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Video: Trooper tells his version of event
He thought the ambulance driver gave him the finger.
By MANNY GAMALLO World Staff Writer
Published:
6/2/2009 2:22 AM
Last Modified: 6/2/2009 8:58 AM
OKLAHOMA CITY — A perceived obscene finger gesture apparently sparked a May 24 confrontation and scuffle between a state trooper and paramedic in Okfuskee County.
The Oklahoma Highway Patrol on Monday released reports from two troopers involved in the incident with Creek Nation paramedics who were taking a woman to the hospital in Prague.
In his report, Trooper Daniel Martin, who is at the center of the confrontation, said he was heading west into Paden to aid the Okfuskee County Sheriff's Office on a stolen-vehicle call.
Martin said he had his emergency lights and siren on when he encountered the ambulance in front of him, which failed to yield to his cruiser.
Eventually, the ambulance pulled over, he said, and he contacted the paramedics over their EMS radio, telling them they should be more observant.
The ambulance was not running with its emergency lights or siren.
Up to this point, Martin's account mostly jibes with reports filed by paramedics Maurice White Jr. and his partner, Paul Franks, who was driving the ambulance.
However, the paramedics reported they never heard the trooper's siren.
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.
As it was, Franks was ultimately given a written warning for failure to yield. White was not arrested at the hospital.
The troopers filed their information with Maxey Reilly, assistant district attorney in Okfuskee County, for possible charges. Reilly has forwarded the case to District Attorney Max Cook for review.
Manny Gamallo 581-8386
manny.gamallo@tulsaworld.com
By MANNY GAMALLO World Staff Writer
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T.B'Ville
, Bartlesville (6/2/2009 4:54:13 AM)
If the trooper would have arrested him like he said he was going too, I might believe him. Since he didnt I have my doubts about his story.
Report Comment
patrat
, Rose (6/2/2009 5:52:06 AM)
The OHP feel that they are special citizens who have to answer to noone. If we all flipped out when we thought someone gave us the finger, we'd be fuzzed up 24/7. I once passed a trooper and he pulled me over. He was very rude and questioned my maintainence of the vehicle. I said I didn't know it was against the law to pass a trooper and he answered that at least I learned something that day. They are all egoists.
Report Comment
oldrustytulsa
, Tulsa (6/2/2009 6:28:20 AM)
What if the ambulance drive was throwing gang signs?Was it racial profiling?
Report Comment
Just1Man
, (6/2/2009 6:36:03 AM)
Egoes abound!
Report Comment
Sarge776
, Tulsa (6/2/2009 6:38:43 AM)
There are times when a citation is issued or even not issued and a report is sent to the District Attorney's office so they can review the affadavit to see if charges or further charges are warranted. It is done throughout the 77 counties in Oklahoma and is nothing out of the ordinary to have it done. The Trooper was completely within legal grounds to arrest the EMT when he refused to comply with the order that he was under arrest. It is never a good idea to resist even if you think you are in the right. That is for the judge and or jury to decide. The side of the road or highway is not the place to legally argue an issue, the courtroom is. The EMT was out of line, and he broke the law.
As far as the comment made by "patrat", the reason you probably were stopped for passing the Trooper was because he was travelling the speed limit and when you passed him, that means you were speeding. Tell the whole story if your going to tell it, not just the parts to satisfy your own problems.
Report Comment
Missy,,M
, no thanks (6/2/2009 6:38:50 AM)
Well the ambulance driver didnt have any lights on.Which tells me that,it does not matter who believes who,the point is if you are in route to the hospital with a patient and ya dont use those lights then its the same as if ya are just driving in your car.I mean,Id like to side with the American Indians but hey,Just the facts mame.
Report Comment
Another TPS parent
, (6/2/2009 6:40:54 AM)
Talk about Road Rage! What a great example these community servants set for our citizens. They should all be reprimanded!
Report Comment
Loophole
, (6/2/2009 6:49:04 AM)
Is this road rage in reverse?
Report Comment
justiceawaits
, Claremore (6/2/2009 6:52:32 AM)
Refusing to Yeild and flipping off the Trooper, no wonder the cop was ticked off.
Report Comment
Eagle 4
, Tulsa (6/2/2009 6:54:46 AM)
Can you imagine the chaos on the BA every morning if one-finger waves caused such reactions? Ordinary citizens might still be cooling their heels in the hoosegow and facing charges!
