Woman takes $40,000 in Taser dare

October 6, 2009 8:38:05 AM PDT
A 72-year-old central Texas woman whose Tasering by a deputy constable was shown on video nationwide has accepted Travis County's $40,000 settlement offer. Kathryn Winkfein was Tasered after she dared the deputy to do so during a May traffic stop. At one point, she sought more than $135,000 for pain and suffering, medical expenses and humiliation. County commissioners countered Sept. 29 with a $40,000 as their "firm" counteroffer.

The incident is being reviewed by the district attorney's office, Precinct 3 Constable Richard McCain said a resisting-arrest charge is pending against Winkfein. McCain said an internal investigation found no violations by the deputy constable.

McCain called the settlement "a miscarriage of justice," but Travis County Judge Sam Biscoe said defending a lawsuit would have cost more than $40,000.

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