Video shows Utah nurse screaming, being dragged into police car after refusing to let officer take blood from unconscious...

Video shows Utah nurse screaming, being dragged into police car after refusing to let officer take blood from unconscious victim
Salt Lake Tribune
URL: http://www.sltrib.com/news/2017/08/31/u ... us-victim/
Category: Police
Published: August 31, 2017
Description: A nurse says she was assaulted and illegally arrested by a Salt Lake City police detective for following a hospital policy that does not allow blood draws from unconscious patients.
Footage from University Hospital and officer body cameras shows Detective Jeff Payne and nurse Alex Wubbels in a standoff over whether the policeman should be allowed to get a blood sample from a patient who had been injured in a July 26 collision in northern Utah that left another driver dead. Wubbels says blood cannot be taken from an unconscious patient unless the patient is under arrest, unless there is a warrant allowing the draw or unless the patient consents. The detective acknowledges in the footage that none of those requirements is in place, but he insists that he has the authority to obtain the draw, according to the footage. At one point, Payne threatens to take Wubbels to jail if he doesn’t get the sample, and he accuses her of interfering with a criminal case. “I either go away with blood in vials or body in tow,†Payne says. After Wubbels consults with several hospital officials and repeats the policy, Payne tells her she is under arrest and grabs her, pulling her arms behind her back and handcuffing her. The footage shows the detective dragging Wubbels out of the hospital and putting her inside a patrol car as she screams, “Help! Help! Somebody help me! Stop! Stop! I did nothing wrong!â€
A University of Utah police officer and Department of Public Safety officers, who provide security for the hospital, were present at time of the arrest and did not intervene. As he stands in the hospital parking lot after the arrest, Payne says to another officer that he wonders how this event will affect an off-duty job transporting patients for an ambulance company. “I’ll bring them all the transients and take good patients elsewhere,†Payne says. Parts of the footage were shown Thursday at a news conference at the office of Karra Porter, a Salt Lake City attorney representing Wubbels. Salt Lake police Sgt. Brandon Shearer said the department started an internal investigation, which is ongoing, in response to the incident. Payne was suspended from the department’s blood-draw program — where officers are trained as phlebotomists so they can get blood samples — but he remains on duty with the Police Department, Shearer said. The department also has held training for the officers in the program as a result of the incident, he said. In a written report, Payne said he was responding to a request from Logan police to get the blood sample, to determine whether the patient had illicit substances in his system at the time of the crash. Payne explained the “exigent circumstances and implied consent law†to Wubbels, but, according to his report, she said “her policies won’t allow me to obtain the blood sample without a warrant.†Payne — who says he wanted the blood sample to protect the patient, not punish him — said he was advised by Lt. James Tracy, the watch commander on duty that night, to arrest Wubbels for interfering with a police investigation if she refused to let him get the sample, according to his report. Tracy said in his report that he spoke on the phone with Wubbels and told her he believed that they had implied consent to get the sample, but she cut him off and said she would not allow the draw without a warrant. He then went to the hospital and tried to tell the nurse why she was in custody, but “she appeared to not want to hear my explanation,†Tracy wrote. Porter, however, said “implied consent†has not been the law in Utah since 2007, and the U.S. Supreme Court ruled in 2016 that the Constitution permits warrantless breath tests in drunken-driving arrests, but not warrantless blood tests. She stressed that the patient was always considered the victim in the case and never was suspected of wrongdoing. No claim or lawsuit has been filed, Porter said, but she has had discussions with Salt Lake City police and she believes the department will educate its officers. Wubbels said she has heard anecdotally of other health care workers being bullied and harassed by police, and that these videos prove that there is a problem. “I can’t sit on this video and not attempt to speak out both to re-educate and inform,†she said. Police agencies “need to be having conversations about what is appropriate intervention.†Wubbels, who was not charged, said she has watched the footage four or five times and said, “It hurts to relive it.†She never said “no†when Payne asked to take a blood sample; she merely explained the blood draw policy to him, according to Wubbels, who also said she was trying to keep her patient safe and do things the right way. Porter and Wubbels declined to release information about the patient, but Payne’s report identifies him as 43-year-old William Gray, a reserve officer in the Rigby, Idaho, Police Department, who suffered burns during a July 26 crash in Cache County. Gray is a truck driver when he is not serving as a reserve police officer, according to the Idaho State Journal. At about 2 p.m. on July 26, Gray was driving a semi north on State Road 89/91 near Sardine Canyon when a man fleeing from the Utah Highway Patrol crashed a pickup truck into him head-on, according to Logan police, who investigated the collision. The crash caused an explosion and fire, Logan police have said. Gray was on fire when he exited the semi. The driver of the pickup truck, Marcos Torres, 26, died at the scene. Police have said Torres was fleeing from the UHP after other drivers reported him driving recklessly. On Thursday, Gray was in serious condition at University Hospital, officials there said. Wubbels, an Alpine skier who competed in the Winter Olympics in 1998 and 2002, when her last name was Shaffer, has worked as a nurse at University Hospital since 2009.
