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Trooper charged with kicking handcuffed woman
Other officers brought the allegations against the Bixby trooper.
 
By ANN KELLEY NewsOK.com
Published: 5/7/2009  2:30 AM
Last Modified: 5/7/2009  3:46 AM

HENRYETTA — A state trooper who was captured on video kicking a handcuffed woman faces a misdemeanor assault and battery charge.

Trooper Barry Jacob E. Rowland, 32, of Bixby has been placed on paid administrative leave pending the outcome of the charge against him, Oklahoma Highway Patrol Capt. Chris West said.

Rowland has been a trooper since May 2006.

He was charged March 3 in Okmulgee County District Court. He is accused of repeatedly kicking Dana Michelle Walls, 32, of Tulsa on Nov. 21 while she lay handcuffed on the ground outside Carolina's Trail Club in Henryetta.

Calls to Rowland and his attorney, Gary James, were not returned.

District Attorney Tom Giulioli said Walls didn't file a complaint against Rowland. The charge stems from allegations made by other officers who responded to a call for assistance at the club that night.

The Highway Patrol oversaw the investigation, which includes statements from other troopers and Henryetta and Dewar police officers.

Giulioli said video from Rowland's patrol car and another trooper's vehicle shows Rowland kicking Walls in the chest at least three times.

Rowland claims that Walls spit on him and was drunk. Walls is charged in Okmulgee County District Court with public intoxication and placing bodily fluid on an officer.

Walls told The Oklahoman that she doesn't recall how many times Rowland kicked her, but she woke up in the county jail the next morning with large bruises.

"I didn't file a complaint because I figured I wasn't the first person this had happened to," she said. "I doubt I'll be the last. Besides, he's a cop. I figured nothing would probably happen if I did" file a complaint.

She said she didn't spit on Rowland but remembers him asking her several times on the way to jail why she did it.

"I kept telling him, 'I didn't spit on you,' " Walls said.

Giulioli said the video doesn't show Walls spitting on Rowland.

West would not release the patrol video to The Oklahoman, saying it is part of an ongoing investigation.

If convicted of the misdemeanor assault, Rowland could face as much as 90 days in jail and be fined as much as $1,000.

If Walls is convicted of spitting on Rowland, a felony, she could be sentenced to as much as five years in prison.

Giulioli said there are strict statutes protecting law enforcement officers.

"It may not seem fair, but I'm not the one that makes the laws," he said. "Take that up with the state Legislature."

Walls spent nearly a week in the county jail before posting $250 bond. Jail officials have no record of Rowland being booked into jail, although Giulioli said he should have been.
akelley@opubco.com
By ANN KELLEY NewsOK.com

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Report Comment
oldrustytulsa, Tulsa (5/7/2009 5:18:14 AM)
Its a case of he said she said, he kicked no way around it she was already cuffed,time to let him go.
Report Comment
bubba oky, tahlequah (5/7/2009 6:28:15 AM)
this man should be charged with assult on a disabled person. What a coward, we don't need these cowards protecting the public. Six years for putting body fluids on an officer is a fair sentence. However he should be subject to at least the same time if not more.
He is a coward by anybodys standards, and deserves no place with the brave and professional, acting men and women that proudly carry the badge.
Report Comment
Webmeister, Tulsa (5/7/2009 6:33:56 AM)
What a HANDY law?

An ACCUSATION of spitting on a LEO, and there goes FIVE YEARS of your life.

Who is the court supposed to believe, a sworn LEO (who just happens to be videotaped kicking the daylights out of a handcuffed woman), or a civilian?

If this is not OPPRESSION, what is.......?

The LEO should be charged with a felony: Attempted murder.

Why? With your hands cuffed behind your back, getting repeatedly kicked in the chest by a jack-booted thug of a OHP officer IS attempted murder.

