Officer Suspended For Shocking Cow

Last updated Thursday, March 6, 2008 11:30 AM CST in News

By Don Dailey
THE MORNING NEWS

    ROGERS - An investigation kicked off by a complaint from an animal-rights organization has ended with a ranking Rogers police officer suspended without pay for shocking a cow with a department-issued electric stun gun.

    Lt. David Mitchell, a 14-year veteran of the department, will begin a two-week suspension March 17, said Police Chief Steve Helms.

    The city released the findings of the internal investigation Tuesday, and it showed an off-duty Mitchell fired a Taser-brand stun gun at two cows while a friend of Mitchell's videotaped the results. The incident happened on June 11, 2006.

    Criminal charges against the men are unlikely because animal cruelty is a misdemeanor, which carries a one-year statute of limitations.

    A message left on Mitchell's Police Department voice mail wasn't immediately returned.

    Mitchell told the investigator that he came up with the plan to test the stun gun on a cow after an on-duty incident in which a large suspect was unfazed by the shock delivered by the less-lethal weapon.

    He and the other man, who is not a Rogers police officer, went after church to property Mitchell owned to carry out the plan, the investigation found. The cows were owned by Mitchell's family.

    The cartridges Mitchell used were defective and had been taken out of service. Mitchell's first attempt to hit a cow failed and he and the other man were shocked instead. Mitchell and others who saw the video found that portion to be funny, the investigation found.

    The second attempt struck a different cow and it appeared to be mildly affected by the shock. The probes quickly fell out of the animal's skin, Mitchell told the investigator. Interviews with those who had seen the video seem to back up Mitchell's account.

    Several people, including Helms, other high-ranking members of the Police Department, a deputy city attorney and a deputy Benton County prosecuting attorney, saw the video in the months following the incident.

    Mitchell sought out Helms to show him the video. Helms said Tuesday he found the video humorous but it didn't occur to him at the time that Mitchell had broken any law or violated any department policies.

    "The joke was on Lt. Mitchell and his friend getting shocked, not the cow being Tased," Helms said.

    Helms said he should have recognized the incident as worthy of investigation of wrongdoing.

    "I didn't look at it in its totality, I guess," Helms said.

    "I fully accept and deserve some sort of admonishment, some punishment," he added.

    Rogers Mayor Steve Womack said he was satisfied with Helms' decision to suspend Mitchell, and he "will deal with the chief separately on the issue."

    "I think the chief regrets he did not handle the issue the first time around," Womack said.

    Helms said defective stun gun cartridges are sometimes used for training, and he will implement new policies to better track the use of cartridges deemed unfit for street-duty use.

    The incident came to light when the People for the Ethical Treatment of Animals sent a letter to Helms, Womack and City Attorney Ben Lipscomb saying it had learned from a source affiliated with the police department that Mitchell had shocked a cow and videotaped it as a joke.

    Womack said he did not intend to report the outcome of the investigation to the animal-rights organization but he would talk to anybody with PETA who called him.

    Stephanie Bell, the PETA representative who sent the letter to the city, said Tuesday the group is glad action was taken against the officer.

    "We are, of course, quite disappointed that cruelty-to-animal charges can't be pursued against this individual," Bell said.

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    Reader Comments (55 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    ozarks wrote on Mar 4, 2008 3:06 PM:

    " Just when I though this beefy story had been put to bed. Hey Mitchell, I'd suggest we go fishing while you're off but if PETA got wind of that the would cause you even more trouble. I hope you have been taught a lesson. You should never stun cows. That is for humans only. "

    justalocal wrote on Mar 4, 2008 3:37 PM:

    " Wow what justice is that? It happened 2 1/2 yrs ago .. can't even be charged because of time past but he can be suspended by someone who watched the video that long ago??? I think the Rogers needs a new police chief!! "

    ironfortified wrote on Mar 4, 2008 4:40 PM:

