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Nashua Police: Use of Taser Warranted in Arrest of Newton Woman at Shopping Mall

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

Nashua, N.H. police are saying today that their use of a Taser in arresting a Newton woman 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 confirmed to Nashua Patch Wednesday.

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.

tom December 13, 2012 at 01:26 AM
I would be more interested in knowing if there were other customers in the store who bought more than 2 ipone as the woman claimed. Apparently, there are sources on the internet indicate that the apple store and police in NH are corrupted by black market group. That woman was an outsider who accidentally stepped in the situation.
concerned citizen December 13, 2012 at 01:28 AM
$$$$$$ someones going to get a nice Christmas check
concerned citizen December 13, 2012 at 01:55 AM
Ya think!! You don't solve customer complaints by telling someone to get out of a store. Especially when it isn't his or hers. Sounds like the clerk on duty at the time got caught with his/her hand in the cookie jar. Then it got worse from there. Talk about walking over and squashing or should I say tasing your civil liberties. Time for the courts to dump that weapon as cruel and unusual punishment or define it's use explicitly!! It sure wasn't needed against an 80 pound women. Oh wait she could of had 200 lbs of plastic explosives wrapped around her. Right boys and girls. A very embarrassing moment that made National TV. I wonder if Obama will say "people acted stupidly." "AND SO IT GOES" (:<((
Mark Golden December 13, 2012 at 01:56 PM
Once upon a time, when I had retail stores and I advertised fantastic prices I too asked people to limit the amount they purchased. Just so more people could take advantage of the sale. Sure, a few wanted to buy more than the allotment. Would I refuse to sell them? Would I ban them from the store? Are you crazy? I was in the business of selling products. There has to be more to this than is reported. Was it an over zealous manager? A badge heavy officer? She had thousands of dollars in cash. She was a dream customer! And Apple turned this dream into a nightmare. If there is a problem, ask her to step aside, explain the situation to her (or to someone with her) and then sell her whatever she wants. That is why the store is there. By the way, the person who video taped the tasing, were they asked to leave the store?
Wendy Schapiro December 13, 2012 at 05:59 PM
I would not blame Apple, per se. While their policy may have been 2 iPhones per customer, I *highly* doubt they asked their employees or the police to act with extreme force.
anony mous December 13, 2012 at 08:50 PM
-all ppl waiting in line buy iphone is for profit. -Apple store allowed some customer sit inside buy more (over 100) while let ppl like this lady waiting in line outside mall in cold weather only buy two. -once you ask Apple why, they said this is their policy. if you dare say "it's unfair", they will force you leave, some case ask you never come back. -this lady try to take video as evident, that's why make Apple so angry that call police. -police overreaction means something, this not the 1st one, happened several times beating ppl bloody all face, just no one dare exposure with video
concerned citizen December 14, 2012 at 01:29 AM
This all stinks. A store full of people. A store full of clerks. Couldn't cowboy up and help your fellow man. You can't handle a customer complaint. Apple are you hiring. I can make things like this go away in a heart beat. You will make a fortune under my watch. After this went national, then viral. The whole world is in shock. (pardon the pun). People that believed in Apple will go somewhere else now. Fire the idiots. Publicly apologize and give her a few phones at least, for free. More if needed, to avoid the Law Suit that is coming your way and the City of Nashua taxpayers way I can hear Obama now !!! "I think they all acted stupidly". So in all the wisdom they have, They tell the whole world she had 16 grand in cash. What are you thinking up north. My Newton neighborhood will be crawling with people with rap sheets. Breaking and entering looking for the 16 large. I like my neighborhood the way it is. Don't send the miscreants of society down here. Why oh why would they give the media that info. Can someone tell me how the use of electrocution of people passed The United states Constitution's muster. Come on, do it right , you know better.
concerned citizen December 14, 2012 at 01:37 AM
Mark; Send them a resume . I should too. We could of made that problem go away in seconds or at the latest a few minutes. You could make Apple a fortune. It's Christmas people. You know ,let the Angels sing. The country has changed. Everyone has their hand out and don't give a dam about their fellow man. Pay it forward. (:>)
Fed up December 14, 2012 at 04:19 AM
You guys are hilarious, with all your conspiracy theories. Try this, instead: when you come to New Hampshire to avoid paying sales tax (which, by the way, you still legally owe to your lovely Socialist government,) try behaving yourselves and acting like civilized human beings. Don't scream, yell, or resist arrest when we object to your unacceptable behavior. Then, and only then, will you be welcome to spend your money here. Until then, keep the trash in Newton, where it apparently belongs.
Joy World December 20, 2012 at 04:31 PM
Her uncle who lives in NH went to the store later, he explained to them that she had ordered the phones online, he showed them her receipt which was paid by debit card, the manager was embarrassed and said Apple has the right to cancel any order. When asked if the store ever issued her a restrict order, the store said they can tell anyone to "Get out!" without any explaination, any store In USA has such right. Is this true? Is there any Civil right lawyer there??
Joy World December 20, 2012 at 04:34 PM
Her uncle who lives in NH went to the store later, he explained to them that she had ordered the phones online, he showed them her receipt which was paid by debit card, the manager was embarrassed and said Apple has the right to cancel any order. When asked if the store ever issued her a restrict order, the store said they can tell anyone to "Get out!" without any explaination, any store In USA has such right. Is this true? Is there any Civil right lawyer there??

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