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Warrant: Fayetteville police officer charged with assault after using Taser on man in handcuffs

An arrest warrant says the officer deployed his Taser five times into the back of Zachery Brown while Brown was in handcuffs.


A Fayetteville police officer was charged Thursday with assault with a deadly weapon after he allegedly used a Taser on a man in handcuffs, according to an arrest warrant.

Francis Allen Terry, 53, deployed his Taser into the back of Zachery Brown five times while Brown was handcuffed, the warrant states.

According to a Fayetteville police warrant information form, Brown did not assault or attempt to assault Terry, any other officers or the lead paramedic at any time before, during or after the five times the Taser X2 was deployed.

“Mr. Brown in this case was physically in custody and compliant, where the use of the Taser X2 constitutes an assault with a deadly weapon against a person already in handcuffs and physically compliant at that moment,” the warrant information form said.

The warrant information form states that Brown had been arrested at 8:13 a.m. on Feb. 26 by Officer J. Rodriguez for being suspected of driving while intoxicated. Brown was taken to the Cumberland County Detention Center and brought into the center’s intake section.

There, police said,  Brown verbally refused to provide a breath sample.

Sgt. M. Sward, who was operating the machine that analyzes the sample, then applied for and was granted a search warrant for a blood draw to take a sample from Brown, according to the form attached to the warrant. At that time, Brown again verbally refused to allow blood to be drawn.

Brown was told that a search warrant had been issued to obtain the sample, but he again refused to have his blood drawn, the paperwork stated.

“Mr. Brown, while inside the Cumberland County Detention Center, did not display pre-combative behavior or indicators and was only verbally non-compliant,” the warrant information form said. “Mr. Brown was not a physical threat …”

Terry instructed Brown to stand up from his chair, while his hands were handcuffed in front of him.

Brown complied.

Terry told Brown to turn away from him and face police officers Sward, Rodriguez and C. Hosenbackez.

Again, Brown did as he was told, the warrant said.

“At that time, FPD Sgt. F. Terry drew his department-issued Taser X2 and gave the verbal warning, ‘Taser, Taser, Taser.’ FPD Sgt. F. Terry deployed the Taser X2 into the back of Mr. Brown and cycled the weapon," the paperwork stated. "Mr. Brown did not react to the first cycle and does not turn around or engage with FPD Sgt. F. Terry or the other officers present.

“FPD Sgt. F. Terry cycled the Taser X2 a second time. At that time," the form said, "Mr. Brown does not react to the second cycle and does not turn around or engage with FPD Sgt. F. Terry or the other officers."

Again, Brown did not react to the second cycle and did not engage with the officers, the form said.

“FPD Officer F. Terry then deployed the Taser X2 a third time and cycled the weapon,” the paperwork said. “As the weapon cycled Mr. Brown’s posture appears to tense up, and FPD Sgt. F. Terry instructed the officers to catch him before he falls."

Brown was assisted onto the floor, where Terry cycled the Taser a fourth and fifth time, the paperwork said.

After that, a sample of his blood was taken.

Terry was released on an unsecured bond. A spokesman for the Police Department said he could not discuss Terry’s employment status. He did not know what Brown was charged with. 

Michael Futch covers Fayetteville and education for CityView TODAY. He can be reached at mfutch@cityviewnc.com. Have a news tip? Email news@CityViewTODAY.com.


Fayetteville, Police Department, officer charged, Taser