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Author Topic: Policeman 'dragged' nurse out of hospital after she refused to allow blood to be  (Read 336 times)

Prickle

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Policeman 'dragged' nurse out of hospital after she refused to allow blood to be drawn from unconscious patient

A Utah nurse says she was scared to death and "trying to find anything to hold on to" when a police officer dragged her from a hospital and handcuffed her for refusing to allow blood to be drawn from an unconscious patient.

<a href="https://www.youtube.com/v/OyZnUIuCQ-s" target="_blank" class="new_win">https://www.youtube.com/v/OyZnUIuCQ-s</a>


Nurse Alex Wubbels followed hospital policy and advice from her bosses when, on July 26, she told Salt Lake City Police Detective Jeff Payne he could not get the blood sample without a warrant or consent from the patient, her lawyer Karra Porter said.

Police body-camera video shows Ms Wubbels, who works in the University of Utah Hospital's burn unit, calmly explaining that she could not take blood from a patient who had been injured in a deadly car accident, citing a recent change in law.

A 2016 US Supreme Court ruling affirmed that a blood sample cannot be taken without patient consent or a warrant.

Ms Wubbels, a former alpine skier who competed in the 1998 and 2002 Winter Olympics, told Mr Payne a patient was required to give consent for a blood sample to determine intoxication or be under arrest.

Otherwise, she said police needed a warrant — but Mr Payne insisted.
Officer 'attacked me and assaulted me and dragged me'

In an interview on Friday, Ms Wubbels said the officer had then lost his temper and "attacked me and assaulted me and dragged me out of my emergency department".

The dispute ended with Mr Payne saying, "we're done, you're under arrest", before he physically pushed Ms Wubbels outside while she screamed.
Alex Wubbels is arrested
Photo: Nurse Alex Wubbels is escorted out of the hospital by Detective Jeff Payne. (AP: Salt Lake City Police Department/Karra Porter)

She was then pushed against a wall and handcuffed.

Ms Wubbels said she was screaming and "just trying to hold on to anything that was keeping me safe because no-one else was keeping me safe".

    "This cop bullied me. He bullied me to the utmost extreme and nobody stood in his way," Ms Wubbels said.

'This has upended her worldview'

The detective left Ms Wubbels in a hot police car for 20 minutes before realising blood had already been drawn as part of the patient's treatment, her attorney said.

She was not booked or charged.

"This has upended her worldview in a way. She just couldn't believe this could happen," Ms Porter said.
YouTube: Nurse arrested after refusing to allow cop take blood from unconscious patient.

Ms Wubbels said she acted as any good nurse would, following her training and protocols to protect the rights of a patient who could not speak for himself.

    "You can't just take blood if you don't have a legitimate concern for something to be tested," she said.

"It is the most personal property I think that we can have besides our skin and bones and organs."

Salt Lake City Police Chief Mike Brown said in a statement: "This is an ever-evolving situation and we will do what is necessary to fully investigate the issue, uphold the integrity of the Salt Lake City Police Department and strengthen the trust with our community."

Mayor Jackie Biskupski added: "We cannot allow an incident like this [to] divide our community or taint the good work of SLCPD.

"When I learned of this unacceptable incident last night, I was outraged an will ensure it is fully and independently investigated so our community can heal."

Both Chief Brown and Ms Biskupski contacted Ms Wubbels to offer an apology, which she said she accepted.

Police spokeswoman Christina Judd said the Utah police department had started an internal investigation within hours of the encounter, and the assistant chief had apologised to University Hospital.

"We're alarmed by what we saw in the video and take it very, very seriously," Ms Judd said.
A screen grab shows a nurse being arrested.
Photo: Alex Wubbels said Jeff Payne lost his temper and "attacked me". (AP: Salt Lake City Police Department/Karra Porter)

The patient was a victim in a car crash and Mr Payne wanted the blood sample to show he had done nothing wrong, according to the officer's written report.

The patient, William Gray, is a reserve police officer in Rigby, Idaho, according to the city's police. They thanked Ms Wubbels for protecting his rights.

Mr Gray is a semi-trailer driver and was on the road when a ute fleeing from authorities slammed into him and his truck burst into flames, police reports say.

The police department said the frustrated Mr Payne had called his supervisor and several people went back and forth about the time-sensitive blood draw for more than an hour.

    "It's not an excuse. It definitely doesn't forgive what happened," Ms Judd said.

Mr Payne has been placed on administrative leave while the investigation into the incident takes place.

He is among a group of officers who are certified phlebotomists, called upon regularly when a blood sample is required for a police investigation.

Mr Payne could not be reached for comment, and a message for the Salt Lake Police Association union was not immediately returned.
Alex Wubbels, right, looks on during an interview while her attorney Karra Porter.
Photo: Alex Wubbels said she acted as any good nurse would, following her training and protocols. (AP: Rick Bowmer)

Hospital proud of how Wubbels handled situation

Ms Judd said the department had updated its blood-draw policy last week in response to the incident, to mirror what the hospital staff uses.