    " This would be so funny if it didn't reek of incompetence from top to bottom. The RPD is making a serious effort to overtake Lowell government as the punchline for NWA. "

    masonstorm1958 wrote on Mar 4, 2008 5:10 PM:

    " It'll be poetic justice if the cow stuns him back! Ha1 Ha! "

    holycow wrote on Mar 4, 2008 5:42 PM:

    " As a parent, does this mean if one of my child's goldfish die, I am going to be in trouble? I will have to make sure that no one notices if I flush it down the drain. Better prepare a proper burial indeed. "

    Twinkie wrote on Mar 4, 2008 7:12 PM:

    " Just wondering if this will turn it into a moooooooot issue? "

    JustRight wrote on Mar 4, 2008 8:14 PM:

    " But it's ok to walk out in the pasture and cut the cow's throat or have the labaoratories butcher animals to find a cure for a disease, but that poor hunk of beef had to suffer such a horrific action of being shocked. I watched hogs killed in a plant and they are shocked first before cutting their throats. Let this crap go and leave it alone. This is all about politics and the Sheriff election. It's not different than Andy Lee waiting for the cameras to arrive for a bust when he was Sheriff so he could be seen on TV with his gun drawn over the bad guy. Even though the arrest occured 20-minutes before the media arrive. "

    Twinkie wrote on Mar 4, 2008 8:17 PM:

    " Steve Helms is running for sheriff???? "

    JustRight wrote on Mar 4, 2008 8:36 PM:

    " I heard Andy Lee was dropping out of the race to be a Federal Marshal. "

    cybertech wrote on Mar 4, 2008 8:49 PM:

    " I have an idea for Peta members. Line em all up, hit them with the tazer, let em recover from that then hit them with a cattle prod. lol Let me tell you after the cattle prod if ever given a choice between the tazer and the prod, trust me, they would choose the taser hands down. lol

    That cow did feel anything less than what a mosquito bite would feel like to us. Besides that you would have thought according to Peta that Mitchell had just mutilated a dog or cat.

    The fact of the matter here is that the statute of limitations was up so Mitchel could not be charged with a crime, and this short suspension was just to appease those annoying people from Peta. Personally I think they should have just told Peta to stuff it. It is really pathetic when they and those that contacted them had to witch hunt something up out of the past just to make some sort of headline. If it had been something really bad like uncovering an unsolved murder than yea, but this, and then attempting to paint Mitchell in the same light as person that would mutilate an animal for no reason? Just another attempt for PETA to get their name out there as an annoyance. "

    Twinkie wrote on Mar 4, 2008 9:18 PM:

    " Yeah well, I heard Andy Lee is like Chuck Norris.............. he wouldn't tase the cow he'd just order it to moooooooove. "

    HudsonHawk wrote on Mar 4, 2008 10:21 PM:

    " I am sorry, but this is totally ridiculous. The statute of limitations was expired, as stated. For those who say he needed to be suspended or worse, I ask this.

    Lets say you work at an office and "borrow" a stapler for your home use, and return it. You even have a conversation with your boss about it after the fact. Then two years later, a co-worker becomes upset and reports you for stealing the staples you used by didnt return (misdemeanor theft with 1 yr statute of limitations). Should you be suspended for a day and scrutinized in public??

    "

    ozarks wrote on Mar 4, 2008 10:25 PM:

    " holycow..You are flushing goldfish? Tell me it anit so? First, as a card carring PETA member, we will need to know why the fish died in the first place? Agents will be by in the morning to take a statement and will be sending letters to your employer and the media. There will be no goldfish flushing in this county. :) The next thing that will happen is people will try and gather fish with sharp hooks and fillet them before they are dead and eat them. We have to be civilized, don't you know? "

    HudsonHawk wrote on Mar 4, 2008 10:32 PM:

    " Cant figure why my last post was pulled.

