have - Utah Peace Officer Association
Transcription
have - Utah Peace Officer Association
All Points Bulletin • Official Publication of the Utah Peace Officers Association • May, 2015 Third Annual Utah’s Fallen Officers Trail Ride near Moab held April 18, 2015 2015 Ride for Fallen Officers For all the pictures, please like Utah Peace Officers Association on Facebook and check out the “2015 Ride for Fallen Officers” Index President’s Message ------------------------- 2 UPOA Auxiliary ----------------------------- 4 Purple Heart Commendations ------------- 5 The Fallen Peace Officer Trail Ride------- 7 Memorial Service ---------------------------13 San Diego PD visits Memorial----------- 17 Salt Lake City Explorers Pinned ---------19 POST Graduations ------------------------- 20 New Chapter of COPS -------------------- 22 Roosevelt Search --------------------------- 26 I Remember --------------------------------- 27 Force Science Training -------------------- 30 Honoring a True Hero --------------------- 31 UDC Graduations -------------------------- 33 University Partnerships ------------------- 38 Case Law Update -------------------------- 40 ULEM Honor Wall -------------------------46 LODDs in US 2000- 2014 ---------------- 50 12 Annual Kolob Mtn K-9 Training ---- 51 Delta Pistol Competition ------------------ 54 Midwinter Convention and Awards ----- 58 Memorial List of deceased Officers ----- 61 Lovely Thought for Mom ----------------- 64 Supportive Advertisers -------------------- 66 Body Cameras ----------------------------- 67 CAL CAS Tips ----------------------------- 72 ULEM License Plate ---------------------- 73 Box Elder Co Sheriff Ed Yeates ---------- 74 CAL CAS Tips ----------------------------- 76 California Casualty Ad -------------------- 77 Summer Convention Schedule ----------- 78 SUBMISSION DEADLINES FOR THE UTAH PEACE OFFICER Issue 1 Due October 25 - mailed December 15 Ads that include the below logo of the ATV indicate that they were and are sponsors of the Trail Rides. We thank them for their support, and we thank the Trail Ride Committee who put together another fun and successful ride Submission Deadlines for the online APB: due March 15 - on line April 15 due July 15 - on line August 15 - 1- Utah Peace Officers Association President’s Message We Can Do More For Each Other Than Anyone Else Will Do For Us Helping people is the most gratifying part of law enforcement; we help people through the worst times of their lives. In much the same way, helping other law enforcement officers is the most gratifying aspect of being part of the UPOA. Often when recruiting new officers to join the UPOA, they ask me two questions. What is in it for me? And, do you have a legal plan? Let me answer those two questions. First of all, yes we do have a legal plan. We have just put together the most comprehensive legal plan available. The UPOA legal plan is the only plan for LEO’s that offers: legal coverage for retired officers, no-contest adoptions, no-contest divorces, real estate contract review and estate planning (wills). Our plan attorney is Blake Hamilton, a very wellknown and respected attorney with the law firm of Durham, Jones & Pinegar. He has over 90 attorneys behind him and very valuable experience. The plan is just $20 per month. For information on how to enroll, visit www.djplaw.com/ Dan Roberts UPOA. West Jordan Police Department Secondly, besides having representatives on various UPOA President 2014/2015 committees and the POST disciplinary council, we have the following annual functions: · Our annual conference held each mid-winter in St. George, with our awards banquet. · Fallen Officer Trail Ride, held each April in Moab, Utah where we honor 14 of our officers who have died in the line of duty. We also give our Purple Heart Commendations to those officers who have fallen and gotten back up. · We helped start and cooperate with the Utah Law Enforcement Memorial and it’s foundation for the annual ceremony each May, at the state capitiol. · Our annual summer conventions are held in June at varying locations each year. · Our “Governor’s 20” shooting competition holds the NRA’s PPC course of fire at different locations throughout the year. It culminates at summer convention where this year we are giving away a pistol to the best new shooter (must attend the summer convention). · Multi-gun and hand-gun competitions. · Other trainings at special request throughout the year. Not too long ago I saw a photo online that struck me. There was an angry man who appeared to be yelling in a megaphone, part of a demonstration against police. The angry man’s megaphone appeared to be about 6 inches away from the face of a stoic police officer dressed in riot gear. It struck me that the public, prosecutors and the courts would never tolerate that kind of affront, yet we are expected to do just that. And it may be that because we let those kinds of insults and abuse roll off of our backs, so to speak, we also let many other threats to our jobs and benefits go unchallenged as well. I am talking about our retirement benefits, salary discrepancies and so much more. No one knows better than us the many challenges of being a police officer. Consequently we are in the -2- best position to help, to train and to advise each other. There is an explanation printed in each POST graduation program that explains how and why the Utah Peace Officers Association started POST. It seems to take for granted that the UPOA always has been there and always will be there for us. However, there is a real need for us to step up and help each other by actively participating in the UPOA. Just as it seems to be in society that fewer and fewer people are willing to put on the police uniform and badge, fewer and fewer officers seem to be willing to take an active part in the UPOA. The UPOA board works very hard to anticipate the needs of Utah law enforcement, but we need more help. We need help at our conferences, the various events, to serve in board positions and in recruiting. Come help us, as we help each other. Utah Peace Officers Association Legal Defense Plan Sponsored By: To enroll, visit www.djplaw.com/UPOA - 3- 1 Utah Peace Officers Association Auxiliary President’s Message by Mindi Crowley • 2014 - 2016 Being a member of the UPOA Auxiliary, opens many opportunities for helping others and being a part of a great association that is eager to help in the community and support officers’ spouses with their families in need. Since being in the president role for the Auxiliary, we have donated funds to one of UPOA’s long time members Audry Honaker. She and her family lost their home to a fire this last November and has been fighting with the insurance company to help get things back to their normal living conditions. The proceeds from the midwinter banquet dinner held this last February 2015 were used for the donation to Audry and her family. Auxiliary members all donated baby items, which included blankets, various sizes of disposable diapers, along with other toddler items. These were donated to Utah’s Duchesne County Children’s Justice Center, where they were in need and were very appreciative to receive these for their center. At the midwinter convention, the Attending the Fallen Officer’s Memorial ride which took place in Moab Utah this year was surreal, with the amazing presentation for each of the fallen officers. Gayle Roberts (Immediate Past President) and I set up a booth for a donations and fundraiser items. We displayed handmade necklaces which were made by Janet Lee. also an auxiliary member. Gale Roberts made “thin blue line” bracelets that were displayed and sold as well. We were able to raise $160.00 at this event for the auxiliary alone. I am working with some of the past presi- dents and current members on ideas for new projects and events where we can help and also get the word out about what the Auxiliary is and what we do. We are al- ways open to recruiting more members and welcome those who want to know more about what we do and how we strive to help those in need. Please like Utah Peace Officers Association Auxiliary on Facebook Gayle Roberts and Mindi Crowley at the 2015 Fallen Officers Trail Ride -4- 2015 UPOA Purple Heart Commendations Fallen Officers Trail Ride, April 18, 2015 Deputy Greg Sherwood (with Brody Young, who like these five officers, survived his life-changing attack) On January 30, 2014, the Utah County Sheriff’s Office suffered the loss of Sergeant Cory Wride as he was ambushed and murdered by a suspect in a vehicle he stopped to offer assistance. As other law enforcement from around the County worked in locating the suspect vehicle, Deputy Greg Sherwood spotted the vehicle and began to pursue it knowing the suspect(s) were armed and had killed Sergeant Wride. Deputy Sherwood provided the suspect vehicle description over the radio and pursued it west on Main St. in Santaquin. The driver of the suspect vehicle abruptly started to stop as Deputy Sherwood approached; the suspect opened the back window of the suspect vehicle and fired two rounds at Deputy Sherwood. Deputy Sherwood was shot in the head suffering substantial bodily injury. The suspect fled after the shooting of Deputy Sherwood and traveled South on Interstate-15. Multiple Officers from around Utah County and Juab County chased the suspect. The suspect vehicle was spiked and stopped in Juab County, two suspects fled the suspect vehicle. A male suspect ran from the vehicle and fired at Officers, the suspect was shot and later died from his injuries. The female suspect was taken into custody. Deputy Sherwood was transported to Utah Valley Regional Medical Center where he stayed for several weeks in the Intensive Care and Rehabilitation areas. He suffered an injury to his brain from a bullet which was surgically removed. Deputy Sherwood exhibited exceptional service and courage while attempting to apprehend a murder suspect that was posing a major threat to the Community and other Law Enforcement Officers. Officer Dan Tueller (with Brody Young): Officer Dan Tueller and Officer Tafisi responded to investigate a suspicious vehicle at 300 S. West Temple on March 28, 2014. While interviewing the two occupants of the vehicle, the passenger gave misleading statements. When the passenger was asked to step out of the vehicle, he opened fire on the officers. The suspect died at the scene. Both officers were injured; Officer Tueller was shot in the femur. In honor of the injury Officer Dan Tueller sustained as a police officer serving the citizens of Salt Lake City and the State of Utah, the Utah Peace Officers Association presents him with a Purple Heart commendation this 18th day of April, 2015. Officer Moe Tafisi (was not present to receive his award) Officer Moe Tafisi and Officer Tueller responded to investigate a suspicious vehicle at 300 S. West Temple on March 28, 2014. While interviewing the two occupants of the vehicle, the passenger gave misleading statements. When the passenger was asked to step out of the vehicle, he opened fire on the officers. The suspect died at the scene. Both officers were injured; Officer Tafisi - 5- was shot in the arm. In honor of the injury Officer Moe Tafisi sustained as a police officer serving the citizens of Salt Lake City and the State of Utah, the Utah Peace Officers Association presents him with a Purple Heart commendation this 18th day of April, 2015. Officer Thad Hansen (with Brody Young): On July 4, 2014, Officer Thad Hansen responded to help recover a stolen phone that was tracked to a specific address. During the investigation several individuals became noncompliant and a fight ensued. Other occupants of the home joined in and began to assault the officers. During this fight, Officer Hansen was stabbed in the lower back, below his ballistic vest and above the belt line. In honor of the injury Officer Thad Hansen sustained as a police officer serving the citizens of Salt Lake City and the State of Utah, the Utah Peace Officers Association presents him with a Purple Heart commendation this 18th day of April, 2015. Officer Matthew Taylor (with Brody Young): On January 8, 2015, Officer Matthew Taylor responded to a call regarding a suspicious man who was asking residents to pay him to shovel snow from their walks, which were already clear of snow. Soon after being contacted, this man attacked Officer Taylor with the snow shovel. Officer Taylor suffered fractures to his right arm and left foot before he was able to defeat the attack. In honor of the injuries Officer Matthew Taylor sustained as a police officer serving the citizens of Salt Lake City and the State of Utah, the Utah Peace Officers Association presents him with a Purple Heart commendation this 18th day of April, 2015. -6- - 7- It was wet of Friday -8- - 9- - 10 - - 11- The Fallen that were honored on the Trail Ride - 12 - UTAH LAW ENFORCEMENT MEMORIAL SERVICE Robert Kirby May 7, 2015 This is something of a goodbye. I recently stepped down from the Utah Law Enforcement executive board. I’ll be focusing most of my time on historical research of Utah’s forgotten officers who fell in the line of duty. Before I go, I would like to say a few words to three groups of people, to those for whom we are gathered here today, those for whom this memorial is intended. First to the families of the officers whose names appear on this memorial. I believe you bear the greatest pain and the greatest cost. I didn’t always appreciate that burden. I left law enforcement in July 1989. I arranged for two weeks of vacation, submitted my resignation a minute later, and became a newspaper editor the following day. I was working the graveyard shift when I quit. The switch to a day job wasn’t easy. I would lay in bed at night trying to sleep so I could get up and go to work in the morning like a normal person. Most nights I didn’t get to sleep until three o’clock. One night as I lay there frustrated and listening to the sounds coming in through the bedroom window, I heard a city ambulance running code down Main Street. I was suddenly seized by the fear that the person in the back of that ambulance was someone I cared about, a co-worker I had left to face trouble alone while I ran off to become a writer. I started to panic. Because I was still a mostly a cop, I tried to calm myself with happier thoughts—that maybe the person in the back of the ambulance was some ratbag I didn’t like. And frankly there were a lot of those. As I struggled with these conflicting emotions, my wife, who was still asleep, reached over to see if I was home. I suddenly understood that for years she had listened to sirens in the night, wondering if it meant that her world was unraveling. She touched my shoulder and relaxed. So this memorial is really for you, those of you who most keenly feel the loss. It is a tangible promise to you from us that we will not allow that love to be forgotten by those in this state who benefit so casually from it. Such is the nature of our society that most of what goes on inside the buildings behind us would be impossible without the names on this wall. Now to the next group: When I speak at these events I am most troubled by the fact that I could be speaking to the next officer to fall. We understand that among us are officers who don’t know that they are in fact now paying honor to what will become their own monument. We don’t like to think about it, but we know it. We know that unlike America’s other conflicts there is no end to the casualty list in the struggle for public safety. There will always be space for more names on this memorial. I know the next officer to fall. I know you even if I might not yet know your name. I know that like the 137 officers who went before, that in that terrible moment you will not fail to be what you are. I know you because I know what led you here. And I know you will go away from us doing what you love for those you love. If it is you, if during a time too soon to come it is your life that is required, we promise this: We will not forget. We will not let Utah forget. We will dedicate ourselves to reminding this state of its debt to you and your family, and that your name should be uttered like a prayer of gratitude. In closing, I speak to those who are here with us today whom we cannot see, officers who have been called across the bar and now wait patiently for us to catch up. I’m not a deeply spiritual person. But I like to think that if we looked hard enough we might see them here among us now: Jarod. Mike. Joe. Cecil. Randy. Kevin. Jim. Cory. Josie. We have kept our faith with you today. We will continue - 13- to keep it. Finally to our fallen comrades who are here and standing unremarked in the shadows of history, we promise this: We will find you and we will bring your memory to this place of honor where you belong. Remember them. Learn from the lessons they still teach us. And never believe for an instant that their deaths were pointless—because the peace we all hope to enjoy down the long reach of our own tomorrows was purchased with their lives. Thank you. The fruits of Robert Kirby’s labor behind him and surrounding him. He did well! On