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Video: Witness: Trooper in the wrong
Watching the dashboard video reinforces her view.
By DAVID HARPER World Staff Writer
Published:
6/14/2009 2:30 AM
Last Modified: 6/14/2009 6:09 AM
Clara Harper of Boley on Saturday watched the dashboard video from the patrol car of a state trooper who scuffled with a paramedic.
In a way, though, she said it wasn't necessary
"I can remember everything," she said of the May 24 confrontation that has gained nationwide attention.
Harper was following in a separate vehicle when the ambulance ride of her sister, Stella Jordan, took a turn that no one could have anticipated.
The trooper, identified as Daniel Martin, has been seen in a video taken by a cell-phone camera while he was involved in a scuffle with Creek Nation paramedic Maurice White Jr. at Paden.
Martin is on paid leave pending an internal review of the incident by the Department of Public Safety.
That cell-phone video, which was made available to the media earlier and appeared on various Web sites, spawned widespread controversy and calls for the trooper's dash-cam video to be released.
That happened late Friday, but because of technical difficulties the Tulsa World initially obtained only a portion of the recording.
On Saturday evening, Harper said she viewed the footage and that it reinforced her impression at the time that White "never once became aggressive to that trooper."
"He did nothing wrong," Harper said of the paramedic.
The ambulance was in the process of taking Jordan to a hospital at nearby Prague when it was stopped by Martin for allegedly failing to yield to his patrol car while it was en route
to a stolen-car report in Paden.
The ambulance did not have its emergency lights or siren engaged.
The trooper also claimed that the ambulance driver, Paul Franks, gave him an obscene finger gesture — a claim denied by Franks.
Martin had tried to arrest White for obstructing an officer when the scuffle broke out between them. Martin said in his report that he was trying to talk with Franks about the failure to yield, but White kept trying to come between them.
Harper said Saturday that she remembers being one of the people telling the trooper to leave White alone. She said in the aftermath of the skirmish she remembers White saying to her and others on the scene, "You are my witnesses."
Harper said she got in the ambulance with Jordan and rode with her to the hospital.
"She was scared, and I was trying to calm her down and telling her everything was going to be all right," Harper said.
Jordan is now resting at a location outside Boley, Harper said.
"She's still a little bit shaky," Harper said. "Her nerves are just wrecked."
Harper, who is handling calls from the media for the family, said she remembers people saying in the wake of the incident that "you should take it to the news."
Still, she indicated she was somewhat surprised that the story has taken off like it has.
Harper said "I hope justice is served" and that the ordeal will be worth the bother if it prevents anything like this from happening again.
OHP Capt. Chris West said Friday that the results of an internal investigation have been turned over to the patrol's chief, Col. Van M. Guillotte, who will make the final determination on whether disciplinary actions are brought against Martin. He did not know how long that review would take.
Meanwhile, attorney Gary J. James, who is representing the trooper, has scheduled a news conference for 2 p.m. Monday in Oklahoma City to "address the allegations made by various individuals as it relates to the performance" of his client, according to a press advisory.
Okfuskee County District Attorney Max Cook has declined to file any criminal charges as a result of the incident.
Franks was issued a written warning for failure to yield.
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By DAVID HARPER World Staff Writer
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Some reader comments for this story were copied from "
Video: Trooper's dash video released
," which was published on 6/13/2009.
Report Comment
Have that
, America (6/12/2009 3:34:46 PM)
single handed choke holds are not only dangerous but innefective. this officer was breaking the law and should have to face the crime and do the time the same as anyone else. its a shame that it wont happen.
Report Comment
SS_Hippy
, Tulsa (6/12/2009 3:38:19 PM)
i'll be surprised if the trooper even gets a slap on the wrist.
Report Comment
somewear
, Yale (6/12/2009 3:39:30 PM)
Have that, your right it is a shame that won't happen!!!
Report Comment
psychedelikrelik
, Tulsa (6/12/2009 3:40:46 PM)
Dashcam video.
Release it.
Report Comment
Carl
, Henryetta (6/12/2009 3:44:49 PM)
From an article in the Okemah News Leader Wed, June 10, page 8:
DA Max Cook wrote the following to Chief Guillotte:
".....I have watched...the dashcam video...it is my opinion that Trooper Martin's handling of the situation was inappropriate from the onset...I trust that this matter will be dealt with appropriately by the OHP and this type of behavior will be strongly discouraged."
I don't know what else needs to be said.
Report Comment
Carl
, Henryetta (6/12/2009 3:49:39 PM)
In that same article, the OHP Capt stated that the dashcam video was not considered a "record" under the Ok. State Open Records Act.
I must disagree. Direct quote from the Act itself:
SS24A.3
1. "Record" means all documents, including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, and record, SOUND RECORDING, film recording, VIDEO RECORD or other material regardless of physical form or characteristic....."etc, etc, etc
Alnog with the TUlsa WOrld, I - as a taxpaying, citizen - insist and DEMAND that the dashcam video - that DA Cook found so convincing, be RELEASED IMMEDIATELY.
Report Comment
Twilight in Paris
, near the water in SE OK (6/12/2009 3:56:35 PM)
Ok, my question is why did he pull over the Ambulance which was transporting a patient??
I think a dashcam would be a video, they show them on TV all the time and say 'this video recorded the chase that was in progress'
Report Comment
Eric
, Tulsa (6/12/2009 4:02:50 PM)
...
On the surface, it smacks of a racial incident, but I suspect it is more about the arrogance of law enforcement.
At least I hope so.
We have enough problems in this state without having to deal with allegations of racist troopers.
...
I'd like to know if the trooper was tested for steroid use.
...
..
.
Report Comment
Only 1 of Me?
