No Charges to Be Filed in Stun Gun Case : Ventura: But police will discipline the officer who repeatedly shocked a man who had suffered an epileptic fit and caused a traffic accident.

By MACK REED

July 26, 1990 12 AM PT

TIMES STAFF WRITER

A Ventura police officer who used a stun gun on an epileptic driver faces disciplinary action for violating Police Department policies but will not be prosecuted on criminal charges, officials announced Wednesday.

The Ventura County district attorney’s office said it will not prosecute motorcycle patrolman Steven Mosconi, who shocked an epileptic driver nine times with a 50,000-volt stun gun, because he committed “no provable violation of criminal law.”

Ventura Police Chief Richard F. Thomas also announced Wednesday, however, that his department will take “appropriate action” against Mosconi because the incident “was not handled within the policies of the department.”

The announcements Wednesday followed investigations by the district attorney’s office and the Ventura Police Department that began after Mosconi used a stun gun on Donn Christensen on June 23, after Christensen caused a traffic accident on Thompson Boulevard during an epileptic seizure.

Ventura police policy at the time of the incident allowed officers to use stun guns to shock crime suspects into complying with orders. But Thomas announced July 5 that the policy would be changed to permit use of stun guns only when suspects endanger an officer or the public.

Wednesday’s brief statement issued by Thomas capped a three-week internal investigation into the incident and avoided any mention of Mosconi’s name or what kind of disciplinary action he might face.

Lt. Mike Tracy, a police spokesman, said violation of Police Department policy can bring punishment ranging from an oral reprimand to firing.

But Thomas and Ventura City Manager John Baker refused Wednesday to comment on what Mosconi’s fate will be because Christensen, 26, of Ventura, a former disc jockey and car salesman, may file a lawsuit. Baker said the city fears a possible suit by Mosconi.

Tracy would not confirm whether Mosconi, a 14-year veteran of the Ventura force, remains on duty as a traffic patrolman.

Christensen’s father, Wayne Christensen, said his son has retained a Beverly Hills attorney and was undergoing neuro-psychological tests Wednesday in preparation for filing a lawsuit against Mosconi and the department.

Donn Christensen called the district attorney and Police Department’s findings “a whitewash” and accused authorities of “just trying to cover their butts.”

“I think it’s outrageous,” he said on returning from the daylong battery of tests. “I was tortured in front of witnesses. What do they need? To me they’re condoning that kind of activity by police officers. What are they saying, that it’s OK to use a stun gun on epileptics? I had a medical emergency, and there was no need for a police officer to use any kind of force on me at all.”

Mosconi could not be reached at home or at work for comment.

William Hadden, an attorney for the Ventura Police Officers Assn., declined to comment on behalf of Mosconi. Hadden said: “He’s not going to talk to you. The investigation’s ongoing. We’re not going to try the case in the press.”

The incident began after Christensen suffered the seizure and swerved in front of oncoming traffic. When Mosconi arrived at the scene, ambulance workers told him that Christensen had suffered a seizure but had already refused medical treatment because he couldn’t afford it, Chief Deputy Dist. Atty. Kevin J. McGee said.

McGee said Mosconi reported that he believed Christensen was out of the seizure but under the influence of alcohol or drugs because he “appeared to be glassy-eyed.”

McGee said Mosconi asked for his keys, but Christensen refused to give them up or get out of the truck. He said Mosconi then tried to drag Christensen from the truck, but could not because Christensen outweighed him.

Christensen has said that the first thing he became aware of after the seizure was Mosconi grabbing his arm and yelling at him.

However, police investigators reported that Christensen also was trying to avoid Mosconi, leaning back and forth away from him as the officer ran to either door of the truck and tried to pull him out, McGee said.

At this point, Mosconi “is concerned that this person will drive away, so he decides to use his Nova stun gun to get him out of the truck,” McGee said.

Then, according to Mosconi’s own report, he began shocking Christensen with the stun gun and demanding his keys. Each time Christensen refused, Mosconi would shock him again with a one-second jolt, which was less than the maximum jolt of four to five seconds, McGee said.

Christensen said the jolts left him “in so much pain I could barely talk.”

Christensen finally stepped out of the truck but refused to put his hands behind his back to be handcuffed, whereupon Mosconi shocked him twice more, McGee said.

There was no mention of the final two jolts in Mosconi’s final report. But the district attorney’s investigation confirmed reports by bystanders, who said Mosconi shocked Christensen at least twice more as he stood passively by his truck.

McGee said the district attorney’s office only reviewed reports from police investigators before deciding not to prosecute Mosconi.