Officers cleared in stun gun death

JERSEYVILLE -- A special prosecutor says two Jerseyville police officers are not criminally responsible for the death of a teenager who died after being shocked with a stun gun.

Chuck Colburn ruled the officers were not found to have caused Roger Holyfield's death Oct. 29, 2006, a day after a run-in with the police in this Jersey County community roughly 50 miles from St. Louis.

Holyfield was 17 when officers shocked him at least twice with the stun gun. Officers said the teen turned combative after they approached him while he was carrying a Bible and a cordless telephone and shouting "I want Jesus."

Police have said Holyfield would not acknowledge the officers who tried to calm him, then became combative and was shot with a stun gun -- once after ignoring their warnings, then again when he continued struggling. Holyfield died a day later at a St. Louis hospital.

Colburn, appointed in February to review the matter, said Tuesday the officers "acted in a manner that they had been taught was a safe way to use the instrument."

In a letter to Jersey County Circuit Judge Eric Pistorius, Colburn wrote that the officers did not possess the mental state or recklessness to be held criminally responsible for Holyfield's death.

Colburn cited the findings of Phillip Burch, a St. Louis pathologist who ruled Holyfield may have died as a result of an agitated mental state called "excited delirium" that some say can send the heart racing until it quits. Burch said the teen had no drugs in his system and died of "natural causes."

In his letter to the judge, Colburn wrote that Burch said Holyfield was more susceptible to "excited delirium" because of his well-documented history of mental illness.

"This unfortunate situation began with a common police-citizen encounter and evolved into a tragedy," Colburn wrote. "We express our sincere condolences to the Holyfield family."

Mark Niemeyer, an attorney for the Holyfield family, said in a statement that his clients were disappointed the officers would not be charged, insisting the idea that Holyfield would have died even without police present is illogical.

"The officers' prolonged abuse and restraint of Roger was at least reckless, as they surely knew their actions would result in injury or death," he said.

The city of Jerseyville has said Burch's findings exonerate the policemen who handled Holyfield, and that the two officers followed established policy and procedures regarding the use of force and the stun gun.

On Tuesday, Jerseyville Police Chief Brad Blackorby said he continues to stand behind the officers in what he said the investigation shows "was truly an unavoidable accident."

"I have known and worked with these policemen for several years, and I know the highly ethical and professional manner in which they do their jobs," Blackorby said. "They followed their training, and they are extremely upset about the death of Roger Holyfield, as am I."

Holyfield's mother is suing the officers and several police agencies.

Colburn said his review of the case involved 40 hours of interviews and reviewing more than 1,000 pages of documents.