No charges for Maine officers involved in death of suspect struck with flashlight

Maine Attorney General Clears Officers in Jeremy Lau Case

Maine’s attorney general has concluded that there was no criminal misconduct by law enforcement officers in the case of Jeremy Lau, a 46-year-old man who died during an altercation with police. Lau’s death, ruled as a homicide, occurred after he was subjected to a stun gun and beaten with a flashlight while handcuffed and face-down on a porch.

The Incident

On March 1, 2022, Jeremy Lau was reported to be acting violently and incoherent due to drug use while staying at a residence. Police officers arrived at the scene and used a stun gun on Lau twice, along with physical force, including striking him with a flashlight. According to witnesses, Lau’s resistance ceased when he was placed in an ambulance, but perceptions of the threat varied among those present.

Medical Examiner’s Determination

The state’s chief medical examiner determined that Jeremy Lau’s death was a homicide. Three troopers were cleared of wrongdoing in an internal investigation, while the deputy who used the flashlight remains under investigation by the sheriff’s department.

Activist’s Involvement

Hermon resident Doug Dunbar, an activist, obtained autopsy and investigatory documents through the state’s Freedom of Access Act. Dunbar highlighted the intersection of law enforcement and mental illness in this case, as Lau had a history of mental health issues in addition to substance abuse.

Medical Condition and Substance Use

Lau, who was white, was already in a distressed state when police arrived, having vandalized the property and armed himself with a knife and baseball bat. During the altercation, officers delivered multiple blows as Lau resisted arrest. He stopped breathing and was placed in an ambulance, where an emergency medical technician discovered his lack of breath.

The chief medical examiner attributed Lau’s death to a cardiac event while being restrained face-down after a Taser deployment and while under the influence of fentanyl, methamphetamine, and a drug used for opioid addiction. Heart problems were also contributing factors.

Prior Knowledge

Some officers were familiar with Lau prior to the incident, given his history of arrests and drug use. However, certain actions taken during the arrest did not align with best practices in law enforcement.

Use of Force

Long before the high-profile case of George Floyd in 2020, it was recognized that placing individuals in a prone position, especially after handcuffing them, could compromise their ability to breathe, according to guidance from the U.S. Department of Justice and International Association of Chiefs of Police.

Moreover, the U.S. Commission on Civil Rights prohibits striking someone on the head with a flashlight or similar object unless lethal force is authorized. In this case, a deputy acknowledged using a flashlight multiple times on Lau, including a head strike.

Lack of Mental Health Professionals

Ideally, responding officers would have the support of mental health professionals or crisis intervention workers in such situations. However, the availability of these resources can be limited, particularly during nighttime incidents. Chuck Wexler, executive director of the Police Executive Research Forum, emphasized that dealing with individuals in crisis can be challenging without additional professional assistance.

Conclusion

In the case of Jeremy Lau, the attorney general’s investigation found no evidence of criminal conduct by law enforcement officers. None of the troopers involved faced disciplinary action, as they were deemed to have acted appropriately given the circumstances. The Penobscot County Sheriff’s Department is conducting its own review, focusing on training, policies, and procedures, with any resulting disciplinary actions to be made public. Witnesses at the scene expressed regret and concern for Lau’s welfare, believing that police were there to assist him.

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