State of Iowa v. Taquala Monique Howse

875 N.W.2d 684, 2016 Iowa Sup. LEXIS 18
CourtSupreme Court of Iowa
DecidedFebruary 19, 2016
Docket13–1997
StatusPublished
Cited by86 cases

This text of 875 N.W.2d 684 (State of Iowa v. Taquala Monique Howse) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Iowa v. Taquala Monique Howse, 875 N.W.2d 684, 2016 Iowa Sup. LEXIS 18 (iowa 2016).

Opinion

ZAGER, Justice.

In this appeal, the defendant asks us to decide whether there was sufficient evidence in the record to conclude an inoperable stun gun — or a stun gun that has not been shown to be operable — qualifies as a dangerous weapon under Iowa Code section 702.7 (2011). The State argues that *686 our previous opinion in State v. Geier, 484 N.W.2d 167 (Iowa 1992), controls, or alternatively, that this case only involves statutory interpretation of Iowa Code section 702.7 and error has not been preserved. We conclude that a stun gun is per se a dangerous weapon as defined in the statute. Therefore, we vacate the decision of the court of appeals and affirm the judgment of the district court.

I. Background Facts and Proceedings.

On June 23, 2013, Officer Kyle Jurgen-sen of the Waterloo Police Department was dispatched to the Wal-Mart in Waterloo based on a report of two individuals stealing items from the store. When Officer Jurgensen arrived, he spoke with Wal-Mart’s asset protection person who was able to identify the two suspects. Officer Jurgensen placed both individuals under arrest. Defendant Taquala Howse was one of the two suspects identified by Wal-Mart’s asset protection person.

When Officer Jurgensen placed Howse under arrest for theft, he placed her in handcuffs and then escorted her to his vehicle. Before placing Howse in his vehicle, Officer Jurgensen conducted a search of the purse Howse was carrying. Inside the purse he discovered a small hand-held stun gun. Howse admitted she had purchased the stun gun and earned it with her to clubs. Officer Jurgensen asked Howse if she had a permit to carry the stun gun, and she responded that she did not. Officer Jurgensen verified that Howse did not have a permit to carry the stun gun. Howse was charged with going armed with a dangerous weapon concealed on or about her person in violation of Iowa Code section 724.4(1). Howse waived her right to a jury trial, and a bench trial was held on October 16. During the bench trial, testimony was given regarding stun guns, Tasers, and the specific stun gun found in Howse’s purse.

A. Officer Jurgensen’s Testimony. Officer Jurgensen is a patrol officer with the Waterloo Police Department. He has been trained to use a Taser by the Black Hawk County Sheriffs Department, the Iowa Law Enforcement Academy, and the Waterloo Police Department. He carries a Taser as part of his job, has been Tased himself, and has Tased people while on the job.

Officer Jurgensen was asked to describe the difference in how it feels to be Tased and how' it feels to be stunned by a stun gun.

Q: Have you ever been Tased, officer? A: Yes.
Q: What do they feel like? A: It’s a unique experience, but every single muscle on your body tightens up, and you can’t move.
[[Image here]]
Q: So, I think you described what it feels like to be Tased. Is it a separate feeling, then, when it’s just a stun gun? A: Yes.
Q: And what does that feel like, then? A: It’s more of a pain.
Q: Okay. So, it’s not as severe as a Taser? A: It’s not as long.

He described a stun gun as a “pain compliance” tool, whereas a Taser with probes would result in a “full-body lockup.” He clarified that the device found in Howse’s purse was a stun gun and not a Taser. 1 When asked if a stun gun is capa *687 ble of incapacitating someone, he answered in the affirmative.

Officer Jurgensen did not test the stun gun when he took 1 it from Howse’s purse because '“[a] stun gun ... is dangerous.” Because Officer Jurgensen'did not test the stun gun, he could not testify as to its specific voltage.- However, he did testify that if it was in working order, it would emit an electrical current and the person using it could send as many currents as they wanted for as long as they continued to push the button.

Officer Jurgensen was also asked about a stun gun’s ability to cause injury or death. When asked if a stun gun was capable of causing death if it was used in the manner for which it was designed, he answered no. He did, however, testify that a stun gun could result in death in certain situations, for example, if the stunned individual was under the influence of drugs or had a heart condition. He testified a stun gun was designed to incapacitate an individual so they could' be arrested or prevented from fleeing.

B.. Officer Erie’s Testimony. Officer Greg Erie is a field training officer (FTO) for the Waterloo Police Department. He has been an FTO since 2008 and currently teaches defensive tactics and Taser usage. Like Officer Jurgensen, Officer Erie also testified that a stun gun is used for pain compliance, and unlike a Taser, it does not shoot out any prongs.

Officer Erie testified that the stun gun taken from Howse’s purse was inoperable. He testified that he plugged it in and lights came on, but it did not function properly. He further testified that, if working properly, the stun gun would emit electricity between two probes. When contact is made with a person, the electricity causes pain that results in compliance or deterrence.

Officer Erie likened the shock from a stun gun to a layman’s description of being electrocuted. He stated that most people would “probably jump” if they were touched with an active stun gun. This is in contrast to being Tased, which “causes [a person] to lock up, fall down. It causes neuromuscular incapacitation.” Officer Erie was also asked whether a stun gun would be capable of immobilizing someone and testified:

Q: Okay. So, would a Taser immobilize a person? A: Yes, Tasers do that.
Q: Would a stun gun immobilize a person? A:' If they’re standing?
Q: Yes. A: No, ‘cause if you stick it on, they jump — they jump back, so—
- Q: So, -in your opinion a stun gun is more to get them, to do what you want them to do? ' A; Exactly.
[[Image here]]
Q: If- you place the device on the individual’s neck or head, will that incapacitate the person? 1 A: You know, it’s hard to say. Different people have different tolerances-for it It’s just because of the sensitivity of the neck, and there’s a lot of things in there that — a lot of different arteries leading to the brain, that if it’s interrupted by electrical current,-you know, it could potentially cause them to fall down or pass out or something.'

C. District Court Decision. After the bench trial, the district court found the State had demonstrated the stun gun was a dangerous weapon as defined under Iowa Code section 702.7. Howse was found guilty of carrying a weapon in violation of Iowa Code section 724.4. Howse was sentenced on December 6 .and subsequently filed a notice, of appeal on December 11.

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Bluebook (online)
875 N.W.2d 684, 2016 Iowa Sup. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-iowa-v-taquala-monique-howse-iowa-2016.