Tuesday, June 2, 2009
UPDATED: Trooper Daniel Martin says he was given the finger by ambulance driver. Read Oklahoma Highway Patrol statements.
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 away
More 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.
Watch KWTV-TV story on the troopers' statements and the interview with medic's attorney
Atlanta medic wants boycott of Oklahoma products because of confrontation
UPDATE- I had a brief conversation with District 24 District Attorney Max Cook on Tuesday. He explained that the initial and primary focus of the ongoing investigation is to determine if any charges will be brought against the EMS crew. While it is not the current priority, Cook would not rule out the possibility his office could look to see if there is any merit to claims the OHP troopers interfered with EMS providers.
For the first time we are hearing the police version of events leading up to the dramatic May 24 confrontation caught on video between the Oklahoma Highway Patrol and a Creek Nation ambulance crew. Trooper Daniel Martin believed the driver of that ambulance, EMT-B Paul Franks, had raised his middle finger toward the trooper.
Paramedic Maurice White Jr., tending to the patient, had indicated in his account that Franks had thrown up his hands in surprise.
The statements from Martin and Trooper Bryan Iker were given to the District Attorney's Office in Okfuskee County and were released on Monday by OHP.
As had been reported before, Trooper Martin was responding with lights and siren to assist the Okfuskee County Sheriff's Office with a stolen-vehicle. Creek Nation officials previously confirmed the ambulance was not using its emergency equipment.
In Martin's statement he indicates the ambulance didn't yield and instead pulled out in front of him. In their accounts, released last week, the EMS crew reported they did not hear the siren and could not see the trooper who was close to the back of the ambulance. Both sides agree that Martin came over the radio telling Franks he should be more observant.
Here are excerpts from an article in today's Tulsa World where reporter Manny Gamallo tells the rest of the story:
In his report, White said Franks threw up his hands in surprise when they received the radio call from Martin, urging them to check their rear-view mirrors.
White said he thinks the trooper might have mistaken Franks' hands in the air as an obscene finger gesture.
Once on the scene of the stolen-car report in Paden, Martin said he saw the ambulance pass and observed Franks extend his left hand out the window with his middle finger raised.
"I took the gesture as a sign of defiance to (the) failure to yield earlier, and that they (ambulance) did not believe they had a responsibility to adhere to the rules of the road in regards to my emergency vehicle," Martin said.
Seeing that the stolen-car call was under control, Martin said, he chased the ambulance until it pulled over.
Once he got out of his cruiser, he was trying to talk to Franks when he saw White get out of the ambulance and slam the "door in a hostile manner."
Martin said White kept getting between them, despite repeatedly being told by Martin to back off.
The trooper told Franks he was going to be cited for failure to yield, adding that "I did not appreciate his hand gesture."
White said the trooper bolted out of his car in a huff and yelled at Franks, "What do you mean flipping me off?"
White said he tried to explain to the trooper that they were taking a woman to the hospital and asked if they could continue the matter once they got there.
But White said the trooper would have none of it and insisted on giving Franks a ticket then.
However, Martin said White kept getting in his way, and he finally tried to arrest him for obstructing an officer. That sparked the first of two scuffles as Martin said he tried to arrest White but the paramedic threw up his arms to resist.
A number of relatives of the patient had followed the ambulance and were in the street.
Fearing possible violence, Martin said he backed away from White and then went to his cruiser to radio Trooper Bryan Iker for help.
The trooper said only when White got back into the ambulance was he able to speak with Franks. Martin said Franks assured him he did not give the trooper the finger gesture and apologized for not yielding.
The trooper then walked back to the ambulance and tried to tell White he would be arrested once he arrived at the hospital, but the paramedic was not in the ambulance with the patient.
Martin said he walked around to the passenger side of the ambulance where White was standing. White was angry, wanting to file charges against the trooper for assaulting a paramedic, he said.
Another scuffle ensued, and Martin said White grabbed him around the neck, refusing to let go.
Iker's report backs up Martin's account of the second scuffle.
Martin said he applied a choke hold on White's neck to release the grip. With White calmed down, Martin said he told the paramedics to go to the hospital and he would follow.
Martin said that if he were allowed to speak with Franks uninterrupted, the confrontation would not have happened.
Oh, and I've never seen a department-approved choke hold that involved both hands in a strangulation position.
And trooper Martin knew this - thats why he gave a warning about failure to yield and not for flipping him off.
Time will tell on this one. Now it begins........"But, he choked me FIRST!"