    I also cannot believe they suspended him. To sum up my last post, for those who think he deserved a suspension, here goes. If you borrow a stapler from your office, should you be suspended two years later for the mis-use of the staples, as well as publicly embarassed? "

    HudsonHawk wrote on Mar 4, 2008 10:33 PM:

    " Sorry, it disappered and then came back "

    nitsur wrote on Mar 4, 2008 10:42 PM:

    " Has anyone that is commenting actually seen this video? "

    stellingbelle wrote on Mar 4, 2008 10:54 PM:

    " Personally, I would like to see this paper cover Lt. Mitchell in a positive light. He is a hard working, intelligent individual that deserved way more respect than I have seen given to him here.
    "

    HudsonHawk wrote on Mar 4, 2008 10:54 PM:

    " Nitsur, why do you ask. are you just curious, or implying that our opinions are somehow less valid for not seeing it. "

    HudsonHawk wrote on Mar 4, 2008 10:57 PM:

    " belle read the editorial ...Movin Movin Movin

    The writer sums up all how silly this entire thing is and, although pokes fun at Lt Mitchell, leads me to believe he does not fault him. "

    stellingbelle wrote on Mar 4, 2008 11:03 PM:

    " Hawk, read it. I consider Lt. Mitchell as a dear friend, he may have done some silly things but he is no less human than the rest of us. I have nothing but the highest respect for him and the other officers that are out there protecting the rest of us. "

    HudsonHawk wrote on Mar 4, 2008 11:09 PM:

    " I wish all people would remember that those in law enforcement are "people like the rest of us" and subject to mistakes. Would everyone be able to endure the constant fear of having even the littlest mistake broadcasted on page one?? Yes people, sometimes that's all it is. A mistake. Not some big conspiracy or act of corruption. Just a mistake. "

    stellingbelle wrote on Mar 4, 2008 11:12 PM:

    " Well said HudsonHawk "

    ssmrfixit wrote on Mar 4, 2008 11:39 PM:

    " Maybe it should not be a Career ending incident but it should be a Career changing incident. I would highly expect that he would change the way he conducts his life. Not just in the presence of others; in the way he conducts ALL his life. If he can learn from this experience (and only those around him can verify that) then maybe he can be an effective police officer. HE MUST LEARN AND CHANGE!! "

    HudsonHawk wrote on Mar 5, 2008 12:01 AM:

    " ssmrfixit,
    By the way, your comment about your daughters confuses me. Why are you expecting your daughters to have interaction with the police?? What about his actions suggests that he would be anything other than professional should your daughters commit a crime or traffic violation and force him to have contact with them?

    Have you ever broken the speed limit? maybe you should not be allowed to have passengers under 18. At least that would be more relavant than your point. "

    ironfortified wrote on Mar 5, 2008 12:16 AM:

    " This isn't about the cow. It's about the lack of accountability in the Rogers PD. If Lt. Nelms had used his sidearm or his police cruiser to pull some juvenile stunt with a buddy would you be more upset?

    Lt. Nelms will have to walk a very fine line for the rest of his career. If brutality is ever alleged against Lt. Nelms, this video and the account of him making a drunk pedestrian do jumping jacks will be brought up. If Lt. Nelms ever has to use his taser in a situation not involving livestock, this incident will come up. This 1 incident 2 years ago brings into question the taser training of all Rogers officers.

    Undoubtedly the media has already FOIed the video. By the end of the week it will be on Youtube. Lt. Nelms actions reflect poorly not only on the Rogers PD but also all Rogers employees and elected officials (and I should not have to remind anyone of the other animal cruelty incidents in Rogers recent past).

    It is a shame many of you view this as a joke. Rogers citizens won't be laughing so hard when they have to defend the culture of the Rogers PD in court. "

    cybertech wrote on Mar 5, 2008 12:23 AM:

    " Well stated in all comments Hudson.

    I pose this again. Has anyone ever been popped with a cattle prod??? lol Those are used all the time to herd cattle on and off cattle cars.