, Tulsa (6/12/2009 4:09:08 PM)
We all know that nothing will happen to the officer. Its just another situation where the police are removing themselves from the rest of society and an example of how they're CREATING the no-snitch culture themselves.
Report Comment
Ayo
, T-Town (6/12/2009 4:13:03 PM)
If the citizens of Oklahoma don't demand this dash cam be released then I'm at a loss for words.
I'd like to say unbelievable, but actually this doesn't surprise me.
Report Comment
Ric
, Broken Arrow (6/12/2009 4:13:10 PM)
Sounds like the trooper has a Power-Trip problem to me.
Report Comment
Ayo
, T-Town (6/12/2009 4:14:33 PM)
Where's old Polly way anyway? He's been conveniently absent on all of the articles regarding this one. Normally, he's one of the first to jump on when there's an issue on the law, especially with a black man.
Report Comment
Ayo
, T-Town (6/12/2009 4:16:03 PM)
I've wondered if the trooper is on steroids. I've also wondered what the policies of OHP are regarding drug testing of their officers who get caught behaving like Daniel Martin, 606. Drug test that dude.
Report Comment
Navin Johnson
, Tulsa (6/12/2009 4:16:03 PM)
He'll probably get a raise...
Report Comment
Bullhead
, Nicut (6/12/2009 4:20:02 PM)
Good observation, Eric. Steroids or he was cranking it up? Maybe not, he did let the guy go pretty easy. Generally they're not stoppable when under the influence.
Report Comment
Aurelius
, Broken Arrow / Tulsa (6/12/2009 4:25:04 PM)
Carl,
Just because it could be argued that the dashcam recording is a "record" does not mean necessarily that it must be released. You gave only a small snippet of The Oklahoma Open Records Act. First, there are in fact specified items that law enforcement must release and dashboard mounted camera recodings are not one of them. Furthermore, investigative reports of law enforcement and prosecutors are not subject to release. Finally, if you want access to something, there are proper ways to make a fromal request and DEMANDING them via an internet news message board is not one of them.
Report Comment
Dadzilla
, Tulsa (6/12/2009 4:26:04 PM)
Why are they unwilling to release the dash cam video? The claim is that it will exonerate the officer. If that were the case, the video would have been played on every news station in the state!
Something smells funny here.
Report Comment
WINNIE THE POOH
, Tulsa (6/12/2009 4:26:25 PM)
Don't you know that all OHP officers are self worshiped gods? What a jerk!! Hope his wife was impressed with her hubby.
Report Comment
Carl
, Henryetta (6/12/2009 4:43:01 PM)
All one has to do is read the DISTRICT ATTORNEY'S comments, which I posted. AFTER viewing the "private video" and the DASHCAM video, he felt that Trooper Martin's antics were INAPPROPRIATE from the ONSET.
I am fully aware that an Internet posting is not the appropriate channel to DEMAND Public Records be released. The Tulsa World has made an official request (through the proper channels one would imagine) and have been turned down.
Although i reprinted only a "snippet" of the Act, it was simply enough to refute the OHP's reson for not letting it go. The OHP stated the dashcam was not a "record" (their own quotation marks. The "snippet" that I copied CLEARLY stateas that VIDEOS ARE "RECORDS". My point being that the OHP needs to cite ANOTHER (non-bogus) reason for refusing to allow the PUBLIC to see what was recorded on a PUBLIC DASHCAM.
Report Comment
Carl
, Henryetta (6/12/2009 4:51:28 PM)
The DA, while declining to press charges on anyone has said fairly clearly and in plain English that the Trooper was INAPPROPRIATE and that he trusts that the incident "will be dealt with appropriately by the Oklahoma Highway Patrol and that THIS TYPE OF BEHAVIOR (capitals mine) will be strongly discouraged."
Keep in mind, this isn't my comment nor anyone affiliated with EMS's comments, it's from the DISTRICT ATTORNEY!!
I can't imagine anyone in authority at the OHP will protect this maverick Trooper at the risk of their own job (keeping the DA's official comments in mind) I predict Trooper Martin will be soon applying for a new position elsewhere. Best of luck to him. Perhaps he could be a bouncer, or a private duty bodyguard - seems more suited to his temperament.
Report Comment
Guywire
, Claremore (6/12/2009 4:57:39 PM)
This incident is disgusting!I appeal to President Obama to bring his openness of government right on down to the Oklahoma Highway Patrol. We must have a full and true conclusion. I can't help but think of "Boss Hogg".
Report Comment
tintulsa
, Okmulgee (6/12/2009 5:04:00 PM)
From KOTV's website article; Why Won't OHP Release Dashcam Video?
Very good info, last paragraph states: According to Freedom of Information-Oklahoma, a statewide group supporting open records rights, the legislature curtailed the public's access to Department of Public Safety audio and video recordings in 2005. That measure says open records do not include DPS audio or video recordings.
Think about that when voting next time for State Representatives or Senators.
Report Comment
01ginger23
, (6/12/2009 5:17:06 PM)
officer martins wife was in the car at the time of the incident (kotv6) and he was rushing to a call? However, the call wasnt that important because he stopped an ambulance and got into a scuffle with a emt. No sirens but flashing lights. sounds like martin was just giving his wife a show of what his BIG car can do and the ambulance got in the way.
Report Comment
tintulsa
, Okmulgee (6/12/2009 5:18:09 PM)
It really seem a litle weird that the Tulsa World, KOTV6, and Fox23 each seem to have a piece of the OHP puzzle.
All the more reason for outside investigation from someone not accountable to DPS.
Report Comment
Online predator
, Muskogee (6/12/2009 5:18:22 PM)
I bet you can hear the trooper use the N word on the dash cam,thats why they wont show it.
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