Video shows man get tased, arrested

This image is from video taken by Madeline Herman of her husband getting tased and arrested in DeKalb County.

FORT WAYNE, Ind. (WANE) – A video of a man getting tased and arrested in DeKalb County is getting thousands of plays on the Internet.

David Herman was arrested early Tuesday morning after police said he led them on a chase on I-69 and didn’t obey their commands.

In the video, which is on YouTube via thefreedomline.com, Herman’s wife said they had car trouble and put on their hazard lights. A few minutes later, she said they noticed police behind them, but kept going to find a well-lit area, which was about three miles away.

Police reports, however, said that they were speeding with no headlights or taillights on and led police on a high-speed chase.

When Herman did pull over at a gas station, he got out of his vehicle. His wife said in the video that’s because he didn’t want “armed strangers walking up to our vehicle, especially with our infant son in tow.”

In the video, he said to the officers, “I don’t know you. I haven’t met you. Can you please tell me who you are?”

The officers, who were wearing full police uniforms, do respond that they are police and that he needs to turn around, put his hands up or he’ll be tased. Herman did that for a moment, but when he dropped his hands and started to walk toward the officers, that’s when he was tased.

Herman was also requesting that the officers show three forms of identification, which his wife said in the video is required by law.

“I don’t know of anything that requires three forms of identification. We have a policy that if someone wants to see identification, we’re expected to provide that,” Sgt. Ron Galaviz with the Indiana State Police said. “Never in my 21 years of law enforcement have I been on duty in uniform and been asked for identification. You have an individual with a badge identifying themselves under the color of the law, really they’re being identified. Especially if there’s more than one of them.”

NewsChannel 15 looked at Indiana law and the driver’s manual. If an officer has lights activated behind a vehicle, that driver needs to immediately get over to the right. 

“If the police car moves over with you, common sense would dictate a conversation will ensue,” Galaviz said.

If an officer does pull you over, stay in your vehicle.

“There’s nothing you’re going to communicate to us standing on the side of the road that you can’t communicate to us sitting safely in your own vehicle,” Galaviz said. “The violator’s safety is paramount just as much as ours is. We don’t want you as a citizen to get hurt on a traffic stop any more than we want to get ourselves hurt.”

You should also keep your hands on the steering wheel in plain view.

“Hands hurt. Hands kill people. We’re not accusing anyone of being a criminal or doing criminal activity by asking for their hands to be on the steering wheel or asking to show me your hands. Far too often we’ve had people stick their hands under their legs or dig in a bag or in the middle console and sometimes it’s nothing, but sometimes it could be,” Galaviz said.

Galaviz said you should also do what officers ask.

“They’re working on their experience and what they’ve been trained to do, so we simply ask that you follow their directions whether you believe in them or not and the quicker you do that and the more thoroughly you do that, the quicker you’ll be on your way to do whatever you were doing,” he said. “We’re out there to enforce state law. We’re not out there to violate laws or anyone’s civil rights. There’s a time and a place to discuss things, or if you want to use the term argue, contest or otherwise deny what’s going on. There’s a time and a place for that under our judicial system. They will be afforded that. It’s in our constitution.”

Herman was preliminarily charged with resisting law enforcement with a vehicle, batter against law enforcement, neglect of a dependent and resisting law enforcement.

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