3 Taser hits leave Marianna man in critical condition

By JIM COOK
Media General News Service

Published: June 16, 2008

DOTHAN, Ala. — Houston County Sheriff Andy Hughes is calling for an Alabama Bureau of Investigation probe into a weekend Taser-related incident that left a Marianna, Fla., man in critical condition.

“We want the public to know that we did the right thing,” Hughes said. “That’s why we’re asking ABI to do an independent investigation — to make sure we were doing the right thing.”

Nicholas Cody, 27, is currently in critical condition at a local hospital. Cody had a Taser used against him three times during the course of a traffic stop and subsequent foot pursuit that happened Sunday evening.

According to Hughes, at 5:20 p.m. Sunday Houston County Deputy Robert Reichert stopped Cody for a seat belt violation near a gas station at the intersection of U.S. 231 South and Inez Road. During the stop, Reichert observed what he believed to be a bag of cocaine in Cody’s pocket. After Reichert asked Cody about the bag, Cody attempted to fight the deputy, and Reichert attempted to shoot Cody with his Taser, Hughes said. Only one Taser probe hit Cody, and Cody dove out of the passenger side window of his vehicle and ran.

Hughes said Reichert chased Cody to a nearby apartment complex and used the Taser again after Cody took an aggressive posture against the deputy. Reichert used the Taser one more time when Cody attempted to strike him while he was being handcuffed, Hughes said.

Shortly after the third use of the Taser, Cody stopped breathing and appeared to be having a seizure. Reichert performed CPR on Cody until Dothan fire medics arrived.

Reichert remains on active duty. Hughes said it appears Reichert followed all department policies concerning the proper use of Tasers during the altercation with Cody. According to Hughes, the investigation is just an opportunity to have an outside agency evaluate the incident.

Hughes said he is not considering eliminating the use of Tasers or changing any department policies as a result of the incident. Hughes said Tasers do more good than harm for both suspects and deputies because they reduce the incidences of hand-to-hand combat.

“It keeps us from having to go hands-on,” Hughes said.

According to Hughes, the substance in Cody’s pocket has been identified as cocaine and warrants against Cody for drug possession and resisting arrest are being obtained. Cody has an extensive criminal record that includes a 2004 Cottonwood arrest for cocaine possession and two drug-related arrests in Houston County this year.