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David Stanley Ford

Oklahoma Highway Patrol releases scuffle video

RON JACKSON    Comments Comment on this article537
Published: June 13, 2009

Warning: Video contains explicit content


PRAGUE — The Oklahoma Highway Patrol released a dashboard camera video late Friday that was recorded during an altercation between a patrol trooper and an emergency medical technician.

The patrol said the move is contrary to what the agency normally does but decided to release the video because of the high level of public interest and the fact that the release "would not affect the administrative review” of the patrol’s investigation of the incident, according to a statement released late Friday.

"We’ve been well aware of the fact that this incident has drawn enormous attention, but made the decision to protect the integrity of the investigation, any and all relevant evidence, as well as the rights of the department employees during the course of the investigation as required by law,” said patrol spokesman Capt. Chris West.

The move came after the patrol received sharp criticism by the attorney representing the technician, who questioned the patrol’s initial decision not to release the video.

The patrol has completed its internal investigation into the actions of trooper Daniel Martin, who has been placed on administrative leave with pay, West said. The investigation is now under review.

Martin, a patrolman with two years experience, has been cleared of criminal wrongdoing by Okfuskee County District Attorney Max Cook. He also said he would not file charges against Creek Nation EMT Maurice White Jr., who is the person involved in the altercation with Martin.

Richard O’Carroll, White’s attorney, had earlier criticized the patrol for not releasing the video.

"Why wouldn’t they release the video?” said O’Carroll of Tulsa.

West initially defended his agency’s decision to withhold the dashboard video, adding that Martin is entitled to his "due process” as a state employee. Martin claims the ambulance driver, Paul Franks, rolled down his window and made an obscene gesture at him. Franks denies making such a gesture.

"This investigation is to determine whether any disciplinary actions should be taken or not,” West said. "We’re trying to take the high road here.

One video of the incident has reached the public domain. The video was taken by the ambulance patient’s son on his cell phone camera and posted on YouTube.

Martin is shown choking White outside the ambulance with another patrolman, Brian Iker, urging everyone to remain calm.

"Thank God there was a camera, or else my client would have been prosecuted by now,” O’Carroll said.

Watch YouTube video of the confrontation below.

