Suspect tased into submission

MONTROSE — What started as an alleged municipal code violation — a simple open container of alcohol — ended with slight injuries to a deputy and the tasing of a suspect. Twice.

Montrose County Sheriff's deputy Keith Sanders reportedly spotted two men, later identified as Gildardo Armenta-Diaz and Marcelino Madrid-Rivera, with an open bottle of alcohol on North Pythian Street Saturday night.

Sanders alerted Montrose Police Officers Garth Cowley and Chris Hoeh, who were in the area on bike patrol. A check of both men revealed they were wanted on warrants; Armenta-Diaz for failure to appear on a DUI allegation and Madrid-Rivera for failure to appear on an allegation of menacing.

Montrose Police Cmdr. Gene Lillard said the officers noticed the two men whispering to each other, and one began moving away from Sanders.

"The suspect yelled and charged, and hit (collided with) the deputy in the chest," Lillard said.

Armenta-Diaz and Sanders tumbled over landscaping rocks and to the ground; then Armenta-Diaz allegedly began fleeing the scene, ignoring orders to stop.

Hoeh deployed a Taser, which struck Armenta-Diaz in the back.

Still, the police allege, he failed to comply, but instead kept his hands tucked under his chest where officers could not see them. "Officers were in fear he was going to pull a weapon," Lillard said.

Armenta-Diaz was given a second burst of the Taser, a less-lethal device that shoots electricity-conducting prongs into an object or person. A standard Taser burst lasts five seconds and will temporarily incapacitate a suspect.

Lillard said standard procedure, when tasing is warranted, is to deploy a five-second burst, then give orders to facilitate the handcuffing of a suspect.

"If they do not comply, the officer warns them and says they will be tased again if they don't comply. Usually, they are given multiple commands to do that. In this case, they were given multiple commands from both officers," Lillard said.

Whether failure to obey orders justifies using the Taser depends on individual case circumstances, he said.

"He (Armenta-Diaz) had clearly knocked a peace officer down and was attempting to get away," Lillard alleged. "In fact, there was a warrant for him out of Montrose County."

Lillard said Sanders sustained cuts, scrapes and complained of knee pain.

Armenta-Diaz was arrested on the warrant and also on suspicion of second-degree assault on a peace officer, resisting arrest, obstruction, false reporting (for allegedly giving false information about himself) and littering, for allegedly refusing to pick up the bottle when told to do so.

He was held on a $25,000 cash-only bond. Formal charges are due by Sept. 11.

Madrid-Rivera, who allegedly gave a fake name and address, was suspected of the municipal offenses of possession of alcohol in a public place, providing false identification and littering. He was arrested on the county FTA warrant and held on a $5,000 bond. Madrid-Rivera is due in court Sept. 8.