Assaulted Paramedic Wants Oklahoma DPS Trooper's Badge

Sorry, ADA, I guess you and I were typing at the same time. I wasn't trying to be rude by repeating the statutes.

By the way, for those who haven't seen them yet but are interested in viewing them:

Mr. White's & Mr. Frank's written affidavits on the situation can be found here:

http://ftpcontent.worldnow.com/griffin/NEWS9/PDF/0905/ambulanceincidentreports.pdf

Trooper Martin's & Iker's statements can be found here:

http://ftpcontent.worldnow.com/griffin/NEWS9/PDF/0906/trooperscuffle.pdf

On that same site there was also the witness' statement, but I failed to bookmark it. Sorry.

The DA has already made his decision that no charges will be filed on either party. So be it.

But when I look at the totality of the videos and statements, I cringe at the sheer number of shortcomings Dan had (I've posted on others of them over at MedicThree and RogueMedic as well). Setting aside the legalities and even setting aside the elephant in the room (the transport of a medical patient), this whole incident was one epic FAIL after another. How OHP can do nothing about it is beyond me.

"The DA has already made his decision that no charges will be filed on either party. So be it."

I'd rather he not be charged. Personally, I think losing his badge should be punishment enough.

Two weeks ago, I'd have said that a short suspension and counseling would have been enough, but Trooper Martin has shown himself to be totally unrepentant in the matter, which tells me that he believes such behavior is okay.

And that being the case, he needs to be fired. His attitude is not going to be fixed with a little counseling.

AD,

What do you think about 5150's comments about Mr. White not exiting the vehicle, and staying out of the situation? This has been my whole point all along…had Mr. White kept his mouth out of it, and called dispatch or another LEO, this probably would not have escalated to such a point…

Another thing,check out http://www.newsok.com for the article on Mr. White…shows neither the trooper or the paramedic are such sterling characters…Both egos got in the way of safety and patient care…not acceptable at all!!!

My stance on what should happen to Dan has evolved too.

Initially I thought he should have mandatory anger management counseling & at least one ride-along with EMS.

Then when I dissected the videos (particularly the damning dashcam) and saw all the procedural, safety, and tactical errors he made, I came to think he could benefit from some return CLEET courses and some more time on the mats.

When I watched his attorney's press conference and saw how the Sympathy Card was being played with the poster-sized pictures of Dan's bruises, I was beginning to wonder if there was any hope to salvage his career or his mindset.

But what brought me to my current opinion was reading the statement about Dan telling Paul Franks at the hospital that he almost pulled his weapon back at the scene. That statement cinched it for me. Because I know Dan. I cannot/will not go into detail on why that hit me like a stone wall, but trust me. I'm sorry to say, Dan needs to lose his badge.

Everyone should go to tulsaworld.com and check out today's article on both the trooper and Mr. Uhhm White. It shows that both are not the reputable characters that both their lawyers have made them out to be!

It's under the heading "trooper known as a bully" and it very shortly goes on to describe Mr. White's termination and how 40, that's right folks, 40 of his former co workers wrote to the local newspaper in favor of his being terminated.

Now enough said on this nasty mess! and let's go back to living our lives!

"What do you think about 5150's comments about Mr. White not exiting the vehicle, and staying out of the situation?"

LLT, how long do you think it's reasonable to wait on the side of the road with your heart patient while all that happens?

Ten minutes? Fifteen? Maybe twenty?

Calmly wait while Dan Martin delivers his ass-chewing, writes out his completely bogus and unwarranted citation, and vents his anger a little more at Paul Franks until he feels better?

And I've read the Tulsa World article as well. It's a shame that this whole thing escalated into such an ordeal that both men have their past and present personal and business lives dissected by the media.

But the man to blame for that escalation is Dan Martin. For all I know, both he and Maurice White may be perfect assholes.

But the bottom line is, the only out-of-control asshole on those tapes was Dan Martin.

And if he can't admit that, both to himself and to the general public, he needs to lose his badge.

AD,

I just asked what you thought, K?Nothing else, so tone down the flames just a little, please!

IMO, the ems shouldn't have pulled over til they got to the hospital and if they had to stop, instead of getting out of the rig and blowing their mouth and making a bad situation worse, they should have radioed dispatch, asked for another unit to transport the patient, contact supervisor on what to do or have them get in touch with OHP supervisor and get this resolved….You have not posted what you would have done in this same situation…One more point, this ems group, from what I have heard and read, is not known for having a good reputation. How do you feel about that?

Another thing, you have not said one thing about Mr. White leaving his patient…That is patient abandonment..What is up with that? If you are gonna dish it out on the trooper, you need to be willing to look fairly at the ems part of it as well..