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David Stanley Ford





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This trooper was clearly in the wrong. I am a sworn officer and have quite a bit of training and experience in traveling "code 3" to incidents. One of the main factors is that you shall use due regard when traveling "code 3", something this trooper did not do. The ambulance was getting over as soon as it could due to another car pulling over. The trooper denied it, but yes, he did "run up on the ambulance" very quickly. This leads me to another point. Just how fast was the trooper traveling? Going somewhere "code 3" does not give you the authority to travel any speed you want. In SC, you are allowed to travel 10 miles over the posted speed limit. I'll be the first to admit that this doesn't always happen, however you have to be very careful when running "code" or else you could easily be involved in an accitent that you will be liable for, not the other guy. I'm not sure what this trooper was going to assist the county with, but it really didn't look all that important considering he never got out of his car and was only there for a few seconds. I couldn't hear the radio traffic, and it may not have been there, but it leads me to wonder if this trooper had already been told he wasn'
t needed but decided to keep on going anyway. All that aside, as soon as it was made clear there was a patient in the ambulance, the trooper should have allowed them to go to the hospital, and if he still had a problem could take it up there. Its not like the ambulance would have, with a patient, tried to run from the trooper. This trooper showed absolutely no class or professionalism in handeling this situation. He was cussing at the ambulance crew, which is a big no no. Again, these are not hardened criminals, as we can easily tell (most of the time you never know, however this one was pretty clear). As far as the alledged hand gesture...Here are the reasons I don't believe there was one given. One, this trooper went by the ambulance so fast that I very seriously doubt he could have seen any gesture made that quickly. Second, If I am not mistaken, this police car was a Crown Victoria, as most police cars are. These vehicles sit fairly low to the ground, especially compared to an ambulance. Knowing how high an ambulance sits, it would be nearly impossible to see someone that high up from the driver's seat of a Crown Victoria. Not to mention, this ambulance driver seemed fairly respectful, as did the supervisor, in a more stern way (which he needed to be), so he did not seem like the type to have done that (not to say he wouldn't do it though, we dont know). So, what is my take on this? This is a fairly new trooper, of two years (which I will also point out that it is usually newer, unexperienced troopers/police officers who will have the attitude of "its my way or the highway"). Should he be fired? Probably. I would have to look at his prior record. If this is the first of an incident like this, I could see imposing the worst punishment on this guy they have with the OHP and go with that and put him on a probation period in which any incident would cause immediate termination. If had has had any other complaints against him, he should immediately be fired. I know of some people here in SC who have had to go back to the academy for stuff if they get into trouble (nothing like this). So, again, if first offense, I would say suspension and put him on a desk job for a bit. I would have to watch the tapes more closely too. I will say there is possibly probable cause for assault charges against the officer. However, depending on a jury, there is no telling what would happen. I know that officers see a lot. We deal with a lot of people, some good, some bad. But you have to be professional with all of them until provoked by like....seeing a gun or something, then all bets are off the table. And again, seeing that this was another emergency services personell, you have to be even more professional. I'll end this how I started so there is no confusion....Trooper Martin was absolutely in the wrong in this case.
Ben - Jun 30, 2009 at 6:39 pm
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Well, it's happened..!! No, we've still not heard anything on the status of Mr. Martin, but as of this date, p.m., we now know that 2 OKC police officers have been suspended due to a "drive-by" shooting incident that happened at an Oklahoma City club. So.. what's the verdict concerning Mr. Martin? This citizen has already stated, that if this moron isn't terminated, he'll end up killing someone. It doesn't take a rocket scientist to figure this stuff out. Just someone with a little "backbone" and common sense. We've still not heard the outcome of the ongoing investigation of Mr. Van Guillotte, who apparently is in charge at the present time of the OHP who is supposedly investigating the actions of Mr. Martin. Guillotte, along with Kevin Ward, Commissioner of Public Safety are being themselves investigated. My question is, who's invesitgating the investigators?? Now with the 2 OKC Police Officers on Admin. leave, makes all of us wonder who the heck actually has a handle on what's going on. No wonder we haven't seen an update on Mr. Martin, but as long as my tax dollars are paying these individuals, it's our right to know.
Chris, Oklahoma City - Jun 30, 2009 at 1:56 pm
At what point do a patient's rights take priority? Even if the corrupt DA wants to sweep this under the rug and not take a stand against the unprofessional demeanor of this officer, they cannot over look that this officer decided his feelings were much more important than a physically ill patient on her way to the hospital. The paramedic is right to resist the officer, as his authority demands that he treats his patients, the same authority that says trying to prevent them for getting their patient to the hospital is a felony. Since when are officers ABOVE the law?
kenny - Jun 16, 2009 at 2:53 pm
This is more proof how OHP ignores unprofessionalism and bulling of citizens by its officers. As a former candidate for State Representative, I was once threatened by an OHP officer while trying to expose police corruption in the small town of Cromwell. Oklahoma needs to let police officers all across the state know that just because they wear a badge they are not above the law.
Greg, Okemah - Jun 16, 2009 at 5:57 am
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Without a doubt, this man should be fired.
Drew, Ardmore - Jun 16, 2009 at 1:11 am
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What shame this officer has brought upon Oklahoma law enforcement.
Bill, Chickasha - Jun 15, 2009 at 10:48 pm
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trooper was in the wromg and should be fired never to be a officer of the law again
Pamela, Choctaw - Jun 15, 2009 at 9:46 pm
If this trooper is going to fly off the handle this way due to a hand gesture, what kind of story is there going to be the first time he gets spit on or worse? Cops put up with worse behavior than this every day and you don't see them acting like children on the side of the road. That is why I believe that the trooper was in the wrong. It is very obvious that the ambulance yielded as soon as possible. He had to swerve around a car and a piece of tire on the side of the road before he could yield safely due to the patient in the back and of course, the nature of what they do back there. This should have been a non-issue but the trooper flew off the handle for no apparent reason, and then got even more upset when the ambulance's manager stepped out to handle the problem. Completely ridiculous. Mr. Martin, you are a highway patrol trooper, start acting like it.
Kristi, Newalla - Jun 15, 2009 at 9:21 pm
What the difference between Daniel Martin and God? God doesn't think he's a trooper in the OHP...
Bryan, Oklahoma City - Jun 15, 2009 at 4:45 pm
T.A. - Retired or maybe suspended? LOL.
ken, blairsville - Jun 15, 2009 at 4:16 pm
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Perhaps a better way to put it is that the State of Oklahoma cloaked the EMTs with just as much legal authority to be doing what they were doing as the State cloaked the trooper to be doing what he was doing. Many people just don't perceive the existence of that equal legal authority because the EMTs were not wearing traditional police outfits.
Jeanette, Edmond - Jun 15, 2009 at 1:46 pm
Wrong, Travis. There were two persons engaged in legally protected activities: the trooper and EMTs (whoi were in uniform). They both had legally-protected missions, and the trooper's ended when he left the gas station. The medical mission (getting the patient to the hospital) had priority and the trooper should not have thwarted that mission. The trooper does not have the authority to delay or interefere with the EMTs' legally-protected mission simply because he has a gun and a badge.

