GETTYSBURG, Pa. -- The only body camera currently in use at the Gettysburg Borough Police Department helped a Gettysburg man be found not guilty in a recent trial.
Borough Police Officer Chris Folster was wearing the relatively new technology when he pulled over 28-year-old Derek Twyman on May 12. In the video, Folster accuses Twyman of violating a protection from abuse order.
The two argue for nearly four minutes before Folster pulls out his taser and threatens to use it on Twyman if he does not get out of his car.
"I am going to taser you," Folster shouts at Twyman.
"For what?" Twyman responds.
"For being under arrest."
Folster then opens Twyman's car door, threatens him with a taser again, and then uses it on Twyman who is still in his front seat, his hands visible the entire time. Twyman was tasered five times. The entire incident is captured on Folster's body camera.
Twyman was arrested and charged with resisting arrest. At his trial, held last Thursday, his lawyer, Adams County Public Defender Jason Pudleiner, argued Twyman was not enough of a risk to Officer Folster for him to justify using a taser "seven to eight times."
A jury agreed, and Twyman was found not guilty. The trial lasted only a day.
"We knew it was going to be a very quick trial. The video spoke for itself," said Pudleiner, who added he didn't have to call any witnesses besides Officer Folster, including the defendant, Twyman. "Resisting arrest has to be the resistance that requires or justifies the use of substantial force. What Derek did didn't justify that type of force."
Pudleiner says Twyman is seeking an attorney to represent him in a possible civil lawsuit against Officer Folster and the Gettysburg Police Department, which was unavailable for comment Wednesday.
Despite his office not earning a "Guilty" verdict, Adams County District Attorney Shawn Wagner says he is largely in favor of police departments using body cameras, and expects a great deal more regionally to be wearing them within the next six to 12 months.
"The Pennsylvania District Attorney's Association is working on standard guidelines to ensure all factors when dealing with a body cam are followed," he said.
Wagner wants to make sure body cameras are properly being used by police forces, including making sure everyone knows right to privacy laws, before they are used en-mass.
"The bottom line is, we're here to seek justice," Wagner said. "If there's ever any question to the police officer's actions, the body camera is the best evidence of that.
"But there are a number of things we need to look at before we send the police out wearing body cameras."