GUILDERLAND — A shocking report of Taser abuse is being called "absolutely false" by the Guilderland Police Department. In an incident last month at Crossgates Mall, a 34-year-old Albany man was arrested and subdued by a Taser gun. These facts are agreed upon by all accounts, but most of the agreement ends there.

The arrest report written by Guilderland Police does not match an eye-witness account.

Two Guilderland police officers and a Crossgates Mall security officer apprehended Swahiti S. Bolden, also known as Chevron Bolden, on the afternoon of Dec. 26, around 1:30 p.m., near Houlihan’s Restaurant in Crossgates Mall, according to the arrest report. A Taser gun was used on Bolden by an arresting officer and the Guilderland Police have charged him with disorderly conduct and resisting arrest.

Melanie Trimble, executive director of the New York Civil Liberties Union, saw some of the arrest and does not agree with the police report on file. Trimble says that Bolden was not resisting arrest and was definitely handcuffed when a Taser gun was used on him.

A Taser gun, also called an electro-muscular disruption weapon, shocks a person with 26 watts of electricity or over 50,000 volts. It overrides the person’s motor and sensory systems, incapacitating him.
"When I came on the scene, he was handcuffed and was tased in the back and in between the legs," Trimble said. She told The Enterprise last Wednesday that an officer stuck the barrel of the gun in Bolden’s crotch.
Trimble says that, at one point during the tasing, she yelled out to the officers, "He’s not even resisting arrest; why are you continuing to taser him"" She says she overheard other onlookers speaking out, saying things like, "Hey, what are you doing"" and, "He’s already handcuffed."

Guilderland Police Chief James Murley says his officers acted appropriately in the Bolden arrest and claims no abuses occurred during the apprehension. Murley backed up the police report by saying Bolden was not handcuffed while he was tased. The Guilderland Police were called to the scene by mall security because Bolden was reported as being disorderly and shouting obscenities near the mall entrance, creating a scene, he said.
The report describes Bolden as a 34-year-old male with "medium brown skin" and large build — with a height of 6 feet, 1 inch, and weight of 225 pounds.
It lists his address as 404 First Street, second floor, in Albany, and under "occupation," it says "floor covering." The report also states Bolden is a Baptist who completed 10th grade in school.
According to the police report, Bolden refused several requests for identification and would not lower his voice after being asked to by Guilderland Police. When asked to place his hands behind his back, Bolden pulled away and would not comply. The report continues, saying Bolden was "advised numerous times to stop resisting and place his hands behind his back or he would be tased."

It was only after all of these warnings that, Murley says, officers were forced to subdue Bolden with a taser. The initial taser had no effect when it was deployed on his left thigh; because of clothing, no skin contact was made, Murley said. The officers then used a drive Taser, or wireless Taser, making contact to Bolden’s rear left groin, Murley said.

Bolden complied with officers after being drive tased but was still loud and did not freely walk to the police cruiser, Murley said. Once at the station, however, he says Bolden was calmed down and released on an appearance ticket.
Trimble recalls a very different situation, citing a more cooperative Bolden than the police report portrays and calling the use of Tasers that afternoon "totally unnecessary." According to Trimble, Bolden was unjustly arrested; she believes the Guilderland Police were wrong to use a Taser on what she maintains was a compliant and handcuffed man.
"It’s not an arrestable offense to not hand over identification...Tasers should only be used for a criminal offense," said Trimble. As the director at the NYCLU, Trimble is no stranger to the Taser debate. She has been outspoken on the issue and believes that Tasers can be dangerous and should only be used as a last resort in criminal offenses.

Bolden was with several family member during the incident who witnessed the arrest. He did not return a call for comment.

Trimble clashed with Murley this spring after a 15-year-old boy was stunned with a Taser and arrested at Crossgates Mall. The NYCLU demanded then that Guilderland Police stop using Tasers.

Murley in April said his department has strict rules regarding the use of Taser guns, employing them only when suspects are out of control and a danger to themselves or others. At that time, 25 suspects had been tased in the 28 months the department had been using Tasers, Murley said.

Tasers have been an effective tool for the Guilderland Police since 2003, Murley said, and have lowered the number of officer and suspect injuries.