The theory of excited delirium has exonerated law enforcement officers who killed people in their custody. But there's mounting opposition to the term among most prominent medical groups.
Sheneen McClain sits outside a courtroom in Brighton, Colo., where two police officers face criminal charges in the 2019 death of her son Elijah McClain. “Excited delirium” was cited as a possible cause of his death.The way Sheldon Haleck’s parents see it, the 38-year-old’s only crime was jaywalking. But that March night in 2015, after Honolulu police found him behaving erratically, they pepper-sprayed him, shocked him with a Taser and restrained him.
Passing the resolution wouldn’t bring Haleck back, but his parents hope it would prevent other families from experiencing their agony. “May that excited delirium die here,” said his mother, Verdell. ACEP’s position “has done a lot of harm” by justifying first-responder tactics that contribute to a person’s death, saidof excited delirium. The term has also been used in cases in Australia, the United Kingdom, Canada and other countries, according to the group.
Axon officials did not respond to a call or email seeking comment on the white paper or the upcoming ACEP vote. In 2017, Taser officials used the ACEP position on excited delirium as evidence that it is a “universally recognized condition,”published in the journal Forensic Science, Medicine and Pathology concluded that no scientific evidence exists for the diagnosis, and that the authors of the 2009 white paper engaged in circular reasoning and faulty logic.
Now, plaintiffs’ attorneys say, if ACEP passes the resolution it would be the most meaningful step yet toward keeping the theory out of the courtroom. The resolution calls on ACEP to “clarify its position in writing that the 2009 white paper is inaccurate and outdated,” and to withdraw approval for it.On an April night in 1989, Jo Ann Parks survived a house fire in the Southern California city of Bell that claimed the lives of her three small children.
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