Three days after saying a Waveland man “asked for it” when he was tased in his own home, Waveland Municipal Judge Frank Wittmann found the defendant, David Marquar, 59, not guilty on two of three charges.
Marquar, of 1100 Longo Street, was arrested on Feb. 7 and charged with disturbance of the peace, disorderly conduct, and resisting arrest.
Wittmann heard the case last Thursday.
Officer Chris Allen testified that he responded to a loud noise complaint On Feb. 7 at 600 Turner Street.
Once the music was turned down, Allen said, he heard more loud noise coming from an adjacent residence at 1100 Longo Street.
Allen said he was escorted to a pool house and asked Marquar to turn the noise down.
Allen said Marquar cursed him several times.
Marquar was arrested and tased in the pool house and later taken to the hospital.
On Monday, Wittmann ruled that Marquar was guilty of disturbance of the peace, but not guilty of disorderly conduct and resisting arrest, city attorney Gary Yarborough said.
Marquar was fined $212 for disturbance of peace.
Marquar’s attorney Bobby Moak said Monday that he was pleased with the verdict and it proved that the use of the taser was not necessary in this case.
“I think the resisting arrest charge was the most important,” Moak said. “A taser was deployed in the home of a resident of Waveland. This verdict raises the question about whether it should have been deployed. We believe there has to be some compelling reason or something that places an officer in danger before a taser should be used, especially when there are children present.”
Moak said he is unsure if Marquar will appeal the disturbance of the peace conviction.
BY Dwayne Bremer
The Sea Coast Echo