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Should i fight this?

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MercBeast

Junior Member
What is the name of your state? Ok

Here is my statment , I wasnt asked for 1 nor asked was i asked what happened.

on 7-29-05 in the state of Oklahoma , county of beckham at or around mile marker 13 on Interstate 40 west bound, at approx 1220 in the afternoon, I did witness a passenger vehicle being dark in color speed past me , My speed was 70 mph , I called Beckham County SO via cell phone to see if they wanted me to stop and detain the vehicle til a county deputy could arrive . Dispatcher told me "ok" then said beckham 1 was 10-46 , and that BK6 would come , I initiated lights and sirens and began to pace the car from a distance , my speed was at approx 95-100 mph when I noticed that I was closing distance on the vehicle but at a slow rate , at approx 40 seconds into the pursuit I realized the vehicle had sped up so I sped up to 110 mph, I did not exceed 110 mph , the vehicle however was gaining distance away from me , I called BKSO via radio and told them that I had reached a speed of 110 mph and that the vehicle was gaining distance from me , at approx 1 min to a min and 1/2 into me following, the vehicle turned into the right lane and beyond, from the left lane, my view was blocked by a semi and a vehicle in front of it but I went to right of the rear of the semi and saw that the vehicle was already on the exit road of the rest area.then the vehicle appeared to have stopped in the first parking space closest to the main building of the rest stop, a person exited the vehicle and began walking away. By the time I was shifting from drive to park, I realized the person was a female and was approx left of the driver front of my patrol car. I iniated the vehicles emergency horn approx 4 times , but female never turned to face my vehicle she kept walking away towards the main building . I stepped out of my vehicle and began shouting to the female , "ma'am , ma'am , stop.. come here" im unsure at how many times i asked her to stop, I began jogging upto her when I noticed her move her right hand out of my view and began figiting with something in front of her . I was calm all the way to this point , but at about this point my heart started racing and my first thought was not today. I slowed to a swift step and pulled my sidearm from its holster and held it to my side, barrel down, and began to reach out to tap her on left shoulder when I saw her right shoulder move and she began to turn around to her right . At no point did I point my sidearm at her or anywhere in her general direction, as soon as I saw that it was sunglasses and misc items i holstered my sidearm and escorted her back to my patrol unit , I called for 10-77, and then asked the female to place her hands on her vehicle , I then placed 1 cuff on her left wrist then asked for her right hand when she began to turn towards me , I told her "dont do that " and placed a hand on her elbow to prevent her from turning all the way around , she then gave me her right wrist and I finished applying restraints her. I pulled my mic from the vehicle while still maintaining my left hand on her right arm and called BKSO and said 10-15. I then stepped away from my veh, I told her that she wasnt under arrest and that I was detaining her for a deputy to arrive to assist me, the restraints are for my protection. I then heard BK1 say something on the radio in teh car but couldnt make it out. I opened the passenger side rear door and allowed her to sit so she didnt have to sit on the hot sidewalk. I called BKSO via cell cause I started getting static sounds from the radio and walkie.I asked Dispatcher what BK1 wanted , she stated he wanted to know what i was 10-15 for , I told her at the time , for speeding but didnt go into detail, she said "ok" then i hung up. I asked the lady why she was going in excess of 110 mph and why she didnt stop for me , she said " I just had to go pee really bad" I asked why she didnt stop when I used my emergency horn or even when I got out and was shouting for her to stop , she said " I really had to go pee and didnt know it was for me". as soon as the deputy BK6 arrived he asked me to remove the restraints, so I did. She stated again "I have to go pee" and the deputy told her she was free to go , and that she wasnt under arrest .Erick 1 showed up about 2 mins before the deputy and didnt assist me, he came over to my vehicle then I heard "bk1 to erick1" on the radio asking him to public service him. after a min or so erick 1 walked over, (which was about the time the deputy got out of his car and came over to me) and said to return to station and wait for him , when he arrived he said "im sorry but i have to relive u" said I was wrong for drawing my weapon from its holster and that I shouldnt have placed her in restraints" no further explanation was provided to me nor was I questioned as to what happened , erick 1 stated that " the female was returning to Ca and was going to speak to an attorney and that that attorney would contact the city , and if I was still employed she would go ahead with a lawsuit against the city" also stated that bk1 said " I recommend u relieve him(me)". I surrendered my sidearm and badge , and asked if I could finish the case I was working on , by filing it away and logging it in 05 case log on the computer. I removed my password for my login, and told him "im sorry if this was supposed to make u look bad , but if I had to do it all over again I believe I wouldve dont the exact thing again and im not sure as to what it was I did wrong". he stated " I believe u were acting in good faith , if she had to go pee that bad to make her drive at 110 plus then she would've pee'd on herself when you placed the restraints on her" . he then gave me a ride to my vehicle after I exited his vehicle he shook my hand and said " if u apply for another position anywhere " at sometime down the road in time " you can put me down as reference " then said " I wont try to black ball you" I looked at him confused, then he said " I wont give u a bad reference ".

