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Police: Use of Taser Warranted in Apple Store Arrest

Mass. woman had $16,000 in cash on her when she was arrested outside the Apple store.

Nashua Police are saying today that their use of a Taser in arresting a Newton woman Dec. 11 was warranted under the "force continuum," which allows for incremental use of force during an arrest – from police officer presence up to and including deadly force.

after she allegedly trespassed at the mall's Apple Store, Nashua Police Capt. Bruce Hansen said.

During the arrest, Nashua police used a Taser to try to subdue Xiaojie, who is charged with two misdemeanor criminal trespassing charges.

Hansen said the Xiaojie had been asked to leave the store two days earlier by management, after she had been "videotaping" other customers, Hansen said.

"They told her to leave and not come back, and she did. Then on Tuesday, she was back in the store around 11 a.m.," Hansen said.

It was also a day that the store happened to have a police officer working a detail in the store due to a crowd control problem, Hansen said.

"They have an issue with groups of people coming in and one person providing the money so they can all get in line separately and each buy multiple items in the store, goods that they then ship overseas and sell for four-times more money," Hansen said. "In effect, if a group of 10 people do that, they can leave with 20 items."

Hansen did not say that was the reason Xiaojie was asked to leave. However, he did say it was the reason Apple frequently hires a police detail.

A request for comment from Apple's corporate office by Nashua Patch about the incident, and their security practices, was not immediately returned.

Hansen explained that the store has a policy in place limiting sales to two items per person. The police detail is designed to discourage the group purchasing practices.

"Yesterday happened to be a detail day, and the store manager noticed this woman in the store as the same woman asked to leave two days earlier. They told her she was not welcome, and they went back and forth about it for a period of time. The woman refused to leave. Police finally intervened," Hansen said.

"Our officer told her if she didn't leave she'd be placed under arrest, and her response was, 'Why?' and then 'No!'," Hansen said.

At that point the officer attempted to place Xiaojie in handcuffs outside the store, but she resisted and the two ended up on the ground. Hansen said police were able to place one of Xiaojie's hands in cuffs but she was twisting on the ground, holding her other arm underneath her.

A second officer arrived to assist and after failing to get Xiaojie's other arm into the cuffs, she was Tasered, Hansen said.

"We felt she understood what was going on, and was not cooperative," Hansen said.

Xiaojie claims she cannot not speak English and didn't understand why the Apple Store called the police.  In an interview with WMUR, Xiaojie said she was attempting to buy several iPhones for family in China. Apple employees informed her she was limited to just two, but she claims she spotted other customers buying more than two phones.

A nearby shopper caught video of the Taser incident, which shows police arresting Xiaojie. Viewers can hear the apparent screams from Xiaojie as well as the buzzing of the Taser.

Hansen said using a Taser during the arrest was warranted under the "force continuum," which allows for incremental use of force during an arrest – from police officer presence up to and including deadly force. In this instance, a Taser was used rather than pepper spray, due to the number of other people in an enclosed area.

"Once you shoot off your pepper spray, it contaminates an area, so the decision was made to use the Taser in 'drive stun' mode," Hansen said. He said he viewed the YouTube video of the arrest which was posted by WMUR.

"It's not a pleasant experience but it's not designed to be," Hansen said.

He also noted that Xiaojie had a large amount of money on her –  $16,000 in cash – at the time of her arrest.

"That also tells you something. Any merchant, in this day and age, that would have a paying customer leave their store  – that tells you they didn't want her business, and they have a right to turn her away," Hansen said.

You can see the entry on the Nashua Police Log uploaded here. Xiaojie is due in court in January to face the two misdemeanor criminal trespassing charges.