Misdeamenor? Phooey.
Report Comment
LesGuvment, Sand Springs (5/7/2009 6:48:23 AM)
Get a rope!!
Report Comment
DF, Tulsa (5/7/2009 7:02:13 AM)
Spitting is a felony?
Report Comment
HarleyRyder55, Tulsa (5/7/2009 7:06:23 AM)
I highly respsect our law enforcement who do their jobs properly, but this State Blooper did not. Even if the woman spit on him repeatedly, he had the option to cuff her ankles as well as her hands and lay her face down on the ground or on the back seat of the cruiser. His actions were way out of control. He should be terminated, fined, and imprisoned.
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HarleyRyder55, Tulsa (5/7/2009 7:11:21 AM)
The thinking behind spitting on another person being a felony stems from the possibility the bodily fluids could be infectious or even deadly. As would be the case with someone who has HIV or full blown AIDS. So it equates, more or less, to assault with a deadly weapon.
Report Comment
LnorR, tulsa (5/7/2009 7:19:58 AM)
Taze and mace man taze and mace.
Report Comment
justiceawaits, Claremore (5/7/2009 7:37:12 AM)
Rowland need to be fired and sent to prison, this is the type of POS that gives cops a bad name.
Report Comment
me, (5/7/2009 7:39:45 AM)
If she had not been doing something wrong to get herself arrested, she would not have been handcuffed and kicked. Now the sleazebag will probably get a big settlement at taxpayers expense.
Report Comment
jaybo, (5/7/2009 8:09:38 AM)
There's no excuse for police brutality, especially when someone is handcuffed. In front of a camera no less. Busted
Report Comment
Sarge776, Tulsa (5/7/2009 8:27:30 AM)
This is not good at all. First of all, these Troopers are trained to be the best in the USA when it comes to all matters relating to the job. This includes self control as well. This Trooper should not of allowed his emotions to take over when this woman allegedly spit on him. Yes, she committed a felony by spitting on the officer. This however gave the Trooper no excuse to kick or beat the woman, especially since she was handcuffed. It is deplorable that he just made the rest of the Troopers look bad, but remember, one bad apple doesn't spoil the whole bunch. He will be dealt with, and he may or may not lose his job, but if he does, then so be it.
Report Comment
Webmeister, Tulsa (5/7/2009 8:46:57 AM)
I anticipate that the Felony spitting charge is going to disappear, just like Mr. OHP Jack-Boot "Jacko" Rowland's LEO career.

She spent a WEEK in jail for a public intoxication charge, and the bogus charge of spitting on a LEO because she couldn't make a $250 bail?

What sweethearts run the Okmulgee County jail?

We know the LEO added that charge after he saw where his stomping fit was going to land him:

In Jail....
Report Comment
mypast, (5/7/2009 8:49:13 AM)
What is wrong with the world now days? I'm sure there is little chance that spit would find some open wound on a cop to infect him w/a disease..just as sure that kicks in your chest can kill. Wonder how the man treats his wife & kids?
Report Comment
Angry Citizen!, Bluejacket (5/7/2009 9:12:19 AM)
What did she do to get arrested, before she spat on this guy?
Report Comment
DowntownNow, (5/7/2009 9:55:36 AM)
Ms. Walls needs to have an attorney look into this matter. While there may be strict laws that protect officers in the performance of their duty, those laws will not protect him against a civil suit where it can be found that kicking her was an action deemed outside the scope of work by the officer and therefore not protected.

The laws protecting officer's of crimes such as this are a disgrace...how are ordinary citizens supposed to honor the laws when our own enforcement personnel do not and can get away with far less of a penalty than the average person?
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DowntownNow, (5/7/2009 10:16:02 AM)
Ms. Walls needs to have an attorney look into this matter. While there may be strict laws that protect officers in the performance of their duty, those laws will not protect him against a civil suit where it can be found that kicking her was an action deemed outside the scope of work by the officer and therefore not protected.