Notes:
I was a PT Police Officer working full time hours, The city of Erick where I was working often do things for the Sheriffs Office in our county. We respond close to the city of Erick when county wants us to due to Deputy's being busy or anyother reason the deem.
The City of Erick is approx 7-10 miles from Tx state line not sure never really checked. Statutes state any Law Enforcement agency may assist another when ask , and that the assisting entity would have all abilities as if they were in thier own boundaries or something like that not trying to quote it just cant remember what it says now.

Questions:
I was told that I was wrong for drawing my firearm and that I shouldve never have cuffed the driver. I wasnt told anything else. If in fact the dispatcher was supposed to say no to my question , why did he/she?

Is this wrongful termination?

I was told that BKSO record all incomin calls , should i get an attorney to get a copy of it so he can listen to it?

I thought maybe the S.O. was under the belief that the dispatcher never asked me to stop the vehicle, but if so thats not what i got from the conversation with the dispatcher on the phone. This is the only thing i could see me being wrong , (misunderstanding the dispatcher)but why wouldnt they have told me to break the pursuit or to just let the veh go at all? I am affraid that if there is a tape , and im right ... that i would have a hard time being at my job considering we work with the S.O. all the time. The city doesnt have its own jail , we jail suspects at BKSO.
If the city was covering thier butts by releasing me and thats the only reason, then why did the deputy that arrived on scene tell me to let the driver go?
I dont understand whats goin on!
I told my chief that I didnt understand what I was being relieved for , all he said was " you were wrong for drawing your firearm it wasnt a felony stop and for placing cuffs on her(the driver)".
- If there is a tape , is there anything i can do if they say , for some reason it didnt record the call ?
to me I would think that there wasnt and that im pretty much out of my job . I have 4 children , I love law enforcement, ive been in corrections , security , armed security , and now as a police office. This was my first Police Officer position , And even the chief needed to be CLEET certified. We were learning as we go , but ive been around law since i was 22 . I know more then I let on about certain things but I usualy try to make an informed decision , by researching the problem that I encounter. Im not a bad person, But I know I just as we all have our own personality querks, But Im always polite to everyone no matter what , even in this case ! I never once was rude to her .

please post ur thoughts on this , as to what i should do , im not a rich person , nor have i ever been well off , I dont even know if legal aid could help me with something like this , but i need my job, i loved my job . Although was only there for 3 weeks prior to this happening. But I dont see how that matters or nor should it.
 


MercBeast

Junior Member
Ok staute 21-540A-B

§21-540A. Eluding peace officer.
A. Any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing the same to be an official police, sheriff, highway patrol or state game ranger vehicle directing the operator to bring the vehicle to a stop and who willfully increases the speed or extinguishes the lights of the vehicle in an attempt to elude such peace officer, or willfully attempts in any other manner to elude the peace officer, or who does elude such peace officer, is guilty of a misdemeanor. The peace officer, while attempting to stop a violator of this section, may communicate a request for the assistance of other peace officers from any office, department or agency. Any peace officer within this state having knowledge of such request is authorized to render such assistance in stopping the violator and may effect an arrest under this section upon probable cause. Violation of this subsection shall constitute a misdemeanor and shall be punishable by not more than one (1) year imprisonment in the county jail or by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) or by both such fine and imprisonment. A second or subsequent violation of this subsection shall be punishable by not more than one (1) year in the county jail or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment.
B. Any person who violates the provisions of subsection A of this section in such manner as to endanger any other person shall be deemed guilty of a felony punishable by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

This is the statute that i found while trying to research what I might have been fired for. But In my case I was going to use this as a reason for arrest , cause when she went from teh left lane to the far right she cut off a car that was in front of a semi, I was to the left rear of the semi. By me believing that her driving was reckless endangerment/reckless driving wouldnt that make this a felony stop?
 
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MercBeast

Junior Member
Not in a union

nope, there are 2 full time positions in the city of Erick , i live about 40 mins away in Elk City, and as far as i can tell there is about 4 PT positions . The chief was just hired on at the begining of this last week, ive only been there approx 3 weeks when this happened. I went to speak to the D.A.this morning but was told that he couldnt talk to me , gave me the impretion that he was working a case against me . Not sure as what to do next , I dont have alot of money , border line homeless if I cant find another job. Im confused as to why I was relieved and even more so , on why I got teh feeling that I got when I was at the D.A.'s office. I feel like im about to get royaly screwed! Any advice as to what i should do or how I should go about doing it?
 

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