    A tazer isnt even close to the shock from a cattle prod.

    As well the cow was not harmed and is has most likely moved on to and through the digestive system on many humans already.

    Some people just have nothing better to do than to make a huuuuuuugggggeeee issue over a small matter and PETA is well known for doing just that trust me. Pray one day you never run into one or more of their members while eating a burger, you'll get the riot and guilt act for sure.

    This whole issue is really ridiculous and totally overblown and is pretty much indicative of those that love to force their lifestyles on others, but may the lord forgive you when you try to do that back to them, because then they make a media frenzy out of it.

    Contd.......... "

    cybertech wrote on Mar 5, 2008 12:29 AM:

    " Contd............

    I dont even feel that a short suspension was necessary in this matter.

    So you spend your life in service to others and do many great things in your life but God help you if you do one minor wrong thing, because there are so many out there that will criminalize you for it totally oblivious to the many good things you may have done!

    I dare any one of those out there complaining about that one thing, to get off your butts and get into their shoes for just one day, one day.

    I am continually amazed at how those same people out there preach about humanity but when, such as in this case, one person does one stupid thing, ooohhhhhh well that person is and always has been inhumane huh??? Least thats what you are preaching now. How much more hypocritical can you get than that? lol "

    stellingbelle wrote on Mar 5, 2008 12:43 AM:

    " ironfortified- your comments might be taken more seriously if you could even get the names of the involved parties correct. "

    justalocal wrote on Mar 5, 2008 7:59 AM:

    " OMG you sound like you have a grug to bear against this officer... fitting name you have for your comments!!
    Lets talk maturity...You should state that you know him and don't like him... and it is a personal thing.... your comments prove that.
    It isn't about the cow for you!! "

    dragonfly wrote on Mar 5, 2008 8:03 AM:

    " OMG--Sounds as though you have an axe to grind with this officer.
    It amazes me that 2 1/2 years after the fact this officer is punished is unbelievable, not to mention the fact that until now I haven't heard anything bad about this officer.When was the last time you had a hamburger?I think some of you people out there should have to live on a farm for some of your lives.At what point is PETA going to sue the state for the Coyotes killing baby calves?That is inhumane, I have seen it happen.What about the hog farms where the sows will eat the weak ones?Do we need PETA involved?Punish the Hog for killing it's young.This officer is HUMANE.... it means he will make mistakes and bad judgements just like the rest of us.(the few of us who are not saints)Once again I go back to the farm.Cattle prods are much more potent than a taser.I used one several times while working cows on the farm.Do I need punished?What about the people working at sale barns?Let's call PETA on them.Those harding working people trying to make a living.You people need to grow up and spend your energy on things that are important.Like the pediphiles getting probation instead of prison time.
    ssmrfixit--Have you ever made a mistake you regretted in your life?Sounds like maybe you haven't.Your time will come.No one is perfect.Just because he tasered his cow doesn't mean he will taser your daughters "

    dragonfly wrote on Mar 5, 2008 8:05 AM:

    " correction ---should be The officer is HUMAN. "

    BCR wrote on Mar 5, 2008 8:23 AM:

    " On the news last night, they said it was HIS cow. If it was his, does he not have the right to do with it what he wants? Also, what is the difference between hitting a cow with a tazer and poking it with a cattle prod, or enclosing it in a field surrounded by an electric fence? PETA is a ridiculous organization, that takes the very legitimate issue of animal abuse to an extreme that makes them appear fanatic. The officer had his reasons for tazering his own cow. He was stupid for recording it and sharing it. "

    justalocal wrote on Mar 5, 2008 8:26 AM:

    " BCR my understanding is, the dept had tazered a 350 lb man during an arrest and the tazer didn't faze him, so the officer was testing it to see what it would do on a cow. Even though PETA would never admit it, the cow isn't fazed in the video. I believe the cows belong to a family member. "

    work12 wrote on Mar 5, 2008 9:31 AM:

    " local and fly, if any one sounds bias its you. OMG is absolutely correct. A person who can not control themselves should not be a Lt or a police officer. I dont care what his reasons were for zapping a cow, but he should understand there are consequences for stupid actions, mistake or not. Its actions like this that give LEO a bad name. "

    BCR wrote on Mar 5, 2008 9:46 AM:

    " Standard policy in most law enforcement agencies is that these "non-lethal" weapons be tried on every individual who will carry one. I have two relatives in law enforcement, one with the county. Both have been tazered while they were being trained to use the device. SO, there's no real question as to what affect these things have, other than to see what it would do to a large animal. Cruelty to animals is a serious issue. Testing a tazer on a cow may not be serious, but where do we draw the line? Again, zapping a stupid cow is not the real issue here. Recording it and spreading it around was the problem. "

    gestopomilly wrote on Mar 5, 2008 10:59 AM:

    " what law or regulation did this cop actually break? i doubt there is a line in the handbook that says cops cant shock cows! these peta people need to realize.. animals are property. and the people in charge outa be strong minded enough not to 'cow-toe' to public opinion! "

    dragonfly wrote on Mar 5, 2008 3:20 PM:

    " BCR-- I agree that animal cruelty is a serious problem.It is apparent if you have ever watched any of the shows on discovey.It is a problem.... but you guys make it sound like a vet had to be called and the cow suffered serious injury.It was a poor judgement call on the officer to film this and show it.Have you ever done something and wished you hadn't?I am sure this officer regrets what he has done.This is so stupid to waste time and money on this.
    I don't think he was issued his taser gun....and said "oh I can't wait to get home and zap my cow.I already have her picked out.Can I go ahead and clock out so I can go do this?"That is immature thinking, however I don't think that is how it happened.I would bet he thought about it and did it on the spur of the moment.Most people would never have thought anything about this had it been me.I would not have made the paper.But he was not on the job, on his own time, yes it was city property, but no harm no foul.Pay the city for the used cartridge and be done with it. "

    2fedup wrote on Mar 5, 2008 4:49 PM:

    " Well, the Mayor is going to "deal" with this. Is he going to "deal" with the candidate who left his gun at Panera Bread? I do not understand why he thinks this cow thing is worse.
    work12...if you know mitchell is a LEO, then your comments dont count, it is obviously a personal thing with you. At the next debate, can someone ask Cradduck if he is the one that called PETA, and ask him if it was personal. "

    10-4 wrote on Mar 5, 2008 8:07 PM:

    " 2fedup - So what is your beef with Cradduck? Just wondering? "

    10-4 wrote on Mar 5, 2008 8:09 PM:

    " Twinkie - There is beef to your comments! But I will remain MOOOOOT! Cause you made the point perfectly. :) "

    justalocal wrote on Mar 5, 2008 8:56 PM:

    " Lets see.. Don Dailey who wrote this article told me when he first broke this great news story about the cow, that he was investing Cradduck and the gun left at Panara Bread story but he doubted if it would ever make news...
    now we have to wonder why the Morning News is not willing to break a "REAL story" and not one that is ancient and didn't put any human life in danger!!! "

    10-4 wrote on Mar 5, 2008 9:03 PM:

    " ustalocal - Sorry you have lost me,,, Is this the gun issue? You are talking about? Or what? "

    Twinkie wrote on Mar 5, 2008 9:13 PM:

    " Shhhhhhhhh 10-4. The zookeepers do not like me being fed. Besides, I think it's funny how stories that really aren't 'real' get the attention they do. But then the gate keepers don't like me getting fed either. I better leave the 'walker, texas ranger,' comment alone though. "

    justalocal wrote on Mar 6, 2008 12:04 PM:

    " 10-4 Yes I was talking about the Morning News investagating but not running the story about the gun.
    Apparently an officer leaving a loaded gun where a child could pick it up... is not news worthy!! "

    justalocal wrote on Mar 6, 2008 12:06 PM:

