Illegal Seizure: A Bad Roll of the Dice

[XLFD]

When your source of news is the City of Ludington Daily News (COLDNews), you almost have to expect there may be something they misreported, but here's one of today's articles:

Maryland man arrested for kicking officer who was helping medical s...

Posted on Jun 25, 2014  by Brian Mulherin

A 37-year-old Maryland man was arrested Tuesday evening at the Mason County Campground on a charge of assaulting/resisting/obstructing an officer for allegedly kicking an officer who was helping Life EMS.

The man reportedly kicked Mason County Sheriff's Deputy Dan Dice in the face and vest while Dice was assisting at the scene.

Law enforcement was called to the scene to help with an "intoxicated subject who had a seizure." The EMS crew was trying to take to the man to the hospital, and was resisting when Dice helped and got kicked, according to the Mason County Sheriff's Office.

                    Mason County Campground-  Your vacation destination on Chauvez Road north of the big manmade pond

This story has me asking a few questions, which it seems that COLDNews writer Brian Mulherrin seems to take at face value, or at least does not develop.

1)  If the 'Maryland Man' was resisting going to the hospital why was the ambulance staff (and presumably Deputy Dan Dice) trying to force him into going?  This is a violation of the man's right to choose his own medical treatment, and by forcing him onto a stretcher and into an ambulance is as clear a violation of that right as is tasering Joe McAdam when he is chained to a hospital bed because he refused to have his knee looked at.  The Maryland man had the right to refuse treatment, and Deputy Dice had a duty to see that his right to do so was validated.

2)  If the man was suffering a seizure and being forced onto a stretcher, how are we to know the kicks were voluntary?  Assaulting/resisting/obstructing an officer is a serious crime, a felony (MCL 750.81d) that could put the man away in prison for two years.  Like most felonies it involves elements, and it is not clear that in this case Deputy Dice was performing the duties of his office, rather than just voluntarily helping EMS trying to force medical services on the man.  Also it is not clear whether the kicks were voluntary or part of the seizure noted in the article which initiated the call. 

Many symptoms may happen during a seizure.  These include loss of awareness, confusion, loss of vision, feelings of panic, and of course random muscle twitching and actions not directly controlled by the person having a seizure.  His awareness may have been very limited, his kicking may have been very uncontrolled. 

                If these guys show up when you call 9-1-1 for a medical emergency, you may wish to ask them to leave, or risk a felony charge

Deputy Dan Dice is a newbie at the sheriff's office, he nabbed a pair of thieves  late last year after stopping a car apparently because the two men inside had a variety of power tools and hunting equipment in it.  One can argue whether there was reasonable suspicion to pull the car over in the first place, but one wonders what the benchmark for making such traffic stops are in Mason County when our sheriff, Kim Cole, has been taken to federal court for such actions when he was a road deputy sergeant.

Unless there was some obvious, willful intent by the Maryland man to kick Deputy Dice while he was in the lawful performance of his duties, the charges should be dropped.  What should be investigated is whether the man from Maryland was being forced to receive medical attention and services he never wanted in the first place.  This is a prevalent theme in this area, one that I have witnessed on two separate occasions.

[Johnny]

Once again Tommy doesn't post the entire article.... It states he WOKE UP and was TALKING, which means he was done having a seizure.  What the hell is wrong with you and your half@$$ story posting.  It also never says the man was resisting going to the hospital.  It says EMS was trying to take the man to the hospital and was resisting the Deputy.  My thought would be if he is that intoxicated EMS and Police cant just leave him in the woods.  What if they say said, screw it, we will leave him here and they take off.  An hour later, he drowns or walks into oncoming traffic.  All of a sudden here comes Tommy with a freak out about them not taking care of this individual and just leaving him.  Why haven't you attended a law school or a police academy yet Tommy?  If you think you know everything with how the laws work, you might as well attend.  I believe West Shore has a Police Academy, you should look into it.  Maybe law school as well, a few more city lawsuits you could afford to go to one.

PERE MARQUETTE TWP. — A 37-year-old Cumberland, Maryland man was arrested by Mason County Sheriff’s deputies Tuesday night for assaulting a police officer. Emergency personnel from Pere Marquette Fire Dept. and Life EMS were initially called to Mason County Campground on West Chauvez Road for an intoxicated subject having a seizure. Dispatch information indicated the man had been drinking for a considerable amount of time.

Upon arrival, Fire Chief Larry Gaylord first reported the man did not have a pulse. A few minutes later he reported that he was able to get a pulse. Law enforcement was also called due to the report of intoxication.