the right Clarke Christensen presents Robert with the US flag that has flown over the Memorial in appreciation for all his work Visit Utah Law Enforcement Memorial and/or Utah Peace Officers Association on Facebook for more pictures Laretta Beesley, Mother of Aaron Beesley Shante Johnson, wife of Derek Johnson, with Commissioner Keith Squires - 14 - On the right Birgitta Wood, mother of Ronald Wood Guardian of the Memorial - Salt Lake City Police Explorer Honor Guard David Osmond Holly Orr, wife of Kevin Orr, with Gale Roberts Attorney General Sean Reyes addresses the audience Rabbi Llana Swartzman Reverend Curtis Price - 15- Utah State Lodge FOP Honor Guard Left to right: Iron County Lt. Del Schlosser, Sgt. Shalon Shaver and John Englestead Left to right: Ian Williams, Sandy PD, and Salt Lake City PD Explorer Juan Abraham Vera Medina The flags of our 137 Fallen Officers - 16 - San Diego Police Department’s “Mobile Momument” visits the Utah Law Enforcement Memorial Pictures by Chief Sol Oberg, ULEM Board Member Several members from the San Diego Police Department and their “mobile monument” police cruiser were at the at Utah Law Enforcement Memorial at the State Capitol on May 5th, 2015. San Diego Police Department members Sgt. Michael Pidgeon, Sgt. Michael Shiraishi and Chuck Price, one of the department’s chaplains, stopped in Salt Lake City on their way to Washington D.C. as part of a national tour. The men are traveling across the country with a “mobile monument” to fallen law enforcement officers. The car, a 2011 police cruiser, is a project of their department and the San Diego Police Officers Association. On their way to Washington, D.C., the men stopped at the Utah Law Enforcement Memorial. Pidgeon said the trio is privileged to visit state memorials to law enforcement on their way to Washington. The officers feel they’re all part of one law enforcement family and that they all make the same sacrifices, he said. Pidgeon presented a plaque to Clarke Christensen, President of the Utah Law Enforcement Memorial. On the plaque is a copy of a prayer that’s on a police memorial at San Diego Police Headquarters. The other two men making the trip are Sgt. Michael Shiraishi and Chuck Price, one of the San Diego Police Department’s chaplains. Pidgeon said that Price has “so far made the weather work out for us.” The trio left San Diego Sunday and will arrive back home May 20. Their destination is a ceremony at the National Law Enforcement Officers Memorial in Washington on May 15, held as part of National Police Week. In preparing for the trip, the group learned about law enforcement memorials along their route or close to their path to Washington. Their 17-day trip will include visits to 13 such memorials. Pidgeon said the men like to pay their respects to fellow officers. The men took the car to Sacramento, Calif., Carson City, Nev., Salt Lake City and will then go on to Cheyenne, Wyo. The officers drove the vehicle to Sacramento, but are hauling the car in a donated trailer the rest of the way. This is actually the maiden voyage for the rolling memorial, which was completed in late April. On the hood of the car are the names of San Diego police officers killed in the line of duty, described as the “Roll Call of Heroes.” Among the phrases painted on the car are “Heroes live forever,” “Honor their service” and “Remember their sacrifice.” The car bears the logos of the San Diego Police Department, the California Peace Officers Memorial and the National Law Enforcement Officers Memorial Fund. Also on the memorial cruiser is a quote from a Greek military writer, Tacticus, “In valor there is hope.” On the back of the car is the prayer that’s on the plaque given to Grand Island law enforcement. A blue line, which mourns the death of a departed officer, is included in the San Diego police emblem on the car. It is also found on the shields worn by Pidgeon, Shiraishi and Price. In addition to serving as a police sergeant, Pidgeon is one of nine directors of the San Diego Police Officers Association. - 17- - 18 - New Salt Lake City Police Department Explorers were pinned by the Utah Law Enforcement Memorial Board of Directors as Guardians of the Memorial on May 5th, 2015 And they do an excellent job! - 19- Front Row L to R: Basic Technician Sheryl Allums, Greg Jarvis, Steve Anderson, Brayden Colton, Zachary Nold, Tyson Tarr, Nicholas Peay, Trish Cox, Basic Technician Taylor Conti Middle Row L to R: Lt. Wade Breur, Tim Larson, J. Kirk Lovell, Aaron Nelson, Carlin Walker-Heath, Evan Keller, Gary Couch, Greg Apgood, Rye Jones, Mike Nielson, Shane Jacobson, Steven Mitchell Back Row L to R: Basic Training Sgt. Glenn Poret, Basic Training Sgt. Alex Garcia,Nick Cutler , Gustavo Johnson, Brett DeCow, Doug Denton, Kevin Slater, Colton Robinson, Adam Thompson, Basic Training Sgt. Shayne Terry, Basic Training Sgt. Barry Watkins Lowry & Associates, Inc. 501-8808 967 East Pioneer Road Draper, Utah 84020 - 20 - Front Row L to R: Basic Technician Taylor Conti, Tessie Zarogoza, Jeanette Hartley, Eric Burdett, Bryce Gardner, Basic Technician Sheryl Allums, Stanton Tucker, Tyler Nash, Colton Freckleton, Basic Technician Julie Gomez Middle Row L to R: Sgt. Glenn Poret, John Powell, Bryce Moore, Abinidi Gray, Taylor Sorensen, Devyn Gurney, Nicholas Syrett, Caio Jesuino, Trevor Swenson, Brandon Sevenski, Pete Ketchum, Sgt. Barry Watkins Back Row L to R: LT. Wade Breur, Taj Eldredge, Mark Myer, Zachary Banz, Cody Roberts, Brayton Doxstader, Brock Ernstsen, Eldon Godfrey, Kendall Holland, Sgt. Alex Garcia Jack’s Tire & Oil, Inc. 435-752-7897 1795 North Main Logan, Utah - 21- Concerns of Police Survivors by Laretta Beesley Mother of Aaron Beesley, DOD June 30, 2012 President of C.O.P.S. Note to the Editor by Laretta: I fought to get the Utah Chapter of COPS because it was not there to help us when Aaron died. We had to fight things out on our own. We had a few regular people step in to help, but basically we had to figure things out on our own. We were lucky and Jet Blue and a Foundation for Fallen Officer families stepped in to help us. I hope to not have to have people feel like that. I want them to feel that they can go to DC and that they have help there for them. I found out how much it helps to have a place where you can talk about your loved one (or best friend) without people feeling ….”Will she ever get over it?” No, I won’t, but I will be able to handle it better. COPS Retreats and conventions help us to understand ourselves better and also to understand what others in the family or community are feeling also. We all grieve differently. COPS Mission Statement: The mission of C.O.P.S. is to provide resources to assist in the rebuilding of the lives of surviving families and affected co-workers of law enforcement officers, who have died in the line of duty as determined by the FBI, PSOB, NLEOMF or FOP criteria. Furthermore, C.O.P.S. provides training to law enforcement agencies on survivor victimization issues, and educates the public of the need to support the law enforcement profession and its survivors. Who are members: Surviving spouse, parents, children, siblings, extended family members, significant others, and affected co-workers who have experienced the trauma of the line of duty death of a law enforcement officer. ALSO Affiliate membership is available to law enforcement personnel in the area covered by this chapter (All of Utah) as well as business or community leaders who are interested. They are non-voting members. C.O.P.S. Programs: From National Summer camps for Children of all ages Scholasrships for Spouses and Children Parents Retreat Surviving Spouse getaway Sibling Retreat In-law Retreat Co-worker Retreat Conferences DC During National Police Week National Police Week Peer Support Network Reimbursement for child Psychological Counseling Benefit Assistance Trial and Parole Support Trauma Training for Officers Continued Next Page - 22 - COPS Board of Directors, left to right: Jessica Orr, Treasirer pf COPS, daughter of Kevin Orr, Uintah County SO, DOD November 22, 2006 Laretta Beesley, President of COPS, mother of Aaron Beesley, Utah Highway Patrol, DOD June 30, 2012 Cheryl Ivie, Vice President of COPS, daughter of Gerry Ivie, Duchesne County SO, DOD July 2, 1987 Shelly Francom, Secretary of COPS, Wife of Jared Francom, Ogden PD, DOD January 5, 2012 Local Groups: We have quarterly meetings/get togethers to get to know each other and be able to lend support in any way we can. We have fund raisers to help those that are new Survivors be able to go to DC for the Fallen Officer’s Wall and the Memorial on Utah’s Capitol Lawn. We have fund raisers also to help to send Survivors/Co-workers to the various retreats and camps. Not only do they get to know others in similar situations, but they also have counselors there if people feel they need help. Most of us could not afford counseling on our own or even know we needed it. We will try to be supportive of those members still going through the trial process. We want to be able to have the money in our account to make sure that if/when an officer falls again, we will not have to worry about if we can get the family (siblings, parents…..the spouse and children should be the responsibility of the dept for DC) to DC when his/hername is read. Programs for Law Enforcement: Regional Training “The Trauma of Law Enforcement” – Held in 8 places in the US each year. The training is three days long and is free. The only cost is travel and lodging. I would like to be able to send 1-4 officers a year to the training. It would be even better if I could talk National into having a training here in the area. I know we could fill the training class. State and Federal Benefit Information Project Blue Light for the Holidays Blue Ribbon Campaign During National Police Week Continued Next Page - 23- We are there for the families from now on….not just through the funeral We are families of Law Enforcement Officers who died in the line of duty…Ready to help the new survivors rebuild their shattered lives. All of our programs are free to families. All of our income is from donations. TO OUR COPS FAMILY: WHEN TRAGEDY HITS…DON’T FORGET TO CONTACT C.O.P.S. WE CAN HELP WITH HELPING THE FAMILY FEEL THAT THEY ARE NOT ALONE…ALONG WITH THE OFFICERS WHO ARE LOSING A BEST FRIEND OR BELOVED COMRAD. WE ARE THERE TO COVER YOUR BACKS. WE ARE YOUR PARTNERS…NOT YOUR COMPETITION. We are in the process right now of trying to visit every law enforcement dept in the state as well as the Police Academies. We will present who we are and also help them to be prepared. Life Diary – Give them a diary to fill out which gives the family the information needed in case he/she should fall. Tell them about the Trauma Training And ask them to support our payroll deducation of $1-2 a payday…call Cup for a Cop. For the price of a coke or a cup of coffee, they can donate it to us to help us to be prepared if they or their comrads should fall. It is to help the families of the officers. We are all volunteers. We are a 501(C)3 Foundation and we do not make a profit. We do send 30% to National for all the programs that they do. The only cost for the programs is the transportation to and from. When we have the funds, we will help suriviors attend these programs. National spends 2% on salaries and office workings. We do not ask for money from any of the survivors. If they want to contribute, it is up to them, but they have endured enough. We want to help, not be a burden. - 24 - SERVICE DESERVES ITS REWARDS! What is Homes for Heroes? Homes for Heroes provides substantial discounts and rebates to workforce heroes who are Buying, Selling or Refinancing their home. We team up with local businesses to provide you with full service real estate at reduced prices. It is our way of saying “THANK YOU” to those that serve and protect our community on a daily basis! Who qualifies as a hero? There are many heroes among us in our communities. Most commonly our heroes have been firefighters, police officers, teachers, healthcare providers, first responders, and military personnel. When you are buying or selling a home let us say “THANK YOU” for all you do! How muchPlease will I actually save? join us in welcoming • • • the Homes for Heroes program to our community. 25% Rebate on the gross brokerage commission $650 lender paid closing costs* Discounts on home inspections & many other services The final amount that you save will depend on the sales price of the home. On average if you were to purchase a $200,000 home you would save $2,150 NOT INCLUDING all the discounts you’ll be eligible for with local Friends of Heroes businesses. YOU WILL SEE THE DIFFERENCE! Homes for Heroes offers large savings to local community heroes when buying, selling or refinancing a home: different approach to affordable home ownership. Are thereA a lot of extra applications, forms, and paperwork? Absolutely None! Your name a way to contact you, and what you do in your community, that’s all we need to know! forhousing Heroes Promise: WithThe theHomes Spring market underway Homes for Heroes is gearing up to serve as • No extra forms. • No red tape. many Heroes as possible. Homes for Heroes provides substantial discounts and rebates • No fine print. • No hidden fees. to• buyers and sellers in the following groups: military personnel, police officers, NO CATCH. firefighters, teachers, first responders, and others who serve our community and nation. This just sounds too good to be true. Why should I trust you? Homes for Heroes is a service made for you. We want you to rely on us for savings now and in the future, so we’ll treat you in deserves a way that will you want so to turn us again. want you to feel great about referring us to your friends Service itsmake rewards, wetoteam upWewith local businesses to provide you with and family. Still not convinced? We invite you to read about what our Heroes have to say about their experiences fullworking service estate at reduced prices. It is our way of saying Thank you! to those withreal us at www.HomesForHeroes.com. thatcontact protectus? our community and our country on a daily basis! How do you Find an Affiliate in your area on the back of this flyer or contact the Homes for Heroes program by going to our website at www.HomesForHeroes.com. For Additional Information, go to www.HomesforHeroes.com *Discounts will vary -4- 25- Search for illegally obtained pills uncovers small marijuana grow in Roosevelt, police say By Geoff Liesik. KSL News, April 2nd, 2015 ROOSEVELT — A search for evidence that a man was illegally importing prescription pills from Afghanistan uncovered a small marijuana grow in the basement of a house, according to Roosevelt police. Members of the Uintah Basin Narcotics Strike Force executed a search warrant Thursday morning at a house at 420 Roosevelt Circle. They were looking for evidence related to Todd Leroy Ercanbrack’s alleged online purchase of Ritalin from an overseas supplier, Bird said. “It’s a prescribed pill, so it’s got to be prescribed by a doctor,” the corporal said. A package of 250 Ritalin pills addressed to Ercanbrack was intercepted last month by U.S. Customs and Border Patrol agents at John F. Kennedy International Airport in New York, according to a probable cause statement. On Wednesday, the package was turned over to Roosevelt police. After consulting with the Duchesne County Attorney’s Office, a warrant was obtained Thursday and officers went to Ercanbrack’s house. “While in the residence, we found a marijuana grow in the basement next to the bedroom where Todd was found,” Bird said. Police were seen removing at least a half-dozen small marijuana plants from the home. They also found packaging that indicated Ercanbrack had received previous shipments of Ritalin from overseas, Bird said. Ercanbrack and his wife, Jennifer Ercanbrack, were arrested and taken to the police station for questioning. Todd Ercanbrack told investigators he had a valid prescription for Ritalin but wasn’t getting enough pills from local doctors, “so he ordered 250 pills from Afghanistan,” according to the probable cause statement. He also admitted that he was growing marijuana “for his back problems,” investigators said. Todd Ercanbrack, 44, was booked into the Duchesne County Jail for investigation of distribution of a controlled substance, cultivation of marijuana and possession of drug paraphernalia. His bail is set at $16,360. Court records show Todd Ercanbrack pleaded guilty in May 2011 to six counts of forging, falsifying or altering a prescription, a class A misdemeanor. His guilty pleas were dismissed in October 2014 after he successfully completed the terms of a plea in abeyance agreement, according to court records. Jennifer Ercanbrack was cited and released Thursday without being booked into jail. Bird did not immediately know what charges were listed on the citation. The case against the couple will be screened initially by the Duchesne County Attorney’s Office, but there is also a chance federal charges could be filed, Bird said. - 26 - I Remember By Jim McDevitt It’s been several decades since I wore the uniform of an