There is an even more insidious problem in this country concerning the perception of absolute police authority, i.e., the police are the police so they have the authoprity to do whatever they want and citizens must respect them no matter what they do because they are the police. Televsions shows like Cops" and "Speeders" reinforce this misperception -- the police are always right, the suspects are always wrong (and are even made fun of), and clips that show police mistakes or abuses are never aired. so the police are always right and we must support them no matter what they do.
Jeanette, Edmond - Jun 15, 2009 at 1:34 pm
I don't know if this has been posted yet, but there is an ongoing problem with recognizing authority in this country. Granted there are some "bad cops" out there, but this Trooper Martin has been given authority by the State of Oklahoma. Even though the reason for stopping them was a "hand gesture" that is a legal freedom of speech, this paramedic White disregarded that authority and should go to jail for resisting arrest and the trooper should be back on the highways.
Travis, Edmond - Jun 15, 2009 at 1:22 pm
Hey Marcel, did you go to school in Oklahoma? It's firing, NOT fireing.
Jeanne, Edmond - Jun 15, 2009 at 12:51 pm
I hope sometime in the near future(right now wouldn"t be to soon)there will be a nice article on this web site about the FIREING of this trooper!!The OHP has got to do the right thing here and make a statement that they do not condone this kind of behavior.
marcel, Gods Country - Jun 15, 2009 at 11:56 am
Jeanne, I'm sorry. I thought when you said "the reason you don't see the ambulance driver flip the Trooper off is because it happened when he was getting out at the gas station. Duh" you meant the trooper had the authority for stooping the ambulance. I completely agree that this is not Kevin Ward's fault.
Jeanette, Edmond - Jun 15, 2009 at 10:26 am
I never said it was a crime, nor do I agree with what Trooper Martin did. My point is that people get on here making stupid statements and calling for ridiculous remedies when they don't have their facts straight.
Jeanne, Edmond - Jun 15, 2009 at 10:22 am
Jeanne, flipping off an officer is not a crime, although it is a stupid thing to do. If you are correct, then the trooper had even less authority to stop the ambulance and engage the EMTs in an argument about something that was not a crime....
Jeanette, Edmond - Jun 15, 2009 at 10:13 am
It appears each party acted like an a-hole. I'm so tired of the race card being played every time. I'll be glad when the younger generation rules the world - it seems they don't see as much color as the older one.
Chris, Jones - Jun 15, 2009 at 9:55 am
Furthermore, dummies, the reason you don't see the ambulance driver flip the Trooper off is because it happened when he was getting out at the gas station. Duh. That's why he chased the ambulance down in the first place. Is that Kevin Ward's fault? I think not.
Jeanne, Edmond - Jun 15, 2009 at 9:55 am
Interesting, Chris. Although I agree with you that Trooper Martin behaved disgracefully, and Kevin Ward does have ultimate resposibility for the operations of the Department of Public Safety, why would the Commissioner need to be investigated? Kevin Ward has more integrity in his pinky than any one of you. He is the most intelligent, diplomatic, and gracious person you could ever know. Trooper Martin's actions are not Kevin Ward's fault and I think you're an idiot.
Jeanne, Edmond - Jun 15, 2009 at 9:48 am
It's another day.. a new day.. Monday, June 15, 2009. Seemed like a long weekend perhaps for some, but now, after reading most of the comments these past couple of days concerning the activities of the disgraceful manner.. simply shameful.. what a disgrace this guy "Martin" is. I stand by my earlier comments. It's time for a review of the entire OHP Department. It would appear that someone needs to be investigating the Internal Investigation personnel, starting with the Commissioner of the Department of Public Safety, Kevin Ward. If he's found to be incompetent or inept, he should be the first to resign. Someone with integrity should be placed in charge to "protect and serve" the citizens of Oklahoma. When things like this happen, it sends a clear signal that it's time to clean house.
Chris, Oklahoma City - Jun 15, 2009 at 8:33 am
Thomas, The FBI does have jurisdiction to investigate any possible federal civil rights violations; the U.S. Attorney would decide whether to seek an indictment from a grand jury. The Oklahoma Attorney General could decide to press charges, too. White was not acting as an ordinary citizen, though. He was an EMT engaged in official duties and was arguably acting under color of law.
Jeanette, Edmond - Jun 15, 2009 at 8:04 am
Oklahoma's finest: Finest fascists. Fire him. Another one got caught.
Dennis - Jun 15, 2009 at 7:41 am
This is just another example of police brutality with the officer violating the civil rights of the driver. The DA for that county should not be the one to determine if the officer will face charges, the FBI should. If there were a couple more white OHP officers there, we would have been watching a Rodney King video as they lined up to beat him. I am sure the officer would have felt more at home with a white hood on than the brown hat he lost in the scuffle. The officer showed poor judgement and control when he decided to pull the driver over, and the state has equipped him with a fire arm. If he has emotional issues or incorrect training from his war side experience then he should not be an officer that is supposed to uphold the law and protect citizens. I don't see him ever putting his life on the line for someone other than his fellow officers. I am sure there are active and retired officers that would try to repudiate my statements, but we know it takes a crook to catch a crook, the only difference is as an officer you have not been caught yet.
Richard, Oklahoma City - Jun 15, 2009 at 7:00 am

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