No charges will be filed in south hill tasing incident - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

No charges will be filed in south hill tasing incident

Posted: Updated:
The scene on the south hill near OZ Fitness the night of the incident The scene on the south hill near OZ Fitness the night of the incident
SPOKANE, Wash. -  The Spokane Prosecutor's Office will not be pursuing criminal charges against two Spokane County Deputies involved in a deadly tasing incident last summer. 


34-year-old Will Berger died from injuries he received during a fight with deputies Shawn Audie and Steve Paynter outside of OZ Fitness on South Regal last June. People calling 911 said Berger was inside the gym destroying equipment and confronting other people working out. When deputies arrived, Berger was out on the street and after refusing commands from the deputies, was tased several times and wrestled to the ground. 


Deputies say Berger continued to resist and a neck restraint was applied. Berger stopped breathing at the scene and paramedics were able to revive him, however he was taken off life support and died the next day at the hospital. The Spokane County Medical Examiner's Office ruled the death a homicide, and said Berger died from oxygen deprivation to the brain. 


On Thursday, over a year after the incident, the Prosecutor's Office recommended that no criminal charges be brought against the two deputies. 



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