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8/26/08
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12 comments
Feds start probe into park ranger brutality claim
ACADIA NATIONAL PARK — The National Park Service has begun its investigation into allegations that a ranger used excessive force last week when dealing with a large party of hikers atop Day Mountain, according to an official with the agency. Jill Hawk, chief ranger for the service’s Northeast region, said Monday she didn’t know how long it would take to investigate allegations that the unnamed ranger assaulted one of the hikers while he was handcuffed, knocking him unconscious and fracturing four bones in his face. Hawk said there are on average between five and 10 special investigations of alleged ranger misconduct a year in the National Park Service’s Northeast region, which comprises Pennsylvania, New York, Virginia, West Virginia and the six New England states, including Maine. Such investigations can be about anything from alleged fraud or credit card misuse to allegations of excessive force, she said. Hawk said in her three years as the chief ranger in the NPS’ Northeast region, there have been only two other claims in the region of rangers using excessive force. NPS determined that both of those claims were unfounded, she said. “It’s not a common occurrence,” Hawk said of such claims. The allegations in Acadia stem from an incident that occurred on the park’s Day Mountain in the wee hours of Aug. 18. A group of about 40 hikers, many of whom work in Acadia at the seasonal Jordan Pond House restaurant, took a moonlight hike up the mountain around midnight. The hike is an annual tradition for Jordan Pond House employees, people who went on the hike have said. According to park officials, they received a complaint about the hikers and went to the area to investigate around 1:30 a.m. They found the group at the top of the mountain, detained them and checked their identification, and cited half a dozen or so on charges of possession of alcohol by a minor and possession of marijuana. Tim Wild, a 31-year-old waiter at the Jordan Pond House, says one of the rangers assaulted him on Day Mountain after he had been handcuffed. He said he complained when one of the rangers forced a woman in the hiking party to the ground and that the same ranger then threw him to the ground, knocking him out. He said he was later treated at Mount Desert Island Hospital in Bar Harbor for the facial fractures. Wild acknowledged that he had used profanity when he verbally objected to the rangers’ actions and that others in the party also had complained about being detained. He said he had consumed a beer earlier in the evening and that others had beer with them on the hike. The primary purpose of the event was to hike and socialize with co-workers, not to party or otherwise consume alcohol, he said. When interviewed about the incident, Wild had a radiology report from Mount Desert Island Hospital in Bar Harbor that appeared to back up his claims about having fractured facial bones. According to information posted on Acadia National Park’s official Web site, alcohol consumption or possession of open containers is allowed in the park in most areas. It is not allowed at public buildings or facilities with the exception of the Jordan Pond House restaurant and its nearby staff housing, the “Laws & Policies” section of the Web site indicates. It is not permitted in parking lots, vehicle pullouts, or at Sand Beach, Echo Lake, Lake Wood, or specific locations along the southeast shore of Long Pond. Drinking is not banned on Day Mountain, but being under the influence of alcohol or controlled substances while in the park is illegal, as is possession of alcohol by anyone under 21 years of age, according to the Web site. Wild has said he is not sure of the name of the ranger that he claims assaulted him. Acadia officials have said that all of the rangers who handled the Day Mountain incident remain on active duty pending the outcome of the investigation. Citing the NPS investigation, officials at Acadia have declined to comment on Wild’s allegations. Len Bobinchock, deputy superintendent at Acadia, on Monday directed all questions related to the investigation to Hawk. Hawk declined Monday to identify the investigator who has been assigned the task of looking into the excessive force claims in Acadia. “We don’t release the names of our investigators,” she said. According to Hawk, Acadia has nine year-round, certified law enforcement rangers and 14 more who work during the busy summer season. Permanent, year-round rangers receive 18 weeks of program training at a Department of Homeland Security federal law enforcement training facility in Glencoe, Ga., and an additional 12 weeks of training in the field. After rangers get their field training at an NPS site, they are assigned to work at a different NPS facility from where they trained, Hawk said. Seasonal rangers undergo approximately 335 hours, or eight weeks, of training at one of nine law enforcement academies in the country before they begin work for NPS, according to Hawk. All rangers, whether year-round or seasonal, are trained in jurisdictional issues, the federal criminal code, firearm use, defensive and physical control tactics, criminal investigations and building search and seizure procedures, among other subjects, before being assigned to work at an NPS facility, Hawk said. Jon Holder, a Bar Harbor attorney who is representing Wild in the case, said Monday that his primary focus now is addressing the criminal charges that have been filed against his client, which include disorderly conduct and interfering with agency functions. Katherine Junkert, another Jordan Pond House employee who was on the outing, also is facing charges other than possession of alcohol or drugs. She has been charged with disorderly conduct, failure to obey a lawful order, and being under the influence of alcohol in the park, Acadia officials have said. Holder said Wild so far has been unable to return to work since the incident because of his injuries and that he has consulted with a physician in Bangor about further medical treatment. What kind of action Wild might take in pressing his allegations of excessive force likely will depend on the outcome of the NPS investigation, according to Holder. He said NPS officials have started interviewing witnesses but that it likely will be some time before the whole incident is resolved. “It’s not quick,” Holder said of the option of pursuing litigation.
