$12,500 settlement reached in case of twice-Tasered homeless felon

A homeless felon, who was zapped with two Tasers simultaneously — twice — during a 2006 arrest, has settled his federal civil-rights lawsuit against Tukwila police for $12,500, according to his attorney.

The settlement comes after a federal judge ruled that the two officers violated the rights of Terrance Releford and were too quick to use their Tasers after confronting Releford outside a Tukwila convenience store to arrest him on outstanding misdemeanor warrants on June 5, 2006.

According to court documents and police reports, Releford — who stands 6-foot-5 and weighs upward of 300 pounds — found himself between two Tukwila officers, both armed with Tasers.

Both officers ordered him to turn around. When he hesitated at the conflicting commands, the officers fired their stun guns simultaneously, knocking him to the ground with a combined 100,000 volts, the documents say.

A third officer was present, but didn't participate and wasn't sued.

While on the ground, the officers ordered him to roll onto his stomach and place his arms behind his back, according to the documents. Releford rolled over, but claims he didn't hear the command to put his hands behind his back, according to his Seattle attorney, Lynne Wilson.

When he hesitated, the officers simultaneously Tasered him a second time, just nine seconds after the first jolt, according to court records.

Releford sued without the help of an attorney and argued his case alone. Last fall, a federal magistrate judge found that officers Josh Vivet and Mike Richardson used excessive force and recommended the case go to trial. U.S. Magistrate Judge Mary Alice Theiler also recommended that a federal judge appoint an attorney to help the 40-year-old Releford prepare his case.

In late February, U.S. District Judge Ricardo Martinez adopted most of Theiler's recommendations and appointed Wilson to represent Releford, who has been either in a halfway house or prison since the incident.

He's currently serving a four-year term for escape at McNeil Island Correctional Center and was not available for comment.

Telephone messages left with Tukwila City attorney Shelley Kerslake and the firm that represented the city, Keating Buckland & McCormick, were not returned Thursday.

A police internal investigation had cleared both officers of claims they had used excessive force.

Wilson said the city and Releford participated in negotiations earlier this week that ended with the settlement.

"Mr. Releford is very pleased with this outcome," she said. "This incident was very painful. He had serious emotional issues afterward."

Among the factors driving the settlement, she said, was that Releford — despite his size and a long history of run-ins with the law — had never been violent toward officers. In fact, she said, records showed that Vivet had arrested Releford six times in the eight months before the incident, all without incident.

The city dropped resisting-arrest charges that were filed by the officers after the incident, she said.

"He didn't resist," she said. "They just didn't give him time to comply."

She said the officers didn't adequately consider their other options before resorting to the use of Tasers, she said. Theiler, in her report, pointed out that the officers had Releford outnumbered 3-1.

Mike Carter: 206-464-3706 or mcarter@seattletimes.com