She said officers had already received additional training but were still sorting out the department's response since the law changed.

    "We want to know where something went wrong, what we didn't know, and why we didn't know it," Ms Judd said.

The agency said it had met with hospital administration to ensure the situation did not arise again, and repair their relationship.

"There's a strong bond between fire, police and nurses because they all work together to help save lives, and this caused an unfortunate rift that we are hoping to repair immediately," Ms Judd said.

The hospital said it was proud of the way Ms Wubbels handled the situation, and the nurse's union National Nurses United called the arrest an outrageous act of violence.

AP
http://www.abc.net.au/news/2017-09-02/nurse-assaulted-refuses-blood-be-drawn-from-unconscious-patient/8865988
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Detective Jeff Payne: 5 Fast Facts You Need to Know

A Salt Lake City Police detective is in hot water for arresting a nurse when she refused to draw blood from an unconscious patient.

According to University of Utah Hospital nurse Alex Wubbels, Salt Lake detective Jeff Payne used excessive force when he unlawfully arrested her for her reluctance at drawing blood from a man who was involved in a collision that killed a motorist fleeing police.

The Idaho State Journal reported that 43-year-old William Gray, a reserve police officer in Rigby, Idaho, was severely injured in the ordeal, which took place July 26 at about 2 p.m. Gray, who drives trucks in his spare time, was behind the wheel of a semi truck in northern Utah when a suspect fleeing Utah Highway Patrol officers crashed into him head-on.

The fiery crash can be seen in the dashcam video below:
<a href="https://www.youtube.com/v/H6poJL1ujhQ" target="_blank" class="new_win">https://www.youtube.com/v/H6poJL1ujhQ</a>

Gray suffered severe burns from the crash, as he was on fire when he ran out of the vehicle. The suspected driver that fled police, 26-year-old Marcos Torres, died, The Tribune reported.

Hours after the horrific crash, officers with the Salt Lake City Police Department entered the hospital and requested a blood sample from Gray, but were met with reluctance to do so.

In police bodycam video, Wubbels can be heard saying that it’s against hospital policy to draw blood from a patient without consent, a warrant or unless the patient is under arrest.

The video shows Wubbels asking Payne and other officers numerous times if Gray is under arrest. When Payne answers that Gray wasn’t in fact under arrest, Wubbels refuses to allow blood be drawn from him. Payne reiterates that he still has the authority to obtain the blood draw, but Wubbels continues her refusal, saying her job is to protect her patients.

Chaos ensues afterward, with Payne threatening to take Wubbels to jail, accusing her of interfering with a criminal investigation. After Wubbels congregated with a number of co-workers and tells Payne that her stance hasn’t changed, the detective informs her she’s now under arrest, grabs her, pulls her arms behind her back and forcibly handcuffs her.

As Payne drags Wubbels outside of the hospital and puts her into his squad car, she can be heard screaming for help, accusing Payne of arresting her for doing nothing wrong.

Here’s what you need to know about Payne and the incident:
1. Payne is Accused of Assaulting Wubbels During the Arrest

Wubbels came forward with parts of the disturbing video while standing alongside her attorney at a press conference. She’s being represented by Salt Lake City attorney Karra Porter and has accused Payne of using excessive force in an “unlawful arrest.”

“The only job I have as a nurse is to keep my patients safe,” Wubbels said. “A blood draw gets thrown around like it’s some simple thing, but blood is your blood. That’s your property.”

Payne has since been suspended from the police department’s blood-draw program, Salt Lake City Police Sergeant Brandon Shearer told The Salt Lake Tribune. The program is intended to train officers as phlebotomist so they can obtain blood samples.

A police report from the incident obtained by The Tribune insinuates that the officers believed they had “implied consent,” but as Porter noted at the press conference, “implied consent” hasn’t been in Utah law since 2007. The United States Supreme Court also ruled in 2016 that the Constitution does permit officers to obtain breath tests without a warrant in drunken-driving cases, but not blood draws.

No claim or lawsuit has been filed yet by Wubbels or Porter, she said.

Watch the video of the arrest by clicking below.

2. The Police Department Said It’s Opened an Internal Investigation & Has Placed Payne on Paid Leave

Wubbels was detained for about 20 minutes, she said, before being released. She’s not charged in the incident.

After the detainment of Wubbels and the backlash that resulted from it, Shearer said the department has opened an internal investigation into the incident. One day after the video was released, on September 1, Payne was placed on paid leave, The Associated Press reported

“This cop bullied me, he bullied me to the utmost extreme,” Wubbels said to the AP regarding Payne.

