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Roadside distraction
Did the long arm of law overreach?
Trooper Daniel Martin is seen on videotape struggling with a Creek Nation paramedic in May during a traffic stop involving an ambulance that failed to yield. Tulsa World file
By JULIE DELCOUR Associate Editor
Published:
10/11/2009 2:26 AM
Last Modified: 10/11/2009 4:16 AM
It took Catoosa's Blue Whale, Foyil's Totem Pole, a town named Hooker, Nowata's Bowling Ball Fence and the grave near Tahlequah of Mr. Ed, the talking TV horse, decades to reach the status that state Trooper Daniel Martin achieved in only four months.
Single-handedly, Martin's become one of Oklahoma's best-known roadside attractions.
Martin's defied that silly axiom about never getting a second chance to make a first impression. He made a fairly lasting impression in May thanks to a YouTube video viewed, at last count, by a million people. The video shows a May 24 roadside scuffle between Martin and a Creek Nation paramedic near the Okfuskee County town of Paden and the paramedic pressed against an ambulance with Martin's fingers squeezing his throat. Heard coming from inside the ambulance are the wails of a distraught female patient who thought she was on her way to the hospital for heart palpitations. The jumpy video, incidentally, was shot on a cell phone by the woman's son after Martin had pulled over the ambulance, believing its driver had cut him off and given a one-finger salute. Eventually the ambulance was allowed to go on to a hospital.
The Oklahoma Highway Patrol, Martin's employer, probably would concede that the video incited the same level of outrage in the public that swirling red capes provoke in bulls. OHP began an internal investigation, taking its sweet time releasing a dash cam video from the trooper's cruiser. The official video was only slightly less inflammatory than the cell phone video.
A
public outcry went up for Martin's head and his badge. He lost neither but was placed on administrative leave. Two months later OHP levied a five-day suspension without pay after determining Martin had exhibited behavior "unbecoming of an officer." Martin also was ordered to undergo an anger management assessment.
Aside from a federal civil rights lawsuit filed by the paramedic, Martin recently had slipped off the public stage. Now he's back for act two, which, for OHP, must be a public-relations nightmare. Last week, Martin returned to his old stomping ground — administrative leave — while the OHP conducts a new internal investigation into the Oct. 3 arrest of Kristopher Douglas, 24, of Holdenville, who claims Martin and Trooper Tommy Allen assaulted him for no apparent reason. Douglas, facing a misdemeanor charge of obstructing an officer, has filed a complaint against the troopers.
Jerry Ford, who lives where the arrest occurred, said Douglas was walking over to Ford's house to help him drywall when he was accosted. Luke Carson, the motorist who allegedly ran a stop sign and attracted troopers' attention to begin with, also was coming to Ford's house to help him drywall. With troopers trailing him, Carson had pulled into Ford's driveway.
Meanwhile, Douglas, not involved in the traffic stop, was trying to get to Ford's house. But troopers, Ford claims, kept insisting Douglas stand by the street. Events turned uglier when Allen allegedly grabbed Douglas' arm and placed him in a chokehold; Martin pulled out a retractable baton and struck Douglas in the back, according to Ford's account.
Neither Ford nor Douglas had known the names of the troopers but recalled the badge number of one. An Oklahoma City television reporter later recognized the badge, No. 606, as belonging to Martin.
Martin's attorney insists a dash cam will exonerate his client — that troopers acted professionally and prudently in subduing Douglas. So far, OHP hasn't released the dash cam recordings.
While the troopers are entitled to due process, they're not
just
ordinary citizens. They wear a badge. Because public confidence is important, law enforcement officers are held to a higher standard. Martin's unacceptable behavior in the May incident has created residual distrust not only for him but his employer.
Stories by Tulsa World reporter Manny Gamallo detailing the latest incident drew hundreds of comments, mostly unfavorable to Martin and to the OHP brass. The comments certainly aren't evidence but do indicate some public misgivings with the agency — at least in the Martin matter.
OHP may face some unsavory scenarios. If Martin is cleared and found to have acted appropriately criticism and suspicion undoubtedly will erupt — again. The balance of Martin's OHP career — no matter how long or short that might be — will be dogged with questions. Traffic stops he makes that evolve into force would — and should — be carefully examined. If Martin is disciplined again no punishment short of termination (or his voluntary resignation) probably will suffice for some of those following the episode.
Martin alone isn't responsible for eroding public confidence in OHP. But it is time for some serious agency introspection. Otherwise, all the perfumes of Arabia probably won't sweeten the hand OHP must deal with.
