Updates

Judge Orders Removal of TASER Electronic Control Device Reference From Three Death Certificates in Akron

SCOTTSDALE, Ariz., - TASER International, Inc. (NasdaqGS:TASR - News), a market leader in advanced electronic control devices, announced that a judge ruled that the Summit County Medical Examiner in Ohio must change its autopsy findings to remove all references to the TASER(r) Electronic Control Device (ECD) as a contributing cause of death in three cases in which three men died during confrontations with law enforcement. On Friday, May 2, 2008, after a four-day trial in Common Pleas Court, visiting Judge Ted Schneiderman, stated that there is "simply no medical, scientific or electrical evidence to support the conclusion that the TASER X26 ECD had anything to do with the death of Dennis S. Hyde, Richard Holcomb, or Mark D. McCullaugh. The Medical Examiner failed to present any evidence of the use and effect of TASER devices." The Court also announced that TASER International and the City of Akron "have proven their claims for changing the reports of autopsy and death certificates on the three individuals by more than a preponderance of the evidence" as well as "provided overwhelming credible medical and scientific evidence to support their positions.'' The factual evidence regarding these deaths was undisputed, as the court found, and the expert testimony was "overwhelming'' that TASER devices played no role in these three unfortunate deaths. Those experts included:

  • Four Board-certified, seasoned forensic pathologists from Cleveland, New York, St. Louis, and Texas, with extensive experience in sudden death issues, including a former president of the National Association of Medical Examiners;
  • Board-certified cardiologists and electrophysiologists from Columbus, Ohio and Indianapolis, Indiana;
  • One of the nation's leading toxicologists; and
  • A Board-certified ER physician who has conducted more than 15 studies and experiments with more than 500 human volunteers on a diverse array of physiological issues, none showing any detriment to humans from low-power TASER devices.

This lawsuit was filed against the Summit County Ohio Medical Examiners over three autopsies in which they stated that the TASER device was a contributory cause of these three in custody deaths. The City of Akron joined TASER International as a co-plaintiff in this suit which simply followed Ohio law by asking for the court to perform its "checks and balances'' role that the Ohio legislature mandates. The Court ruling overturned the medical examiner's determination of cause of death in all three cases, removing the TASER device as a cause of death and changing the manner of death from "homicide'' to "accidental'' in Hyde and Holcomb and to "undetermined'' in McCullaugh. "On behalf of the 15 law enforcement officers and medical personnel who have been indicted on criminal charges and/or sued in civil lawsuits relating to the death of Mark McCullaugh, we are very pleased with the Court's ruling today,'' said Rick Smith, CEO and Founder of TASER International. "Of all of our court wins, this is probably the most gratifying as TASER International had nothing to gain from this litigation. TASER International had already been dismissed from civil litigation in two of these death cases and we were never sued in the third case. We brought this suit as a matter of principle, to do the right thing to assist the 15 law enforcement officers and medical personnel who are being criminally prosecuted and/or civilly sued for these deaths due to the errors made by the medical examiners. Most of these officers, medical personnel, and their attorneys were present in the court room with their families and expressed their appreciation to TASER International during the trial for taking on this fight.'' "This litigation best represents the values of our Company. Our leadership made a significant financial commitment and drew the ire of many critics by bringing this litigation as a matter of integrity in support of the enforcement officers and medical personnel who rely on our product in the field. We are hopeful that the criminal charges, including murder charge, pending against these individuals will now be dismissed as a result of this litigation,'' said Smith.

"TASER International believed from the beginning that these determinations of cause of death must be supported by facts, medical research, and scientific evidence,'' concluded Smith. A copy of the ruling is available at: http://media.ohio.com/documents/TASER.pdf About TASER International, Inc. TASER International's products protect life. TASER provides advanced Electronic Control Devices (ECDs) for use in the law enforcement, medical, military, corrections, professional security, and personal protection markets. TASER devices use proprietary technology to incapacitate dangerous, combative, or high-risk subjects who pose a risk to law enforcement officers, innocent citizens, or themselves in a manner that is generally recognized as a safer alternative to other uses of force. For more information please call TASER International at (800) 978-2737 or visit our website at http://www.TASER.com. For more information, contact: TASER International, Inc. Steve Tuttle, Vice President of Communications Media ONLY Hotline: (480) 444-4000 This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended (the "Securities Act''), and Section 21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act''), including statements, without limitation, regarding our expectations, beliefs, intentions or strategies regarding the future. We intend that such forward-looking statements be subject to the safe-harbor provided by the Private Securities Litigation Reform Act of 1995. The forward-looking information is based upon current information and expectations regarding TASER International. These estimates and statements speak only as of the date on which they are made, are not guarantees of future performance, and involve certain risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results could materially differ from what is expressed, implied, or forecasted in such forward-looking statements. TASER International assumes no obligation to update the information contained in this press release. These statements are qualified by important factors that could cause our actual results to differ materially from those reflected by the forward-looking statements. Such factors include but are not limited to: (1) market acceptance of our products; (2) our ability to establish and expand direct and indirect distribution channels; (3) our ability to attract and retain the endorsement of key opinion-leaders in the law enforcement community; (4) the level of product technology and price competition for our products; (5) the degree and rate of growth of the markets in which we compete and the accompanying demand for our products; (6) risks associated with rapid technological change and new product introductions; (7) competition; (8) litigation including lawsuits resulting from alleged product related injuries and death; (9) media publicity concerning allegations of deaths and injuries occurring after use of the TASER device and the negative effect this publicity could have on our sales; (10) TASER device tests and reports; (11) product quality; (12) implementation of manufacturing automation; (13) potential fluctuations in our quarterly operating results; (14) financial and budgetary constraints of prospects and customers; (15) order delays; (16) dependence upon sole and limited source suppliers; (17) negative reports concerning the TASER device; (18) fluctuations in component pricing; (19) government regulations and inquiries; (20) dependence upon key employees and our ability to retain employees; (21) execution and implementation risks of new technology; (22) ramping manufacturing production to meet demand; (23) medical and safety studies; (24) field test results; and (25) other factors detailed in our filings with the Securities and Exchange Commission, including, without limitation, those factors detailed in the Company's Annual Report on Form 10-K and its Form 10-Qs. The statements made herein are independent statements of TASER International. The inclusion of any third parties does not represent an endorsement of any TASER International products or services by any such third parties.