Report Comment
Carl
, Henryetta (6/2/2009 7:28:30 AM)
The trooper's report proves to me that he was ANGRY with the (white) driver and he set out to get revenge for his perception of being flipped off - whether he was or was not is 100% irrelevant. Maurice had every right to get involved as he was the person in charge and his mission was to deliver the patient to the hospital. The trooper (rightly or wrongly), was interfereing with his mission.
Once it became clear that there was a patient on board (lights and siren or no lights and siren), the trooper should have ended it and simply followed them to the hospital.
The video evidence also CLEARLY disputes the troopers comment that White ws outside the ambulance - the part referred to shows White getting out of the patient compartment just before he gets put in the stranglehold.
Also, contrary to an above comment that the trooper had the RIGHT to place the driver (or paramendic) under arrest - he could not do so as there was a PATIENT IN THE AMBULANCE!! What ninny would think it acceptable for a LEO to take the Emergency Medical Provider away from the patient?? That, in itself, I'm pretty sure would constitute a felony - it's smart that he cooled off enough to use some common sense.
Road rage on the trooper's part - plain and simple.
Report Comment
Carl
, Henryetta (6/2/2009 7:40:44 AM)
Missy - no, it is not :just the same as driving your car" if the ambulance wasn't running hot.
The days of "scoop and run" are long gone. With today's paramedics, they can SAFELY and at normal driving speeds, deliver a patient to the hospital. They are not REQUIRED to ever use lights and sirens.
On the other hand, I can just picture the troopers - SPEEDING to the scene of the - GASP -stolen vehicle, lights and siren blazing, expecting everyone to get the heck out of the way so they could save the day and help recover a chunk of metal. Since the call was "under control" once they arrived, doesn't sound like it was a REAL emergency to begin with...end result, trooper all pumped up with adrenaline with a big anti-climactic call, turns to the ambulance crew to take out his aggression.
Report Comment
T.B'Ville
, Bartlesville (6/2/2009 7:44:19 AM)
Carl, he could have arrested the guy at the hospital after they let the patient off.
Report Comment
A Potential Patient
, (6/2/2009 7:58:21 AM)
In response to Sarge776, there is another way to look at it. When the EMT informed the trooper that he is violating the law by interfering with there official duty, he should have immediately allowed the Ambulance to continue to the Hospital. Instead, the road raging trooper decided to charge the EMT with interfering with an office. Which the EMT was not, the trooper continued breaking the law by further delaying the Ambulance. Then falsely tried to arrest the EMT for continuing to inform the officer that he is breaking the law. Arresting an EMT, shows the a flagrant disregard of the law by the officer. The officer then assaulted the EMT. At which point the EMT informed the office that he is now committing Felony assault on an EMT. At which point the office did not immediately remove his hand from the EMT's throat.
So, the trooper should be charged with, interfering with an EMT in the performance of his duty, false arrest, assault of an EMT, abuse of power and official oppression (whatever that law is). But not charged for voluntary manslaughter, because the patient survived.
The assisting officers should also be charge with interfering with an EMT because they too were informed that the EMT was in the middle of performing his duty. And reprimanded for not doing their duty and arresting the road raging officer, who was assaulting the EMT.
I agree with you on one thing, it should be up to a judge and jury to decide which offense the officer is guilty of. They should throw the book at this officer to make it clear to people like Sarge776 understand what it means to protect and serve. It's what the EMT was doing, and the Trooper wasn't.
Report Comment
billw001
, Tulsa (6/2/2009 7:59:10 AM)
Carl - yes, it is just the same as driving your car if the ambulance wasn't running hot.
No lights, no sirens, no emergency. They could have been driving to Burger King as far as anyone knows.
With no lights or sirens on, they have to sit in traffic, stop at lights, move out of the way of emergence vehicles running hot, obey the same traffic laws just like any one else.
Report Comment
insider9909
, Cushing (6/2/2009 8:00:06 AM)
Just a couple of hot heads acting like school kids.
Report Comment
Ron B
, (6/2/2009 8:06:51 AM)
Isn't this the "road rage" troopers tell people to avoid? I would be in jail if I reacted every time someone flipped me off.
Report Comment
TP39
, (6/2/2009 8:07:20 AM)
Shouldn't these two alleged grown men be working together and not against each other? What happens if a victim is in need of assistance from both paramedics and LE- do they stand arguing over who has right-of-way while the person bleeds?
Report Comment
scooter2
, (6/2/2009 8:18:07 AM)
A Potential Patient you have said it All. Thanks I could not have said it better myself..
