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Officers cleared in Taser case

by NICHOLAS LEDDENThe Daily Inter Lake
| March 17, 2009 1:00 AM

An internal investigation by the Kalispell Police Department has cleared of any wrongdoing two officers who used a Taser to subdue a 15-year-old boy Feb. 27 outside a basketball game at Flathead High School.

"We found that our officers acted appropriately," Lt. Wade Rademacher said.

Investigators reviewed police reports, statements from witnesses and the officers themselves, and surveillance footage of the incident, Rademacher said.

A surveillance camera mounted on the high school recorded the confrontation and struggle between Hunter Mortenson,15, and Kalispell officers Garret Smith and Melissa Smith. The footage - which is somewhat grainy, distant, and recorded at about one frame per second - appears to show Mortenson attempt to run from police.

Hunter Mortenson's father, who previously had voiced displeasure at the level of force used by police, had no comment Monday on the internal investigation's outcome or the events that occurred Feb. 27.

"I choose to move forward in a positive direction with my son and the KPD," Jeff Mortenson said.

According to police, a school official asked the two officers to remove a Glacier High School student attending the basketball game between Flathead and Glacier.

Hunter Mortenson, who was the banned student's ride, reportedly left the game as officers and school officials were asking the other boy, who had since returned, to leave a second time.

School officials then asked Mortenson for his student identification and realized he had a tin of chewing tobacco in his pocket.

As the confrontation escalated, officer Garret Smith approached the area where officer Melissa Smith was standing with Mortenson and the school official.

Hunter Mortenson tried to run and then actively resisted arrest, Kalispell Police Chief Roger Nasset said.

"As he was approaching, Hunter took off running," Nasset said. "That's the information [Garret Smith] he had when he got on scene."

The surveillance video shows Mortenson and the group of people around him quickly move about 10 or 15 feet before Garret Smith deployed his Taser and Mortenson was brought to the ground.

Smith used his Taser a second time to contact-shock Mortenson when the youth continued to resist, according to police.

Nasset said Monday the officers' use of force was proper for taking the situation under control.

Mortenson was arrested and charged with resisting arrest, trespass, and possession of tobacco, all misdemeanors. He later was released to a parent. Mortenson also was suspended from school for a week.

Nasset said he and Jeff Mortenson have had "cordial" meetings regarding the incident involving his son.

"The way that we deal with this from here on out is very important for [Hunter's' potential down the road," Nasset said.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com