Thursday, November 11, 2010 – Scott Wykoff and Associated Press

A federal appeals court says a Frederick County sheriff’s deputy can be tried for allegedly using excessive force by firing an electronic stun gun at a Frederick man who later died.

The Court of Appeals in Richmond, Va., ruled Wednesday that Cpl. Rudolph Torres’ appeal of a lower court ruling was flawed.

Among other things, the court found that Torres incorrectly referred to the complaint as a wrongful death claim.

The family of 20-year-old Jarrel Gray is seeking $145 million from Torres, the sheriff’s office and the county.

Torres hit Gray twice with a Taser while trying to break up a fight in November 2007. A grand jury found in 2008 that Gray had not obeyed Torres’ commands to show his hands. Gray’s family says he was trying to comply.