With this being said, I still believe the trooper should be reassigned, something, or have his tail kicked for causing such a crap storm. But look at both sides and how Mr. White and his partner could have handled this better instead of going on national tv and whining…does not help their cause at all…

LLT – While I do agree with you that Mr. White didn't exactly help the situation, I personally think…no hope… the publicity he has brought to this situation will help to bring about change within the OHP. (Oh good Lord, I just used "hope" and "change" in the same sentence. *shudder*)

You see, Oklahomans are still reeling from two other recent cases where OHP troopers were charged with assault. One on duty where the OHP refused to release the dashcam video and the other off duty against his son's baseball coach.

http://www.newson6.com/global/story.asp?s=10319280

3 separate cases in just over a year where the words "OHP Trooper" and "assault" have been linked. It's becoming a bit redundant.

If Mr. White's national TV appearances light a fire under somebody to do something, then more power to him.

5150 Wife

Just out of curiosity, how can you tell all of this information without getting your hubby in trouble- because obviously some of this is not public knowlege

5150,

I have not ever said this was all the ems' fault…Without a doubt, the trooper started this mess…maybe the driver did by actually flipping the OHP off, who cares, the trooper should not have responded like this…the best thing would to have been to take the tag/rig number and call their supervisor if he just had to make a big deal out of this…not act like a idiot by overreacting…

With that said, I am still curious why the ems guys handled this the way they did..plain curious that is all. I can see several places where they did not handle this right, and in the first place, keeping the middle finger zipped no matter how they felt…professional, ain't they?

5150, a question for you…you must be a trooper's wife or some type of leo, correct? Is any of the stuff you have posted here confidential or told to you in confidence? If so, won't your spouse or SO risk problems at their place of employment with you posting this? Remember, just curious, K, nothing else.

Yes, I am an LEO's wife.

What part is confidential? I have cited the 2 videos which have been released, online news articles, the Oklahoma State Statutes and the affidavits of the parties involved which are posted online. All of that is out there for anyone to see who cares to seek it out. I've provided links for you guys so you can check it out too, if you so desire.

The other information I know (such as 10 codes and LE procedures) is from being a LEO wife. Again, nothing confidential about that.

Obviously, I have lots of opinions and questions on this matter. Perhaps my view is different because I have a smidgeon of insight into how LE works on the streets, but I'm still just your average Joe Blow who wants citizens to be able to have confidence in those sworn to serve.

"Another thing, you have not said one thing about Mr. White leaving his patient…That is patient abandonment..What is up with that?"

LLT, first of all, I wasn't flaming. I apologize if I gave you that impression.

And I haven't said a word about Maurice White leaving his patient, because that is not patient abandonment.

Abandonment is defined as the unilateral termination of patient care without first ensuring that patient care is continued at a level the patient requires.

Stepping out of your rig to address a safety issue, for example, does not meet that definition. Neither does stepping out to see why the inappropriately angry state trooper is chewing out your partner.

This business of being unable to step out of the rig without committing abandonment is a myth we in EMS have wrongly perpetuated for years.

If that were the case, we'd be committing abandonment every time we drop the patient off at the ER. That patient isn't going to have a doctor or nurse at bedside the whole time. They're going to be left in the room, alone, for minutes, perhaps even hours at a time, depending upon their condition.

There's a good article in JEMS by W. Ann Maggiore entitled "Patient Abandonment: What It Is and What It Isn't" that every EMT should read.

It dispels many of the myths and misconceptions many EMTs have about abandonment.

LLT, my reaction would be the same whether he'd behaved that way toward a common citizen, or even a fellow cop.

I've said from the beginning that I think Maurice White handled the situation poorly, even though it wasn't of his making in the first place.

As to what I would do in a similar situation, I'm not sure I'd have yielded any faster than Paul Franks did. He yielded the right-of-way when it was safe and prudent to do so. Keep in mind that he's driving a rig with handling and braking characteristics more reminiscent of an ocean liner than the compact car in front of him, plus he has to contend with far more distractions.

Even then, he didn't hold up the trooper for an unreasonable period.

You also may not have an appreciation for just how rough an ambulance ride is. The essence of emergency driving is creating a safe and smooth ride for the patient and the medic in the back.

Standing on the brakes and swerving to the right is the antithesis of safe and smooth.

Both EMTs have testified that Paul Franks threw up his hands in surprise when Trooper Martin radioed that he should pay more attention to his mirrors. They both deny that Franks gave him the finger.

The only thing we have to go on is the word of one cop who is visibly out of control, and two EMTs who just as visibly were not.