NYPD officer but it seems like only yesterday that some events happened because they are seared in my memory. I can recall the events quite clearly. It was a day tour and my partner and I were patrolling our sector when we got a call to respond to a report about a missing person. The location was a ten story apartment house in Jackson Heights. We took the elevator to the seventh floor and knocked on the apartment door. The door slowly opened and an elderly woman who appeared to be in her mid eighties invited us in. She explained that her sister who was 86 years old and in poor health was missing. She said her sister could not go far because she needed a walker to get around. She told us she got up late and when she checked on her sister, she found she was missing. My first thoughts weren’t good. A woman that age who uses a walker can’t go far. We started our search by taking the elevator to the top floor and checking the roof. We reasoned that if she had gone anywhere on the street someone would have spotted her in her nightgown and called police. When we opened the door leading to the roof the first thing I saw was the walker. It was at the roof’s edge next to the ledge. A pair of eyeglasses was neatly folded up in an open eyeglass case sitting on the roof’s ledge. We looked over the ledge into the courtyard below and could see the crumpled body sprawled in the cement yard. We got down to the basement and checked the body for a pulse. As expected, there was none. We covered the body with a blanket we kept in the trunk of our police car. The woman had landed on her head crushing her skull spilling brain matter out around her body. Another time my partner and I were working a late tour, a midnight to eight in the morning when at one in the morning we were dispatched to a location with a report of a jumper. We pulled up to the location on Roosevelt Avenue over the Cross Island Parkway to see a young man standing at the railing. I got out of the patrol car and engaged him in conversation while my partner moved into position to intercept After talking with him for a few minutes I was him if he went to jump. able to move closer and gain his trust. He was convinced they were after him. We assured him we would protect him and get him help. He let me put my handcuffs on him. During the drive to Elmhurst General Hospital we talked about family. At the hospital we escorted him to the psychiatric wing and both my partner and I asked the male psychiatric nurse to put a 72 hour hold on him because we were afraid he would hurt himself or someone else. It was the first time we had asked for someone to be held for observation that we picked up on the street. We usually brought in two or three people a month from the street for observation and we knew the nurse on duty. It was up to the doctor but the nurse said he would let the doctor know what we said. When we resumed patrol I was feeling good. We had saved a life. It’s a good feeling. Almost four hours later we got another call about a jumper at the same location over the Cross Island Parkway. We arrived at the scene but this time no one was at the railing. We looked over the railing and saw the jumper had landed on his head on the Cross Island Parkway. His face was smashed beyond recognition but I could see by the clothing he was wearing that it was the same jumper we had talked into going to the hospital. The doctor had decided to release him and this was the result. Another call came on a day tour, the eight to four in the afternoon shift. This was supposed to be the - 27- quiet shift when my partner and I were dispatched to a report of a gas leak. The location was another high rise building and the caller was on the fifth floor. As soon as we stepped off the elevator we could smell gas. The caller was waiting for us in the hallway with the door to her apartment propped open. She explained that she smelled gas and opened her windows. She said the smell seemed to be coming from her elderly neighbor’s apartment next door. The woman had a young child and she was afraid of an explosion. Frankly, I agreed with her but didn’t say that. My partner reminded me not to ring the doorbell of the apartment next door. Any spark could cause an explosion because there was that much gas in the air. I banged on the door and called out, Police. I need you to open the door. With this amount of gas escaping from somewhere the first priority was to get into the apartment and open the windows. The next step was to stop the leak or if that wasn’t possible we would have to evacuate the floor as we notified the Fire Department. No one answered my knocks on the door or my shouts of Police, Open up. I knew there were steel fire escapes in the building and the caller verified that she shared one with the apartment where the gas was coming from. The caller gave us permission to enter her apartment to gain access to the apartment next to hers. While my partner continued knocking on the door, I climbed out on the fire escape and made my way to a window in the darkened apartment. Using my flashlight I shined it through the window into the darkened interior. I was looking for a body on the floor, perhaps a victim of a crime. I could see nothing on the floor so I tried the window but it was locked. I took my day stick and aimed it at the six by six window pane under the lock. In a matter of seconds I was reaching in and up through the escaping fumes to unlock the window. I took a deep breath and held it. The window easily slid up and I squeezed through the space over the broken glass. As soon as both feet were on the floor I moved through the apartment quickly to the front door to unlock it and let my partner in. As I rushed by the kitchen to the front door I was able to see an elderly woman sitting in a kitchen chair by the stove. My partner rushed in and started opening all the windows and I went into the kitchen. The woman appeared to be unconscious because she was oblivious to anything that was going on. I could see all the gas burners were unlit and turned on. As I shut them off I could see the oven was unlit and turned on. I turned that off and turned to the woman. I shook the woman’s shoulder and she seemed to wake up as if out of a sleep. The gas gradually cleared from the room and the woman offered no explanation though none was needed. This was an attempted suicide. My partner talked with her and found a phone book with a phone number for the woman’s son. He called the son and arranged for the son to come immediately. This time we were lucky. We saved a life and prevented an explosion. I remember another experience when my regular partner was out sick. A rookie from the Police Academy in his gray uniform was assigned to ride with me. It was a four to midnight tour on a Friday, always a busy night. Malcolm X lived in our precinct. About 9 o’clock we got a call about a man with a gun. All the other units in the precinct were busy handling calls so we had no back up. Usually on a gun run, you get four or five units responding. When I was within a block of the location, I turned off the emergency lights. I pulled up Stewart Bros. Electric 870 West 560 North Cedar City, Utah (435) 586-4353 - 28 - two houses away from the location so someone with a gun wouldn’t have an easy shot. I approached the location with gun drawn but pointed down. On a porch I saw a middle aged woman. In the doorway behind her was a young woman holding a baby in her arms. I asked the middle aged woman if she called. In a very low voice, she said Yes I did. My husband is drunk and he’s crazy and he’s got a gun. I told her to go into the young woman’s apartment and lock the door and to stay there no matter what happens or until I came back and got her. The rookie and I took up positions on either side of the door, guns out. I’ll do the talking. If I don’t shoot, don’t shoot. If I shoot, shoot. My heart was pounding against my chest as if it wanted to escape from my body. I don’t know what the rookie was thinking because he never said anything. I rang the bell and knocked on the door. I could hear heavy steps coming down the stairs. It seemed like forever before the heavy wooden door swung open. When it did, a middle aged man stood there, swaying back and forth and smelling of alcohol with his right hand behind his back. There was less than three feet separating us. Drop whatever’s in your hand or you’re a dead man, I yelled. For a second it seemed he didn’t understand but then I heard a clank and we rushed in and pushed him up against the wall. I cuffed him with his hands behind his back. Then I bent down and picked up one of those big Jim Bowie knives. Where’s the gun? Though intoxicated, he managed to say he didn’t own a gun. I marched him back upstairs and sent the rookie to get the wife. She came upstairs and I asked her where he kept the gun. What are you talking about? I never said he had a gun. This woman had been hoping I was going to shoot her husband. Thank God I didn’t because I came very close to shooting him. If he had pulled his hand forward, I wouldn’t have had time to do anything but shoot him. None of these events were reported in the newspapers. They were all just calls for help from citizens but they remain in my memory never to be forgotten. Many of the details of arrests I made are forgotten but calls like these are never forgotten. These are some of the experiences cops collect as they do their jobs. Sometimes it’s worse. My brother Detective Henry McDevitt died from his injuries on a burglary run on June 26th, 1977. Lehi Block, Inc. 2303 No. 1200 West Lehi, Utah 801-768-8401 - 29- FORCE SCIENCE INSTITUTE, Ltd. Force Science Certification Course JUNE 15-19, 2015 Host: West Jordan Police Department Location: Copper Hills High School Auditorium 5445 West New Bingham Highway West Jordan, UT Registrations are now being accepted. See below for registration details. Register now for law enforcement's most popular certification course and join the ranks of graduates worldwide who are now better prepared to uncover the truth when lawsuits, careers and reputations are on the line. Insights from Force Science Certification Course graduates "This training is the best I've experienced in over 20 years of law enforcement. You have the best training cadre possible and your contributions, which move organizations forward, will have an impact on law enforcement for the next 100 years. Two thumbs up!" — Lt. Maurice Tovar, Richmond (VA) Police Dept. “Out of the hundreds of training hours that I’ve logged over the course of my 17-year career, the Force Science® Certification Course was by far the best law enforcement education I have ever received!” — Det. Ellis Maxwell, West Valley City (UT) Police Dept. “The Force Science® Certification Course was excellent! It should be mandatory for Command Staff, Homicide Units that investigate officer-involved shootings, Internal Affairs personnel, Shooting Review Board members and Training Units. The commitment of the entire Force Science instructional team to the perfection of this class was obvious.” — Undersheriff Ed Prendergast, San Diego Co. Sheriff’s Department “I’ve had training in virtually all areas of criminal investigation over my 19-year career and the Force Science® Certification Course definitely stands out as one of the best classes I have ever experienced. I wish I had taken this course years ago!” — Sgt. Derek Johnson, Howard Co. (MD) Police Dept. “The depth of knowledge shared in this class and the ability of the instructors to teach and explain complex material in an understandable fashion was unreal! This is the best course I’ve had in my career.” — Constable Rom Ranallo, Vancouver (BC) Police Dept., Canada "I have been a police officer for almost 20 years and have attended only three that were worth a damn. This was one of the three! Very well done…very informative." — Det. Sgt. Robert Ciancio, New Carrollton (MD) Police Department - 30 - HONORING A TRUE HERO Most people flee in the face of danger, some will stand their ground and fight, but only a choice few will charge head first into certain peril, giving no thought for their own life as they attempt to save others. Calling them “The best of the best,” Vice President Joe Biden recently bestowed the Public Safety Officer Medal of Valor upon Weber County Sheriff’s Office Lt. Nathan Hutchinson and 21 other honorees at a special ceremony held at the White House. The Medal of Valor is the highest national award given to a public safety officer. The medal is awarded to those who have “exhibited exceptional courage, regardless of personal safety, in the attempt to save or protect human life.” To receive the Medal of Valor, public safety officers must be nominated by the chief executive officer of their employing agencies, recommended by the bipartisan Medal of Valor Review Board, and cited by the Attorney General. Nate was only one of 22 recipients from 157 nominees to receive this prestigious award. Some of the other honorees from around the country included the officers from Watertown who were involved in the Lt. Nathan Hutchinson - 31- apprehension of the Boston Marathon bombers, two officers involved in the Sikh temple shooting, five FBI agents involved in the dangerous rescue of a five year-old kidnapping victim, and two police officers who were killed in the line-of-duty protecting others during two separate armed robberies. On the evening of January 4th, 2012, Nate was part of a task force that served a knock-and-announce search warrant for drugs at a home in Ogden City. As agents cleared the house, the suspect opened fire on them. Nate helped escort a wounded agent from the house, but when he returned, another round of gunfire erupted. Without hesitation he rushed back inside, only to witness two more agents being gunned down. Exchanging gunfire with the suspect, Nate went to the aid of the fallen agents, dragging Agent Casey Burrell out of harm’s way. In the process, Nate was shot multiple times. He then returned for Agent Jared Francom. Emptying his gun while taking on rounds, Nate grabbed Jared and started pulling him from the house. The suspect pursued after them, continuing to fire upon the now defenseless agents. Ultimately, Nate was able to get Jared out into the carport, but not before sustaining a total of five gunshots. With one arm completely incapacitated, Nate then dragged Jared down the driveway to other awaiting officers. Nate’s courageous actions that night saved Casey’s life and prevented Jared from dying alone in the suspect’s house. In the months following, Nate endured multiple surgeries and a long road to recovery. He continues to still suffer from some of the effects of his injuries. When asked if it was worth it and if he would do it again he says, “Absolutely, just knowing that Casey can coach and play baseball with his son made it all worthwhile.” Never wanting the spotlight or recognition, Nate finds himself as one of the most highly decorated law enforcement officers in the nation, and he continues to humbly serve the citizens of Weber County. Campbell Scientific Inc. 815 West 1800 North Logan, Utah (801) 753-2342 - 32 - Atop Auto 415 East Main Street Castledale, Utah 801-225-5509 110 River-front Cabins & Suites Private Patios & Kitchenettes Horseback Riding, Rafting, Hiking, Biking, Museum, Exercise Room, Pool & Hot Tub, Tennis Courts, Winery, Restaurant 435-259-2002 • www.redcliffslodge.com Mile 14 on Scenic Highway 128 • Moab, Utah 84532 - 33- Utah Department of Corrections Pre-Service Academy #269 - June 2, 2014 - September 10, 2014 Ashinhurst, Logan, UDC-Draper; Barnett, Rebeccah, Davis County; Bass, Benjamin, UDC-Draper; Beckstrom, Christopher, Utah County; Bills, Steven, UDC-Draper; Brown, McKenzie, Juab County; Campbell, Josh, UDCClinical; Chandler, Frank, Uintah County; Christian, Bradley, UDC-Draper; Cram, Landon, Kane County; Davis, Brady, Duchesne County; Deane, Damien, UDC-Draper; Demers, Jeremy, UDC-Draper; Ehlers, Taylor, Uintah County; Fox, Tyler, Kane County; Gavilanes, Jorge, Utah County; Givens, Kendu, UDC-Draper; Hansen, Chase, Utah County; Hinckley, Michael, Utah County; Holman, Devin, UDC-Draper; Holmes, Derek, UDC-Draper; Hunsaker, Ashley, UDC-Draper; Jacobsen, Kami, Juab County; Jeffs, Michelle, Utah County; Johnson, Kitaro, UDC-Draper; Lunt, Tyler, UDC-Draper; Maxwell, Landon, UDC-Draper; McCardle, David, UDC-Draper; Moss, Tara, UDC-Draper; Murray, Jordan, Uintah County; Norton, Shayne, UDC-Draper; Osborne, Nolan, UDC-Draper; Peck, John, UDC-Draper; Rhees, Austin, UDC-Draper; Richards, Blake, Utah County; Shumway, Rick, Utah County; Sitake, Poponatui, Utah County; Smith, Nicholas, UDC-Draper; Talbot, Brady , Juab County; Timothy, Christopher, UDC-CUCF; Topham, Bryce, Utah County; Van Noy, Benjamin, Utah County; Walker, Andrew, Uintah County; Weber, Richard, UDC-CUCF; Williams, David, Sevier County Classic Life Guard Aero Medical State Bank of Southern Utah Proud Sponsor of the 2014 & 2015 Fallen Peace Officer Trail Ride Proud Sponsor of the 2014 Fallen Peace Officer Trail Ride - 34 - Utah Department of Corrections Pre-Service Academy #270 - July 28, 2014 - November 4, 2014 Adams, Dustin, UDC-Draper; Anderson, Michael, Sevier County; Beesley, Joy, UDC-Clinical; Bigelow, Jesse, Carbon County; Cordova, Samuel, UDC-Draper; Garcia, Primitivo, UDC-Draper; Given, Tyler, Washington County; Hagemeister, Paul, UDC-CUCF; Hampton, Daniel, UDC-Draper; Ipsen, Alex, UDC-Draper; Lacy, David, Duchesne County; Makin, Evan, UDC-Draper; Mills, Michael, UDC-Clinical; Mortensen, Chris, Daggett County; Parry, Brenton, UDC-Draper; Ruoti, Evan, UDC-Draper; Sorensen, Kenzi, UDC-Clinical; Tela, Christina, UDC-Draper; Thomas, Philip, UDC-Draper; Wilcox, Brent, UDC-CUCF; Wilson, Bradley, UDC-Draper; Wittwer, Jace, Washington County Renn & Marie Zaphiropoulos Foundation Proud Sponsor of the 2014 Fallen Peace Officer Trail Ride - 35- Utah Department of Corrections Pre-Service Academy #271 - September 8, 2014 - December 16, 2014 Adams, Timothy, Uintah County; Anderson, Kori, Uintah County; Christiansen, Desirae, UDC-CUCF; Christiansen, Todd, UDC-Draper; Denney, Blake, UDC-Draper; Dimick, Tichelle, UDC-Draper; Elwood, Jason, Uintah County; Hansen, Steven, UDC-Draper; Hardt, Justin, UDC-Draper; Harris, Nathan, Uintah County; Head, Caleb, UDC-Clinical; Higbee, Taesha, Davis County; Higby, Troy, UDC-Clinical; Jensen, Larry, UDCDraper; Judd, Derek, UDC-CUCF; Laycock, Zachary, UDC-Draper; Orozco, Victor, UDC-CUCF; Pikyavit, Simon, Washington County; Proctor, Tyrell, UDC-CUCF; Rose, Earl, Washington County; Sharp, Brittany, UDC-Draper; Shumway, Duncan, UDC-Clinical; Stephenson, Bryce, UDC-CUCF; Stewart, Nick, UDC-Clinical; Umana, Teddy, Washington County; Vest, Peter, UDC-Draper; Watkins, Michael, UDC-Draper; Wright, Cameron, UDC-CUCF Temkin International, Inc. 