Jailer to face 2 charges in Taser death

A Monroe County jailer has been charged with two counts of felony battery in the case of a Bedford man who died while being booked into jail.\nAt a hearing Wednesday at the Monroe County Justice Building, Judge Marc Kellams said he found probable cause for the arrest of jailer David Shaw, who used a Taser gun to repeatedly shock James Borden last November.\nBorden, 47, died Nov. 6 as he was being processed for a probation violation. \nSpecial prosecutor Barry Brown presented evidence in the case about three weeks ago, but Kellams said it took a while to carefully review all the facts.\n"In my 24-year career, I have never had a matter of determining probable cause that was as perplexing as the one I address today," Kellams said. "These are serious allegations against employees hired to work in often the most miserable of environments, and with the most difficult of people."\nThe judge said Shaw has 24 hours to turn himself in to the Indiana State Police Post for processing, after which he will be released on his own recognizance.\nShaw faces two Class C felonies -- battery while armed with a deadly weapon and battery causing serious bodily injury. Each count could carry two to eight years in prison and a $10,000 fine.\nKellams' decision allows criminal charges to proceed, but a decision on guilt will be left to trial.\nKellams found no probable cause to charge another jailer, Chris Hutton, who allegedly pushed Borden to the ground before Shaw shocked him. Brown had also asked the judge to charge Hutton with misdemeanor assault.\nMonroe County Jail Commander Bill Wilson and County Sheriff Stephen Sharp could not be reached for comment Wednesday. A statement released just after Borden's death said "standard police procedures by trained officers to control combative or uncooperative individuals" were used.\nA handful of Borden family members who attended Wednesday's hearing said they were happy to see justice being served. After leaving the courtroom, they called other family members about the result.\n"I'm happy that they took it seriously enough to change things for the next person," said DeeAnn Pineira, Borden's sister. "That's the ultimate goal of this."\nBorden's death and the subsequent investigation and court hearings have taken an emotional toll on the family. Before the hearing began, Dorothy Borden, James Borden's mother, took out a crumpled pocket-pack of tissues. She used them several times during the hearing.\n"We don't want this to happen again," she said. "One is enough."\nHer son, who was under house arrest for operating while intoxicated, had been seen wandering near a local convenience store Nov. 5, where employees called police to report his unusual behavior.\nLawrence County Community Corrections requested he be taken off home detention and asked for a warrant for his arrest.\nThe next day, Borden was evaluated by EMS personnel, who determined he needed medical treatment, but instead, police arrested Borden and escorted him to the Monroe County Jail.\nUpon his arrival at the jail, Borden was shocked at least half a dozen times by Shaw, who said Borden was being "uncooperative." Shaw used an M26 Taser gun with 50,000 volts in each shock.\nIn his opinion, Judge Kellams pointed out while Borden was uncooperative, he never expressed or acted out a threat to himself, an officer, or another person -- one of the Correctional Center's own directives for using Tasers.\n"It is clear that his actions were inappropriate and not in line with the training he received for the use of Tasers," Kellams said.\nKellams said the exact number of shocks recorded on the Taser was 11, but the number of times Borden was stunned was probably six, according to the autopsy.\nThe Monroe County coroner's office concluded Borden died from an irregular heartbeat caused by an enlarged heart, pharmacological intoxication and electric shock. \nBrown, a former Monroe County prosecutor, was named as special prosecutor in February to determine whether criminal charges should be filed. The Indiana State Police conducted the investigation.\nKellams said an inquiry should be conducted and policies put in place that will prevent similar behavior in the future.\nOnce filed, the case will likely be reassigned to a new judge.\n-- Contact staff writer Cory Schouten at cschoute@indiana.edu.