Would I have continued on to the hospital and radioed ahead for a supervisor, instead of pulling over as Paul Franks did?

That's a hard one to answer. What if Trooper Martin was trying to notify the driver of a potential safety hazard with his vehicle? What if, as Maurice White has testified, the EMTs believed he was trying to get medical help for the woman in the front seat of his cruiser?

We know know that the woman in the car was Trooper Martin's wife, but no one knew that at the time.

As far as Maurice White's resisting arrest, I wouldn't have. I'd have also owned everything Daniel Martin had of value when the whole episode was over.

On top of that, I'd have encouraged the patient and her family to sue the Oklahoma Highway Patrol and Trooper Martin for everything they could get.

And they'd probably be awarded a hefty judgment, too.

But I'm not Maurice White, and I don't live in Oklahoma. It's worth noting that, according to Oklahoma laws, a citizen is not required to submit to any illegal act, even if that act is being carried out under color of police authority.

Is it wise and prudent to do so when faced with an angry armed man with a badge? Certainly, but it doesn't necessarily mean that resisting is illegal.

Could Maurice White have done a better job at taming the savage beast? I think so.

Then again, it's a pretty basic premise of interpersonal communications that other people naturally tend to reciprocate the attitude you project.

If you're a warm and open person, you tend to encounter a lot of warm and open people.

On the flip side, if you encounter an inordinate number of assholes, it's probably because you're a bit of an asshole yourself.

Bluster and aggression may make the sheeple cower and fear your wrath, but when you encounter another Alpha male, like many medics tend to be, he's likely to call your bluff.

I have a number of friends who are cops. Lawdog, for example, is probably as concentrated a can of badass as you're ever likely to meet in a police uniform.

You'd never know that, however, because he has a mild-mannered demeanor that invites cooperation. Daniel Martin's demeanor invites just the opposite.

Continuing the the last comment:

From my standpoint, this is more than my professional outrage at a cop interfering with patient care. This is far worse than that. This is about a cop who pulls over a vehicle without probable cause because of his temper, and then gets into a needless physical confrontation, and thinks he did nothing wrong.

Our society allows cops a great deal of authority, and we place a huge responsibility on their shoulders. We hold them to a higher behavioral standard than the rest of us, and it takes a special person indeed to meet that standard.

Daniel Martin has proven that he is not such a person.

I grew up in a small Oklahoma town and remember all the time spent hanging around the police station with my Paramedic father.

One thing I learned as a boy is that all OHP troopers are cut from the same cloth, and that is not a compliment. These guys don't get into OHP unless they have a particular attitude (i.e. assholes).

A second thing I learned is that there are way too many EMT/Paramedics that are unprofessional and should not be allowed anywhere near an ambulance. For every solid professional working hard to take care of their patients, there are two nutcase adreneline junkies.

This is a situation where each of the leasons I learned at an early age are exposed for everyone to see. The troopers were wrong to stop the ambulance rather than following them to the hospital and there is no excuse for leaving your patient. I don't understand how anyone could defend either party unless they were prejudiced against one side or the other before learning any facts. Look at this objectively and you can see that both the main culprits belong in the unemployment line.

Anonymous, that's a pretty broad brush you're painting with there.

I know a few OHP Troopers and I wouldn't describe any of them as assholes. I've also had encounters with several more on the highways over the years who didn't know I was a LEO's wife. In each case they were professional, courteous and very helpful.

As far as EMS, again, no complaints here about any of them that I know or have come to my aid. As far as being "nutcase adrenaline junkies", I'm thinking maybe that's not such a bad thing? Considering what they do for a living and all?

Anonymous June 22, 2009 10:25 PM,

I guess literacy is not your strong point.

You state that there is no excuse for leaving your patient.. The medic left the patient compartment. There is nothing wrong with that. Just scroll up a few comments and AD explains that clearly.

There may be many reason for leaving a patient, temporarily.

While I do not know any OHP troopers, I don't believe that you are any more accurate in your characterization of OHP than you are of EMS. Similarly, your understanding of patient care appears to be something you dreamed up.

You learned two things growing up. Your father must be proud. Too bad both of the things you learned are wrong.

Put down your beer and go back to explaining how your team would win the Super Bowl every year, if they would just take your advice.

Signed with affection,

Nutcase Adrenaline Junkie

5150Wife –
You are indeed correct. It appears that the Assault & Battery charge under OSC 21.20.650.4 is/was a misdemeanor. What ironic timing for Governor Henry to sign legislation making an assault on an EMT a felony, after this incident. I assume the legislation was initiated many months before this incident, but was it this event that prompted Henry to sign it into law?