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GEORGE, UT - 37- Are you looking for an opportunity to take your career in law enforcement to the next level? At Columbia College, we’re ready to help you take the next step, offering associate, bachelor’s and master’s degrees in criminal justice, with more course offerings available each year. The college is pleased to partner with the Utah Peace Officers Association (UPOA), which enables qualified members and their spouses to receive a full tuition grant for their first undergraduate course (in-seat or online) at Columbia College. Through the college’s Partners in Law Enforcement Program, students can earn Columbia College credit for academy training, work experience and command schools. Classes are offered in five eight-week sessions beginning in August, October, January, March and during the summer. And, if work or family obligations get to be a bit overwhelming, students can rely on start-and-stop degree flexibility, whatever the pace. My college doesn’t just thank me for my service, they give me the credit I deserve. UPOA members and spouses receive a full tuition grant for their first undergraduate course (in-seat or online). Find out more : (801) 281-6677 GoForGreater.org/UPOA Evander Brim ’10 The college also provides resources including resumé writing and interview prep. Columbia College students have access to a highly trained and knowledgeable career services staff, who can enhance your professional acumen. These services are available to all current students and alumni for life, free of charge. Columbia College-Salt Lake was established in 1975 at Fort Douglas Army Education Center and originally served military personnel at Fort Douglas and the Army National Guard units in the area. The campus moved off the post in 1989 and to its present location near Interstate 15 and 5300 South in Murray, Utah, in 2008. Columbia College consistently is ranked as one of America’s best colleges by U.S. News & World Report, Military Advanced Education and Geteducated.com. The college also is accredited by the Higher Learning Commission and is a member of the North Central Association of Colleges and Schools. For more information on the college’s partnership with the Utah Peace Officers Association, visit http:// goforgreater.org/wp/utah-peace-officers-association. Become a Member of UPOA - see the benefits that come with the membership at www.upoa.org To join or renew: http://www.upoa.org/ register.aspx - 38 - Dr. William Kuenzel 801-521-9403 515 S 700 East #3 Salt Lake City, Utah University Partnerships with UPOA By BL Smith Utah Peace Officer Association Region A Representative The Utah Peace Officer Association has entered into ‘partnerships’ with several colleges and universities with the hope that a number of Utah Peace Officer Association members, spouses, and immediate family members will take advantage of these reduced tuition prices. People who wish to continue their education by taking college or university classes have a chance to take advantage of the cost reduction offered by attending one of our partner schools. Each school has something unique to offer you. In some cases you may be able to obtain additional assistance if you are in the military, the spouse of a military member, or a military veteran. Our partner schools are: • Strayer University • Trident University • Keller Center for Corporate Learning (DeVry University) • Argosy University • Columbia College • Boise State University Why Boise State you may ask? Boise State handles ‘online’ classes for a number of schools around the country. I do not have a complete list of these schools at this time. Each school is working with the Utah Peace Officer Association webmaster to ensure that updated information about the tuition reductions for members is listed on our website under a tab titled ‘University Partnerships.’ Each will have a link to their schools website with more information. Schools have reduced tuition for UPOA members from 5%-30%. One school has the first undergraduate class at no cost. Going with any of these schools can save hundreds of dollars a year. Each of these schools are regionally accredited. Take the time to understand the difference between Regionally Accredited and Nationally Accredited schools. Each school will allow you anywhere from 24 credits on up for just completing POST. Other classes you may have taken during your career can be ‘matriculated’ into your degree program giving you additional credits . Save those certificates you have for taking those classes over the years. Personally, I turned in all of my certificates to Salt Lake Community College back in 1999 at the request of a friend. A few months later I received notice that SLCC had given me 63 college credits for the training I had completed at Salt Lake City Police. If you are a member of the Utah Peace Officer Association please take advantage of this perk for being a member. If you ARE NOT a member think about joining. It’s a whopping $35 a year (A year, not a month!). You can register on line at www.upoa.org or e-mail me and I will e-mail you a PDF membership application. If you would like to contact a school representative personally (some may not have their information on our web site by the time this goes out) just shoot me an e-mail at [email protected] and I will hook you up. Representatives from these schools are available to come to your agency when you host training to speak to you about continuing education (both online and/or brick and motor school). If you have been to any of the training I host you know that they bring what we call ‘cop vitamins and/or power rings!’ - 39- Case Law Update BL Smith, Training Coordinator, Utah Peace Officers Association Utah POST Region III Training Coordinator April 2015 TOPIC: SEARCHING CAR INCIDENT TO ARREST SCENARIO: Donahue was convicted in federal court in Pennsylvania on several fraud charges. He was ordered to surrender at a certain time/place to begin serving his 10 year sentence. He didn’t show up. A warrant was issued for his arrest. Two weeks later Marshals apprehended him in New Mexico after entering his son’s car outside a motel. Marshals seized the car and searched it without a warrant. Inside the car, the marshals found various maps and several closed bags, which were not opened. The next day an FBI agent drove the car to an FBI facility. Agents searched the car again without a warrant. Agents seized behind the driver’s seat a Glock .40 caliber magazine. Agents then seized the closed bags from the trunk of the car. FBI agents searched those five days after Donahue’s arrest and found a Glock pistol. Donahue was indicted for weapons violations and failure to surrender. Donahue moved to suppress the warrantless search as a violation of his Fourth Amendment. 1. Was the search of this car, the day of, the day after, and five days after the impound, without a search warrant legal? ANSWERS: The Federal Law Enforcement Informer (FLETC-Legal Training Division) September 2014 Third Circuit United States v. Donahue, 2014 U.S. App. LEXIS 16221 (3d Cir. Pa. Aug. 22, 2014) 1. Yes. The court ruled that federal agents established probable cause to search the car without a warrant under the automobile exception to the Fourth Amendment’s warrant requirement. a. “The automobile exception allows police officers to conduct vehicle searches without a warrant if there is probable cause to believe the vehicle contains evidence of a crime. Once probable cause is established, officers are allowed to search every part of the vehicle and its contents that may conceal the object of the search. In addition, officers are allowed to search an impounded vehicle, without a warrant, after the officers have secured the vehicle and the loss of evidence is not a concern, even if the officers had time to obtain a search warrant.” 2. In this case the court held that it was reasonable to believe the car contained items that Donahue knowingly failed to surrender to federal authorities. a. Marshals testified that fugitives often keep false identification documents in places that are readily accessible, such as their cars. b. “Once the marshals established probable cause to search the car, the Mustang, the court concluded the marshals were entitled to seize the closed bags located in the trunk, and the five-day delay between the seizure of the Mustang and the search of the closed bags was immaterial.” TOPIC: CONSENT SCENARIO: A lawful traffic stop was initiated on Iraheta. Iraheta was directed to exit the car and speak with the officer while Gonzalez and Meraz-Garcia were told to remain in the vehicle. During the stop the officer found the men were traveling from California to Miami. At some point during this stop the officer asked for permission to search the car for narcotics and Iraheta consented. Gonzalez and Meraz-Garcia did not hear the exchange between the officer and Iraheta. When the officer opened the trunk he saw several duffel bags. None of the bags were marked in a way that identified the owner and none of the men objected to the search or claimed ownership of the bags. Cocaine and Methamphetamine were found in at least one of the bags. - 40 - Each defendant filed a motion to suppress the drugs found in the bag. 1. Was this consent search legal? ANSWERS: The Federal Law Enforcement Informer (FLETC-Legal Training Division) September 2014 Fifth Circuit United States v. Iraheta, 2014 U.S. App. LEXIS 15960 (4th Cir. La. Aug. 19, 2014) 1- No. Not for Gonzalez and Meraz-Garcia a. The court denied Iraheta’s motion, but suppressed the evidence as to Gonzalez and MerazGarcia b. The court held both Gonzalez and Meraz-Garcia had standing to object to the search of the duffel bag. The court also recognized that a person who abandons or disclaims ownership of property prior to the search does not have standing to challenge a search after his abandonment or disclaimer of that property. c. In this case Gonzalez and Meraz-Garcia did not deny ownership of the bag (since no one asked them) before the officer searched it, consequently, neither man had abandoned the bag; therefore, both had standing to object to the search of the duffle bag. d. Iraheta did not have actual authority to consent to the search of the multiple bags located in the trunk. The officer failed to establish that Iraheta had joint access or mutual use of the bags (the number of bags was consistent with three men traveling across the country). The officer should have inquired into the ownership of the many bags. e. Neither Gonzalez nor Meraz-Garcia heard Iraheta grant consent to search and the officer never told them he had done so. The court said “The onus was on the officers to act reasonably.” TOPIC: POSSESSION BY RESTRICTED PERSON SCENARIO: Wade Miles, homeless with his shopping cart, tried to board a TRAX car. He was stopped by an employee saying he could not bring his shopping cart onto the train. Miles was also intoxicated and was told to leave or police would be called. A TRAX supervisor showed up and asked Miles to leave after which Miles stated that if he had a knife or gun he would shoot and kill the supervisor. Police arrived and after FST Miles was arrested for Intox and trespass. He was asked if he had any weapons and said he did not. Nothing was found on his person. A search of his personal belongings located a Logan . 99 E 1400 N folding pocket knife in a pocket of one of Miles jackets. Miles said he purchased it at Wal-Mart and used it for Riverdale . 1137 W Riverdale RD camping. The knife blade is three and a half inches with OPENING 2015! a one inch serrated portion next to the handle. The blade also features a thumb stud. Miles was arrested and tried for criminal trespass; Midvale . 165 W 7200 S Vernal . 2015 W Highway 40 threats against life or property; intoxication; and purchase, transfer, possession, or use of a dangerous weapon by a Heber City . 1276 S US 189 restricted person. 1. Was Miles in possession of a dangerous weapon? Provo . 1075 S University Ave. HEBER CITY ANSWER: Utah Supreme Court v. Miles 10/24/2014 1. No. a. The Utah Court of Appeals originally said Miles was in possession of a dangerous weapon by a restricted person. b. In October 2014 the Utah Supreme Court overturned the Utah Court of Appeals and said Miles was NOT in possession of a dangerous weapon. The court quoted 501(6)(b) which sets out four factors that must be used to determine whether a knife, specifically, is a dangerous weapon: - 41- All the gear you need inside to take it outside St. George . 2957 E 850 N c. The character of the instrument, object, or thing; d. The character of the wound produced, if any; e. The manner in which the instrument, object, or thing was used and f. The other lawful purposes for which the instrument, object, or thing may be used. “The purpose of this statutory factor is to distinguish ordinary knifes, those not commonly known as dangerous weapons, from knives that are in fact dangerous weapons.” TOPIC: DEALING WITH THE ARMED MENTALLY ILL SCENARIO: Sheehan, a woman suffering from a mental illness, lived in a group home that accommodated such persons. Sheehan’s social worker became concerned about her deteriorating condition because Sheehan was not taking her medications. Upon entering Sheehan’s room he was told to get out, she had a knife and threatened to kill him. The group home was cleared of people; police were called to help transport Sheehan to a mental health facility for an involuntary commitment for evaluation and treatment. Officers Reynolds and Holder arrived. The social worker apprised them of the evacuation of residents and staff and the only way out was through Sheehan’s door as the window was too high up and was not accessible without a ladder. Officers entered Sheehan’s room without a warrant to confirm the social workers assessment, and to take Sheehan into custody. Upon seeing the officers Sheehan grabbed her knife and threatened to kill them. She did not want to go to a mental health facility. Officers backed out and called back up. Before back up arrived Reynolds and Holder drew their weapons and forced their way back into Sheehan’s room. Sheehan again threatened the officers with a knife and was shot 5-6 times. She survived and sued the officers claiming the officers violated her Fourth Amendment rights by entering her room without a warrant and using excessive force. 1- Was the officers’ first entry into Sheehan’s room lawful? 2- Was the officers’ second entry into Sheehan’s room lawful? ANSWERS: The Federal Law Enforcement Informer, December 2014 (FLETC) San Francisco v. Sheehan 743 F.3d 1211 (9th Cir. 2014) Case currently before the 2015 United States Supreme Court 1- Yes. The 9th Circuit Court of Appeals held the officers first warrantless entry into Sheehan’s room was justified under the emergency aid exception to the Fourth Amendment’s warrant requirement. a. “The court concluded that when the offices first entered Sheehan’s room, they had an objectively reasonable basis to believe Sheehan was in need of emergency medical assistance based on the information provided by Sheehan’s social worker.” 