Teen's excessive force claim, video evidence at odds - CBS46 News

Teen's excessive force claim, video evidence at odds

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Cell phone - left, dash cam - right (Source: WGCL) Cell phone - left, dash cam - right (Source: WGCL)

Two videos showing the exact same arrest from different angles are giving two different versions of a story. A lawyer is making a claim against the Cherokee County Sheriff's Department based exclusively on a noise he is hearing in a cell phone clip.

"When the video starts, the first thing you hear is a taser," explained attorney Kyle Koester.

But the sheriff is looking at the dash cam video when he says that's not true.

"What appears to be the sound of a taser deploying is not a taser. What you're hearing is the handcuffs being applied to the suspect as he resists arrest," said Sheriff Frank Reynolds.

When you compare the two noises side-by-side, it's easy to see how one could be mistaken for the other. Or, is it possible that noise in the cell phone video is something else altogether?

No matter what the noise is, the Cherokee County Sheriff's Department is showing CBS46 documents that they say prove it's not a taser. 

Tasers are getting so high tech, they now keep track of every time they're fired, and this one provided a print out showing it only went off one time for five seconds.

That matches up with what we see and hear in the dash cam video, unlike the claim based on the cell phone video saying it happened twice while he was on the ground.

In the dash cam, you can distinctly hear a taser being fired while Daniel Fruhling is still in the cab of the truck, and the same sound never reoccurs afterward, like the complaint alleges.

The dash cam also shows deputies trying to reason with Fruhling, and repeatedly asking him to get out of the truck before they used force.

Records show this is Fruhling's sixth appearance at the Cherokee County Jail in two years.

CBS46 reached back out to Koester after the dash cam video was revealed. He admitted he did not get a chance to compare the cell phone video to the dash cam before speaking publicly on this issue. He said he was not able to arrange a time to meet with the sheriff to see the video and he was worried they would never release it, but he is looking forward to the opportunity to see it now.

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