It would be interesting to peruse the Oklahoma Statutes/Past Proceedings to see what other legal penalties/provisions are in place for (against Martin):

1. Strangulation (choke hold, cutting off air supply, lethal force)
2. Aggravated Assault (most likely serious injury or deadly force would be req’d)
3. Reckless Endangerment (a blanket offense often used when the law if vague)

And I’m sorry 5150Wife; the traffic stop was not legal. There was no probably cause in stopping this ambulance. The Failure to Yield infraction against Driver Franks was exonerated by the Oklahoma State Police’s own dash cam. I count 6 seconds at most where the ambulance driver had time to react… and then there was the white car in front… Enough said….

In my jurisdiction, there are (4) four felony charges that could be applied against Trooper Martin. And don’t discount Oklahoma’s Case Law. It could broaden the potential for charges and corresponding penalties as well. If he were in my courtroom, I assure you, at the end of the day, Daniel Martin would be wearing an orange jumpsuit.

When I was a grade school kid back in the day, we had the “Officer Friendly Program” where a nice policeman visited our classroom. Was Trooper Martin not part of that program?

And it would most likely be inadmissible evidence in any criminal/disciplinary proceeding against Martin, but one must wonder why he was fired from his Fairfax position? Why do so many people hate him? I can only imagine..

5150, you should consider a profession in legal research. We could use you in our office. We continually bat around opposing legal scenarios and play advocate on either side of any issue. And never succumb to the posts questioning your allegiance to your law enforcement affiliation. I admire your moxy………….

Just a question for clarification. The Man driving the ambulance. Is He an EMT, or is he in fact an Ambulance driver. I ask because ambulance drivers have been dwindling over the last 30 to 40 years as to be almost non existent.
Most personell staffing an ambulance nowadays are either EMTs or Paramedics, or nurses. You hardly see any untrained personell in emergency medicine any more.

Prosper, the man driving the ambulance was an EMT.

I know a few old-fashioned ambulance drivers still around. In fact, there's one on my blogroll: The Armed Schoolteacher.

I call myself Ambulance Driver as a tongue-in-cheek nod to the public perception of most paramedics.

Just when I was beginning to think I'm the only one disappointed that this issue has faded silently into the sunset, we've got this update:

Yesterday White filed a Federal civil suit against Martin. prediction: This won't go well for Dan
Supposedly Martin is still on paid administrative leave. Gee, must be nice, huh?
and supposedly the IA investigation is still ongoing. yeah, right

You can read a news article on it here:
http://www.kfor.com/news/sns-ap-ok–ambulancestopped,0,3145874.story

I find it less than coincidental that #1 the IA investigation just happened to get wrapped up the day after the lawsuit was filed and #2 the press conference announcing the results was hastily scheduled for 7pm (after normal business hours), which just happened to be the same time as the Obama news conference.

AD, have you read OHP's disciplinary letter to Dan Martin?

http://www.examiner.com/x-6121-Oklahoma-Crime-Examiner~y2009m7d23-Oklahoma-Highway-Patrol-read-Daniel-Martin-disciplinary-letter-here

Unfreakingbelievable

Anonymous ADA: I might…might …have to concede to you on the legality of the traffic stop to begin with, but not for the reasons you cited.

Up until now, I have generally taken Dan at his word that he was responding Code to a request for back up by another officer on a stolen vehicle call. In light of those circumstances, Dan would have had cause to run Code.

However, IF the allegations on Page 4 of White's lawsuit are true, a whole new can of worms has been opened. It states:

"11…Martin claimed he had an emergency which required him to run both his emergency lights and siren; however, Martin took no action when he arrived at his destination, he did not even exit his vehicle at his location, and he only remained at his destination for less than a minute;
12. The only action taken by Martin at his destination, which was supposedly a crime scene, was that Martin took a female passenger onboard his official vehicle;
…
16. Martin proceeded to his destination where he did nothing other than pick up a female passenger.."

IF this is true, one would have to wonder what the chances are that Martin's wife happened to be waiting for him to pick her up at a crime scene. Not very likely, I think.

One would have to question if in fact Martin was running Code, not to a call as he claimed in his written report, but because he was late picking up his wife. Her statement of "What happened?" that we hear on the tape at that moment would coincide with a scenario of his being tardy in rendezvousing with her, and thus his running Code in an attempt to bypass speed and other traffic laws.

Hmmm, it shall be interesting to see how this plays out in the courtroom. What I wouldn't give to be a fly on the wall in that room.

The lawsuit can be found here:
http://s3.amazonaws.com/content.newsok.com/documents/y22emtlawsuit.pdf

It's a good read.