Austin's Morning News
Video reveals why sheriff's deputy used Taser on Bastrop student
BASTROP, Texas -- Newly obtained video reveals, for the first time in his own words, why a sheriff's deputy said he used his Taser on a 17-year-old high school student last year, leaving him with brain damage. Deputy Randy McMillan told investigators Noe Nino De Rivera, a student at Cedar Creek High School, was acting combative and was in a "fighting stance" in the moment he used the weapon, causing the student to fall back and hit his head. "I felt the best course of action would be the Taser," McMillan said in a videotaped interview with the Texas Rangers, who were investigating whether he used excessive force. "With pepper spray, there's just too many kids in there. I felt the Taser was the best way to get him under control." The deputies had been investigating a fight between two female students at the school, one of whom was Nino De Rivera's girlfriend. A Bastrop County Grand Jury in May declined to indict McMillan and fellow deputy Timothy Stalcup on any charge. Grand jurors also did not indict Nino De Rivera, who remains in a Hill Country rehabilitation center. The incident remains under investigation by the FBI, and Nino De Rivera and his family have sued the county in U.S. District Court."