Sheriff offers new details into Taser-related death

Jenkins (R) said two investigations into the case continue: one by his agency determining whether proper use of force was used and another by the Frederick Police Department into Gray’s death.

According to Jenkins, at 4:54 a.m. on Nov. 18, four people called 911 to report a fight in the area of Gresham Court East in Frederick. The callers complained of people yelling, pushing each other, and falling over parked cars.

The first deputy on the scene, Cpl. Rudy Torres, ordered three men, including Gray, to stop fighting.

Jenkins said while the other two men complied, Gray was “verbally defiant“ and began walking away from Torres with his hands in his pants’ pockets.

“[Gray] was cursing at the deputy ... and said he didn’t have to show his hands,“ Jenkins said.

Gray then turned around toward Torres with his hands still in his pockets. That’s when Torres delivered a five-second shot from his X26 Taser, Jenkins said, and for the next 23 seconds continued to give commands for the 20-year-old to show his hands.

The second five-second shock from the Taser was delivered while Gray was on the ground, Jenkins said, with his hands still not visible to the deputy.

When medical assistance arrived, Jenkins said, Gray rolled over on his right side and coughed while in a near-fetal position. Jenkins said he “appeared to be breathing.“

Jenkins was taken to Frederick Memorial Hospital from the scene, and pronounced dead at around 7:30 a.m.

Preliminary toxicology reports show that Gray had no narcotics in his system, but his blood-alcohol level was .18. The Maryland legal limit for intoxication is .08 if driving a vehicle.

Jenkins said he is not a medical professional, but that alcohol “could probably have an effect on the system and be a direct contributor“ to Gray’s death.

Torres, a 13-year veteran of the Sheriff’s Office, remains on administrative leave with pay until the investigations conclude.

Jenkins called Gray’s death a “tragic loss,“ and repeated his condolences to the family of the Frederick man.

The deputy and Gray had prior contact, the sheriff said, some months ago. While Gray’s family has indicated that Gray was deaf in one ear and had partial hearing in another, Jenkins said he was not certain if Torres knew about the impairment.

“I ... dispute that Mr. Gray was not aware of what was going on or aware of the orders“ to show his hands, Jenkins said.

As the two investigations continue, Jenkins said his office has also secured the services of an “independent agency“ to look at the Taser’s operation. Jenkins said that this agency was not the manufacturer, Taser International, but would not give its name.

Meanwhile, Ted Williams, the attorney for Gray’s family, said he is conducting his own investigation into the matter, citing “inconsistencies“ by the Sheriff’s Office in their account of the incident.

Most notably, Williams said, is Jenkins stating on Nov. 19 that one shock was delivered via Taser, but saying the following day that two shocks were administered.

“I am saddened at what I heard here today,“ Williams said. “...I think all the facts will come out ... and we will deal with it accordingly.“

Jenkins said a final determination on Gray’s cause of death could come in another few weeks, as is the case with final autopsy reports by the Office of the Medical Examiner in Baltimore.