According to a written report obtained by The Tribune, Payne said he was responding from a request from the Logan Police Department — where Gray’s crash occurred — to obtain the blood sample and find out if he had illegal substances in his system when the incident occurred.

In his report, Payne wrote that Wubbels’ “policies won’t allow (him) to obtain the blood sample without a warrant.” He wrote that he was advised by his lieutenant, James Tracy, to arrest Wubbels for interfering in the investigation if she continued her refusal.

Excerpts of Payne’s bodycam were released by Salt Lake City police, and have been posted online by The Salt Lake City Tribune. In the video clips, you can hear Payne react to the incident with other officers, trying to explain how Wubbels “obstructed” the investigation.

At one point, the voice from another officer appears to be hatching a plan to go up to the burn unit and visit Gray in his hospital bed to try and get the blood sample.

“I don’t have a problem with going and drawing the blood,” Payne said. “I know anywhere I go right now in this hospital, I’m going to get a lot of resistance from anybody and everybody but you.”

Read More From Heavy

Alex Wubbels: 5 Fast Facts You Need to Know
3. ‘Use of Force’ Arrests Have Skyrocketed in Salt Lake City, Data Shows

Highcharts.com/Salt Lake City Police DepartmentA screenshot of the ‘Use of Force’ data listed on the Salt Lake City Police Department’s website.

The Salt Lake City Police Department has data on its website that tracks “use of force” arrests within a range, and it shows that complaints skyrocketed at the end of 2016.

The data, listed on the department’s website and compiled by HighCharts.com, shows a record high of complaints at the end of last year.

In May 2016, there were 86 complaints filed to the department about their use of force. That number went up to 89 complaints in June but fell to 70 in July. It reached a high in August with 94 complaints filed and decreased the rest of the year until December, when it received 123 complaints for officers’ use of force during arrests, a high in 2016.

The data are also broken down into the subject of resistance, of which 78.9 percent came from applying handcuffs. Another 6.3 percent came from “defensive resistance.”

Police investigations found that in about 75 percent of those incidents, the use of force was used “to effect arrest,” as seen in the chart below.

HData provided by the Salt Lake City Police Department on ‘Use of Force’ arrests.

The data listed on the website doesn’t yet include use of force arrests in 2017.

Read More From Heavy

Lieutenant James Tracy: 5 Fast Facts You Need to Know
4. Payne Received an Award in 2014 from the Police Department

In 2014, Police Chief Chris Burbank hosted the 34th annual Salt Lake City Police Gala, a ceremony where officers were honored for their role on the force throughout the past year.

Payne received recognition for the part he played in the department’s Property Crimes Unit.

The department merged its Larceny and Burglary department into the single Property Crimes Unit in 2012, which, according to the department’s website, allowed for officers to “more evenly distribute cases to detectives.”

According to the department, from June 2013 until January 2014, the Property Crimes unit handled over 16,000 complaints and 12,854 cases were opened as a result.

Payne and his co-workers received recognition from Burbank for the work they put forth in the unit that led to arrests.

“For outstanding dedication to a reorganization that has improved the investigative process, the Salt Lake City Police Department awards the Police Meritorious Unit Citation to Property Crimes,” Burbank read at the ceremony.

Read More From Heavy

Officer Matthew Baxter: 5 Fast Facts You Need to Know
5. Payne Attended Weber State University & Works at an Ambulance Company When off Duty

According to his LinkedIn Profile, Payne attended Weber State University in Ogden, Utah. His profile says he studied to be a paramedic and work in emergency medicine while working toward his associates degree.

Weber State’s Emergency Cary and Rescue Department offers students certifications and associate degrees in emergency medicine. In order to be considered an Emergency Medical Technician-Basic, students must take a one semester, six-credit course that includes taking the National Registry Paramedic Test.

Later in Payne’s bodycam video, he can be heard speaking to other officers about how the incident could potentially affect his off-duty job at Gold Cross Ambulance.

“I wonder how this will affect my Gold Cross job,” Payne says. “I bring patients here.”

Another officer replies, “Yeah, I don’t think they’re going to be very happy with it.”

Payne responds: “I’ll bring them all the transients and take good patients elsewhere.”


Somebody asked why Payne was so insistent on getting a blood sample from the burned driver. This is because he and another police officer conducted an improper chase of the suspect’s vehicle. They broke protocol for no reason, and their actions led to the crash. They’re trying to cover their @sses, hoping to prove the guy was on drugs or drunk. All they need is evidence they took a sample — they can then doctor the evidence. This is why cops always arrest anybody who questions them — if you’re arrested, they can paint your criticism of them as defense of your own (non-existent) crime. They’re just criminals with badges, and Trump wants to give them military hardware.

http://heavy.com/news/2017/09/jeff-payne-salt-lake-city-detective-wubbels-arrest-blood-draw/
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