A Fayetteville police sargeant has been charged with assault with a deadly weapon after he used a Taser on a handcuffed man who was in custody, according to an arrest warrant.
Sgt. Francis Allen Terry, 53, of Fayetteville, is accused of assaulting Zachery Lyle Brown, also of Fayetteville, on Feb. 26 in the intake section of the Cumberland County Detention Center. Brown had been arrested and charged with driving while intoxicated by another Fayetteville officer.
The warrant states that Brown had verbally refused to give a breath sample and two requests for blood samples. He was not being combative and was not a threat to other officers and a paramedic that were present.
Brown was seated with his hands cuffed in front of him when Terry told Brown to stand up, to which Brown complied. Terry told him to turn and face the other officers which Brown did.
Then Terry pulled out his Taser X2 and gave the verbal warning "Taser, Taser, Taser," according to the warrant. At this point, Terry put the weapon up against Brown's back and cycled the weapon.
Brown didn't react to the cycle and didn't engage with Terry or the other officers.
Terry cycled the weapon a second time and, again, Brown didn't react or turn around toward Terry or the officers.
Brown's posture to appeared to tense when Terry cycled the weapon a third time, the warrant states. Terry told the other officers to catch Brown before he fell.
Three officers helped Brown to the floor. Terry then shocked Brown with the Taser a fourth and a fifth time while he was on the floor.
The warrant states that at no time during the five cycles did Brown assault or attempt to assault Terry, the other officers, or the paramedic present.
Terry was arrested on Thursday. His court date is April 1.
