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Slap on the wrist
OHP missed a chance to send a message
 
By World's Editorial Writers
Published: 7/27/2009  2:23 AM
Last Modified: 7/27/2009  4:06 AM

The five-day suspension by the Oklahoma Highway Patrol of Trooper Daniel Martin — involved in a May 24 scuffle with a paramedic near Paden — amounts to a slap on the wrist.

Cell phone video and video from the officer's own dashcam show poor judgment and outrageous conduct by someone wearing a badge.

The only saving grace to the OHP disciplinary ruling, which found behavior unbecoming of an officer, is that Martin was directed to seek anger management counseling.

OHP has missed an opportunity to show the public it does not condone such over-the-top behavior by its officers.

The incident unfolded after Martin stopped a Creek Nation ambulance transporting a patient to a hospital in Prague. The ambulance did not have on its lights or siren. But it became quickly evident to Martin after the stop that a patient was inside the ambulance. At that point he should have let the ambulance proceed to the hospital immediately.

In its ruling the OHP said Martin had probable cause to stop the ambulance for failure to yield earlier to Martin's patrol car, and that Martin was justified in trying to arrest the paramedic Maurice White Jr., who has since filed a civil rights action against Martin.

This is an incident that should never have escalated to the degree that it has.

Paul Franks, the ambulance driver, has suggested that Martin be transferred out of Okfuskee County. If the OHP hopes to preserve its credibility with the public it will do just that.
By World's Editorial Writers

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Thunder196, Tulsa (7/27/2009 3:47:23 AM)
I know some of the OHP Troopers personally. The ones I know are outstanding and professional people. It is as if those in command, at OHP, are thumbing their noses at everyone. They just gave all the good troopers a black eye.
Report Comment
justiceawaits, Claremore (7/27/2009 6:11:23 AM)
Well said, except for the transfer.
The catholic church transfer pedophile priests from one parish to another and just gave the molesters new playgrounds.
Transfering the offender somewhere else and making them some one else`s problem is not the answer, unless You want to get sued down the line.
The Top brass at OHP should be charged as acomplices the next time this twit croses the line.
Report Comment
Jolie2, (7/27/2009 8:11:24 AM)
The Tulsa World should do a follow-up report on the case of another OHP officer who is/was on paid leave for an incident that occurred November 21, 2008, where he kicked a kneeling, handcuffed woman in the chest at least three times, supposedly because she spit on him. She did not file the complaint; his fellow officers did. This was reported in detail in the Muskogee Phoenix on May 7, 2009. The officer's name is Barry E. Jacob Rowland of Bixby, OK, and the victim's name is Dana Michelle Walls of Tulsa, OK. She was arrested on charges of public intoxication outside a Muskogee nightclub (and for spitting on the officer, which is a felony). He faces up to 90 DAYS in prison for the assault, she could get up to 5 YEARS for spitting on him! (which she denies doing and there is no evidence from the dashcam that shows she did it, either). OHP refused to release the video to the public, saying it was part of an ongoing investigation, the same excuse they tried to use on Trooper Martin's assault case.

Another TW poster has informed me that the next court date for Barry Jacob E. Rowland is September 10.

Also, will the TW follow up on the death of Jerard M. Drew, after being pepper sprayed, placed on the ground, and having his legs shackled. He was stopped for the reason he was jogging while running in his boxer shorts. This was reported in the TW on April 24. The State Medical Examiner was supposed to do an autopsy and toxicology study. The media never followed up on this story and reported back to the public as to the cause of death.

Can the TW reporters determine if Rowland is still an employee of the OHP? Is he STILL on administrative paid leave after all these months?

Can the TW launch an in-depth investigation into the OHP's policies toward errant troopers, determining if there is a long-standing pattern of lenient treatment toward those who break the public's trust?
Report Comment
Jolie2, (7/27/2009 8:16:44 AM)
To clarify my ealier post, Jerard M. Drew was stopped by the Tulsa Police (not the OHP) in Tulsa. I typed that paragraph about his case out of order within my post, as well.

I would like to see a system set up where the TW automatically keeps track of stories that still require answers and follow-up, so that they do not fall through the cracks.
Report Comment
interested, (7/27/2009 8:17:21 AM)
Granted none of this should have happened but what about the EMT? Shouldn't he be disciplined for leaving his "seriously ill patient" in the ambulance alone? If I was the family of the woman I'd want him disciplined too. He was told to get back in the ambulance and he still stood there and argued. The driver could take care of himself. It's just a bad situation all around but there were two people nose to nose fighting and so far only one has been disciplined!
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my view, Sand Springs (7/27/2009 8:33:44 AM)
Both were out of line what punishment did the medic get?
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Jolie2, (7/27/2009 8:37:53 AM)
The EMT was the leader of the ambulance crew and came out to inform the trooper that there was a patient in the back in transport to the hospital. At that point, the trooper was in the wrong to detain the ambulance any further. He was interfering with emergency medical personnel, which is against the law.