Dont believe me? Go try to strangle (or place a choke hold) on a cop. See what you get charged with. Another case of living above the laws they were sworn to uphold and protect. SCUMBAG!!!! Does it really surprise anyone that the other cops statement was similar to the scumbag's? NO, I DIDN'T THINK SO.
I got to call BS on this one.
Trooper Iker advises he thought that the dash camera video would not be needed, so he SHUT OFF HIS CAMERA???????
WTF?
What is the status of Trooper Martins camera?
The troopers have a very different version then the medics, so.....let's see their tape. Nuff said!
The trooper didn't have his siren on according to the statements of the EMT and Paramedic. While he's not required to use a siren per OK law he is required to drive with due regard...which we all know does not include tailgating a vehicle that won't move over.
Title 47. Motor Vehicles Chapter 11 - Rules of the Road Article
Article 4 - Right Of Way
Section 11-405 - Operation Of Vehicles On Approach Of Authorized Emergency Vehicles
A. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of Section 12-218 of this act, or of a police vehicle properly and lawfully making use of an audible signal or red flashing lights, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
B. This section shall not be construed to require a peace officer operating a police vehicle properly and lawfully in response to a crime in progress to use audible signals nor shall this section operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
The troops should be jobless at this point and time. The family of the pt have every right to file suit against the troopers as well and I hope they do.
The Paramedics have gotten an attorney; the police are upset because they think they saw a "bird finger"; and now police dash cam footage cannot be found.
Hmmmm. Was that a baby ruth bar that just floated by or was it something else.
in my humble opinion I would have handled the matter a lot differently, prob would have made a phone all to the parameds supervisor
I know this is a hot button topic, but as a possible jury member anywhere it would be best to view all the evidence before passing judgement
No one needs to be fired, a good written reprimand for conduct unbecoming a public safety official!
All bets are off, bradley? You should be out of a job either way. Why do they let people with low I.Q.s have pcs?
And the cop... well, he should be in the food stamp line by now.
I think this explains a lot. Why shut this off unless you wanted to hide something? That may even show that the cop was going to get physical as he knew he wouldn't want his improper actions showing on the camera. The OK state police shouldn't allow them to turn the cameras off, otherwise why even have them if all they are going to do is turn them off when they know they are going to abuse their authority.
Breach of Peace, assault on Law Enforcement Officer... seriously?When did patient care become secondary to ego - I don't remember that part of my EMS training.
The EMS was wrong and should face harsh penalties to make an example of them so that others will think twice before compromising the level of care they are providing.
HOW ABOUT THE COP TOO????
The Trooper once reliazing they had a patient abourd should have asked what the desination is and followed them to the hospital. He then should have acted in a professional & respectable manor. They could have both had a chance to have there supervisors present and prevent the unwarented assaults that occured.
Regardless I don't think a 2 handed choking on any person is allowed. that becaomes an assault and use of force beyond a resonable manor. Should be interesting when the courts get the case.
Now, THATS interesting. What a mess.
Trooper Martin is in deep crap. Rightfully so too. Punishment for the EMS crew? Minimal.
Punishment for the Trooper? Severe. Just my two cents. Choking bad. I mena the guys hands were lowered to his sides at that time!
Nah. Too many old wifes tales going on about abandonment anyways.
Get some education.
http://www.jems.com/news_and_articles/columns/Maggiore/Patient_Abandonment.html
It's a funny thing that raised voices and barked orders never seem to have much of a calming influence on someone that is worked up. If anything it usually has the opposite effect during a confrontation.
Are there lessons to be learned here? Absolutely! Sometimes it might be best to take a deep breath and ask whether a situation is really what it seems.
I don't know what gestures were actually displayed that day, but I'm amazed that it was worth the trooper's time to pull over anyone to give them a lecture on respect. It makes me wonder how many traffic stops were the scene of this trooper dressing down someone for their lack of respect for his position of authority.
Shifting gears just a little bit...
It really seems strange that a trooper or other law enforcement officer would turn off the camera in their vehicle when they are not sure of the situation they have found. The trooper states that he is not sure what is going on, just that his assistance has been requested by another trooper. That camera might have been a valuable tool to help reconstruct the events. Funny how it is an unknown situation, but not one important enough to let the camera continue recording video.
Third and final thought...
Is this a case of multiple people having tunnel vision? "I'm in charge!" Wow, check out that old video the hats of incident command, but it sure fits this situation.