2- Possibly. The court held that the officers ‘may’ have been justified in entering Sheehan’s room the second time, the court found there were unresolved factual issues that had to be determined by a jury and not the court. a. Sheehan produced evidence #1 IN UNIFORMS & EQUIPMENT 3828 South Main Street, Salt Lake City, Utah 84115 DAMASCUS GLOVES Your Most Trusted Brands At Everyday Low Prices, Delivered Right To Your Door. (800) 879-1787 Toll Free (801) 261-4400 Fax (801) 261-1580 - 42 - that officers deviated from the training received when dealing with people who are mentally ill. If this was true then the court could find officers had acted unreasonably by forcing their way into the room and provoking a near fatal confrontation. b. Based on this probability the court found officers were NOT entitled to qualified immunity. “The court concluded prior case law would have placed any reasonable, competent officer on notice that it is unreasonable to forcibly enter the home of an armed, mentally ill subject who has been acting irrationally and threatening others, when there was no objective need for immediate entry.” A side note: To answer the justification of the shooting the court held that the use of deadly force at the moment of the shooting was reasonable because Sheehan posed an immediate threat of danger to the officers’ safety. However the court held that officers may be held liable if they intentionally or recklessly provoke a violent confrontation. Those actions may rise to the level of a ‘separate’ Fourth Amendment issue. The United States Supreme Court is heading this case in 2015. What they will be deciding is: · Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody. · Whether it was clearly established that even where an exception to the warrant requirement applied, an entry into a residence could be unreasonable under the Fourth Amendment by reason of the anticipated resistance of an armed and violent suspect within. TOPIC: SEARCH-ARREST SCENARIO: Officers went to Denson’s house to serve an outstanding warrant for absconding probation. After developing information that Denson was inside the house the officers entered and arrested Denson. While conducting a protective sweep, officers saw several firearms in a closet and seized them. Denson was indicted for possession of a firearm by a convicted felon. Denson argued the firearms should be suppressed as there was no reasonable suspicion to believe Denson was in the house. Secondly Denson argued the finding of the weapons was the result of an unlawful protective sweep. 1- The court cited a number of reasons the entry to arrest Denson was lawful without a search warrant. Several of these are listed below in answer #1. 2- Was the protective sweep of the home lawful? 3- Was the seizure of the firearms lawful? ANSWERS: United States Supreme Court v. Denson, 2014 U.S. App. LEXIS 24616 (10th Cir. Kan. Dec. 30, 2014) 1. First the court ruled on the information law enforcement had to enter the home without a warrant to arrest Institute of Public Safety Larry Miller Complex, Sandy Dave Attridge, Director http://www.slcc.edu/publicsafety/programs/index.aspx - 43- Denson. The court cited: a. “An arrest warrant implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is inside.” b. Denson had recently opened a utility account in his name at this house. c. Denson had no other residence known to law enforcement d. Denson had not reported any earning which suggested he may be at home at 0830 when officers arrived at his residence e. Denson had absconded and was hiding from law enforcement f. The electric meter appeared to be running very fast, an indication that someone might be inside using electrical devices. 2. Yes. The protective sweep was lawful for a number of reasons including: a. Law enforcement knew Denson was a fugitive with a history of violent crime b. Officers at the scene knew a second person was living with Denson who also had arrest warrants outstanding c. These facts alone gave officers reasonable suspicion that someone else may be inside and could be dangerous to officers 3. Yes. The seizure of the firearms was lawful. As a convicted felon Denson violates federal law by actually or constructively possessing firearms. “A felon constructively possesses a firearm if he ‘knowingly holds the power to exercise or control over them.’” Here Denson listed himself as the primary account holder with the utility company. The firearms were found in an unlocked closet that could easily be accessed by either Denson or another resident. Therefore Denson ‘constructively’ possessed the weapons. Here you can see the ‘details’ listed in the officers police reports held great sway over the court in their ruling. The smallest details add up support reasonable suspicion and probable cause. TOPIC: TERRY STOP & FRISK SCENARIO: Officers suspected Milton was involved in a string of burglaries. Responding to his apartment complex, in a high-crime area of the city they learned Milton lived in apartment 108. After knocking and identifying themselves they heard noises inside the apartment but no one answered. After a few minutes officers went to the parking lot to inspect Milton’s car. While in the parking lot a resident called to them that someone was running from apartment 108. Two officers ran back to the complex and encountered Hood who was facing a corner of the building with his back toward the officers. Although it was an unseasonably warm day, Hood was wearing a winter jacket and making motions as if he was trying to remove something from his inside jacket pocket. Believing that Hood might be reaching for a weapon, the officers drew their firearms and ordered Hood to the ground. On the ground Hood still appeared to be grasping for something inside his jacket. One of the officers asked Hood if he had a firearm underneath him. Hood replied, “I don’t know.” Officers handcuffed and frisked Hood removing a pistol from his right inside pocket of his jacket. Hood filed a motion to suppress saying there was no reasonable suspicion to stop and frisk him. 1. Was there enough reasonable suspicion to stop, detain, and frisk Hood for weapons? ANSWERS: United States Supreme Court v. Hood, 2014 U.S. App. LEXIS 24239 (10th Cir. Okla. Dec. 17, 2014) 1- Yes. The court listed the following as reasons to deny the motion to suppress: a. Officers were investigating a burglary in a high-crime area b. A resident of the apartment complex alerted officers that a person was running from the apartment where their suspect lived c. When confronting Hood he was wearing a winter jacket, despite the warm day d. Officers saw Hood fumbling in his jacket pockets which they believed might indicate he was attempting to remove a weapon e. Once Hood failed to fully comply with the officers’ commands, and told the officers he did not know whether he had a firearm in his jacket, the officers were justified in handcuffing and frisking him to determine whether he was armed. - 44 - TOPIC: REASONABLE SUSPICION/TIP SCENARIO: While driving between Nephi & Mona, Utah a motorist (informant) pulled behind an older white motorhome. The motorhome weaved in and out of its lane and varied its speed anywhere from 15 to 40 miles per hour. When given the chance the motorist passed the motorhome and observed a “little red-headed boy” behind the wheel. Once in front of the motorhome the motorist (informant) called a Juab County deputy he knew and informed him about the motorhome on Old Highway 91 with a “kid” who was perhaps eight to ten years old at the helm “weaving around and going slow and fast.” The deputy who was home at the time jumped into his patrol truck and within minutes was at an intersection with Old Highway 91 to observe. Shortly after arriving his informant drove by and about three blocks back an older white motorhome drove by. The driver was NOT a red-haired boy but an adult male with a goatee and dark bandana on his head. The deputy saw no traffic violation but stopped the motorhome anyway. Dennis Rose was driving with his wife and children one of which was red headed. Rose was arrested for DUI after failing FST and a PBT. The Defense appealed saying there was no reasonable suspicion to stop the motorhome. 1. Was there enough reasonable suspicion to stop the motor home? ANSWERS: Utah Court of Appeals Utah v. Dennis Gordon Rose February 26, 2015) 1. Yes. This is where, once again, the court brings up the ‘Totality of Circumstances.’ The defense attacked that the motorhome committed no traffic violation, there was no red-headed kid behind the wheel and the informants tip lacked specific information such as a license plate. The court spelled it out as to why they affirmed the decision: a. “To be lawful at its inception, the traffic stop must be supported by a reasonable suspicion that a person has been, is, or is about to be, engaged in criminal activity. State v. Roybal, 2010 Utah. b. “In reviewing a suppression ruling, we do not look at the information the officer possessed at the time of the stop in isolation, (emphasis added) but ‘look to the totality of the circumstances to determine whether, taken together, the facts warranted further investigation by the police officer.’” State v. Alverez, 2006 Utah. c. “The reasonable suspicion standard does not require that the officer actually observe the violation. Morris, 2011 Utah. d. “An informant’s tip creates reasonable suspicion if the information (1) is reliable, (2) provides sufficient detail of the criminal activity, and (3) is confirmed by the investigating officer.” State v. Prows, 2007 Utah. 2. The court said the defenses contention totally disregarded the ‘totality of circumstances’ of the appeal. They cited: Old Highway 91 was mere minutes away from where the deputy lived, while at the intersection his informant passed by, followed immediately by a motorhome. The deputy observed no other traffic on the highway. Based on those facts it was reasonable for the deputy to stop this motorhome. Police Traffic RADAR / LIDAR / VASCAR Instructor Certification Les Langford Master Instructor Law Enforcement Services, LLC (801) 785-0436 [email protected] Federal - State - Local - Military Agencies Services Provided Throughout the United States and Canada Vernal, Utah www.LawEnforcementServices.biz - 45- Utah Law Enforcement Memorial Honor Wall by Chief Sol Oberg Kaysville City Police, ULEM Board Member All give some, some give all. More than 130 police officers have lost their lives while in the performance of their sworn duties to the state of Utah. The Utah Law Enforcement Memorial bears the names of each of these officers in honor of their ultimate sacrifice. However, for each officer killed in the line-of-duty, in Utah, there are dozens of other officers whose lives were shortened by injuries sustained in the performance of their sworn duties. These officers too, gave all; it just took a little longer. On the night of April 15, 1990, Officer Lawrence Penrod was stuck by a passing motorist as he investigated a traffic crash. The 13year veteran of law enforcement suffered fractures to his face, ribs, spine, and right leg. Doctors were able to save his life, but the injuries effectively ended his career. Despite years of physical therapy that he hoped would one day enable him to return to the profession he loved, it was not to be. Officer Penrod’s injuries contributed significantly to his untimely death on February 5, 1997. Officer Penrod’s story is but one example of many experienced by law enforcement officers in Utah. In tribute to the sacrifices made by these officers, the Utah Law Enforcement Memorial sponsors the Honor Wall. Located in the western hallway of POST, the Honor Wall features photos and short biographies of officers who have been wounded or badly injured in the line-of-duty to such extent that their lives were shortened. To maintain the dignity and sanctity of the Honor Wall, the following generally define the criteria for an officer’s placement on the Honor Wall: 1. Formal submission to Utah Law Enforcement Memorial 2. Proof of sworn status at the time of injury or illness 3. Circumstances of the officer’s injury · In the case of exposure to disease or hazardous substances, the approximate time period when the officer was exposed and the duration or repetitive nature of exposure shall be identified 4. End of life; the injuries suffered must result in one or more of the following conditions: a. Remained in a coma until death b. Required constant care, such as confinement in a nursing home or other medical facility until death c. Was permanently confined to a bed, wheelchair, or use of prosthetic device d. Experienced a consistent decline in health connected to the injury suffered in the line of duty until his or her death e. Was performing a law enforcement duty-related function when stricken 5. Determination of cause of death 6. Verification of death - 46 - 7. Approval by vote of Utah Law Enforcement board of directors In March 1935, Salt Lake City Police Department Detective Walter Griffin was shot during a robbery. Though he survived the initial gunshot, his injuries he sustained significantly impacted his health and ultimately contributed to his death. Six months later, Salt Lake City Police Department Officer Blaine Baxter was killed while chasing a vehicle on his motorcycle. Today, we remember Officer Baxter on the Utah Law Enforcement Memorial. But Detective Griffin, who died less than a year after Officer Baxter, has been relegated to the shadows of history. Is there an officer from your agency, or perhaps an ancestor, whose pain and suffering to ensure the public’s safety that has been forgotten? Now you can do something about it; submit an officer’s name and honor wall criteria to the Utah Law Enforcement Memorial. Utah Law Enforcement Memorial 5671 S. Redwood Rd. #19 Taylorsville, UT 84123 www.utahsfallen.org Find us on Facebook: Utah Law Enforcement Memorial Is there an officer from your agency, or perhaps an ancestor, whose pain and suffering to ensure the public’s safety has been forgotten in the shadows of time? Now you can do something about it. Salt Lake Tribune, August 18, 1936 UTAH LAW ENFORCEMENT MEMORIAL UTAH LAW ENFORCEMENT MEMORIAL HONOR WALL HONOR WALL CONTACT INFORMATION 5671 S. Redwood Rd. #19 Taylorsville, UT 84123 Salt Lake City Police Department Detective Walter Griffin was shot during a robbery in March 1935. Six months later, Salt Lake City Police Department Officer Blaine Baxter was killed while chasing a vehicle on his motorcycle. Today, we remember Officer Baxter on the Utah Law Enforcement Memorial. Detective Griffin, who died less than a year after Officer Baxter, has been relegated to the shadows of history. www.utahsfallen.org Utah Law Enforcement Memorial For every officer killed in the line-of-duty in Utah, there are dozens of officers whose lives were shortened by their injuries. They gave all. It just took longer. - 47- SOME LAW ENFORCEMENT SACRIFICES TAKE TIME - 48 - Proud Support of Utah’s Law Enforcement and especially the Fallen Officer Ride that supports Utah’s Peace Officer Memorial at the State Capitol Join us August 16, 2015 for the 9th Annual Ride for the Fallen Officers. - 49- - 50 - 12th year of the Annual Kolob Mountain K9 training By Jason Thomas Cedar City PD This year marked the 12th year of the Annual Kolob Mountain K9 training. This training was started 12 years ago by myself and Sgt Ryan Bauer. Ryan was one of the three first initial K9 handlers for the UHP’s program, and I worked as his decoy. We saw the need to introduce K9’s and helicopters, and understood the value they played when utilized correctly together. We invited the UHP Aero Bureau, and asked if they would be willing to partner with us. Then Captain Steve Rugg graciously accepted our invitation. From that year on we have been supported by Major Mike Kuehn and UHP Chief Pilot Luke Bowman. This has been a partnership that has proven successful on several occasions. As the years have gone on we have seen a lot of the same faces make this training a priority. We appreciate their continued support, but love it when new handlers attend and experience this high quality training. On average we allow 15 dogs and handlers. We have teams attend from Arizona, Nevada, and Utah. This Training takes place in the mountains south of Cedar City. The Bauer family owns 3000 acres on Kolob Mountain, and they offer their cabins and property to us for the two day training. We focus this training around deploying with SWAT, and working around and deploying from a helicopter. During the two day training there are a variety of exercises including vehicle extractions, simmunitions, building searches, area searches, live fire exercises, obedience, problem solving, and SWAT movements. This year we added a hostage distract scenario that put the dogs and handlers to the test. In the afternoon of the first day I put together a large area search throughout the mountains. There are up to 10 decoys in this large area, and the handlers are sent out to find them within a 45 minute time limit. We randomly place the decoys out in the area, and alternate between being in bite suits, exposed sleeves, in trees, and for the brave decoy no equipment. All of the dogs are on line and safety is paramount. This has exposed some weaknesses in training programs, and the endurance of the dogs. The terrain is tough and not easy to get around in, which is exactly what we put our dog into in a real life deployment. The second day is