SSA McGinnis later collected and reviewed the layout of Defendant’s duty belt. SSA McGinnis observed that Defendant’s handgun was holstered on the right side of the belt, set in a straight-draw position, requiring Defendant to use her right hand to draw the handgun. Defendant’s Taser was holstered on the left side of the belt, also set in a straight-draw position, requiring Defendant to use her left hand to draw her Taser. The Taser is yellow with a black grip, while the handgun is entirely black. Additionally, the texture of Defendant’s handgun has a distinct grip from that on her Taser. Defendant’s Taser is also equipped with a manual safety switch which the operator must physically disengage before the Taser can be discharged and with a laser-sighting feature, which causes a laser indicator to appear on target when the Taser is being aimed after the safety is disengaged. Defendant’s Glock handgun is not equipped with such features.
During her 26 years as a police officer, Defendant received a substantial amount of training, including training related to use of force and, specifically, to the use of Tasers and firearms. Defendant completed annual recertification training courses on each of these weapons. These courses included training on how to draw, aim, and use each weapon correctly. The training material for these courses also included notices alerting Defendant to the possibility and risks of drawing a handgun instead of a Taser.
In the six months before this incident, Defendant completed two Taser-specific training courses. For example, on March 2, 2021, Defendant attended a four-hour training course pertaining to the Taser. This course involved a classroom component, which provided detailed and substantive information concerning the function, proper use, and safety concerns associated with using Tasers; a practical component; and a written test. After this training, Defendant was certified for use of the Taser X7. On Defendant’s certificate of completion, Defendant provided her signature, acknowledging that she had read and understood the information and warnings provided by the manufacturer regarding safe use of the Taser. One of those warnings states: “Confusing a handgun with a CEW [Taser] could result in death or serious injury. Learn the differences in the physical feel and holstering characteristics between your CEW and your handgun to help avoid confusion” and instructs officers to “always follow your agency’s guidance and training.” In other prior Taser trainings completed by Defendant, including another on November 5, 2020, Defendant likewise signed paperwork acknowledging that she received, read, and understood identical warnings.\\