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KFOX14 Investigates: Lawyer says police tased man having seizure at least 10 times
Court documents show man was tazed after a seizure that caused a car crash

New evidence in a KFOX14 Investigation reportedly shows a man was tased at least 10 times by El Paso police.

In February, KFOX14 Investigates reported an El Paso man was the victim of alleged brutality after suffering a seizure while driving.

Javier Ortega was allegedly beaten and shot with a stun gun several times by police after crashing his car into a rock wall on McCombs Street in December, according to police reports.

Ortega was charged afterward with evading arrest, resisting arrest, interference with public duties and also cited for a DWI.

Six months later, the district attorney's office has not dismissed the charges against Ortega.

Ortega's attorney, Justin Underwood said he's now seen dashcam video from the incident and tells KFOX14 Investigates, it's hard to watch.

"You can hear Mr. Ortega gasping and saying, 'Please stop, please stop.' It's hard to listen to. It's hard to listen to. This goes on for over 10 minutes," Underwood said.

The police report states Ortega was tased three times, but after watching the video, Underwood said it's much more.

"I can tell you this man having a medical emergency was stunned either by regular tasing or a 'drive stun' at least 10 times," Underwood said.

In addition to the video from the officer's dashcam, Underwood points to the police report in which the officer admits he repeatedly beat Ortega with a baton and used "drive stuns."

"Drive stuns are done when they are stuck on to the person," Underwood said. "The likelihood of death being increased every time."

Photos show Ortega's bruised and beaten body after he was taken to University Medical Center after the crash.

A responding police officer apparently thought Ortega was drunk and not complying with commands.

Ortega's doctor and lawyer both say a person is often disoriented and confused post seizure.

The police report states the officer repeatedly hit Ortega with a baton.

Ortega was still charged with a DWI despite hospital records showing he did not have any alcohol in his body.

In medical records from the El Paso Fire Department, paramedics wrote that on the way to the hospital, Ortega appeared to suffer another seizure in the ambulance.

A police officer was also in the ambulance at the time, according to the records.

A few days after the accident, Ortega was also charged with evading arrest, resisting arrest and interfering with public duties and cited for a DWI.

"The video of him screaming, the sound of his voice screaming while that Taser is constantly clicking over and over again is horrific," Underwood said.

There's still evidence Underwood said may not have been turned over to him.

According to the police report obtained by KFOX14 Investigates, at least six officers showed up at the scene.

But Underwood said only video from one patrol car has been turned in and shared with him.

"It's crazy to me to think they are getting dispatched to assist an officer in this type of situation going on and neither of them have their microphones or cameras turned on," Underwood said.

Even though the charges have not been dropped, Underwood said he's optimistic the case will not go to trial based on Ortega's medical records.

But now, he said, he's working on a civil case.

"The city of El Paso, in my opinion, is eventually going to have to answer for this," Underwood said.

El Paso police have not commented on the case except to say it is under investigation by internal affairs.

KFOX14 Investigates has repeatedly requested documents from the investigation.

We have not been given copies of the audio, video or reports from the internal affairs investigation.

The city says it is an ongoing investigation

The district attorney's office does not comment on pending case.

Ortega's doctor told KFOX14 Investigates he had been seizure-free for more than six months and there were no restrictions on his driver's license.

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