kumbaya"

Why Taser? wrote on February 23, 2007 9:04 AM:"Why did they need a taser? I think the cops should have just let him kick the windows out and then got into a physical fight with him. Who cares if the deputies get injured? That's their job, right? They get paid to get injured and crippled. We don't care about them or their families. Violent people should be treated with kid gloves so that they calm down .maybe if we don't yell at them, they won't bother us or hurt us, we don't want to upset them after all."

Ken wrote on February 23, 2007 9:16 AM:""Randy" You are right in your3:44am post. Before any action was taken to subdue a violant, out of control man, the Sheriffs Deputies should have taken a complete medical, psychological and criminal history to determine how to handle the situation appropriately. How positively rude and rash of them not to have done so."

Alf wrote on February 23, 2007 9:18 AM:"Let "Excessive force" demonstrate the proper way to handle the situation. "

LIN in o'side wrote on February 23, 2007 9:45 AM:"I agree with gimmeabreak. What this story is telling us is that it's okay for for the sheriff's to have "accidently" killed someones son/father/partner/friend because he had a history with law inforcement. Thats really sad. For anyone who has common sense they'll know that this article isnt gonna make the Sherrif who did this look any better. He really screwed up. First guns now tasers, whats next????"

Sean wrote on February 23, 2007 9:49 AM:"Ain' this a dandy? Dividing topics according to two side?s of the perennial fence we all linger around shows vast differences between rationality and stupidity. On the left we have bleeding-heart liberals and their formidable foe to the right stands, well, non-morons. This clown cared nothing for himself. Stop giving him undue credit for the sake of "humanity". Osider...another thought provoking jab of a joke you laid out today. You're going to get hammered for that one but it's still funny."

Top Cop wrote on February 23, 2007 9:54 AM:"Let's see violent, kicking out windows, history of Domestic Violence and drugs. Sounds like another good citizen from Vista.RIP"

I can hear the theme music to the NFL! Dat dat dat daaaa! wrote on February 23, 2007 10:05 AM:"Can't you hear it? Is it football season again? Oh that's right right, it's only Feb. So it must be a little "Monday Morning Quaterbacking!!! The cops did thier job! This guy died because he is violent and angry and non compliant!"

Jimmie is right! wrote on February 23, 2007 10:08 AM:"Most people could care less about the cops. Or the military for that matter! They want the calvary to come when they are in a jam, but god forbid they hurt someone who is acting like an animal! Deputies I am behind you. Keep up the great work! You have a tough job and we recognize that!"

Think wrote on February 23, 2007 10:21 AM:"Most of us will go through our entire lives without having a physical confrontation with a law enforcement officer, yet this guy's rap sheet was as long as his arm. Why should there be any sympathy shown for a serial law breaker who got his kick's by beating women and also was a hazard to all of us by driving while drunk? Face it, there are some individuals in our society that will never value life - either their own or yours and mine - and will somehow find a way to live this world long before their time. This guy Mendoza was the perfect example of such a person. "

I agree with think wrote on February 23, 2007 10:48 AM:"This guy is getting too much credit that he never earned. So he was a breathing human being! What about all the other breathing human beings who he terrorized! The other human beings he so selfishly risked. How about the human beings who wear a badge and protect us all! What about them! They have rights too! Like the right to remain safe and go home to their families! The taser is an option that allows the police gain compliance! In lieu of their batons or their guns, etc. If he didn't doe from that, he would have died from something else! This guy was on a crash course to killing himself or someone else. We should all rejoice he didn't kill someone else, and stop trying to make him the martyr he never was or even a decent man!"

Chubton wrote on February 23, 2007 10:51 AM:""had history of cases"...Oh, then it's okay that he was killed by taser on the street."

Dear Jo wrote on February 23, 2007 10:56 AM:"The issue isn't the number of deaths AFTER THE USE of a taser, the issue is the number of deaths CAUSED by a taser, and the answer there is already available. That number is 'zero'. By failing to understand the difference, you're misreporting the story. There are thousands of deaths every year in this country that involve white vehicles, but that doesn't mean white paint kills. Amnesty and the ACLU are engaging in the same logical fallacy of assuming causality when there isn't any. I'd expect it from them, because advances their agenda. But I'm somewhat stunned that a reporter would uncritically fall for it. "

esteban wrote on February 23, 2007 11:18 AM:"Dear Jo....outstanding point!!!! Obviously, you GET IT. The idiots cry excessive force when the cops shoot violent men, so the cops bend and get Tasers, a less lethal option. Then some nut doesn't get shot, but Tazed...and dies anyway! Cops can't win. Next the idiots will try to take away hand cuffs."

robert wrote on February 23, 2007 11:25 AM:"Will everyone just wait for the final report. The officers did their job right or wrong! so let's wait until the investigation is complete!!! Thank you and have a Blessed day !"

StevieB wrote on February 23, 2007 11:29 AM:"Guns and tasers should be taken away from the police force immediately! Herbal tea, Yanni CD's and warm blankets will be used in their place. That way, when one of these 'misunderstood free spirits' gets high, whoops on his woman, kicks out a squad car window, etc, they can sooth his sweet soul with a little tea, new age music and a nice warm blanky..."

GotIt! wrote on February 23, 2007 2:05 PM:"If Mr Mendoza were quietly walking down the street, stopped by a cop, then Tasered because he objected, THAT would be excessive and unreasonable. As it stands, Mr. Mendoza was behaving both violently and irrationally at the time -- irrespective of any prior bad acts. The cops did what they thought would subdue the subject. Unfortunately, due to perhaps past medical problems, Mr. Mendoza subsequently died. I submit that had Mr. Mendoza complied with the officers instead of "acting bizarre" and resisting arrest, he would be alive today. Second-guessing an officer's action in this case is not productive. "

To Alf from Excessive Force wrote on February 23, 2007 2:09 PM:"Get shatterproof windows in the back of patrol cars. That's just ONE WAY!"

To Alf from Excessive Force wrote on February 23, 2007 2:23 PM:"Handcuff the guy and remove his boots. I doubt the guy would pull a Billy Jack and kick out the window with bare feet."

Question wrote on February 23, 2007 2:27 PM:"Is there any PROOF the guy actually tried to kick out the window. Was it broken? Or, are we just taking the cop's word on this as usual? "

Excessive force wrote on February 23, 2007 2:31 PM:"I'll bet there is not a scratch in that patrol car's rear window. Hmmmm? Where's the evidence the guy was actually trying to escape and even if he was, if the window wasn't shattered, how could he flee? There are some serious facts missing here."

Dream World wrote on February 23, 2007 2:33 PM:"Like I mentioned to my friends. This guy must have had prior incidents with law enforcement. Sure enough! To the Deputies involved.... You did nothing wrong. Continue to serve our community as you have been. Thank You for watching out for us and protecting us."

To Chubton wrote on February 23, 2007 2:34 PM:"In my opinion - yes. Good people do not have "history of cases"."

Excessive force wrote on February 23, 2007 2:51 PM:"So, Chubton, I guess the police should cruise the streets Tasering to death all the 'bad' people so we can save on court costs? Is that the answer?"

Skip wrote on February 23, 2007 3:31 PM:"I could have sworn that our deputies were trained in the Vulcan Nerve Pinch. All they had to do was walk up behind him and give the pinch, and then gently guide him to the ground. "

Add Your Comments or Letter to the Editor