    " obviously I am not a cop as I can't even spell investigating correctly!! "

    Taser Guy wrote on Mar 6, 2008 2:30 PM:

    " A staple versus a taser cartridge? How can you compare them. A taser cartridge costs approximately $25. They have shelf lives. If there is a defect in the cartridge, while still under the shelf life, Taser International will replace it, free of charge. So what this guy did was steal from the Department. Secondly, was the Taser his personal taser or did he, while off-duty, borrow it from the Department as well. The DPM batteries for the Taser are expensive. Regardless of this the point is a POLICE OFFICER violated a criminal law. OK, say he can't be charged because of the statute of limitations. FIRE HIM! What RPD just said is, "If you commit a crime, just wait for the statute of limitations to expire, you won't be charged and you will still be employed." Hey, that should be the RPD slogan. I would like to see it on your web page. WHAT A JOKE!! Above the law? Only Mitchell and only in Rogers. "

    justalocal wrote on Mar 6, 2008 3:51 PM:

    " Taser guy.. I think the chip on your shoulder is kinda outweighing your words... need it tazered off? LOL
    "

    justalocal wrote on Mar 6, 2008 7:38 PM:

    " Don Dailey (writer of this story) My Apologies, I thought you had told me that you doubted the gun at Panara Bread would make the news. When in fact your actual words were "I'm looking into it. I don't know if it will become a news story, however".

    I read that to mean you doubted it.. didn't mean to put words into your email :)
    "

    dragonfly wrote on Mar 7, 2008 7:45 AM:

    " 10-4 if you are out there.... just wanted you to know I had my meeting eith Andy. "

    10-4 wrote on Mar 7, 2008 8:40 AM:

    " dragonfly - and? "

    dragonfly wrote on Mar 7, 2008 11:18 AM:

    " For any bloggers out there that would be interested in a Bloggers coffee with Andy, please email me @ dragonfly.1962@yahoo.com or let me know on the blogs as I will be watching to see if anyone would be interested. "

    ssmrfixit wrote on Mar 8, 2008 10:44 PM:

    " Hello again, I see my post from the past has been removed. So I say it again; This shows (assuming the reports are true) the true character of the man. To hurt an animal for fun is very poor character; a quality I do not want in anybody invested in public trust. A mistake is where you were trying to do what was right and missed the mark. This seems to be where this officer was not even trying to do what was right. I would give anybody a second chance but not until they come to me with an apology and decide to change their ways. This officer probably deserves a second chance but lets hear the apology and see the contrite spirit.
    "

    dragonfly wrote on Mar 9, 2008 9:38 AM:

    " ssmrfixit-- It is my understanding that they had tazed a large man and it did not stun him. If there was in fact something wrong with the tazer.... do you try them out on a person or would you find something large to try it on? It sounds to me like he was doing the right thing and trying it out on something large and not a person. I think his only mistake was making the video of the experience and showing it around. Maybe showing his superior the results. I hope and pray that you are never in need of the police and they are trying to taze someone assulting you and it is not working and you get hurt. Because the person was large and it didn't faze them. "

    ssmrfixit wrote on Mar 10, 2008 5:52 PM:

    " as I have said before and will say again, I am only looking at the tip of the iceberg. My connection is tooo slow to do video so I have not seen it. I am sorry if I have judged this officer with false assumptions. I wish the article would have had more facts in it. There is enough blame to go around here but I need to take responsibility for myself. If this officer was not having fun tormenting a cow, then I have unjustly caracterized him and I owe him an apology. "

    ozarks wrote on Mar 11, 2008 8:09 PM:

    " Does any one remember the song "Shock the Monkey". Was that with a Tazer and why has PETA not had the song band? That was a big dance turn for sure even though I never understood the song. Who sang it? The Police I think it was? True story. "


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