Thursday, May 28, 2009
The Oklahoma incident, a different point of view: A look at how the video of the police vs. EMS confrontation is playing on Officer.com
Click here and then scroll down for the latest fire and EMS news from STATter911.com
June 16 update: Paramedic White says Trooper Martin should have badge and gun taken awayMore STATter911.com coverage: Trooper's lawyer says medic is danger to the community; Dash cam video released; Fox News interviews EMS crew & Trooper Martin; Trooper on administrative leave; No charges filed by DA; EMT-B Paul Franks speaks out; Read statements from Toopers Martin & Iker; Troopers identified; Statements from witnesses and the patient; Reaction from police officers; Statements from EMS crew.
Read discussion at Officer.com
So far (at 1:00 PM) there are almost 70 comments on STATter911.com on the video from Paden, Oklahoma where Oklahoma Highway Patrol Officer Daniel Martin had a physical confrontation with Creek Nation Critical Care Paramedic Maurice White Jr. and EMT-B Paul Franks. Considering the nature of this site, most of the comments are coming from the fire and EMS side, with a few who have written pointing out their law enforcement background.
I checked yesterday to see how this video was playing on Officer.com, the Cygnus law enforcement companion to Firehouse.com. I couldn't find a discussion. Our loyal reader Steve Marshall saw that the discussion began last night with a posting at 11:54 PM. My quick look at the comments shows few people, if any, flat out defending the actions of OHP, but there seems to be bit more criticism of the EMS crew. Click the link above to check out what the police are saying.
choffice at dps state ok us
RE:Apology and Disciplinary Action Wanted Now
Chief of Patrol, Van M. Guillotte #3,
The recent incident circulating the Nation's Airwaves concerning the Trooper and the EMT's seriously undermines the Core Values and Mission Statement adopted by the Oklahoma Highway Patrol.
OHP Core Values
LOYALTY
HONESTY
RESPECT
INTEGRITY
PROFESSIONALISM
SELF-DISCIPLINE
Time to Get Back To Basics
This cop is acting overagressive, there is no threat, is the EMT driver going to attack him or something? Absurb retard.
This cop needs to be fired on the spot for being a retard. Who cares what the actual regulations state.
Gets some common sense back into this country, write the governor.
Per the legal rulings below, being upheld by SCOTUS, the officers should feel fortunant to be alive.
"When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified." Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
"These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence." Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
"An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery." (State v. Robinson, 145 ME. 77, 72 ATL. 260).
Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense." (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).
"One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance." (Adams v. State, 121 Ga. 16, 48 S.E. 910).
And on the issue of actually killing an arresting officer in self defense:
"Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary." Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529
It is sad that police academy instructors do not teach officers professionalism. Always error on the side of the patient.
Where were they going in such a hurry? If it was that important that they get there so quickly, then the need to pull over this ambulance could only have trumped the importance of that original call because of a childishly fragile ego of the little boy with the badge and gun.
This is why the Black Panthers were so necessary in the 1960s. They armed themselves and followed officers around to keep them from beating and victimizing black people. It makes me sad to say that I think we need that attitude again. Too many cops need babysitting, and since they are armed and dangerous, the citizen babysitters should be too.
I see this kind of violence perpetrated by the police all the time. (I live in a non-affluent neighborhood of St. Paul, MN, and I saw the same when I lived in a similar neighborhood in Minneapolis.) People seriously should consider reviving the Black Panther strategy, bearing video cameras if not firearms.
It also saddens me how clueless the blogosphere seems to be about the racial profiling practiced around our country by the police against American Indians. This was not a white cop harassing a black man; it was a white cop harassing an ambulance crew that he knew to be part of a sovreign Indian nation. Ever visit a Wal Mart with an American Indian? Try it and see how you're treated. Wake up Americans! This can't go on! Take your neighborhoods back!
I have never seen a police officer ever in my life use this much hostility against a paramedic.
It's an ambulance, even if they did not give right of way in non-emergent instances, it's still bull crap because I believe if an ambulance is transporting a patient they should not however be stopped nor have to give right of way.
That patient is paying to have a good ambulance transportation/care and those cops were risking the patients life by not having the crew in with the patient..
Really, this is rather sad.
My fiancee' is a policemen in Maryland and I have never seen or heard of anyone around here doing such thing.
This should be acted upon quickly, and future mistakes looked back onto this incident to be a lesson learned.
I hope the patient/family is OK, as well as the paramedics. My concerns go to you all. :)
Anyhow, like I said, this needs to be taken from court and those police officers need to be either banned, suspended or something..They however should not get away with their actions.
The trooper and EMT's are both from the same area and obviously the EMT's were not acting in a dangerous manner jepoardizing public safety so why make the stop when he did. The trooper knows where they work, if the driver did "flip" him off, report it to his supervisor, not endanger the life of the patient. The family members did not help the situation either, however, in their defense they were concerned about mama's health. I wonder how trooper Martin would have reacted if that would have been a family member of his in the ambulance.
One last question, who was that women with trooper Martin?
Judging by the video, both from the dashcam and the witness' video, the only reasonable and equitable outcome of this would be to charge the officer with the felony of interfering with a Paramedic in the performance of his duty, which was signed into law in OK days before this incident... as well as to summarily terminated by the OK State Police/Highway Patrol.
This officer, besides committing a Felony, has yet put another huge stain on a profession that deserves better, and to make matters worse, is now claiming that "PTSD made him do it." If that is, indeed, the case, the OK State Police stands as guilty as this officer for not adequately screening officers returning from active duty in war zones.
On the other hand, the paramedic should be commended for a flawless, and absolutely legal and justifiable response to this atrocity.
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