-- The Oklahoma Highway Patrol has found that the force used against Khristopher Douglas by Troopers Allen and Martin was justified. The OHP says, "There has been inaccurate information and it was greatly exaggerated." OHP says the dash cam video will prove that statement. Both Troopers are back on duty after being on Administrative Leave.
One of the troopers, Daniel Martin was involved in a heated confrontation with a paramedic in May.FOX23’s Abbie Alford has been following this story and was at Friday’s OHP/DPS press conference.
Troopers Daniel Martin and Tommy Allen are back on duty tonight.
After a six-week investigation into their use of force on a traffic stop that involved a bystander, OHP determines the troopers actions were justified.
On October 3rd, Khristopher Douglas was charged with obstructing a police officer in Holdenville.
Douglas claims Troopers Martin and Allen wrongfully beat him as he was attempting to walk up to a friend’s house during a traffic stop. Douglas says he had nothing to do with the traffic stop that was in front of his friend’s house that was under construction.
Oklahoma Highway Patrol Lieutenant Tim Tipton says he’s a state and federal courts expert on law enforcement use of force.
During the one-hour press conference Tipton dissects the near two-minute traffic stop incident and explains to the media why the actions were justified by Martin and Allen.
The incident started when Trooper Tommy Allen pulled over a driver on a traffic stop in front of home under construction in Holdenville.
Martin says Allen called for his assistance.
Tipton says the dash cam video shows Douglas disobeying Martin’s orders to get back to the street.
"This could have been over right here had the person [Douglas] would have complied with the officers directions and walked away," says Tipton.
The dash cam video then shows Martin ask the man in the black shirt, identified as Douglas to get back in the street again. OHP says Douglas was told to back away from the traffic stop for a total of four times.
The video shows the troopers and Douglas bump in to each other and you can’t really make out what’s going on but Tipton says it was escalating to something potentially dangerous.
“He [Martin] said the guy looked down at his [Allen’s] arm and then looked up at him and he thought was a very aggressive manner, doesn't want him holding onto his arm," says Tipton.
The dash cam video shows Trooper Martin pull out OHP issued expandable baton.
"Trooper Martin is now concerned that this guy is pushing backwards and it is going to turn into a fight on the ground."
That’s when the dash cam video shows Trooper Martin use his baton to strike Douglas once in the leg.
"It's obvious to see here it was a textbook one strike taken the person to the ground, cuffing them and the force deescalated after that," says Tipton. “To us it's a pretty cut and dry use of force.”
As for trooper Martin’s previous run-in with a paramedic in Okfuskee County in May, OHP would not directly answer the question “Is Martin a liability to the Patrol?
"Unfortunately sometimes the work that we are involved in gets ugly and we have to place our hands on people. What we are going to do as an agency is we're going to look at it on a case-by-case situation. We're going to do it similar to the way we have. If we feel like in our very early looks at it that we need to put people on admin leave and have a thorough investigation and review board we will do those things,” says OHP/DPS Public Information Officer, Captain Chris West.
Douglas’ attorney Richard O’Carroll who is also representing the paramedic, Maurice White, says he is outraged, “Today’s press conference was a farce, sham and dog-and-pony show.”
O’Carrol says justifying Martin’s actions sends a message that the Oklahoma Department of Public Safety is not concerned with Oklahoman’s safety.
He says he is now adding DPS Commissioner Kevin Ward to the civil lawsuit that White filed against Martin from the May incident.
Douglas is facing a misdemeanor charge of obstructing an officer. OHP decided to only publicly release two minutes of the dash cam video.
OHP says a decision has not been made to release the 45-minute incident in its entirety.
Although, under the Open Records Request FOX23 has requested the dash cam video in its entirety.
OHP says the tape could contain evidence that could hinder the criminal investigation against Douglas.
OHP says it’s possible the dash cam video will be released after the criminal case is closed.
Douglas' criminal trial is scheduled to start in January 2010.
