San Antonio man claims Taser used on him for carrying rifle on sidewalk

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by Barry Davis / KENS 5

khou.com

Posted on April 4, 2014 at 8:02 AM

SAN ANTONIO -- Henry Vichique said he was just exercising his Second Amendment and Texas Constitutional rights Sunday night, but police decided to use a Taser on him.

Vichique was walking down Donaldson Avenue toward his home when he suddenly was surrounded by police officers.

The officers repeatedly ordered Vichique, who had the weapon shouldered on a sling, to put the weapon on the ground. Vichique told them he was within his rights as a Texan and kept asking the officers whether he was under arrest.

He also recorded the entire incident on his cell phone.

Vichique said during the entire 15-minute ordeal, officers had their weapons drawn. He said he was scared but knew he was within his rights.

Throughout the incident, the recording documents Vichique asserting his rights and asking whether he was under arrest. Numerous times, the officer taking the lead told him no.

After about eight or nine minutes of this, the officer told Vichique he was free to go home, but they would follow him to make sure he got home safely.

Then, another officer can be heard on the recording saying a sergeant was en route. A minute or two later, things took a marked turn.

In the recording, a new voice could be heard asking Vichique whether the rifle he was carrying was loaded. Vichique responded that it was.

The officer then asked whether a round was in the chamber. When Vichique responded that there was, the officer told him he was breaking the law.

Vichique responded by attempting to say there was nothing in the law about that when the next thing heard was Vichique grunting in pain and the sound of a Taser clicking.

Vichique said he was then taken to a medical processing center to be checked out, then taken to the magistrate's office, where he sat in a cell for five hours and was released without charges.

SAPD would not comment on the case, saying there is an ongoing investigation.

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