Colorado Rights Blog

John Krieger By: John Krieger 9.8.2016

Darsean Kelly Knew His Rights. He Got Tased Anyway.

Police in Aurora, Colorado, got a call about a man pulling a gun on a kid. They had no description of the suspect. On their way to the scene, they stopped two Black men walking down the sidewalk.

Darsean Kelley, one of the men, followed the officers’ orders to hold his hands above his head and turn around. His repeated requests for an explanation as to why they had been detained went unanswered. Even though it was clear he had no weapons and he was no threat to the officers, Darsean was tased in the back just as he said, “I know my rights.” Darsean fell backwards and hit his head on the pavement.

The officers had no reason to detain them. They had done nothing wrong. When Darsean asked to talk to the officer’s boss, noting that there were witnesses to the tasing, the officer responded, “Hey, look right here. It’s all on video, sweetheart.”

Darsean was arrested and charged with “disorderly conduct.” The ACLU of Colorado and our cooperating attorney Dan Recht represented Darsean and convinced the prosecutor to drop the charges.

We all have the Fourth Amendment right to be free from excessive and unreasonable force by the police. No one should be punished for knowing and asserting their rights.

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