Julie DelCour, 581-8379
julie.delcour@tulsaworld.com
By JULIE DELCOUR Associate Editor
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Report Comment
Thunder196
, Tulsa (10/11/2009 3:44:19 AM)
I see you joined the witch hunt crowd. Because hundreds spoke out against Martin, he is guilty? If you say so.
Report Comment
Centrist
, the burbs (10/11/2009 4:19:39 AM)
Good article Julie but I do think we should wait until the video is released to pass judgement. If it is as bad as the paramedic video then I think the OHP will do the right thing for OK.
Report Comment
OUJeepster
, (10/11/2009 5:56:51 AM)
The OHP may "do the right thing for OK" but - just like before - they'll take their good, sweet time about it. This redneck bully needs to go.
Report Comment
Four Sixteen Rigby
, Tulsa (10/11/2009 8:01:04 AM)
Why didn't Douglas just stand by the street like the troopers asked/told him? I mean, from the troopers' perspective, letting a guy go into the house means he could have come back out with a weapon. I don't much like cops in general, but I do what they tell me and let the lawyers sort it out later.
Report Comment
skippy1
, Tulsa (10/11/2009 8:02:07 AM)
Are you guys for real? OHP DID NOT "do the right thing" the first time. This ego-maniac should have been fired after the first instance of abuse of power. Does he need to kill someone before action is taken? He is a blight on the law enforcement profession and should be gone, gone, gone...
Report Comment
olddude
, tulsa (10/11/2009 8:56:18 AM)
And they won't do any thing this time,so give the one finger salute when you see them.
Report Comment
Jolie2
, (10/11/2009 9:42:42 AM)
Don't forget about Trooper Barry Rowland, sitting home on full pay (a little over $43 thousand a year) while on administrative leave since last November for allegedly kicking a handcuffed woman on the ground several times in the chest, with the dashcam recording everything and other law enforcement officers witnessing AND REPORTING the incident. She was charged with public intoxication (outside of a bar) and with allegedly spitting on Officer Rowland (not recorded by the dashcam and which she denies). He is waiting to stand special trial next March for the MISDEMEANOR of assaulting this woman. If convicted, he could spend up to 90 DAYS in prison and pay a $1,000 fine. She stands to spend up to 5 YEARS in prison on the spitting charge itself. Her case cannot move forward until after Rowland's trial is completed.
Oh, and Gary James is the attorney for Rowland, as well as Daniel Martin, in addition to DPS Commissioner Kevin Ward. As Dave Jordan of News 9 in OKC reported, that's a serious conflict of interest, for the OHP trooper's boss (Ward) to have the same attorney as his subordinates.
Report Comment
Jolie2
, (10/11/2009 10:08:24 AM)
Nowhere in her editorial does does Julie DelCour say Daniel Martin is certainly guilty of misconduct in this latest incident, Thunder196. She is pointing out because of the original event of Martin assaulting Maurice White, plainly shown in the dashcam and cell phone videos, and the OHP's original defense of Martin and the subsequent light slap on the wrist he received as a result of his behavior, the public has lost trust in both Martin and the OHP oversight. This IS a problem, whether you believe it is or not, Thunder. It can also cause problems in court on any case involving Martin's involvement, because of his lack of honesty displayed in describing the ambulance stop. His work background as Fairfax police chief is also common knowledge now and can be used as further evidence of a man who abuses his authority.
Martin is a liability for the department. He should never have been hired by the OHP in the first place, based on his history in Fairfax.
Report Comment
Tulscl
, Tulsa (10/11/2009 10:27:46 AM)
I do believe now that this is not about Martin. This is going to be about the top brass of the OHP. The investigation needs to be on them. This could have been avoided after the first time at Paden. Just what is this trooper going to have to fight against the civil rights action. We the tax payers will be paying this tab. Hopefully the brass can pay the second one because it will be filed also.
Report Comment
Ayo
, T-Town (10/11/2009 10:37:27 AM)
I use to think the OHP were creme of the crop. I now see they are the worst thugs on the OK highways.
Martin, Rowland, and West have cooked this soup. It's rancid.
OHP is not to be trusted. Cover your backs, Oklahoma citizens. Film them, record them or do whatever you have to do, but cover your backs.
Report Comment
Ayo
, T-Town (10/11/2009 10:38:42 AM)
Jolie2 has the post of the day! Excellent post.
