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OHP trooper involved in scuffle given 5 days suspension
Trooper Daniel Martin
By MANNY GAMALLO World Staff Writer
Published:
7/22/2009 5:53 PM
Last Modified: 7/22/2009 8:53 PM
STROUD — An Oklahoma Highway Patrol trooper was given five days’ suspension without pay for “conduct unbecoming an officer” following his role in a widely publicized scuffle with a paramedic in May.
The suspension of Trooper Daniel Martin started Wednesday and is effective through Tuesday. He is also to undergo anger management assessment, a OHP spokesman, reading from a statement, said during a news conference Wednesday evening in Stroud.
The May 24 incident — captured on a cell-phone video camera and also on the trooper’s dashboard camera — between Martin and Creek Nation paramedic Maurice White Jr. occurred at Paden in Okfuskee County.
Martin was in his cruiser, with its emergency lights and siren on, heading to a stolen-car call when he encountered the Creek Nation ambulance in front of him on U.S. 62.
The ambulance, which did not have its emergency lights and siren on, was taking a woman from Boley to the hospital in Prague.
The ambulance did not pull over immediately, but after Martin drove around it he radioed the ambulance crew that they should watch their rear-view mirrors more closely.
According to the trooper, after he arrived at the stolen-car call, the ambulance passed and he thought the driver shot him an obscene finger gesture, so he pulled it over.
In his report, the trooper said he had wanted to talk to the ambulance driver, Paul Franks, about failing to yield and also about the perceived finger gesture.
Franks has denied giving the trooper the finger.
White came out of the back of the ambulance and said he told Martin that they were taking a patient to the hospital and asked to continue the dispute there.
After repeated requests by Martin for White to back off, the trooper tried to arrest White for obstructing an officer, resulting in two scuffles.
In the end, the ambulance was allowed to go on its way. Franks was given a warning for allegedly failing to yield. White was never arrested.
OHP spokesman Capt. Christ West, reading from a news release, said Martin had a right to stop the ambulance and had justification to arrest the paramedic for obstructing an officer but that the situation could have been and should have been handled differently.
Martin’s demeanor and language were unprofessional and contrary to what is expected of an Oklahoma Highway Patrol trooper by both the Department of Public Safety and the public, West said.
It would have been more appropriate to allow the ambulance to continue to the hospital immediately once he knew that a patient was on board, West said.
He did not take questions after he read the statement.
White filed a federal lawsuit against Martin on Tuesday, claiming that his civil rights were violated.
White’s attorney, Richard O’Carroll, said Wednesday that he wasn’t surprised by the agency’s decision not to fire Martin.
“It was predictable,” he said, adding that Martin “should never be allowed to wear a badge again.”
“Imagine what would happen to a citizen assaulted by an officer in an alley and there was no film available,” he said. “This sends a further message of abuse.”
Referring to the lawsuit, O’Carroll said, “We will deal with this and deal with this severely. Martin will pay.”
The trooper’s attorney, Gary James of Oklahoma City, said Wednesday night that his client followed the law and agency procedure in stopping the ambulance.
In spite of that, James said his client, aware of all the controversy sparked by his confrontation with the ambulance crew, “wishes he could do it over.”
According to James, Martin had a right to appeal his suspension but waived that right “in the best interests of everyone.”
“He just wants to get this behind him,” James said, “and for the good of the Highway Patrol.”
By MANNY GAMALLO World Staff Writer
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Reader comments for this story have been moved to the most updated version of the story, now under the headline "
Videos: OHP trooper suspended
," which was published on 7/23/2009. So far, 120 comments have been made.
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