Even Trooper Martin's superiors came to the conclusion that Martin's initial approach to the driver was unprofessional and out of line in his behavior. I'm sure that White picked up on that immediately as well and felt the need to mediate to get the priority of his patient to the forefront of the conversation and the ambulance back on the road to the hospital. White was wrong. Backing down to an officer who is out of line and in the wrong, allowing him to continue unchecked, is not always the right thing to do.
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Jolie2, (7/27/2009 8:49:21 AM)
Correction to last paragraph of my post. (EMT Maurice) White was right, not wrong. (Trooper Daniel) Martin was wrong.
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Ayo, T-Town (7/27/2009 9:05:19 AM)
BOTH were most certainly not out of line. Honestly, with the way OHP has responded and handled this from the beginning do you believe if White were even a tad out of line that they would let that slide? They know that Martin broke the law by not letting the ambulance proceed.

and btw, just what the hell was the ambulance suppose to do? Run over the car in front of it just so they could yeild to that OHP? They yeilded as soon as they could.

Is there not once blooming person in this state with the power to stop the out of control OHP? Do these blankety state representatives not care that people are being abused by OHP?

Where is the media in doing a thorough investigation to pull this crap out from under the rocks they've been hiding.

Keeping Daniel Martin on as an OHP is a mistake. He's lost all credibility. If he ever ends up killing someone in the line of duty do you think anyone will believe him?

Maurice White was NOT out of line. That's just BS.
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my view, Sand Springs (7/27/2009 9:18:55 AM)
Ayo.

Though I value your opinion I'll stand by what I said.

White, should have stayed in the ambulance with his patient. The Driver was more than able to inform the OHP officer they were transporting a patient.
Report Comment
Bud Green, No (7/27/2009 9:35:47 AM)
The 5 day suspension is a gesture; the OHP flipped everyone off and are still laughing about it.
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osagerafe, Bartlesville (7/27/2009 9:43:50 AM)
Five day suspension? what an embarrassing signal this sends to the civilized world. Our peacemakers can choke people of color and ignore patients in route to the hospital just because they want to. The suspended trooper was run out of Osage Country for pulling guns on teenagers. He shouldn't even be allowed to ever carry a gun. And he shouldn't be working for the state.
Report Comment
billy8, Sand Springs (7/27/2009 10:27:22 AM)
Take some ignorant redneck, give him a gun and a badge, and he thinks he can do whatever he wants to whomever he pleases. And then the leaders just push it aside and let him go on. What's wrong with this picture? Ever wonder why there is no respect for the police anymore?
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Ayo, T-Town (7/27/2009 10:31:09 AM)
my view, I value your opnion, too. I stand by Maurice for stepping out to inform the OHP that they had a patient and that he could follow them to the hospital. I doubt that it ever crossed his mind that events would turn the way the did. He probably thought it would only take a second.

They should never have been stopped in the first place. The ambulance driver can't run over the car in front of him just to yeild to the OHP.
Report Comment
Skyhawk, Downtown Tulsa (7/27/2009 11:33:48 AM)
I have to come down on the side of the Ambulance driver. Everything that I saw was professional from his side.

OHP is circling the wagons for one of there own but, how much better to make an example of one and show this is NOT the way to act while we "protect and serve".

The Iraq vet story is way overblown reason for this. This officer, in my view, is an egocentric, short fused, muscleman, with a badge. Those qualities can not be good.

I would only hope that the OHP is starting the book on this guy. With the OHP, it is two strikes and your out. Let us not be to hasty. If this officer is, as I think, he will get his in the end.

I stand in unity with the victim in this incident. I praise him for his humbleness and fervor for his patient.
Report Comment
Whirled Peas, (7/27/2009 12:27:30 PM)
OHP's action shows that they have sunk to the point of it's lowest members.
They may have been top-notch at one time but they are bottom feeders now.
I cant help but think that the troopers union is behind most of the corruption -- and that OHP would prefer to send it's hotheads packing, but there's really no such thing as "one bad apple" when the department stands behind them.
Report Comment
realityck, Tulsa (7/27/2009 1:17:01 PM)
I agree completely.
Report Comment
Be_Realistic, (7/27/2009 2:59:19 PM)
Why must it always be turned into a racial issue? Quotes of how things can be done to "people of color" are off topic.
The OHP trooper was out of line and even worse, out of control! I also agree this seems to be a common problem for many in law enforcement.
The Tulsa World is as guilty of creating racial tension as are the posters. Our local paper is bordering in tabloid and its sad.
Deal with the facts of the case and quit trying to create scandal.
Report Comment
pete379drivin, Broken Arrow (7/27/2009 4:03:23 PM)
jolie watch the dash cam video again then perhaps you will rethink your statement about White 'reacting' to the trooper...White jumped out of the ambulance before the trooper ever got out of his car and told the officer 'I'm in chare and you have to deal with me'..that was the beginning of the argument between the two of them. They BOTH acted unprofessional and should both be reprimanded for their conduct. It takes 2 to argue.
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pete379drivin, Broken Arrow (7/27/2009 4:06:57 PM)
oh and Ayo you said

and btw, just what the hell was the ambulance suppose to do? Run over the car in front of it just so they could yeild to that OHP? They yeilded as soon as they could.

