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Video: Tasered great-grandma: ‘I lost it’

  1. Closed captioning of: Tasered great-grandma: ‘I lost it’

    >>> a little later on.

    >>> but let's begin with that great grandmother tasered by a deputy constable. we'll talk exclusively with sue winkfein in a moment, but first, amy robach has details of the story. good morning.

    >> good morning, matt. it happened back in may during what started out as a routine traffic stop , but things quickly became anything but routine when that 72-year-old dared the officer to it's a her. it's one of the most watched videos on youtube. a texas traffic stop that ended with 72-year-old great grandmother getting zapped twice with a taser.

    >> -

    >> reporter: it started when a deputy constable saw this pickup truck speeding through a construction zone. deputy chris beesy may not have been expecting trouble from a 4'11" kathryn winkfein, but right away, the constable got an earful.

    >> take me to jail. take me to jail.

    >> step out.

    >> a 72-year-old.

    >> reporter: the deputy agreed to give her a traffic ticket , agreeing that she would show up for court. when she refused, that's when the trouble started.

    >> give me the thing and i'll sing it.

    >> get over here now.

    >> give it to me and i'll sign it. oh, you're going to shove me?

    >> reporter: authorities say that shove was to get both of them off a busy highway.

    >> if you don't step back, you're going to be tased.

    >> go ahead. it's a me.

    >> reporter: as minutes passed, the standoff continues.

    >> i'm getting back in my car.

    >> you're going to be sorry.

    >> no, i'm getting back in my car --

    >> no, ma'am!

    >> reporter: and then the officer made good on his promise.

    >> taser. get on the ground! get on the ground! now put your hands behind your back!

    >> reporter: winkfein was hit twice with the taser before she was finally handcuffed and taken to jail, charged with resisting arrest . before this dashboard video was released, she denied being difficult in an interview with a local fox station.

    >> i wasn't arguing with him. i was not combative, okay? all of this is a lie. every bit of this is a lie.

    >> reporter: authorities say the 72-year-old did not require medical attention but winkfein later demanded $135,000 for pain, suffering and humiliation. even though an internal investigation revealed the officer did everything by the book, travis county offered winkfein a $40,000 settlement, which she's accepted. the constable's office calls that a miscarriage of justice.

    >> the county wrote a check for $40,000, you rewarded this defendant for bad behavior, which is wrong.

    >> so, if the officer did nothing wrong, why, then, the settlement deal? a travis county judge says defending a lawsuit from winkfein could have cost the county a lot more than just $40,000. matt?

    >> all right, amy, thank you very much. kathryn sue winkfein is with us exclusively along with her son, steve eastland and her attorney, thomas turtleot.

    >> good morning.

    >> full disclosure. we spent time together yesterday, i got to know you a bit. we talked. you seemed like an awfully nice lady to me, couldn't be more polite. then i look at that tape, sue, and i think which one is the real sue winkfein?

    >> well, this one is, definitely. i just -- i just lost my temper. i do that maybe twice a year, but that day i lost it.

    >> so, when you look at the tape of what happened that day and you see yourself behaving that way, what do you think?

    >> i think if i had to do it over, i would just not say anything, not react.

    >> even though you disagreed with the whole speeding concept --

    >> right.

    >> you didn't think you should have been pulled over , but you did resist arrest.

    >> well, how did i resist?

    >> i'm going to interrupt her. we're not going to talk about --

    >> based on what you see on the tape, did you behave in an appropriate manner with that deputy constable?

    >> no.

    >> and when you gave that interview to the local tv station and you said, i did not resist arrest, i did not become argumentative, that was before you knew that there was a camera rolling on this the whole time. you didn't tell the truth there, did you?

    >> actually, i told what i remembered, because when he tased me and kept it on and it threw me to the ground, that erased all memory. i have no memory until later when i was way away from there on my back. so, i have no memory of being on my stomach.

    >> when we first ran this story back in may, folks, it was a split decision -- split reaction. a lot of people thought, she got what she deserved. he warned her over and over again to cooperate and she didn't, so she got what she deserved. i'm going to be honest with you, that's what i said at the time. there are a lot of other people who said under no circumstances do you taser a 72-year-old, 4'11" woman, not only once, but twice. do you think you were mistreated in any way?

    >> definitely.

    >> yeah? in what way?

    >> well, at my age and the taser like that -- he turned it on and kept it on, which --

    >> it didn't hit her a second time.

    >> it didn't it's a me a second time that was too much.

    >> the other thing is, she twice offered to sign the ticket at the back of the truck. i still don't understand why he never gave her the opportunity to sign the ticket, proceeded forward with trying to arrest her. he could have easily said let's step over here, let's sign the ticket, and we can all go down the road.

    >> you guys worry about, what i thought at the time, steve -- and i'll let you handle this one -- like what happens if this -- like right there, more out of hand, she had walked out on the street and some poor driver coming along swerves to avoid her and ends up getting killed?

    >> well, actually, if you look at the dash cam, his cruiser is out into the street pretty much blocking traffic. i don't think that was possible for that to happen.

    >> so, you don't think this could have gotten more dangerous for sue, for your mom --

    >> i think he had the opportunity to shut the thing down and didn't do it, like tom just said, indicated. twice she offered to sign the ticket, let's all go home.

    >> granted, she used an ex-tive the first time, but she was ready to sign the ticket.

    >> am i missing something here? your mom is 72 years old, as i mentioned, 4'11" --

    >> retired school teacher .

    >> retired school teacher , the mother of 3, grandmother of 11 and great grandmother of 3 more. how did she end up starring in that video?