Sheriff Kim Cole said the man woke from his seizure and began talking with emergency personnel. “At some point during the conversation, the individual kicked Dep. Dan Dice in the face and then kicked him a second time in the chest. However, Dep. Dice’s Kevlar vest prevented serious damage.”

Cole said paramedics assisted to handcuff the man who was then transported to Spectrum Health Ludington Hospital. Upon release of the hospital he was lodged in the Mason County Jail. Cole said he was informed the man is a contractor working at the Consumers Energy hydroelectric plant

[Willy]

Johnny

The article on the LDN's web page does not have the Sheriff's comments that you posted. X was taking the information, as was I, off LDN's web site so if the reporter posted incomplete information that's not the readers fault. What the Sheriff stated was pertinent to the story but was left out so readers must draw conclusions from a partial job of reporting. If the man's heart stopped then my guess is that when he was revived he was probably quite confused and incoherent. The article does not state if the officer was injured or needed medical care for any injury from being kicked. It's hard to debate an article printed by LDN when most of the time the information given is incorrect or incomplete.

[XLFD]

Johnny attributes some of his own faults to me?  How surprising!

Johnny, "What the hell is wrong with you and your half@$$ story posting", LOL. 

[XLFD]

Hey dipstick, you are posting an article from the Mason County Press, which wasn't available at the time I posted this story.  Thanks for not citing any sources in your comment, maybe Deputy Dice can cuff you for copyright infringement.

I posted the article in its entirety at the time.  If you will check the link in the thread head to the City of Ludington Daily News it now adds the sheriff's activity report but not what you have offered, which doesn't change the basics. 

Besides how do you 'wake from a seizure'?   There is still no indication of any intent, the kicks could have easily been uncoordinated effects of the seizure and there is no indication why Deputy Dice's face and chest was within kicking range of the incapacitated patient. 

One could presume he was doing a lift assist, and if so, it wouldn't be odd for a person who just seized and is drunk to randomly kick out.  It is odd for an emergency worker to press felony charges and throw someone in jail for it, however, absent any obvious ill intent.

Perhaps if Deputy Dice had one of those microphones or cameras on his person we could get to the truth about what happened rather than from faulty secondhand and thirdhand sources. 

[XLFD]

I also must take issue with the MCP's headline:  "Drunk camper assaults deputy trying to help him"

The headline makes three presumptions:

1) The camper was drunk, that is not clearly established after the initial call in; people who have seizures may appear to be drunk but aren't.

2) That there was an assault; assault is an intent crime, which hasn't been established

3) That the deputy was trying to help him.  If the man didn't want to be transported or otherwise touched, he was not being helped. 

The Mason County article also makes one ask the question as to why police are dispatched for any report of intoxication, even at a medical emergency where no illegal activity (i.e. drunk driving, underage drinking) is involved or suspected. 

[AQUAMAN]

It appears again and again that LE in Mason County is over the top. Since when can't EMS personnel handle the lifting and transport of a medical subject? Dice poked his nose in intentionally to make a case where no one existed imho. Common procedure for MC since they are so bored with daily routines. Dice needs to be in a city where the action is hot and heavy, then he can abuse his power all he wants. Since the seizure in itself is "uncontrolled reactions and behavior", I think this case is weak and silly to say the least. But, in MC, that isn't good enough. This will cost this man a fortune to defend and win, which he probably doesn't have, and will just plea bargain it out in the end. Sad way to make money for the county. And another story to filter down-state to warn others not to come to this area. 

[MIke]

This dan dice is a real dick... seems I have to rethink things. I did write Mr Cole about Mr Dice and my verbal confrontation with him after I said he was going to fast for in town...that was all I did was say I thought he was going to fast and get a I could be thinking that from the back of his car if I don't keep to myself...

[XLFD]

Two tiered justice, one for us and one for them, is alive and well in Mason County.  Dan Dice's sense of entitlement comes through load and clear in this story.  I bet if you would interview any Emergency Medical Technician (EMT) or paramedic or even any first responder who have had a few years in the field in Mason County or anywhere else, that you would find that most would have been punched, kicked, head butted, etc. by a thrashing patient, an intoxicated patient, or an unresponsive patient who regains consciousness at least once. 

Dainty Deputy Dan Dice becomes upset when he can't dodge a drunk's kick and because of all the witnesses, he is unable to beat the crap out of the patient, so instead uses the power of his office to do it.