A Hurricane police officer who used a Taser twice on Brian Cardall in June will not face any criminal charges.
The Washington County Attorney's Office announced Thursday that officer Kenneth Thompson was cleared of any wrongdoing in the June 9 incident in which Cardall, 32, who was suffering from a bipolar episode, was Tasered after running naked into traffic on state Route 59 and later died after being taken into custody.
"In my view, officer Thompson responded to a tense, uncertain and rapidly unfolding situation in a manner consistent with his training and that he did not intend, believe or foresee he would seriously injure or cause the death of Brian Cardall," Washington County Attorney Brock Belnap wrote in his letter clearing the officer.
Belnap said it is natural for people to question what happened after a tragic event but that such events must be judged from an officer's perspective as they happen and not in hindsight.
The Cardall family, however, was not satisfied with Thursday's decision.
The family's legal adviser, Karra Porter, said Thursday that the family was disappointed by what was in the report and what was left out.
The family said the report "glosses over" eyewitness accounts of the incident and "ignores the significance" of facts, such as:
Thompson, a school resource officer, exited his vehicle with his Taser already drawn.
Thompson knew Cardall had no weapon and in fact was wearing no clothes at all.
Thompson and Hurricane Police Chief Lynn Excell knew Cardall was having a bipolar episode and that he had just been given medication, and they should have known that yelling at Cardall simultaneously from opposite sides added to the chaotic situation.
The county attorney's office made no attempt to explain the contradictions of Thompson's report that Cardall was running at him and two eyewitness accounts that he had taken a single step.
The family also questioned why the investigation into the incident wasn't conducted by an outside agency.
"In light of the county attorney's decision, the family will discuss their options for ensuring that the full truth emerges regarding Brian's death. I think they also want to feel reassured that steps are being taken to prevent other senseless deaths in the future," Porter said.
Attorney Peter Stirba, who was hired by the city of Hurricane after Cardall's death, said Thursday that the investigation was reviewed by the attorney general's office, which he pointed out is an outside agency. He declined further comment because he believes the Cardall family is planning a lawsuit.
Excell said he is "pleased this investigation is over" and said his department feels "vindicated" by Belnap's decision. He emphatically reiterated that he was at the scene when the incident occurred and believed that the actions of Thompson "were justified and reasonable under the circumstances."
"We understand and recognize that the Cardall family is grieving, and our hearts go out to them and we sympathize with them," Excell said. "We hope now, with the conclusion of this investigation, we can now close this incident and move on with our lives."
On June 9, Anna Cardall called 911 to describe a frantic scene of her husband taking off all of his clothes and running onto state Route 59 trying to either flag down vehicles or direct traffic. In a recording of the emergency call, she told dispatchers she was scared and worried that her husband, who had a bipolar disorder, was going to be hit by a vehicle.
In the background, Brian Cardall could be heard screaming several nonsensical sentences.
Anna Cardall's 911 call (explicit content)
Officer's recording (explicit content)
In a separate emergency recording from a responding officer, he and several others could be heard repeatedly telling Brian Cardall to "get on the ground." Approximately 40 seconds after the officer gave his first command to get down, the "popping" sound of a Taser being deployed could be heard, followed by Brian Cardall moaning in apparent pain.
About 12 seconds later, after telling Brian Cardall to stay on the ground, the Hurricane officer said "Taser deployed" again. Roughly 30 seconds after that, the officer said the situation was under control.
Brian Cardall quickly became unresponsive, officers said. He was treated within moments by paramedics but was pronounced dead at an area hospital.
The Deseret News on Thursday obtained a copy of Cardall's autopsy report. In it, the state medical examiner said Cardall "died as a result of ventricular fibrillation." But the report also noted the underlying cause of ventricular fibrillation could have come from several sources — one natural and one not — and therefore, "the manner of death remains undetermined."
Ventricular fibrillation "is a condition in which the heart's electrical activity becomes disordered," according to the American Heart Association's Web site. The result is a heart that flutters instead of beats, thus pumping very little blood.
"Collapse and sudden cardiac death will follow in minutes unless medical help is provided immediately," according to the AHA.
The report found that the Taser deployment "could represent a possible primary or contributory cause of death."
While acknowledging Tasers are generally safe and present a low risk of death, in Cardall's case, the barbs of Thompson's Taser penetrated deeply into Cardall's bare chest, directly above his heart, the report states.
"The initial cardiac rhythm of ventricular fibrillation is consistent with findings seen in cases of electrocution," the autopsy report said.
But the report also noted that Cardall's state of mental confusion and psychological excitement, which caused a rapid heartbeat and rapid breathing, "would also put him at risk for sudden cardiac death from a ventricular rhythm disturbance, independent of the deployment of the (Taser)."
The autopsy also revealed low levels of THC in Cardall, consistent with his history of "chronic marijuana use," the report said.
Thompson was placed on leave following the incident. He has since returned to duty and is working as a school resource officer in Hurricane, said police spokeswoman Nancy Perkins.
Belnap received the investigation report from the Washington County Critical Incident Task Force on Nov. 6. In his letter Thursday, he said he and several "career prosecutors" in his office and a panel of senior prosecutors from the Utah Attorney General's Office all looked at the case.
Contributing: Emiley Morgan, Geoff Liesik
e-mail: preavy@desnews.com