During the officers’ contact at the vehicle, they each noted Johnny Wheatcroft reaching down below the seat into a backpack. Mr. Wheatcroft also immediately upon contact exhibited verbal non-compliance by refusing to identify himself and failed to obey the officer’s instructions to stop reaching his hands beneath the seat into the backpack and about the vehicle in the area between the seat and console. For the safety of themselves and those around them, including the minor children, the officers attempted to remove Mr. Wheatcroft from the vehicle so they could maintain a safe eye on him for the duration of the traffic stop as well as conduct a pat down for weapons. Mr. Wheatcroft immediately began to physically resist the officers’ attempts to escort him from the vehicle while continuing to place his hands where officers could not see them.
Officers displayed their Tasers and warned him of potential Taser use to gain his compliance; however, Mr. Wheatcroft continued to argue, yell and physically resist the officers’ control holds. Due to the physical resistance from Mr. Wheatcroft, the Taser was used in a drive stun capacity in order to gain control and avoid physical injury. While officers attempted to detain Mr. Wheatcroft, Anya Chapman swung a bag filled with bottled drinks, striking Officer Lindsey in the head, rendering him unconscious. Seeing his partner unconscious, coupled with Mr. Wheatcroft’s continued resistance and the unknown threat from within the vehicle, Officer Schneider deployed his Taser, striking Mr. Wheatcroft. Dealing with two adults that were being physically aggressive and had already assaulted one officer, Officer Schneider asked for additional officers to respond.