AUSTIN (KXAN) – The video of the Cedar Creek High School student who was tased by a school resource officer was released Wednesday.
Noe Niño de Rivera’s family stood by as their attorney Adam Loewy played the school surveillance video, without audio, of the officer tasing him as reporters watched. Loewy said the video shows a use of excessive force, however, investigators note it does not clearly demonstrate what happened prior to the tasing.
Maria Acosta, Niño de Rivera’s mother, said he was briefly released from the intensive care unit into a rehabilitation center but was quickly taken back to ICU after suffering a setback with a traumatic brain injury. Lowey said Niño de Rivera’s hospital bills are more than $1.5 million and growing.
“He is completely dependent upon me now,” she said. “He used to be independent.”
Officer Randy McMillan tased Niño de Rivera on Nov. 20 because he interfered as they attempted to break up a fight between two girls. Loewy said he believes there was a delay in getting aid to Niño de Rivera at the school and has filed a federal lawsuit. A grand jury will convene soon.
The other school resource officer who was on the scene at the time of the incident, Tim Stalcup, agrees with McMillan’s account of the events, but the Bastrop County Sheriff’s Office will not comment on the case since it’s in litigation. McMillan was moved out of the school and onto patrol until the Texas Rangers complete the investigation.
Earlier this week, the state’s largest police association defended the tasing, saying the teen appeared coherent after the tasing and even apologized to officers during the incident.