The laws protecting officer's of crimes such as this are a disgrace...how are ordinary citizens supposed to honor the laws when our own enforcement personnel do not and can get away with far less of a penalty than the average person?
Report Comment
DowntownNow, (5/7/2009 10:16:21 AM)
OOps...sorry bout that
Report Comment
ajohnb, Jenks (5/7/2009 10:58:34 AM)
This trooper needs to be fired immediately AND go to jail. If it is on video tape of him kicking her, that is evidence enough. It does not matter what she did to him while intoxicated.

She will go to court on the charges and should be punished if it is proven that she did spit on the trooper.

Makes no difference. He should be fired immediately. But what happens? They are paying him while they investigate.

I think that the trooper should face a lot longer than a possible 90 days and $1000.00 if she is facing 5 years for spitting on him.

Looks like there are different standards for law enforcement people than for the average person.
Report Comment
grizz, tulsa (5/7/2009 12:34:39 PM)
Send that redneck sorry excuse for a human, much less a trooper, into the general population at big Mac. And do something about the stupid felony spitting law.
Report Comment
70rocks, (5/7/2009 2:48:00 PM)
Kicking vs. Spitting
What in the world has happened to our laws? The common citizen is now subjected to laws that protect only the law makers and keepers. How did we as citizens allow the lawmakers to decide that ANY law enforcement officer can kick us under ANY situation and merely be suspended WITH pay and charged with a misdemeanor? If convicted (will not happen) the kicker gets 90 days in lockup. Should the citizen disapprove of this butt kicking-while-handcuffed and retaliate by spitting on the officer (how else could one retaliate while handcuffed and being kicked in the chest?) we are tagged felons and receive 5 years in the pen.
We must take society back. Demand that this tape be released to the media and the so called law enforcement officer terminated and prosecuted.
The Tulsa World, in my humble opinion, cares about our civil rights as much as I do. I implore the newspaper to not let this one die. What is really more important than somehow returning respect to the common citizen?
Report Comment
Berries, (5/7/2009 2:48:23 PM)
Although I support law enforcement completely, Trooper Rowland should not be in law enforcement. The fact that his own people turned him in really says something. He's not well liked, he's a liar, he's arrogant, and he's abusive. I just hope he's not that way at home. He should have known better. Those cameras are running, something I know he is well aware of. It isn't just that he kicked this woman, occasionally force is required, but it is the manner in which this occurred. The article states that the others did not see her spit on him and then it sounds like he was trying to convince her that she did spit on him. Why else would he continue to ask her why she did it? If she's drunk the "why" is obvious. Rowland is an arrogant, manipulative jerk to think he can get away with this.
Report Comment
Floyd Lawson, Mayberry (5/7/2009 3:10:28 PM)
I've known cops who get run out of the job after unnecessary force, etc., in which no one was seriously hurt. It's a pretty rough punishment for the majority of these guys. Especially the ones that pull this kind of stunt. I hope the barfly gets sober, and this guy gets some anger management and a lower stress job.
Report Comment
What?!?, (5/7/2009 3:21:51 PM)
Can't release the tape because it's "Part of an ongoing investigation?" It's been almost half a year, how long does it take to investigate when you have the assault on videotape? So he gets a paid six month vacation and she gets a felony charge, while he only faces a misdemeanor. It sounds like the FBI needs to investigate him for violating her civil rights. Quite a bit more jail time for that. Sounds like he'd fit right in there.
Report Comment
Webmeister, Tulsa (5/7/2009 3:29:28 PM)
The police and DA has been hiding the video recording of the prisoner beating since November 21, 2008.

It's time for a diligent news organization to file a request under the Oklahoma Open Records Act, and get EVERYONE a look at the video.

Obviously, the recording so badly impugns the LEO involved that the DA and police are hiding it so the accused LEO can skate by on a puny misdeamenor charge of assault & battery, instead of a more serious Felony charge of which several fit.

The Tulsa World allied with some other news organizations previously conducted a really good investigative report on various state, county and city governmental organizations, and their slipshod compliance or non-compliance with the Oklahoma Open Records Act.

Tulsa World reporters have the moxie to get their hands on this video recording.......

Let's hope they get the motivation, now......
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