Comments
For what it's worth, I don't really believe that the ranger used excessive force. Forty people upon on the mountain with beer and marijuana aren't up there "just for a hike." They are up there partying -- and the rangers didn't simply stumble across it. They had already received compliants, which is a clear indication that it wasn't the peaceful, quiet hike the "victims" claimed it to be. The guy already admitted that he'd been drinking (the proverbial "one beer") and that he was swearing at the rangers. Not in a million years would I ever believe that he was swearing in a gentle manner. He was in the ranger's face yelling and the ranger did his job -- took him down. And that other kid didn't just want to go to the bathroom -- she wanted to escape or at least get rid of the evidence she had on her. Didn't work. I'm sorry the "gentleman" got hurt, but maybe the next time he's drunk and being arrested he'll think twice about mouthing off. Grow up and accept responsibility for your own actions rather than trying to blame someone else for your problems, and maybe seek some help for the drinking/drug problem and the mouth. According to information posted on Acadia National Park’s official Web site, alcohol consumption or possession of open containers is allowed in the park in most areas.
This came right from the park website so to all of you who say it is ilegal to consume alcohol in the park? (NOT). Were there tests done to see how intoxicated they were? (NO) . Were tests done to see if they were under the influence of pot (NO). Did they have alcohol in there posession (yes) Is it ilegal (NO). Is it legal for the rangers to get brutally physical with people for being verbal? (NO)
both the local weekly papers wrote that the "Rangers were tipped off to the gathering when they spotted numerous cars parked in a private gravel pit not far from the Jordan Pond House at about 1:20 a.m. When they asked a woman walking alone on a nearby carriage road what she was doing there, she reportedly told them about a party on top of Day Mountain." that is contrasted with the claim "According to park officials, they received a complaint about the hikers and went to the area to investigate around 1:30 a.m." made in this article.
That distinction becomes crucial when you consider a citizens 4th amendment rights "And Fourth Amendment reasonableness is that point at which the government’s interest advanced by a particular search or seizure outweighs the loss of individual privacy or freedom of movement that attends the government’s action, Illinois v. Lidster, 540 U.S. 419, 427 (2004)(“in judging reasonableness, we look to the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty”)."**
Those park officials might want to make sure they actually have a witness that can testify to making a complaint. My guess is that there is no such person.
**CRS memo 1/30/06 Too bad that some law enforcement need to be excessive. This type of behavior make it very easy to stereotype all these professionals into one category. Truth of the matter is, if these allegations are found to be true, then the academy has some Quality control issues and needs more extensive training. 1/2 a year is not enough. Training should also include ensureing that all individuals including Law Enforcement are NOT above the law. NPS determined that both of those claims were unfounded, she said.
Doesn't surprise me. It seems like law enforcement are above the law, especially in this state. Anyone that says breaking someones facial bones is not excessive force needs their head examined. The man was swearing because the officer was already at a woman. So what if they did go up there and have a few beer, the park allows alcohol, then the law enforcement go ahead and make their law. Everyone should accept responsibility for their actions even the officer that used brutality. Of course typically they will find that brutality was unfounded. If they had been smart they wouldnt have taken marijuanna up there with them, that is their own fault, but no matter how you look at it breaking someones facial bones is brutality. If law enforcement cannot control themselves and have to use brutal force they should not be in that field. I posted a comment back when the "old" software for BDN was active. Now that the "new" and updated software is operating, I will make my update. I agree with the Penobscot Nation Chief's comments on this issue. Now that we have a few more details, my ascertation on drinking in any area of the National Park was wrong. However, marijuana by any other name, is still an illegal drug substance and is prohibited no matter where you go, notwithstanding it's use in a US National Park! Being intoxicated, from any form of beer, wine or liquor still can bring on intoxication...and folks, one beer does not constitute intoxication. Wild must have had more to drink than the one beer he said he had "earlier" in light of his stupidity and obvious verbosity to the Ranger. Until the investigation is completed, and depositions and interviews made with all the respondents, then can some form of closing be made. Possibly. Not all-inclusive, however. Apparently, the workforce at the Jordan Pond House Restaurant were, actually "partying", and it now is up to the attorneys for both sides to prove that fact. It means absolutely nothing to the court if this gathering was a "tradition" or not...the facts stick with the issue of THIS gathering only. "anonon" of 8/26/08 stated several possibilities that are disturbing. If the Ranger's did not, nor could not find any method to solidify and substantiate their arguments that drugs were being, in fact "used", and that alcohol and intoxication, was, in fact, in-condition of any person being arrested, the Rangers dropped the ball big-time, and threw out their arrest charges and could compromise their case. Where in heck was the licensed BAT and Drug-testing technician? Who had the breathilizer equipment...where was it located? That's the very first thing you do in a case of any acccident (on-the-job, too) or whatever type of accident, infraction or suspicion sometimes, is to give a drug and alcohol test to the individual (s) involved. Insurance companies require it...so does law enforcement, the courts, attorneys, etc. Let's wait and see what the outcome will be. At this time, I'am not going to look. My hands are over my eyes. If broken bones in the face does not constitute excessive force, I don't know what does. When holding someone down, or against a vehicle to cuff them, that amount of force should not break bones in someone's face. He used excessive force. They were not a group of criminals up there - they were a group of people who worked there and were gathering together as friends for an enjoyable evening on a beautiful mountain before the season ended. So what if they had a beer? They were not driving. And the marijuana? Well, it's a plant - a medicinal plant that has been used for thousands of years with great benefits for a wide variety of illnesses - it is not a "hard drug" and it is not changed in any way like heroin or manufactured like other dangerous hard drugs are. I'd rather see someone smoke a joint than drink a beer, actually. It relaxes a person, makes them laugh alot and gives them the munchies. If we had more of that, perhaps the domestic violence sky high rate in our state would go wayyyyyyyy down. eh?
