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State report clears officers in fatal Taser incident

Douglas Boucher, 39, of Mason, died by Stun Gun following a disturbance around 11:15 p.m. Sunday, Dec. 13, at the Speedway gas station at 711 Reading Road.

Nick Daggy Douglas Boucher, 39, of Mason, died by Stun Gun following a disturbance around 11:15 p.m. Sunday, Dec. 13, at the Speedway gas station at 711 Reading Road.

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SUBMITTED Doug Boucher

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By Denise G. Callahan, Staff Writer 5:45 PM Tuesday, January 26, 2010

A state investigator has cleared the two Mason police officers who employed a Taser on a man who later died.

Officers Sean McCormick and Dan Fry did not violate use of force regulations when they used a Taser on Doug Boucher on Dec. 13, according to a report by Ohio Bureau of Criminal Identification and Investigation Special Agent Todd Brown.

Boucher, 39, of Mason died at a local hospital after he was shot by the Taser following a disturbance around 11:15 p.m. at the Speedway gas station, 711 Reading Road.

Mason Police Chief Mike Kelly asked the state agency to complete the report because he wanted the investigation to be “transparent.”

Kelly reinstated Fry and McCormick on Jan. 18. He did not have the written investigation yet, but had spoken with the state and was satisfied his officers would be vindicated. They have spent five weeks on paid leave pending the investigation.

According to Brown’s report, since the officers’ and witness statement all match up, the only possible rule infraction involved in the Taser incident involved checking the operability of the Taser units.

“Neither officer, during their respective interviews, could say with any certainty that they tested their device that evening,” Brown wrote.

Testing is still being conducted on the units by the manufacturer.

Brown said in his report that he could not find any “links” between Boucher, the officers or the two witnesses.

According to a statement by the store clerk at Speedway, Boucher had visited the gas station the day prior to the incident and made an inappropriate, sexual remark to her. She reported that Boucher returned on Dec. 13 and apologized for his behavior during their previous encounter, but then repeated the sexual remark.

“He looked really crazy. He looked really crazy the night before,” she wrote.

Fry and McCormick happened to be in the Speedway that night and the clerk asked them to talk to Boucher because he was bothering her.

McCormick described Boucher’s movements as “erratic and jittery” when they approached him. Fry said he appeared nervous and was repeatedly yelling “sorry” as he exited the store.

The clerk said she came out of the store because she wanted to see what was happening and Boucher came after her, even after he had been shocked with the Taser. Fry said he deployed his Taser at Boucher’s back and the man went down, falling face first.

“I deployed my Taser at this time, pursuant to policy, because Boucher had assaulted me, was attempting to assault (the clerk), had the handcuffs which he could use as a weapon and had failed to comply with my commands that he stop running,” Fry wrote.

The coroner ruled Boucher died from the skull fracture he suffered when he hit the ground. No drugs or alcohol were found in his system.

Boucher’s ex-wife Sheryl Olszeski told police he was an alcoholic but didn’t use drugs and he was diagnosed with bi-polar disorder in 2004. She said he was “prone to rage” and would say inappropriate things just to get a reaction. She said he never hit her or their daughter, but he would smash things and “charge at her making it look like he was going to hit her,” the report reads.

“I was relieved to hear that nothing startling had been discovered in the investigation and hope that the matter can now be put to rest so we can move on with the healing. At any rate, we’re doing as well as can be expected.” Olszeski said.

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.

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