Report Comment
Woofenburger
, Hominy (10/11/2009 10:52:41 AM)
There were a lot more people in the houses around the arrest that could have come out of the house with a gun than the one guy trying to get into the house to hang drywall. What makes these troopers think they can make the world come to a stop when they are ticketing a guy for running a stop sign.
What if the owner had come out and sat on his lawn to watch? If the troopers told him to go into his house would he have been arrested if he refused?
These guys don't rule the world. If they can't do their job without incarcerating all the neighborhood around them then they need to get a job where they work from home and don't have to deal with people.
Report Comment
BillD1234
, (10/11/2009 11:35:05 AM)
Trooper Martin is only the tip of the problem. Most of these incidents go unreported since they are perpetrated on the poor, brown or black. I am white and don't fit the police profile. However, I fear the Cops more than the Crips.
Julie, could you look into the four inmates that were raped on the state capital grounds? I have not seen anything on this locally. If you think the cops abuse the citizens you should see what they do to the inmates!
Report Comment
Darkstar
, (10/11/2009 12:21:14 PM)
The OHP deserves all the respect accorded to a cigarette butt that has floated in an unflushed urinal for 3 days in the dirtiest, sleaziest bar imaginable.
Report Comment
Carlos
, Tulsa (10/11/2009 12:44:58 PM)
Jolie2,
Thank you for continuing to inform posters about the OTHER OHP corruption in addition to Martin. Some people simply do not know about Rowland because OHP's stall tactics in getting him to trial have kept him out of the paper and news. They also may not know about the OHP troopers that were ghost employees at the governor's mansion and lied on their timeslips about being there when they were collecting pay running errands and sleeping while on the clock. Were they punished? Nope.
OK citizens need to all be aware of this before passing judgement on OHP. The Martin issue is not a one-time issue with OHP. There have been a number of criminal offenses committed by them (that we know about) and OHP upper management and DPS has made it clear they will lie, deny, and back any trooper over any misconduct.
Fellow OK citizens, I pray it does not happen but what will happen when an OHP trooper shoots someone? Will it be your loved one? Will it be YOU? One things for sure, they will go unpunished.
Report Comment
Nickie
, (10/11/2009 4:27:32 PM)
Yes, Martin, Rowland, Allen, West, Ward have not enhanced the image of the ohp. And possibly other troopers in situations that I don't know about. And is anyone going to investigate (a real investigation, not a slanted toward the ohp investigation. And, or do anything about the misbehaviour?
Report Comment
Bud Green
, No (10/11/2009 5:35:57 PM)
Good editorial, Julie Delcour.
Report Comment
Bud Green
, No (10/11/2009 5:36:38 PM)
Wearing an OHP uniform does not make Daniel Martin a good OHP Trooper any more than putting on a football uniform and pads makes him a good quarterback or putting on a surgeons mask makes him a good surgeon. His actions, lack of expertise, poor demeanor and dismal history are what make him a poor OHP trooper. Anyone can put a uniform on.
Report Comment
Jolie2
, (10/11/2009 6:18:37 PM)
Nickie,
From New9 dot com's article "Lawmaker: Trooper Martin's Actions, Allegations Unacceptable" dated Oct. 5, updated Oct. 6:
QUOTE
Representative Christian sits on the public safety committee in the House and is now in the process of launching an interim study into DPS and OHP.
END QUOTE
That's Oklahoma Representative Mike Christian, who served as a trooper with the OHP for 10 years in the past, with a commendable record.
KOKH FOX25 in Oklahoma City has been running a series of news reports this September and October investigating DPS (Department of Public Safety which oversees the OHP). You can view those many videos on their website at okcfox dot com.
Report Comment
Jolie2
, (10/11/2009 6:21:25 PM)
The actual official reports on this latest incident are available to read on newson6 dot com.
If the traffic stop and interaction with Kristopher Douglas is as straightforward as both officers' reports allege, then why is the OHP delaying so long in releasing the dashcam videos? If the officers are being truthful, the videos ought to set the record straight and clear this matter up in a hurry. This extended delay in putting the video out in the media suggests there may be tampering going on with the original tapes in order to protect the troopers and the department.
Report Comment
okie ridgerunner
, Small Country Town State Line (10/11/2009 10:53:23 PM)
If they let Martin get away with this again.no one will trust the OHP again.and why should they.