Lorraine Loraine December 12, 2012 at 06:09 PM
I'll stay away from the Apple storeS from now on if this is all it takes for them to call police. This also shows what BIG MEN the Police department believe they are. Using a "TASER" -- on a small/under 5 feet female. It's a good thing she didn't try to defend herself.
Scott Prevett December 12, 2012 at 07:49 PM
I said it before and I'll say it again - tasers need to ONLY be used when an officer is in legitimate fear of his life, not for crowd control or to enforce compliance. People have been killed by tasers and they need to be used much more sparingly.
D Cohen December 13, 2012 at 03:58 AM
I was there...if she had obeyed the officer's instructions to leave the store, instead of arguing with the employees and police she might not have been tased. She was on the floor for several minutes with police trying to restrain her while she screamed and fought with them. Anyone can understand an non-verbal instruction to leave an area and can recognise an officer. The language barrier theory is a non-issue in this case. Given her behavior, I thought she was on drugs. Maybe that's what she was doing with all that cash.
abcdef123 December 13, 2012 at 07:28 AM
No, Chinese usually carry cash, thats why they are robbed easily. In China, police man usually treat woman very carefully, it is very unusual a police will use any force on woman in China unless it is politics related events. Thats why she was arguing with the police. Now I understand more why US people carry guns.
Charles Hatch December 13, 2012 at 01:08 PM
Standard Operation Procedure according to Nashua Cheif of Police... Using a taster multiple times on a female where there was a language barrier at the Apple store in the Pheasant Lane mall .... Rogue Police practices from the Nashua Police Department, Nationally accredited agency... A civil law suit in is order, Indictments would be even better... Coupled with Petitions. This woman spoke no English, and could have been a member of your family ... If this behavior boarding on criminal is Standard Operational Procedure we are all at risk. Any one with a pacemaker would be dead. The Nashua Cowboys are at it again and need to be held accountable in a court of Law.
Bev December 13, 2012 at 02:08 PM
I'm giving the Nashua PD and the store a Kudos!! I've had it with the "language barrier" excuse. We've been catering to this "poor excuse" for too long. I worked in an environment whereas bilingual language was prominent and when these people didn't get what they wanted - they would pretend to not understand using the "language barrier" excuse. Trust me, they understand just fine. The English language is becoming obsolete in this country (push 1 for English) and it's time we stand up to this!! $16,000 in her purse???? In my experience, the only kind of person who has that amount of money is up to illegal activity.
Seamus Carty December 14, 2012 at 12:47 AM
Was her immigration status checked?
Super Fun Size December 14, 2012 at 12:17 PM
What is YOUR immigration status?
Seamus Carty December 17, 2012 at 05:21 AM
Dual. United States and Ireland. I have passports, social security card, drivers license... I am not the person who can't speak English with large amounts of cash causing a disturbance at a mall.
Super Fun Size December 17, 2012 at 12:35 PM
You MIGHT be speaking your version of English, but can real Americans understand what your saying?
Super Fun Size December 17, 2012 at 12:58 PM
Did you hear that awful story about Savita Halappanavar in Ireland? The poor woman forced to die because she was pregnant?
Seamus Carty December 17, 2012 at 01:09 PM
"but can real Americans understand what your saying?" What the heck are you talking about now? I am a real American. Born here. As for understanding me, I have never had any problem with people understanding me. The Boston accent is not that difficult...
KM April 04, 2013 at 05:42 PM
I dont understand, 1. sh had 16000. thats alot of iphones. 2. if I didnt speak english and I was going to make such purchases, i would make sure I had someone who spoke the common language to ensure there was no language barrier. All does not pass the stink test in my opinion.
KM April 04, 2013 at 05:47 PM
1. she had $16,00000 --. that's a lot of i-phones. 2. if I didn't speak English or speak it well and I was going to make such purchases, I would make sure I had someone who spoke the common language to ensure there was no language barrier upon purchasing such expensive items. All does not pass the stink test in my opinion.
John white April 12, 2013 at 03:54 PM
the language barrier is not an excuse, I work in retail were I have people from other countries coming into my store, trying to haggle and change the price. If you live in american learn to speak English... and if you choose to live here you must obey by our laws. We shouldn't have to give a person special treatment just because they cant speak English. Is this lady even a legal citizen?? if your in our country speak English, she should know what a officer looks like. and what is she doing with that much cash? maybe she should buy Rosetta stone first before she buys iphones.
knh April 28, 2013 at 05:58 PM
I don't understand why apple cannot take her money and give here what she wants... I now understand why the american economy is in shambles! Ego comes before money - we curtail economic growth for violating silly rules...

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