    >> you know when i got the phone call that she was ready to be released from the facility, it was surreal. i mean, i said, released from what? then they informed me she had been tased. again, the only way to describe that is surreal. it's so far out of character for her that --

    >> if you ask him how many times in his life he's seen me mad, what would you say?

    >> you know, never. you know, just once in a while , but never like this. this is --

    >> just happened to get caught on tape. and do you feel bad at all about accepting that $40,000? because there are some people who say you misbehaved and you're being paid to reinforce that misbehavior?

    >> i don't know that i have an opinion on that. i'm not a money person, you know what i'm saying? but steve said, even poor people don't like being poor, but we're not a greedy type, soo know --

    >> could charges still be pressed on this?

    >> there is informal charges. there could still be charges pressed. i'm optimistic that won't happen at this point, but that could still happen.

    >> but the hid line here, sue, were if this were to happen again and you were pulled over again by a different deputy or the same, you would do what?

    >> say nothing.

    >> stay in the car and sign the ticket?

    >> i would not react to anything.

    >> i think she's learned not to dare the officers.

    >> sue and steve and tom, thank you all for joining us.

    >> thank you for having us.

    >> we appreciate it. by the way, any lasting effects from the taser? are you all right?

    >> i'm fine. now, i did have to go to the clinic. i had two holes and one of them got infected.

    >> but you're all right now.

    >> i'm fine.

    >> thank you for joining us. i appreciate it. let's get

By
TODAY.com contributor
updated 10/13/2009 10:34:35 AM ET 2009-10-13T14:34:35

Great-grandma Kathryn “Sue” Winkfein comes across as an awfully nice, polite woman. So just how did this 4-foot-11 72-year-old wind up getting Tasered by a cop?

“I just lost my temper; I do that maybe twice a year, but that day I just lost it,” Winkfein told TODAY’s Matt Lauer Tuesday about the May 11 incident, when a sheriff’s constable leveled her with a Taser gun during what had started out as a routine traffic stop.

The retired schoolteacher, who holds a master’s degree, appeared alongside her son, Steve Eastland, and her attorney, Thomas Tourtellotte. Winkfein recently received an out-of-court, $40,000 settlement from Travis County, Texas, for her pain and suffering — which has the county’s constables crying foul.

‘Take me to jail!’
Constable Christopher Bieze pulled Winkfein over after he spotted her driving 60 mph through a 45-mph construction zone along a Travis County highway. As his dashboard camera footage shows, when Bieze asked her to sign a ticket guaranteeing her appearance in court, Winkfein snapped back, “Take me to jail. Go on, take me to jail — a 72-year-old woman!”

Bieze then ordered Winkfein out of her pickup truck so he could arrest her. Then things got ugly.

When Winkfein walked toward a busy highway lane, Bieze shoved her back toward the shoulder. She shouted at Bieze, “Give me the f---ing [ticket] and I’ll sign it.” But by now the situation had escalated to the point where Bieze threatened to Taser her. She shot back, “Go ahead, Tase me!”

Winkfein then announced she was getting back in her car. After more shoving and shouting, Bieze made good on his threat — he Tasered Winkfein twice, sending her crumpling to the ground. Her cries of pain were captured on the dash-cam.

Firing back — in court
Hundreds of thousands viewed the Texas Tasing on YouTube, and Winkfein became something of a national celebrity. She also became a complainant in court, filing a $135,000 civil suit against the county for pain, suffering and humiliation.

Not wanting a dragged-out court case that could ring up a huge bill, county officials instead offered Winkfein an out-of-court settlement of $40,000. Two weeks ago, Winkfein accepted it.

Travis County Constable Richard McCain told NBC he believed the settlement was a miscarriage of justice. “When the county wrote a check for $40,000, we rewarded this defendant for bad behavior, which is wrong,” he said.

When Lauer asked Winkfein if she believed she deserved the award, she said, “I don’t know that I have an opinion on that. I’m not a money person, you know what I’m saying? But then Steve and I go, ‘Well, even poor people don’t like being poor.’ But we’re not a greedy type.’ ”

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Video: Great-grandma Tasered during traffic stop The mother of three, grandmother of 11 and great-grandmother of three admitted she wasn’t proud of her behavior that day, and said that if she had it to do all over again, “I would just not say anything, not react.”

Her son Steve recalled being almost as stunned as if he’d been Tasered himself when he got the call from the county constables. “When [they said] she was ready to be released from the facility, it was surreal,” he said. “I said, ‘Released from what?’ And then they informed me she had been Tased. It’s just so out of character for her.”

Shocking developments
While an internal investigation showed Constable Bieze had done everything by the book, Winkfein’s attorney Tourtellotte told Lauer the fact that Winkfein indeed offered to sign the ticket, albeit with salty language, should have diffused the situation for the constable, and he didn’t need to shock her to the ground.

“He never gave her the opportunity to sign the ticket; he proceeded then to try to arrest her,” Tourtellotte said. “Agreed, she used an expletive the first time, but that should have made it clear she was ready to sign the ticket.”

TODAY
Kathryn Winkfein appeared on TODAY along with her son Steve Eastland (center) and her attorney, Thomas Tourtellotte.
Lauer asked Winkfein if she told a little white lie when she denied being argumentative or resisting arrest in a TV interview shortly after her arrest.

Winkfein replied that an electric zap has a way of clouding one’s recollections. “I told what I remembered,” she said. “When he Tased me and kept it on and it threw me to the ground, that erased all memory.”

Charges are still pending against Winkfein, though Tourtelotte said he’s “optimistic it won’t happen at this point.”

Winkfein added she’s fine after being Tasered, although she did have to be treated for an infection in one of the two holes left by the Taser.

© 2012 MSNBC Interactive.  Reprints

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