set aside for the helicopter portion of the training. We start with a detailed safety briefing. The dogs became familiar with the helicopter with it stopped and running. This year we focused on loading the dogs from a more unstable platform. UHP Pilot Shane Oldfield would bring the helicopter down to where one skid was on the ground, and the helicopter was still under power. (Skid Loading) The goal was to disembark correctly and safely and still be able to deploy in a timely manner. For the scenario the helicopter then picked the K9 team up and transported them to a live fire situation. The dog heeled along with the handler and they engaged threats as they came up. Upon completion of the live fire course the team was picked up and brought to a situation where they had to use the lessons learned in the skid load training. A decoy was hiding in the area and they had to locate and apprehend him. The team then skid loaded on to the helicopter to extract from the area and fly back to the base. I personally have been deployed several times on the UHP helicopter, and with out this training I would not have been able have successful results. This training has proved its value and shown how K9 and helicopters can get the job done fast and safe. Lessons learned from this training were put to use just a couple months ago. We were chasing three armed - 51- felons in Southern Utah. These suspects had stolen a vehicle from Northern Utah, and a chase ensued. After a lengthy vehicle pursuit the suspects crashed and ran into the dark of the night. With the use of the helicopter they were located, and then with the use of K9 they were quickly apprehended. This capture was a direct result of the skills learned at this training. With the great support from the UHP Aero Bureau and our agencies, we are all safer and capable of doing our jobs more efficiently. As for us in Southern Utah when we have a patrol call, and the helicopter is deployed we put a dog on board. It’s a great resource. Traditionally this training takes place the second week of July. We invite all handlers reading this to attend. For the last three years the Utah Peace Officer Association has been a welcomed sponsor. We do this training for cost and anything left over is donated to the non-profit Friends of Iron County Police K9s. - 52 - Civil Rights Defense Our civil rights defense group is committed to providing the highest quality legal representation to law enforcement agencies in Utah. When your integrity as an officer is being attacked rely on us. We have been on your side for decades. Whether it’s a first amendment issue, police liability, or other civil rights matter, our experienced team is well versed in every aspect of civil rights defense. Our extensive knowledge of the complicated rules and regulations involved in civil rights cases can mean the difference in getting a successful outcome. With our experience, we work to resolve cases early by revealing weaknesses in the plaintiff’s case and narrowing the issues into a highly defensible position. scmlaw.com 10 Exchange Place, 11t h Floor Salt Lake City, Utah 84111 ..... 555 South Bluff Street, Suite 301 St. George, Utah 84770 - 53- For more information, contact Heather S. White Practice Group Leader (801) 322-9125 [email protected] Delta UPOA Pistol Competition April 11, 2015 By Tina Caudill High Master/Master/Expert Match 1 1st Les Langford 240 21x 2nd Dave Caudill 236 12x 3rd Larry Wehrli 234 11x Match 2 1st Les Langford 177 11x 2nd Larry Wehrli 171 3x rd 3 Dave Caudill 169 6x Match 3 1st Les Langford 2nd Dave Caudill 3rd Larry Wehrli 231 10x 182 3x 169 1x Match 4 1st Dave Caudill 228 6x 2nd Les Langford 227 4x 3rd Larry Wehrli 213 1x Match 5 1st Les Langford 573 22x 2nd Dave Caudill 537 13x rd 3 Larry Wehrli 526 17x Aggregate 1st Les Langford 2nd Dave Caudill 3rd Larry Wehrli 1448 68x 1352 40x 1313 33x Sharpshooter Match 1 1st Larry Gillett 238 17x 2nd Audrey Honaker237 18x 3rd Ken Broadhead 218 11x Match 2 1st Ken Broadhead 172 7x 2nd Audrey Honaker 171 6x 3rd Larry Gillett 168 5x Match 3 1st Audrey Honaker 221 4x 2nd Ken Broadhead 279 0x 3rd Larry Gillett 179 0x Match 4 1st Audrey Honaker229 7x 2nd Ken Broadhead 229 3x 3rd Larry Gillett 221 5x Match 5 1st Ken Broadhead 568 14x 2nd Audrey Honaker 563 16x 3rd Larry Gillett 536 14x Aggregate 1st Audrey Honaker 1421 51x 2nd Ken Broadhead 1366 35x 3rd Larry Gillett 1342 41x Kids these days are growing up in an online world. Children as young as two are using tablets, mobile phones and computers. 93% of teens (12-17) are online and 63% of teen internet users are online every day. The online world is changing quickly and parents are struggling to keep up on what their kids are doing and who they are talking to. So what can parents do to limit the negative messages their children are exposed to online? This is where Utah’s Child Protection Registry comes in. In 2005, the Utah State legislature voted to create a registry where parents can register their email addresses, cell phone numbers and instant messenger ID’s to block adult advertising from targeting their family’s inboxes. Companies marketing products and services such as alcohol, tobacco, pornography, online gambling and illegal drugs will not be able to send their advertisements to those Utahns who have opted out of such messages. Current spam filters direct this kind of content to a folder in your inbox while the Utah Child Protection Registry prevents you from ever receiving them in the first place. Here’s what you do- log onto https://donotcontact.utah.gov register the email addresses and cell phone numbers you want to protect and that’s it! The service is fast, easy and best of all completely FREE. The Registry will not solve all of the problems faced by parents, but it will give families one extra layer of protection from harmful enticements. In an online world that is swiftly moving, isn’t it nice to know that at least your emails and cell phones are protected? - 54 - Marksman Match 1 1st Dave Jacobsen 237 2nd Bert Reeve 224 Match 4 1st Dave Jacobsen 226 2nd Bert Reeve 202 12x 6x Match 2 1st Dave Jacobsen 171 3x 2nd Bert Reeve 102 0x Match 3 1st Dave Jacobsen 2nd Bert Reeve 199 1x 122 1x 2x 2x Match 5 1st Dave Jacobsen 528 15x 2nd Bert Reeve 322 7x Aggregate 1st Dave Jacobsen 2nd Bert Reeve 1361 33x 972 16x Auto Master/Expert Match 1 1st Phil Vollmer 238 19x 2nd Les Langford 233 12x Match 2 1st Phil Vollmer 177 13x 2nd Les Langford 177 9x Match 3 1st Phil Vollmer 2nd Les Langford 225 3x 221 3x Match 4 1st Phil Vollmer 232 8x 2nd Les Langford 228 10x Match 5 1st Phil Vollmer 585 26x 2nd Les Langford 576 23x Aggregate 1st Phil Vollmer 2nd Les Langford 1457 69x 1435 57x Sharpshooter Match 1 1st Dan Roberts 239 15x 2nd Dennis Decker 238 12x Match 2 1st Dennis Decker 170 3x 2nd Dan Roberts 169 2x Match 3 1st Dennis Decker 2nd Dan Roberts 227 6x 213 4x Continued Next Page - 55- Match 4 1st Dennis Decker 227 5x 2nd Dan Roberts 213 4x Match 5 1st Dan Roberts 554 17x 2nd Dennis Decker 546 20x Aggregate 1st Dennis Decker 2nd Dan Roberts Marksman Match 1 1st Tom Mitchell 239 21x 2nd Ken Broadhead 234 12x 3rd Dave Caudill 234 11x Match 2 1st Audrey Honaker 168 2x 2nd Ken Broadhead 166 4x 3rd Dave Caudill 163 1x Match 3 1st Audrey Honaker 203 3x 2nd Garrett Simon 171 1x 3rd Tom Mitchell 168 1x Match 4 1st Audrey Honaker223 3x 2nd Ken Broadhead 222 4x 3rd Larry Gillett 215 3x Match 5 1st Audrey Honaker 220 13x 2nd Ken Broadhead 535 14x 3rd Dave Caudill 510 11x Aggregate 1st Audrey Honaker 1373 30x 2nd Ken Broadhead 1324 34x 3rd Dave Caudill 1274 25x 1408 46x 1401 43x Big Horn Lodge Proud Sponsor of the 2014 Fallen Peace Officer Trail Ride On Route 191 in Moab, this lodge-style motel features a heated outdoor pool and free Wi-Fi. Arches National Park is just 4 miles away. Cable TV, a microwave and a refrigerator are available in each wood-furnished room of the Big Horn Lodge. A coffee maker and an iron are also included. 550 South Main Street, Moab, UT 84532 - 56 - STIRBA, P.C. Taking Pride In Working With Law Enforcement Agencies The Stirba law firm takes great pride in our work defending law enforcement agencies in the State of Utah. Our firm specializes in representing officers and agencies in areas such as civil rights, qualified immunity, state constitutional issues, the Utah Governmental Immunity Act, and providing guidance on compliance issues. Due to our unique practice expertise, we know how difficult it is to serve in law enforcement and we feel honored and privileged to represent officers and agencies. We hope we can assist our local law enforcement agencies to create a safer community. Thank you for your sacrifice, service and willingness to put yourself in harm’s way to protect the safety of our communities. 215 South State Street, Suite 750 Salt Lake City, Utah 84111 P: 801-364-8300 F: 801-364-8355 - 57- Practice Areas Civil Rights Qualified Immunity State Constitutional Issues The Utah Governmental Immunity Act Midwinter 2015 For all the pictures, please like Utah Peace Officers Association on Facebook and enjoy the pictures under “Midwinter 2015” UPOA President Elect Doug Eastman UPOA President Dan Roberts Washington County Sheriff’s Office Honor Guard Excellent Training Presented by: The Nobility of Policing presented by Franklin Covey LEFR-TCCC (LE First Response Tactical Casualty Care) - Justine Young and Keith Jenkins - 58 - Russ Lee Blake Hamilton Department of Corrections - Spencer Turly and Kirk Christensen Left to Right: Juab County’s Deputies Al Taylor, Kellem Worwood, and Rod Thompson with UPOA’s Vice President Erice Whitehead, Immediate Past President Del Schlosser and President Dan Roberts Utah Peace Officers Association Medal of Honor Recipients: Left to right: Juab County Deputy Kellem Worwood, Juab County Deputy Al Taylor and Juab County Deputy Rod Thompson (Sgt. Craig Ryan is not pictured) The Utah Peace Officers Association presents the MEDAL of HONOR award to four officers of the Juab County Sheriff’s Office, for his actions on January 30, 2014. Juab County Deputy Kellem Worwood, Juab County Deputy Al Taylor and Juab County Deputy Rod Thompson and Juab County Sgt. Craig Ryan joined in the chase and apprehension of Jose Angel Garcia-Jaurequi, who earlier had taken the life of Utah County Sheriff’s Deputy Sergeant Cory Wride and critically injured and Utah County Sheriff’s Deputy Greg Sherwood. Garcia-Jaurequi was continuing in his attempt to murder other innocent victims in Juab County. At the conclusion of the chase, the deputies advanced and took the necessary steps to engage Garcia-Jaurequi in a gun battle without regard for their own safety and courageously brought the incident to a successful conclusion. They risked their own lives in order to protect the public from further danger. - 59- Left to right: Syracuse City Police Sgt. Lance Call, Chief Garret Atkin, Officer Stan Penrod The Utah Peace Officers Association presents the PRESIDENT’S AWARD to Sergeant Lance Call of the Syracuse Police Department for his actions on January 24, 2014. The Syracuse Police Department was dispatched on a report of a young boy who had fallen through the ice on the pond at At the time, off duty. Sergeant Call Jensen Park. was at the park When he noticed what was happening, Sergeant Call immediately went to assist Officer Stan Penrod. When the boy was eventually pulled to safety, Sergeant Call removed his own shirt, placed it on the boy, and held the boy close to his body to warm him. Sergeant Call’s actions demonstrated that a police officer is never truly off duty and he showed a high level of compassion for the child. The Utah Peace Officers Association presents the MEDAL of VALOR award to Officer Stan Penrod of the Syracuse Police Department for his actions on January 24, 2014. Officer Penrod was dispatched on a report of a young boy who had fallen through the ice on the pond at Jensen Park. When he arrived, the boy was struggling in the water. Officer Penrod attempted to throw the boy a rope but the rope was too short. Officer Penrod then made the decision to put his life in danger to save the boy. In an attempt to get closer, Officer Penrod stepped onto the ice. Seconds later, the ice collapsed and he fell into the freezing water. Officer Penrod maintained his composure, stayed focused on the boy, and gave him clear and calming instructions. Eventually, others in the park were able to assist Officer Penrod with a longer rope and the boy was pulled to safety. Officer Penrod’s actions in this situation were truly heroic. - 60 - Memorial List of Officers who passed away in 2014 as compiled by Toni Gillett ANDERSEN, Dennis CliffordSLC PD BAIR, Lowell E. UHP/R BENIS, Eva ElaineSL CO Jail/R BIRCH, Mark L.Ogden PD/UHP/R BRADSHAW, FloydCorrections BRADY, Darrell B.SL CO SO BRAEGGER, John BrentChief, Willard PD/UHP/R BROADHEAD, John MaxSLC PD/R BURGON, Horace “Lynn”SLC PD/Midvale PD BURNETT, JerryOgden PD/R BUZICK, ChuckOgden PD/R CLINE, Frank LewisW.Layton PD CROSLAND, Bryant W.Sheriff, Millard CO. CRYDER, Elizabeth VanceSLC PD FARLEY, Floyd UHP/R FARNSWORTH, Gordon G. UHP/R FERRIN, James ClintonSLC PD GABBITAS, ColleenCorrections/R GILLEN, Calvin GrantChief, Murray PD GOODRICH, Reid HerbertSLC PD GOUGE, Florence C.SL CO SO GREEN, Bryant ThomasCorrections GWYNN, Clyde CleonNO SL PD/Univ. Utah/PD HANSEN, SteveTooele CO SO HELM, Roy McCabeSuperintendent, UHP HOBBY, Edward EarleWarden, Gunnison Prison HOLT, Earl “Dale”Corrections HOLT, Matthew JaySouth Jordan PD HORSLEY, Albert RossSheriff, Carbon CO/Price PD/R HUNSAKER, DougCache CO SO/Corrections/R HUNTER, Ronald GeorgeSL CO SO/R ILLSLEY, Charles P.SO SL PD/West Valley PD JONES, Susan MaryDept. Public Safety KERSHAW, LarrySLC PD KERSHAW, William HaroldFederal Police, Utah KIRKHAM, Dean A. UT CO SO LaBOUNTY, Paul Eugene Bingham Canyon PD/SL CO SO LUND, Lynn J.SLC PD/SL CO SO MARTINEZ, Joe S.West Jordan PD MEIK, Kevin S.SLC PD MONTOYA, GilbertSLC PD/R NORDFELT, Dennis J. UHP/West Valley PD NUNN, William AllenSLC PD/SL CO SO O’DONNELL, Richard HaysSLC PD O’NEAL, Casey JamesSL CO SO/Corrections PADGETT, James B.Corrections PERRYMAN, GlennCorrections REDMOND, L. Spencer UHP/R/Garland PD SHUMWAY, Nyle BirdOrem PD SPARKES, Wilford S. “Sparky”SLC PD STAFFLUND, Ernest EdwardCorrections - 61- Toni Gillett PSA #269 June 2, 2014 - August 11, 2014 Graduation - August 13, 2014 Lt. Chris Mickelson No. 1 2 3 4 NameAgency Ashinhurst, Logan UDC Barnett, Rebeccah Davis Bass, Benjamin UDC Beckstrom, Christopher Utah STEWART, WallyCorrections STICKLEY, JeffCorrections TURNER, Lynn H.Murray City PD VACLAVIK, Felix A.Corrections WATROUS, Earl ReynoldsSL CO SO WILSON, Ronald UHP WRIDE, Cory UT CO SO WRIGHT, Jeffrey CrawfordSO SL PD/UNLEB/AG-INV. YOUNG, William “Gary”SL CO SO Gone, but not forgotten A Great Big Thank you to the following Associations for their sponsorship of Fallen Officers during the 2015 Fallen Peace Officer Trail Ride: Emery County Sheriff Deputy Care Fund Salt Lake City Police Department Sergeants Association Utah Law Enforcement Memorial Weber County Sheriff’s Office Sergeant’s Fund Weber County Sheriff’s Office - 62 - CONCRETE THAT’S MADE TO LAST S ome things are built to stand the test of time. Growing up out of the heart of downtown Provo, the NuSkin Innovation Center was built on a solid foundation made from the best concrete on Earth. This $100 million dollar expansion project boasts state-of-the-art design constructed with the highest quality building materials, and Geneva Rock is proud to provide the concrete that holds it all up. (801) 765-7800 • 1565 West 400 North, Orem Utah 84057 • www.genevarock.com Stewart Machine & Welding 435-789-6080 • 1218 E 135 South • Vernal, Utah - 63- Lovely Thought for Mom Leaves This Bumbling Burglar Out in the Cold by Paul St. John Fleming Twenty-six-year old Jasper had hoped to buy his divorced mother a new washing machine for her birthday. But his plan to pay cash hit a snag when he was fired from his temporary job. The birthday was a week away. He had $90 and change. “I’ll get that Maytag for mom even if I have to steal it,” the ex-con promised himself. At 11:55 on a snowy night in January, one of Jasper’s former cell mates picked him up in an Astro van at the house he shared with his mother. They drove to the small appliance store the experienced thief had cased out earlier in the day. The driver pulled around back. Two mid-sized trucks were parked close to the dimly lit building. “They’re loaded with the morning deliveries,” Jasper whispered to his pal as he slipped out of the van with his burglary tools. He broke the lock on the rear doors of the closest truck and shined his flashlight inside. His eyeballs sprung from their sockets when he spotlighted a Maytag washer strapped to a dolly in the back corner. It was the only appliance on board. When he turned around to relay the good news, his husky helpmate was gone. And so was the transport vehicle. Jasper was flexible. He hot-wired the truck and drove it home. Instead of stopping in front of his house, he turned into the field across the street. The unauthorized delivery man was going to park the rig, borrow the dolly and roll the washing machine over to the