Report Comment
OutlawsInc
, (10/11/2009 11:30:38 PM)
I fear the Oklahoma Highway Patrol more than I fear the Crips. I don't come in contact with the Crips but I've been pulled over repeatedly on the I-44 by the same Skinhead Highway patrolman who harasses me about things I haven't done, constantly asks if I have drugs in the car. Never get a ticket. Haven't done anything wrong.
Now this may sound strange to you but what is strange to me is that I haven't been pulled over in more than 30 years by a policeman or highway patrol except for this one man. What am I doing that I can't drive his stretch of the I-44 without him pulling me over? If he thinks I have drugs then get the dogs and go for it. I don't.
If he thinks I'm a bad driver then write me a ticket. We'll hash that out in court. Nobody in a dozen states thinks I'm a bad driver but apparantly he does.
The Oklahoma Highway Patrol is a bunch of thugs from what I can see.
Report Comment
Jolie2
, (10/12/2009 1:57:52 AM)
Joe5 brought up another OHP incident involving OHP Trooper Rocky Northcutt in a traffic stop back in 2006 in Ardmore. I had never heard of it, so I did some research online and posted a lot of information after the op-ed article (where Joe5 posted) from this weekend, written by Julie DelCour about Daniel Martin, titled "Roadside Distraction"
I'm going to copy and paste those posts here so more people will see them.
Report Comment
Jolie2
, (10/12/2009 2:00:43 AM)
Sorry for the mistake. I realize that I AM on the op-ed article. My original posts are on the other latest news article on the TW about Martin, "OHP releases incident report"
Report Comment
Jolie2
, (10/12/2009 2:01:30 AM)
I hadn't heard about Trooper Rocky Northcutt's traffic stop of Latisha White before. I read the previous article in the Tulsa World dated 09/27/2007 and titled "Traffic stop no longer routine"
A quick summary. The woman in the traffic stop, Ms. White, claims that Trooper Northcutt repeatedly issued numerous profanities while talking with her, after she pulled her vehicle over. He said he was not stopping her and told her to get out of there (but in not quite so nice language). She then filed a complaint with the OHP. OHP said the dashcam video supports the trooper and then issued a FELONY charge of perjury against Ms. White. Louisiana, where Ms. White lived at that time, refused to grant the extradition request.
Here is an excerpt from the TW article mentioned above:
QUOTE
White and members of her family had left a rodeo arena in Overbrook, south of Ardmore, the evening of Sept. 3, 2006. White's vehicle was following Knight's on U.S. 77 because the lights on her horse trailer reportedly weren't working.
According to a complaint White filed with DPS, as Northcutt was pulling Knight over, he came into her lane, forcing her onto the shoulder before her vehicle came to rest behind the trooper's cruiser.
At that point, Northcutt ran to White's vehicle screaming, "I did not fing pull you over. You do not pull behind an officer. Get the f--k out of here now," White wrote in the complaint. She then reportedly apologized, saying she was following her sister.
Northcutt replied, "I don't f--king care. Get the f--k out of here now," White wrote in the affidavit. After telling the trooper she had to back up, Northcutt again said, "Get the f--k out of here now," the complaint stated.
White, traveling with her mother and White's two daughters, then 13 and 10, proceeded to pull her truck in front of Knight's vehicle.
Lance McCrary, a Muskogee attorney who represents White in the felony case, maintains the traffic stop video is flawed and has "skips" in it.
"We feel that we do not have the full version," he said. "We believe that they do."
The video of the traffic stop includes audio on which no expletives can be heard, Ladd said. It begins with Northcutt initiating a stop behind Knight and soon afterward, the trooper can be heard getting out of the car and saying to White, "Do not pull behind me. Please move your vehicle now. I don't care who you are. Move your vehicle now, something like that," the prosecutor said.
After White parks her vehicle in front of her sister's, Northcutt is heard warning White to stay in her truck, Ladd said.
In an interview with the Tulsa World, White said she was asked by a supervisor of Northcutt's that if instead of hearing a profanity, White mistakenly heard the word 'freak,' because that was the trooper's "favorite word." She said no.
Ladd said he has watched the video about five times and "freak" isn't uttered.
In her formal complaint, White offered to take a polygraph test to substantiate her story. White's mother, Vera Faulkner, who was in the truck that night, echoed in an affidavit that Northcutt repeatedly barked an obscenity at White.
(article continues on)
END QUOTE
I will look online to see what I can find out about this case, Joe.
According to the article, Ms. White filed a civil lawsuit against Northcutt which includes claims of defamation and free speech defamation.
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