"My focus is on getting this patient to the hospital and it is the most important thing at this moment."
"I'm running hot, you didn't pull over, you showed a lack of respect and I have to immediately address those shortcomings no matter what else is happening"
"I'm not sure what is happening, I have to assume that my co-worker is in the right, I don't know all the details, but if there is any chance of it becoming dangerous I will err on the side of my co-worker."
It just might be time for all parties involved to take a moment, take a couple deep breaths, and ask how we can avoid this in the future. Is this a teachable moment for both sides?
WHY CAN"T WE ALL JUST GET ALONG?!?
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69279
Aside from the fact the Patrolman broke the law,he didn't not respect the First Amendment rights of the EMT. In a Supreme Court case the Patrolman is completely in the wrong.
Title 21. Crimes and Punishments
Chapter 20 - Assault and Battery
Section 650.3 - Interference with Emergency Medical Technicians or Care Providers - Punishment
Cite as: O.S. §, __ __
--------------------------------------------------------------------------------
Every person who willfully delays, obstructs or in any way interferes with an emergency medical technician or other emergency medical care provider in the performance of or attempt to perform emergency medical care and treatment or in going to or returning from the scene of a medical emergency, upon conviction, is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
The trooper is more in the wrong than the EMS crew, but Mr. White made a big mistake. Yes he thought the trooper had a patient in the squad car that needed help, but he should not have just jumped out of the ambulance and headed towards the car. Police officers are trained to think of everyone as a possible threat unless they are in cuffs. While I think Mr. White's intensions were good he should have just asked out the window if the trooper had a patient for them to look at and advising them they already had a patient.
However the EMT driving made a mistake by pulling over in the first place. If the police and ambulance crew had a radio channel that they could talk to one another on then the driver should have advised his dispatch of the trooper, and then told the trooper on the radio he had a patient needing to get to the hospital and he will speak with them at the hospital letting him know which one they were going to.
Now for the moron of a trooper. I do not care if someone in the ambulance moons you, the second he heard there was a patient in the ambulance he should have asked what hospital they were going to and followed them there. Placing two hands around a person’s neck is NOT A CALMING OR LEGAL RESTRINGING TECHNIQUE. It is battery plain and simply. The other trooper shutting off his dash cam was only doing it to hide something. No officer should be able to shut off his dash cam whenever he chooses, because they are in the squads for a reason.
And for my final comments are to everyone’s comments. I do not know all the laws in this state, and NONE OF US DO. The trooper was responding as a backup car to assist another department with a stolen car. If his lights are on then I would have to think that the other department might have been stopping a stolen car and that is what the trooper was going to, which means yes his lights will be on, but so should his siren. Most of you think the trooper should not have been driving fast or using his lights. We can not say that because we do not know all the facts of the call he was heading to.
Now all of this my 2 cents with some experience driving both an ambulance and police car with lights and siren running. So before we start hanging or firing anyone, lets let all the facts that can come out come out.
Try again?
I'd bet my life that the dash cam shows an out of control cop, and an EMT attempting to defend himself against that half pint would be dictator with a badge.
Come on Mr. Prosecutor, cough up the video of one of your pets attacking a real public servant!
You never put your hands on another - unless you are treating for a medical condition or arresting them "for just cause".
Send the trooper back for training that he must have missed the first time.
Then assign him to ride the ambulance for a few moinths - he needs it ....
Can you imagine what Martin will do when given the finger from a teen aged runaway and no one else is around?
Going to a low-priority call wouldn't constitute an emergency response, plus, if the Trooper is following too close, the ambulance wouldn't be able to see him anyways.
Yes, the dash-cam will say a lot, but again, why turn it off??
And the question still stands...why didn't the Trooper simply follow the EMS Rig to the Hospital and deal with it there, or call for the EMS Crew's Supervisor and deal with it like that? Whether the EMS crew was in the wrong or not, the Trooper went way over the line.
If you are obese, poorly educated, immature, addicted to methamphetamine, corrupt or a lifelong redneck, pay us a visit: you'll fit right in. Welcome to Oklahoma.
This type of behavior is accepted by all. It is accepted by law enforcement because their mindset is they are the law. It is accepted by the masses because NO ONE HAS DONE or WILL DO anything about it.
What the Police say, goes, no matter what and YOU can't change it. YOU just suffer their transgressions/actions and they know it BECAUSE THEY ARE THE LAW.
Ergo
Ergo
This is a brilliant idea!
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