Grand Jury clears officers in school tasing incident

Noe Nino de Rivera
Noe Nino de Rivera

AUSTIN (KXAN) – A Central Texas grand jury handed in a “No Bill” ruling Tuesday in the case of school resource officers who used a Taser on a Cedar Creek High School student that ended up in a coma.

A no bill means that there is not enough evidence to file criminal charges in a case.

Officer Randy McMillan said he used his Taser on 17-year-old Noe Niño de Rivera on Nov. 20 because he interfered as officers attempted to break up a fight between two girls.

Rivera’s family claimed the teen hit his head as he fell to the ground and the incident led to the teen being placed in a medically induced coma.

The grand jury determined there wasn’t enough evidence to bring charges against McMillan and officer Timothy Stalcup, Adam Loewy, the Rivera family’s attorney, tells KXAN.

The family has filed a federal lawsuit claiming their son suffered a traumatic brain injury after being tased.

The Bastrop County Sheriff released the following statement following the anouncement of the grand jury’s decision:

Today the Bastrop County Grand Jury met and reviewed a use of force case in which Bastrop County Deputy Randy McMillan deployed his taser against Noe Nino De Rivera at the Cedar Creek High School on November 20, 2013. A special prosecutor and the Texas Rangers presented the facts of the case for which the Grand Jury concluded that Deputy McMillan acted within State Statutes and returned a no-bill finding recommending no further action was necessary for either party.

An administrative investigation conducted by Bastrop County Sheriff’s Office has also concluded that Deputy McMillan acted within the use of force policy and guidelines. We are still awaiting the review by the Department of Justice. Because of this and pending civil litigation, the Sheriff’s office is not able to comment further or give specific details of the incident.

Sheriff Pickering said “I am confident that the Grand Jury conducted a thorough review of the incident and I respect their decision and recommendation.”

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