Cedar Creek student in coma days after being tased by deputy

Posted: Nov 22, 2013 4:58 PM EST

A Cedar Creek High School junior is in a coma. On Wednesday he was tasered by a Bastrop County deputy during a fight. Family members say it caused the 17-year-old to fall and strike his head.

"He immediately...goes to the floor," said Adam Loewy.

Noe Nino de Rivera is in ICU with brain damage.

"He hit the front of the head," said Loewy, who is representing the de Rivera family after a fight, allegedly involving Noe's girlfriend, at Cedar Creek High School Wednesday morning.

Loewy said, "He was breaking up a fight when these officers literally, came up to him and tased him."

"We receive a call that two females are fighting in the hallway," said Sissy Jones, with the Bastrop County Sheriff's Office.

Jones said, "Two resource officers that are deputies here at the sheriff's office...they find two girls that have already been separated."

"We know what happened," said Loewy. "There is cell phone video."

"We do have video of the incident," Jones said. "He's being aggressive. He is not complying with any of the verbal orders."

"He was not aggressive. He was standing there," Loewy said.

Jones said, "One of the officers puts his hand on de Rivera's chest and says, you need to back up and that's when de Rivera hits the officer's hand."

"Totally false, a complete lie," commented Loewy.

"That's whenever one of our officers attempts to go in, physically, with his hands and arrest him. Mr. de Rivera began to resist," said Jones.

Loewy said, "You see the back of the officers come up and you see Noe facing them and then you see the taser go."

Deputy Randy McMillan, who's been a school resource officer for a year, tased de Rivera and has been transferred to patrol duty, but it was a request he'd made before the incident.

Loewy said, "It is horrible to watch it and it is without a doubt, excessive force."

"Our officers acted according to their training," Jones said.

"They will have to answer in court for what they're doing," said Loewy.

Loewy is asking the Texas Rangers and federal government to investigate what happened at Cedar Creek High School.

Loewy said, "We are just praying that he's gonna make it. That is a real question right now. That is how serious this currently is."

"We feel for the family and we hurt for them, we do," said Jones.

"What's just disgusting to me is...this county, Bastrop and the school and the police department, have never reached out to this family," said Loewy.

Jones explained, "They have a lawyer, we're not allowed to contact the family."

If Noe does make it, he will never be the same again.

"He was resisting. He was interfering with public duties and he also assaulted the police officer," said Jones. "He is 17, so if we move forward with these charges, he could be placed in our jail."

"Those charges are a joke and I really hope they try to indict a kid who's in a coma," said Loewy.

The rep with the Bastrop Sheriff's Office says the district attorney will perform an independent investigation in addition to their internal one happening now.

The attorney for de Rivera's family says, eventually, there will be a lawsuit over this.

Original source with video: http://www.myfoxaustin.com/story/24047726/cedar-creek-students-prot...