The answer is no, they should have been paying attention and driving in a safer manner. Obviously the car ahead of them heard the sirens and yeilded to the police cruiser, had the driver been paying attention and driving at a safe distance he would have had plenty of time to react to the lights and sirens of the police car just as the motorist in front of the ambulance did.
Report Comment
Carl, Henryetta (7/27/2009 5:38:58 PM)
TW :"The only saving grace to the OHP disciplinary ruling, which found behavior unbecoming of an officer, is that Martin was directed to seek anger management counseling."

Me: According to your own reports, he was to get an "anger assessment", it did NOT say anger management - which is it? I wouldn't exactly refer to it as a "saving grace", I would call it an absolute PRE-REQUISITE to continue life as a HUMAN BEING.
TW: "In its ruling the OHP said Martin...was justified in trying to arrest the paramedic..."
Me: Well, then I would personally like to know the identity of the IMBECILE who believes that ANY LEO can arrest and remove a PARAMEDIC who is actively transporting a patient. Who would provide care to the patient, then? WHO would take responsibility if the patient worsened or died?
If the TW can put me in touch with the IMBECILE who made that statement, I - as an Emergency Physician - would very much like to discuss the issue.
TW: "If the OHP hopes to preserve its credibility with the public it will do just that (transfer him out of county)."
Me: Who at the TW believes that transferring the loose cannon somewhere ELSE is proper? What problem does that solve? Doesn't that simply ENDANGER the public to wherever Mr. TEMPER ends up? That's STUPIDITY in my opinion.
Oh, if only Martin had publicly admitted his giult and apologized, this probably would've ended a long time ago. Nope, instead the lawyer tries to make HIM look like the victim. Very poor tactical move.
Report Comment
Carl, Henryetta (7/27/2009 5:50:18 PM)
pete - re: "failure to yield"

the ambulance CLEARLY made an effort to pull over, obviously not fast enough to suit Mr. Temper Tantrum.

the ALLEGED failure to yield resulted in NO MATERIAL delay in the Trooper arriving at the scene of the "stolen vehicle report" at which he was evidently not needed to begin with.

Mr White - in his original report - stated that he believed the Trooper had a PATIENT in the seat next to him - because of the great SPEED that he was chasing them down with - THAT'S WHY he immediately jumped out - or didn't you read that?
Report Comment
Carl, Henryetta (7/27/2009 6:34:25 PM)
Why do people act as though lights and sirens are tantamount to a command from the Lord? In a car with the AC on and windows up and possibly the radio playing....forget the sirens. Lights are another issue - an ambulance going around a corner, with vehicles in front of him MAY not have been looking in the side views mirrors in TIME to see the Trooper FLYING up behind him.

Besides - did the ambulance's ALLEGED failure to yield cause the trooper to lose ANY time? Nope.

It was clearly an issue of the trooper being angry because they didn't pull over fast enough to suit him.
Report Comment
pete379drivin, Broken Arrow (7/27/2009 7:40:34 PM)
Carl did you even watch the video? If so perhaps you should put your glasses on next time...the trooper's dash cam clearly shows the car pulling over and the ambulance passing it and continuing on it's way until the officer started to enter the opposing lane to pass him...then he moved over to the shoulder. As soon as the trooper pulled the ambulance over the trooper says 'here now' and White says 'no you here now, what's the problem?' the trooper says 'I am talking to the driver' White says 'no no you are going to talk to me' and steps between the trooper and the driver...up to this point he has not mentioned that he has a patient in the ambulance, and as soon as he stepped between the driver and the trooper he BROKE THE LAW. Now you seem to think that I think the trooper was right in this situation and I don't, but there was noone in this whole situation who was in the right. The ambulance driver failed to yield and most likely did flip the trooper off on his way by him, the trooper was an idiot for pulling over the ambulance and White was just as big of an idiot (actually worse in my opinion) for acting all high and mighty and injecting himself in a situation that had nothing to do with him. He does not inform the officer for 35 seconds that he has a patient, even though up that point he was told twice by the trooper to get back in the ambulance, and if you truly listen to the video and watch what is happening things did not get out of control until the trooper says to the driver 'come here buddy' and White again steps between the driver and the officer. As I stated previously it takes 2 to tango and both the trooper and the paramedic acted like idiots and both should be reprimanded.
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pete379drivin, Broken Arrow (7/27/2009 7:48:51 PM)
Oh and Carl you stated that you are an emergency physician...you of all people should be angry that the paramedic left the patient alone at all...alot could have happened in the 35 seconds it took him to notify the trooper that he even had a patient, and even after that he still did not get back in the ambulance, check on the patient or do anything to ensure that there was nothing wrong with his patient. Mr. White started the argument, continued the argument and broke the law when he should have never stepped foot out of the ambulance. When he has a patient his first and only concern should have been that patient, not telling a trooper what he could or could not do. If not for Mr. White's interference noone has any idea what would have happened, although we do all know that he would not have scuffled with the officer because he wouldn't have been there to do so, he would have been in the ambulance doing what he is paid to do...take care of his patient.
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