Report Comment
johnny74839
, (6/2/2009 8:18:09 AM)
know of a couple of incidents that OHP WERE GOD,lol. one in hughes county, doing 66 mph in a 65mph zone,ticketed nad fined after just been passed by three cars doing aleast 80mph ! ask why me three cars just passed me doing 80 3 seconds ago, said well like fishing don't always catch what u want,guess my fault though told him well when i catch what i don't want i throw it back!oh by the way we did all have to get out while he search the car!me [white] wife and three of her brothers[indians]!
second was in tulsa county on hwy 75,had a man pull a gun on me[white] and my two coworkers[white&one indian] told us to get out ,told him noway we leaving u have a gun! so i back out and left on south bound 75hwy,thirty min. later stopped on 75 hwy by 3 ohp cruisers,2 county,3 glenpool laws with all weapons drawn starting 2 panic a little now, hwy 75 shutdown! we got out of my truck without incident by proceeder step out walk backwards,get down on ur knees then get cuffed,went fine we was all cuffed on our knees on 75 hwy ,then the guy that had the gun shows up, walked straight to the indian that was with me ,and my god, he headbutts him in the nose!he tries to get up but other officers hold him down[still on hes knees]well come to find out he was a state trooper in plain clothes, he told me and the indian we was riding with him to county jail!but thank the lord for good cops, two black ohp troopers said NO that wouldn't be a good ideal we will transport them!
the thing of it is he told us at county while being processed he should of just blowed us away with hes 38! then they would of been no question ask!my indian friend fought the charges for 4 mnths,but a each hearing the officer would not showup so kept postponing so he finally pled guilty couldn't afford driving back an forth 2 court 120 mile round trip!
but that shows how far one can go!
Report Comment
Carl
, Henryetta (6/2/2009 8:35:16 AM)
billw - you are quite wrong, my friend. There is no law REQUIRING an ambulance to "run hot" - EVER. Scoop and run went away with Cadillac ambulances. REGARDLESS of lights and siren issues - I WILL SAY THIS ONCE MORE - once it became clear that a patient was in the ambulance, the trooper had NO BUSINESS detaining the crew any longer!! PERIOD.
Also - FYI - once the patient came under the care of the ambulance crew - THE ONLY PERSON with the LEGAL AUTHORITY to determine if an emergency medical condition exists or not is the ER PHYSICIAN (refer to the Emergency Medical Treatment and Labor Act - aka EMTALA) - most definitely NOT the OHP.
The trooper was dealing with a clear cut case of road rage/contempt of cop - whatever you want to call it.
Now, the ambulance crew MAY or MAY NOT have done anything wrong - but that is 100% irrelevant and beside the point.
Report Comment
Carl
, Henryetta (6/2/2009 8:38:29 AM)
billw - besides - a STOLEN VEHICLE "EMERGENCY" also isn't really a cause to run hot - probably at a high rate of speed - especially since they were basically cancelled shortly before or shortly after arriving on scene. Is that worth putting the public in danger like that?
And let's not even discuss all the times many of us have seen an OHP or other LEO vehicle HURTLING down the road without your precious lights and sirens on.
Report Comment
ajohnb
, Jenks (6/2/2009 8:42:09 AM)
I would still like to know who the woman was in the car with the trooper and if she was authorized to be riding with the trooper.
Report Comment
Carl
, Henryetta (6/2/2009 8:50:11 AM)
PS - lights and/or sirens are NOT a free pass to drive recklessly - like bearing down on a relatively bulky and hard to see behind AMBULANCE - and coming to within a few feet or their rear!! OHP or anyone else has the DUTY and OBLIGATION to exercise great caution when driving to an "emergency" such as a stolen vehicle or other REAL emergency.
Report Comment
billw001
, Tulsa (6/2/2009 8:51:26 AM)
Carl, How can you tell if the guys in the ambulance is going to Burger King for lunch or transporting a patient? Why do they have lights and sirens on the vehicle in the first place if there no law REQUIRING an ambulance to "run hot" - EVER
If this is the case, then why do I see ambulances running "hot" all the time?
I can see a police car responding to an emergency with no sirens (To avoid letting the criminal know they are coming) or lights, but not an ambulance during an emergency...
If the ambulance is NOT running with lights and sirens, then they need to obey the laws of the road just like any other car out there. The public will NOT move over for an emergency vehicle unless they are running hot because as far as we the public know, they driver is going to lunch or to go clock out for the day.
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