Cops are not perfect by any means. I was one myself and I saw a lot of wrong doing by my co-workers and if I had opened my mouth, I'd be in real trouble, so I quit. It's an unwritten law - cops do not turn on other cops, no matter what they are doing. I couldn't work under those circumstances at all. It says - protect and serve - not beat and maime. I am glad to see they are doing an investigation, but I also think the officer involved should be on desk duty untiil it's resolved. There are many "angry" cops. Unfortunately, this occupation often attracts control freaks with a need for a power who give all the good cops a bad name. The should spend more time down in Fryburg on the Saco River, where we have drunken party goers from out-of-state, who are destroying our beautiful river, who have fights, tie their canoes across the river, blocking passage to others. There have been rapes, and other incidents. In fact, residents had to pay extra for more law enforcement to patrol this part of the river because of these outsiders. The river fought back this year however, with his high level and swift currents. They made a mountain of a moehill if you ask me. It could have been handled in a better way I think. Warnings could have been issued instead of acting as if this was a wild out of control, drunken drugged out group of people. This was not the case as many other witnesses report. Just because someone is young, doesn't mean they are automatically a liar. No wonder so many people fear the cops. I know they have a very difficult job, but in this incident - I think they were wrong and I think it will be proved that excessive force was used. Lets see-A large crowd in the middle of the night partying on a mountaintop in the park and the rangers show up. If you do not do exactly as told by the rangers you have nobody to blame but yourself. For all these guys know there is a wack job waiting in the dark with a shiv! pnchief, you are wrong in your comments!!! I ama past Law Enforcement officer as well and know for a fact that you cannot walk around puffy chested and breaking faces!!! You have a legal responsability to be the better person, you are obligated to protect those around you even those who spit on you or call you bad foul names!!! You do not have the right to another person without probable cause and cannot search a person without proof beyond reasonable doubt. Park Rangers are not allowed to stereotype all people as "Drunks, druggies, etc..." When you are law enforcement you represent the LAW, you do not make it or break it, you do not yell back to people you yell at you, even in retaliation, You are suppose to have exceptional self control and self reflection skills, You are to be in control of yourself physically and mentally and do not have the rights to speak to others as you are spoken to. The golden rule does not apply for law enforcement personel. You are a mentor, a coach, a supervisor, role model, and direct reflection of our contries values and beliefs. YOU DO NOT HAVE THE RIGHT TO BUST PEOPLE'S FACES, NO MATTER WHAT!!! People are difficult to deal with, I understand that, however our training is the direct oposite of what happened in this case!!! These rangers should have failed their oral board exams with flying colors. Why is it when a everyday person commits a crime it doesn't take 2 weeks for an investigation,but when sombody in law enforcement causes fractures to a mans face throwing him to the ground hand cuffed and a woman is pushed to the ground it takes 2 weeks for an investigation which you will see that we will never hear the outcome? As the commentor said that used to be in law enforcement Nobody and I mean Nobody that is in law enforcement is supposed to cause bodily harm to a person for being mouthy no matter if they use profanity or not. As he said even if they spit in your face you are supposed to control your anger and disposition thats what they are trained to do and I would say that this guy definatly went beyond what I would call being in control in the matter that he was trained. Most people in law enforcement do just what the commetor said,,, they walk around puff chested with a chip on their shoulder and think that they can intimidate and cause harm to others. I can see that if the guy started throwing punches ,then yes he deserves to be taken down, but not for useing profanity or being mouthy especially hand cuffed. Dudley Do Right turned into Dudley Do Wrong and he should pay the consequences. Police brutality at it's best. In the beginning when investigators were called in from Washington, it was stated in the bangor daily news that it would take a couple weeks to investigate, now in the MDISLANDER it states that it will take several weeks, lets see how long it does take and lets see if we ever hear the outcome? I suspect that we will never hear the outcome because they will keep prolonging it untill it just disappears from the media. |
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