MARIN COUNTY, CA
On June 29, 2009 McFarland and his wife Pearl were returning home from a charity fundraiser just before midnight. McFarland injured himself as he stumbled and fell down the long steps to his front door.
"Mainly it was to my knee and the front of my leg, my shin," McFarland said.
His wife called paramedics, who helped him into the house and treated him. As the paramedics were leaving, two sheriff's deputies arrived.
"All of a sudden, they just showed up, they came in here like there was a fire going on, like a gunfight was going on," McFarland said.
What happened in the following minutes was captured on a camera mounted on the deputy's Taser.
The deputy tells McFarland he is going to take him to the hospital because he may be suicidal.
"We want to take you to the hospital for an evaluation, you said if you had a gun, you'd shoot yourself in the head," the deputy can be heard saying.
McFarland says it was just hyperbole. He was tired and in pain.
McFarland says he never had any suicidal thoughts. In fact, he considers himself lucky to be alive.
"I'm a survivor of pancreatic cancer; one of 4 percent in this country," McFarland said.
Scott says his client was arrested, jailed and charged with resisting arrest. A judge later dismissed the charge.
Scott says the deputies had no search warrant or legal reason to enter McFarland's home and even if they thought he was drunk and suicidal, Scott says the Tasing was excessive force.