shed behind his garage. Unfortunately, the truck got stuck in a snow bank on the far side of the lot. “Too risky. I’ve got to be closer to the house,” he said as he pressed on the gas pedal. His efforts failed. At 12:45 a.m., I was patrolling a two-lane highway when I noticed a flicker of red taillights in the open patch of land. I rounded the corner and concealed my car behind a real estate billboard. Three times I caught the driver doing the felony-look-around before he gunned the engine. “Bravo 13,” I called on the radio. “I think we have a naughty boy in a stolen commercial van. He’s stalled in the snow on private property. Send me back up.” It had been a slow night. Cops were probably hiking in from Yellowstone. I rolled into the field and positioned my cruiser behind the truck. An adult male in a hooded parka promptly bailed out of the cab and attempted to run. He made it three feet. His boots sunk in the snow and he toppled forward on his hands and knees. I was reaching for my handcuffs when a trio of squad cars squealed in. They beamed their headlights and lit up the man’s best side. The suspect was taken into custody and placed in my patrol car. I kept an eye on him while the sergeant ran his name for priors and contacted the owner of the appliance shop. Realizing there was no way he could talk himself out of this mess, Jasper bent my ear with a full confession. When my supervisor finally got off his cell phone, he poked his head inside my vehicle and informed the prisoner, “I just talked to the Maytag Man. The guy said that washer you stole was picked up yesterday from a residence. The customer claimed it didn’t work.” Paul St. John Fleming was born and raised in Liverpool, England, He was a local radio announcer in the 1970s. He was a correctinal officer at the Salt Lake County Jail. He retired as a 20-year vertan Salt Lake County Deputy Sheriff. Mr. Fleming was a Law Enforcement Columnist for the Salt Lake Tribune for over six years and is the author of the book “Beween Donuts.” All of his articles are true. - 64 - 2041 S 5070 W SALT LAKE CITY, UTAH 801-746-7133 - 65- We appreciate these Supportive Advertisers - Please support them AA&A Process Service Sandy, Utah 801-652-2677 ALLIANCE LAUNDRY EQUIPMENT, 3838 SO STATE, SLC 801-266-7086 Builders Essentials, Inc., Orem, UT Carlyle Smith DAVID KELLY, ChFC, National Life Insurance, 4021 S 700 E Ste 600, SLC 801-484-6645 Food Analytical Laboratory, Ogden Frank Oscanoa Froerer & Miles, 707 24th St. #A Ogden, 801-621-2690 Gunnison Telephone Co. 29 S Main, Gunnison, UT HADLEY BROTHERS PAINTING, INC., 1676 W 2100 S, OGDEN, UT 801-731-7832 InterGlobal, 455 E 400 S #202 SLC, UT. 801-487-2499 Performance Emissions 4220 S State St #B, SLC, UT Intermountain Stone & Marble 146 E 3900 S, SLC, 801-266-4241 Ra-Elco, 2780 S Main St., SLC, UT 801-487-7749 Jenny Xuan Ly Randall Johnson Towing Salina, Ut, 435-529-3600 Jose A. Loayza Law, 5689 S Redwood SLC,UT, 801-266-2828 Lagher Auto Repair, 4656 S 160 W Murray, UT, 801-266-1155 Scoggins & Scoggins Violin Shop 302 E 900 S, SLC, UT, 801-328-8341 Steve’s Intermountain Service Center 395 S State, Provo, 801-373-6035 Legacy Retirement Residence 1617 West Temple Lane South Jordan, UT, 801-253-4556 Vaud Hanks & Sons, 229 S Main Springville, UT, 801-489-9310 LIGORIS PIZZA 4421 S HARRISON BLVD OGDEN, UT, 801-476-0476 WILDFLOWERS BED & BREAKFAST. 936 E. 1700 S.. SLC, UT 801-466-0600 Little Scholar Day Care 653 E Simpson Ave., SLC, UT 801-699-3195 Wolcott Optical Service 3145 S Highland Dr., SLC, UT 801-485-4474 M & M Service4804 S Redwood Rd Taylorsville, UT, 801-969-0225 Hendricksen Painting, 960 W Jewell, SLC, UT, 801-908-7607 MADDOX RANCH HOUSE 1900 S. HWY 89, PERRY, UT 435-723-8545 HK Composites, Inc., (801) 763-0907 679 East 220 North, American Fork, Moss Industrial, 1462 W 1500 S Woods Cross, UT, 801-292-6846 Hy & Mike’s Pawn Shop 505 S Redwood Rd, SLC UT Pacific Water, 801-485-6510 200 W HAVEN AVE. SLC, UT 1170 South 4400 West Salt Lake City, Utah - 66 - BODY CAMERAS: Information from the Force Science Institute Editor’s note: In light of recent high profile use-of-force news, increasing pressure for departments to adopt body cameras and a noticeable increase in requests for additional copies of the following Force Science Institute report, we are retransmitting this piece. It is important to note that we are not taking a position against body cameras. We feel that they can provide information that can be helpful to investigators. However, they can be fraught with limitations that MUST be understood in order to ensure fair, accurate and thorough investigations. Please note that key issues related to limitations of body cameras will also be discussed in detail in upcoming Force Science Certification Courses. [Feel free to widely disseminate the following article, originally transmitted 09-23-14] 10 limitations of body cams you need to know for your protection A special report from the Force Science Institute The idea is building that once every cop is equipped with a body camera, the controversy will be taken out of police shootings and other uses of force because “what really happened” will be captured on video for all to see. Well, to borrow the title from an old Gershwin tune, “It Ain’t Necessarily So.” There’s no doubt that body cameras--like dash cams, cell phone cams, and surveillance cams--can provide a unique perspective on police encounters and, in most cases, are likely to help officers. But like those other devices, a camera mounted on your uniform or on your head has limitations that need to be understood and considered when evaluating the images they record. “Rushing to condemn an officer for inappropriate behavior based solely on body-camera evidence can be a dicey proposition,” cautions Dr. Bill Lewinski, executive director of the Force Science Institute. “Certainly, a camera can provide more information about what happened on the street. But it can’t necessarily provide all the information needed to make a fair and impartial final judgment. There still may be influential human factors involved, apart from what the camera sees.” In a recent conversation with Force Science News, Lewinski enumerated 10 limitations that are important to keep in mind regarding body-camera evidence (and, for the most part, recordings from other cameras as well) if you are an investigator, a police attorney, a force reviewer, or an involved officer. This information may also be helpful in efforts to educate your community. 1. A camera doesn’t follow your eyes or see as they see. At the current level of development, a body camera is not an eye-tracker like FSI has used in some of its studies of officer attention. That complex apparatus can follow the movement of your eyes and superimpose on video small red circles that mark precisely where you are looking from one microsecond to the next. “A body camera photographs a broad scene but it can’t document where within that scene you are looking at any given instant,” Lewinski says. “If you glance away from where the camera is concentrating, you may not see action within the camera frame that appears to be occurring ‘right before your eyes.’ “Likewise, the camera can’t acknowledge physiological and psychological phenomena that you may experience under high stress. As a survival mechanism, your brain may suppress some incoming visual images that seem unimportant in a life-threatening situation so you can completely focus very narrowly on the threat. You won’t be aware of what your brain is screening out. “Your brain may also play visual tricks on you that the camera can’t match. If a suspect is driving a vehicle toward you, for example, it will seem to be closer, larger, and faster than it really is because of a phenomenon called ‘looming.’ Camera footage may not convey the same sense of threat that you experienced. - 67- “In short, there can be a huge disconnect between your field of view and your visual perception and the camera’s. Later, someone reviewing what’s caught on camera and judging your actions could have a profoundly different sense of what happened than you had at the time it was occurring.” 2. Some important danger cues can’t be recorded. “Tactile cues that are often important to officers in deciding to use force are difficult for cameras to capture,” Lewinski says. “Resistive tension is a prime example. “You can usually tell when you touch a suspect whether he or she is going to resist. You may quickly apply force as a preemptive measure, but on camera it may look like you made an unprovoked attack, because the sensory cue you felt doesn’t record visually.” And, of course, the camera can’t record the history and experience you bring to an encounter. “Suspect behavior that may appear innocuous on film to a naive civilian can convey the risk of mortal danger to you as a streetwise officer,” Lewinski says. “For instance, an assaultive subject who brings his hands up may look to a civilian like he’s surrendering, but to you, based on past experience, that can be a very intimidating and combative movement, signaling his preparation for a fighting attack. The camera just captures the action, not your interpretation.” 3. Camera speed differs from the speed of life. Because body cameras record at much higher speeds than typical convenience store or correctional facility security cameras, it’s less likely that important details will be lost in the millisecond gaps between frames, as sometimes happens with those cruder devices. “But it’s still theoretically possible that something as brief as a muzzle flash or the glint of a knife blade that may become a factor in a use-of-force case could still fail to be recorded,” Lewinski says. Of greater consequence, he believes, is the body camera’s depiction of action and reaction times. “Because of the reactionary curve, an officer can be half a second or more behind the action as it unfolds on the screen,” Lewinski explains. “Whether he’s shooting or stopping shooting, his recognition, decision-making, and physical activation all take time--but obviously can’t be shown on camera. “People who don’t understand this reactionary process won’t factor it in when viewing the footage. They’ll think the officer is keeping pace with the speed of the action as the camera records it. So without knowledgeable input, they aren’t likely to understand how an officer can unintentionally end up placing rounds in a suspect’s back or firing additional shots after a threat has ended.” 4. A camera may see better than you do in low light. “The high-tech imaging of body cameras allows them to JJ and Shouyu Wang Proud Sponsor of the 2014 & 2015 Fallen Peace Officer Trail Ride - 68 - record with clarity in many low-light settings,” Lewinski says. “When footage is screened later, it may actually be possible to see elements of the scene in sharper detail than you could at the time the camera was activated. “If you are receiving less visual information than the camera is recording under time-pressured circumstances, you are going to be more dependent on context and movement in assessing and reacting to potential threats. In dim light, a suspect’s posturing will likely mean more to you immediately than some object he’s holding. When footage is reviewed later, it may be evident that the object in his hand was a cell phone, say, rather than a gun. If you’re expected to have seen that as clearly as the camera did, your reaction might seem highly inappropriate.” On the other hand, he notes, cameras do not always deal well with lighting transitions. “Going suddenly from bright to dim light or vice versa, a camera may briefly blank out images altogether,” he says. 5. Your body may block the view. “How much of a scene a camera captures is highly dependent on where it’s positioned and where the action takes place,” Lewinski notes. “Depending on location and angle, a picture may be blocked by your own body parts, from your nose to your hands. “If you’re firing a gun or a Taser, for example, a camera on your chest may not record much more than your extended arms and hands. Or just blading your stance may obscure the camera’s view. Critical moments within a scenario that you can see may be missed entirely by your body cam because of these dynamics, ultimately masking what a reviewer may need to see to make a fair judgment.” 6. A camera only records in 2-D. Because cameras don’t record depth of field--the third dimension that’s perceived by the human eye--accurately judging distances on their footage can be difficult. “Depending on the lens involved, cameras may compress distances between objects or make them appear closer than they really are,” Lewinski says. “Without a proper sense of distance, a reviewer may misinterpret the level of threat an officer was facing.” In the Force Science Certification Course, he critiques several camera images in which distance distortion became problematic. In one, an officer’s use of force seemed inappropriate because the suspect appears to be too far away to pose an immediate threat. In another, an officer appears to strike a suspect’s head with a flashlight when, in fact, the blow was directed at a hand and never touched the head. Proud Supporter of the 2014 & 2015 Fallen Officer Trail Ride Reservations: (800) 341-9359 Near Arches & Canyonlands National Parks Welcome to Aarchway Inn Moab lodging, Utah’s Adventure Destination. Aarchway Inn is a 97-room Moab lodging facility nestled between the picturesque red rock cliffs and buttes of the Colorado River. We are two miles from Arches National Park and 30 minutes from Dead Horse Point and Canyonlands National Park. Premium Moab lodging located less than one mile from Moab’s finest restaurants, with guest shuttle service. We also serve a complimentary hot breakfast and offer indoor secure storage for bicycles. - 69- “There are technical means for determining distances on 2-D recordings,” Lewinski says, “but these are not commonly known or accessed by most investigators.” 7. The absence of sophisticated time-stamping may prove critical. The time-stamping that is automatically imposed on camera footage is a gross number, generally measuring the action minute by minute. “In some highprofile, controversial shooting cases that is not sophisticated enough,” Lewinski says. “To fully analyze and explain an officer’s perceptions, reaction time, judgment, and decision-making it may be critical to break the action down to units of one-hundredths of a second or even less. “There are post-production computer programs that can electronically encode footage to those specifications, and the Force Science Institute strongly recommends that these be employed. When reviewers see precisely how quickly suspects can move and how fast the various elements of a use-of-force event unfold, it can radically change their perception of what happened and the pressure involved officers were under to act.” 8. One camera may not be enough. “The more cameras there are recording a force event, the more opportunities there are likely to be to clarify uncertainties,” Lewinski says. “The angle, the ambient lighting, and other elements will almost certainly vary from one officer’s perspective to another’s, and syncing the footage up will provide broader information for understanding the dynamics of what happened. What looks like an egregious action from one angle may seem perfectly justified from another. “Think of the analysis of plays in a football game. In resolving close calls, referees want to view the action from as many cameras as possible to fully understand what they’re seeing. Ideally, officers deserve the same consideration. The problem is that many times there is only one camera involved, compared to a dozen that may be consulted in a sporting event, and in that case the limitations must be kept even firmer in mind. 9. A camera encourages second-guessing. “According to the U. S. Supreme Court in Graham v. Connor, an officer’s decisions in tense, uncertain, and rapidly evolving situations are not to be judged with the ‘20/20 vision of hindsight,’ “ Lewinski notes. “But in the real-world aftermath of a shooting, camera footage provides an almost irresistible temptation for reviewers to play the coulda-shoulda game. “Under calm and comfortable conditions, they can infinitely replay the action, scrutinize it for hard-to-see detail, slow it down, freeze it. The officer had to assess what he was experiencing while it was happening and under the stress of his life potentially being on the line. That disparity can lead to far different conclusions. “As part of the incident investigation, we recommend that an officer be permitted to see what his body camera and other cameras recorded. He should be cautioned, however, to regard the footage only as informational. He should Vehicle Lighting Solutions Warehouse & Sales Showroom 12577 South 265 West Suite 1A Draper, UT 84020 Email: [email protected] Phone: 800-748-4484 Fax: 801-676-4993 Proud Sponsor of the 2014 & 2015 Fallen Peace Officer Trail Ride - 70 - not allow it to supplant his first-hand memory of the incident. Justification for a shooting or other use of force will come from what an officer reasonably perceived, not necessarily from what a camera saw.” [For more details about FSI’s position on whether officers should be allowed to view video of their incidents, see Force Science News #114 (1/17/09). You will find online it at: www.forcescience.org/fsnews/114.html] 10. A camera can never replace a thorough investigation. When officers oppose wearing cameras, civilians sometimes assume they fear “transparency.” But more often, Lewinski believes, they are concerned that camera recordings will be given undue, if not exclusive, weight in judging their actions. “A camera’s recording should never be regarded solely as the Truth about a controversial incident,” Lewinski declares. “It needs to be weighed and tested against witness testimony, forensics, the involved officer’s statement, and other elements of a fair, thorough, and impartial investigation that takes human factors into consideration. “This is in no way intended to belittle the merits of body cameras. Early testing has shown that they tend to reduce the frequency of force encounters as well as complaints against officers. “But a well-known police defense attorney is not far wrong when he calls cameras ‘the best evidence and the worst evidence.’ The limitations of body cams and others need to be fully understood and evaluated to maximize their effectiveness and to assure that they are not regarded as infallible ‘magic bullets’ by people who do not fully grasp the realities of force dynamics.” Our thanks to Parris Ward, director and litigation graphics consultant with Biodynamics Engineering, Inc., for his help in facilitating this report. Two good reads by Jeffery J. Denning Available oatAmazon.com Warrior SOS details the war experiences of military veterans in their own words, with a focus on faith, healing and recovery. Combat veterans of Afghanistan, Iraq and other wars courageously share their stories of tragedy, injury, and post-traumatic stress (PTSD). Veterans, as well as family members and advocates, tell how war has changed them and offer suggestions to help heal the combat wounded soul. Leaders Wanted offers heartfelt and amusing stories, helpful observations and well-established anecdotes outlining leadership priorities in the TwentyFirst Century and beyond. Leaders Wanted gives compelling insights regarding individual choice, personal responsibility and moral courage. From overcoming personal obstacles to interacting with others, author Jeffrey Denning, an experienced law enforcement officer and former military officer, creatively delves into topics such as self-awareness, choice, morality, individual growth, time management, faith, communication, personal desire, and the power to carry on. From supervisory remedies to the challenge of dealing with difficult managers, Leaders Wanted helps individuals regardless of career status or employment. This book is as helpful for the housewife as it is for the business chief executive. - 71- 10 Auto Insurance Tips that Could Steer You to Savings As the summer heats up, your wallet might also be overheating. You’re trying to save for a fabulous vacation, there are still some lingering bills from the holidays and you just got your annual auto insurance renewal. Don’t fret, here are some money saving auto insurance tips from California Casualty that you may not know about: 1. Combine your insurance. Insurance companies like California Casualty offer discounts when your home or renters insurance is combined with your automobile insurance. 2. Increase your deductibles. Sure, the amount you will pay will be a little more if something happens to your vehicle, but the amount you’ll save each month could be add up to much more, especially if you are incident free for a number of years. Just make sure you have an emergency fund to cover that higher deductible. 3. Check for good driver/good student discounts. Speaking of incident free, when’s the last time you had an accident or a moving violation. Most insurance companies will give you a good driver discount, but make sure you tell them. The same goes for students who get good grades. 4. Take a defensive driving course. Whether you are a new driver or had your license for decades, it’s always good to refresh your skills when it comes to icy or wet roads, merging into traffic, avoiding traffic slow-downs or a child running into the roadway. Plus, you often qualify for insurance savings when you show proof you have completed one of these safe driving programs. 5. Check insurance costs when buying a new vehicle. Many vehicles will cost you less; others will increase your premiums. It depends on numerous criteria from the power of the engine, the model’s safety rating and the loss history of that particular vehicle. The Insurance Institute for Highway Safety and Loss Data Institute rates vehicles for safety every year. It’s always a good idea to contact your insurance company and ask them what buying that dream car will cost you in future insurance premiums. 6. Clean up your credit. Many insurance companies look at your credit score and how well you do in paying your bills. The better your credit score, the better rate you are likely to receive. Clean credit also helps when you want to buy a new car, rent or buy a home, etc. 7. Cut your driving. Ride a bike, take mass transit or move closer to where you work. How many miles you drive each year can affect your auto insurance rates; the less you drive, the greater the possible discount. 8. Pay your premium in full each year. Not only can you get a discount but you will avoid monthly service charges. 9. Get a policy review. Has your commute changed? Did you install a security device? Did you get married? All of these can lower the rate you pay for insurance. Talking with your insurance advisor at least once a year is the best way to make sure you get the discounts you’re entitled to. 10.Compare your current insurance to California Casualty. We are pretty certain that when you stop and compare benefits and prices, that California Casualty will be right there with the best of them. Why? We are a 100 year old, policyholder owned company that provides auto and home insurance to law enforcement officers with exclusive benefits not available to the general public. We’ve been endorsed by law enforcement groups like the UPOA because of our competitive rates and policies that reflect their members’ professional lifestyles. This means: · Deductibles waived or reduced for vandalism or accidents that occur where you work · Personal property damaged or lost in a collision, fire or taken from your car is covered up to - 72 - Utah Law Enforcement Memorial License Plate These are not just for law enforcement By Danny Driggs We have started taking license plate applications again! We have support on both sides of the legislature. The bill for our license plate did not make it through the 2015 legislative session - they ran out of time. Our goal still is to have our 500 applications, as required by state law, ready to go by the time the bill is presented again in 2016. At this time we will be taking applications only, NO MONEY. When we have our 500 we will start collecting the money. This is being done to avoid dealing with the issue of expiring checks as we did when we started this in 2012. In section 1 you need to put “Utah Law Enforcement Memorial” under “Name of the special group plate” and “Utah Law Enforcement Memorial Inc” under “Name of the sponsoring organization”. The rest of the boxes are for your personal and vehicle information. Again, DO NOT SENT ANY MONEY OR CHECKS AT THIS TIME. Just the filled-out application. Please make sure you fill it out as completely as possible. We will be relying on the contact info you put on this form if we find any issues with your app and need to contact you about it. Please send your applications to; ULEM, C/O Danny Driggs, P.O. Box 13000, Ogden, UT 84412 For questions you can message this page, send an e-mail to [email protected] or [email protected] or call or text 801-528-2544. Tax Form at: http://tax.utah.gov/forms/current/tc-203.pdf NOBODY DOES MEXICAN FOOD BETTER! RESTAURANT • TAKE OUT Mexican Food Homemade Fresh Daily •Generous Portions • Reasonable Prices No w at 7 Lo ca tio ns ! OPEN FOR BREAKFAST • LUNCH • DINNER DAILY LUNCH SPECIALS Open 7 Days Sun. - Thur. 10 a.m. to 10 p.m. Fri. & Sat. 10 a.m. to 11 p.m. 370 West 500 South • Bountiful 1236 West 400 South • Salt Lake City 1434 South 700 West • Salt Lake City 1250 East 3300 South • Salt Salk City 3784 West 3500 South • West Valley 61 West 10600 South • Sandy 494 South Main • Tooele - 73- No 298-9300 532-3158 974-0172 463-7770 967-9905 553-9500 (435) 882-0000 w at 7L oc at ion s! Box Elder’s Yeates gets send-off from police comrades SUNDAY , JANUARY 11, 2015 - 10:45 PM by Tim Gurrister BRIGHAM CITY — Sheriff Lynn Yeates got a rousing send-off at his funeral in the Box Elder LDS Stake Center here Saturday which drew a crowd of almost a thousand, including fellow police officers from all across the state. But not before some stories were told that startled his bishop. Yeates, 68, died of a heart attack Tuesday, ending 40 years with the Box Elder County Sheriff›s Office where he held virtually every position there at one time or another. A cortege led by at least 70 police vehicles, including motorcycle officers from the Ogden Police Department, Weber County Sheriff›s Office, Utah Highway Patrol, and the Salt Lake City Police Department, conveyed Yeates to his final resting place in his native Cache County. He was to be buried with his late wife and ancestors in the Millville City Cemetery. An usher, asked how many folding chairs were put out for the funeral proceedings Saturday morning in the stake center chapel, said, “All of them.” Speakers said Yeates never recovered from the death of his wife of 32 years and “soulmate” Lynda in November after a bout with cancer. Yeates’ Detective Sgt. Dale Ward, in his remarks to the crowd, at one point said “Lynn Yeates is standing right beside me now ... I want you to know they are laughing and happy together again ... reunited,” referring to the couple’s spiritual rejoining. “Their aches and pains are gone. They’re whole again.” Daughter Amber Yeates Kuchinski said she believed Yeates after her mother’s death only hung on to life to keep a promise he made to his dying wife, that he would run for a third term as county sheriff, and win. “He did,” she said. “He kept his promise.” Yeates’ death came the day after he was sworn into office for his third term as sheriff. Sgt. Ward, who’d worked with Yeates since 1985, had started his talk holding up the funeral program to refer to the mantra on the back, which read: “Life’s journey is not to arrive at the grave safely in a well-preserved body; but rather to skid in sideways, totally worn out, shouting ‘Holy shit ... what a ride!’” “I could stop right there,” Ward said. He did not. Police develop a “dark humor” to deal with the tragedy they deal with on a daily basis, Ward said. “Lynn’s was the best ... because he got it in triplicate, working on the ambulance and as a medical examiner’s investigator as well as a police officer.” For those who made the mistake of complaining too much around Yeates, Ward said he had a saying he always invoked. “If you haven’t heard it, you didn’t know Lynn — He’d say, ’You can find the word sympathy in the dictionary between shit and syphilis.’” - 74 - After a few more similar stories, Ward concluded his remarks by saying, “Holy shit, what a ride.” Yeates’ LDS bishop, Ernie Anderson, who presided over the proceedings, commented, “There’s a side to Lynn I did not know. If I had, my interviews would have been a little more probing,” drawing a laugh from the crowd as big as some Ward achieved. “But the Lynn I know was the most generous man I ever met ... I do know he is now happy in the arms of his Lynda.” Yeates started as a sheriff’s deputy in 1975 in the crime lab, going on to work in patrol, investigations, the K-P division, as dispatch sergeant, jail commander, and chief deputy for 11 years before he was first elected sheriff in November 2007. He was a member of the Brigham City Fire Department Ambulance Division as an EMT for the last 26 years. He worked for the Utah State Medical Examiner the last 15 years as a death scene investigator, and for the last seven years on the DMORT region 8 as a medical legal investigator (Disaster Mortuary Operational Response Team). He had a bachelor’s degree from Weber State University in police science as well as certificates from the FBI Executive Command College, the Utah Police Command College. He was a certified First-Aid, CPR and EMT instructor the last 30 years. Eagles Landing Travel Plaza 646 W 1400 N Beaver,UT 84713 REPRESENTING - 75- Six Vehicle Warning Signs Your Nose Can Recognize The nose knows. When your “new car smell” has faded there are some other specific odors you should be paying attention to. While some might be inconvenient, others should never be ignored. If it smells like trouble, it probably is. Identifying them early can help car owners avoid the hassle and expense of an unexpected breakdown. Here are six warning smells from the Car Care Council you need to know: 1. The smell of burnt rubber could be slipping drive belts or misplaced loose hoses that might be rubbing against rotating accessory drive pulleys. Do not reach in if the engine compartment is hot. 2. The smell of hot oil could mean that oil is leaking onto the exhaust system. To verify the leak, look for oil on the pavement or smoke coming from the engine area. 3. The smell of gasoline is likely the sign of a gas leak in some area of the vehicle such as a fuel injector line or the fuel tank. Any smell of fuel can result in a possible fire hazard, so immediate attention should be given. 4. The sweet smell of syrup may be a sign that your car is leaking engine coolant from a leaky component related to the car’s cooling system. Do not open the radiator cap when it is hot. 5. The smell of burning carpet could be a sign of brake trouble and a safety hazard. Have your brakes checked right away, especially if this smell is happening during normal driving conditions. 6. The smell of rotten eggs is never a good one and, if you smell it coming from your vehicle, it could mean that your catalytic converter is not properly converting the hydrogen sulfide in the exhaust to sulfur dioxide. This smell can also be attributed to a poor running engine, causing the catalytic converter to become overloaded and fail due to meltdown. Keeping your vehicle in good repair will extend its life and help maintain its value. Find more car awareness tips from The Car Care Council at www.carcare.org. Just like your vehicle, your insurance needs maintenance too. When is the last time you had an auto policy review or comparison? Contact a California Casualty advisor to learn about professional benefits and discounts you qualify for that are not available to the general public: · Deductible waived for vandalism or collision to your vehicle when parked at work · $500 personal property protection for items stolen, or damaged in your car, including uniforms, vests and firearms · Fallen officer benefit – the premium is waived for the current and following year for the surviving partner or spouse of an officer killed in the line of duty We protect you just like you protect others. Call today for a policy review or comparison at 1.800.800.9410 or go to www.calcas.com/UPOA. This article is furnished by California Casualty, providing auto and home insurance to educators, law enforcement officers, firefighters and nurses. Get a quote at 1.800.800.9410 or www.calcas.com/UPOA. - 76 - FIREFIGHTER/EMT SPECIAL EDITION 2015 PEACE OFFICER HARLEY-DAVIDSON SPECIAL EDITION 2015 FLHP ROAD KING® HARLEY-DAVIDSON MOTORCYCLE FLHP ROAD KING® MOTORCYCLE For all the Firefighters, Peace Officers, and EMTs...those of you who work hard and risk your lives to make our communities safer—we want to say THANK YOU. That’s why we are giving one lucky winner the opportunity to win a new 2015 Custom Harley-Davidson® or $25,000. For complete rules, visit go.calcas.com/harley YOUR ENTRY MUST B E R E C E I V E D BY: OCTOBER 07 Harley-Davidson is a registered trademark of Harley-Davidson Motor Company, USA. All rights reserved. Auto and Home Insurance ® - 77- Harley-Davidson is not a participating partner in or sponsor of this contest. UPOA Summer Convention, June 18 – 19, 2015 Cedar City, Utah Registration · Officers - $75 · Spouses - $45 *Annual membership fees are $35 for officers, $10 for spouses/auxiliary Training & Events Wednesday, June 17 · Iron County shooting range open for practice. · Golf tournament (to be announced). Thursday, June 18 · Seated Field Sobriety Tests, at Crystal Inn (0900-1630). · Combat Pistol Shoots, at Iron County shooting range (0900-completion). Friday, June 19 · Street Gangs, at Crystal Inn (0900-1200), Outlaw Motorcycle Gangs in Utah (1330-1700). · Slow fire shoots, duty auto, husband & wife and auxiliary shoots, at Iron County shooting range (0900-completion). · Banquet at Crystal Inn, 1830-completion. Go to UPOA.org for more updates - 78 -