Gehrke: The outrageous arrest of a nurse exposed Salt Lake City police for having bizarrely out-of-date policies
Salt Lake Tribune
URL: http://www.sltrib.com/news/2017/09/02/g ... -policies/
Category: Police
Published: September 1, 2017
Description: Alex Wubbels is a champion ski racer and competed in the 1998 and 2002 Winter Olympics. But it’s hard to imagine she has ever seen things go downhill faster than they did when Detective Jeff Payne roughed her up and arrested her for simply doing her job. The body camera footage of Wubbels’ arrest has made national headlines and drawn condemnation from around the country, with the social media world demanding Payne be fired from the Salt Lake City police force. One thing is certain: Wubbels earned a gold medal for moxie. She not only knew her job as a nurse, but she also knew the law and stood up for her patient in the face of a bully with a badge who was trying to conduct a patently unconstitutional blood draw of an unconscious crash victim. Video of the incident is hard to watch as Wubbels, with her supervisor on the phone, calmly tries to explain to Payne that the hospital policy — which happens to reflect a series of clear rulings by state and federal courts — does not allow her to draw blood from an unconscious individual. She stood her ground and for her trouble ended up getting her arms wrenched behind her back, handcuffed and dragged to a patrol car while she pleaded with Payne to stop. “Help! Help! Somebody help me!†she pleaded. “Stop! Stop! I did nothing wrong!†Two University of Utah police officers stood by and did nothing to intervene or try to defuse the situation. Law enforcement veterans I’ve talked to were stunned by the utter failure by both Payne and his supervisor to ratchet down the situation. They found it bizarre that the police policy in the state’s capital city appears to be at least 10 years out of date and nobody on the force has even noticed until now. In 2001, Heather Jo Rodriguez was driving on Main Street in Salt Lake City and made a quick left turn in front of a school bus. The bus smashed her car, killing her passenger. Officers took a blood sample from an IV line doctors had inserted into Rodriguez’s arm and she had a blood alcohol level of 0.39, nearly five times the legal limit and enough to kill in some cases. But the Utah Supreme Court ruled in 2007 that drawing blood is not so urgent that officers shouldn’t first get a warrant, although they allowed the blood results to be used as evidence. In 2013, the U.S. Supreme Court reiterated in Missouri v. McNeely that police have to get a warrant to draw blood without a subject’s consent. And last year, the court reiterated in Birchfield v. North Dakota that “implied consent†was not a basis to demand a blood draw. To be clear, getting a warrant is not a big deal. For years, police have been able to get a judge to sign off on an electronic warrant within 30 minutes or less. The fact that the policy was so outdated and that neither Payne, who had spent more than a decade doing blood draws, and apparently his supervising lieutenant, didn’t know the law was a shocking failure of officer training. It was, in the end, Lt. James Tracy who directed Payne to arrest Wubbels. These are policies that are taught at the police academy, and they should be reinforced on a regular basis, according to law enforcement experts I spoke with, and have been adopted into the policies of other agencies around the state. Salt Lake City Police Chief Mike Brown said the department updated its policy manual after the incident with Wubbels. It now says: “Implied consent shall not be utilized as a method for obtaining a blood draw. Officers shall utilize the options of voluntary consent, a search warrant, or a medical draw.†In essence: Wubbels was right; the police were wrong. There is still an implied-consent provision in state law that likely needs to be repealed when the Legislature meets next year. But really, the most astonishing piece of it is how quickly Payne snapped, grabbing Wubbels and shoving the nurse through the door and against the wall, wrenching her arms and slapping her into handcuffs. Salt Lake City police have touted their “de-escalation†training and how it has helped avoid fatal police shootings. But what we saw on the video could easily be shown as an example of how not to respond to an incident. Payne wasn’t being threatened. There was no urgency in resolving the dispute. Wubbels and her supervisor were responding calmly yet firmly in trying to work through the situation when the detective lashed out, using the sort of unjustified force that has to make anyone in law enforcement cringe, because it’s the type of incident that tarnishes the reputation of those who wear the badge. Maybe some good will come from the incident: Salt Lake City has finally brought its policy into this decade, we’ve seen that body cameras can be a useful tool in policing the police, and Friday evening Salt Lake City Mayor Jackie Biskupski asked the Unified Police Department to conduct an independent criminal investigation into Payne’s response. Payne will be on administrative leave pending the outcome of the investigation. At the very least, he should be suspended and required to receive training to make sure this kind of incident doesn’t happen again. And Brown, the police chief, should ensure all his officers are trained on up-to-date policies. And nurse Wubbels deserves our gratitude. After all, we look to men and women in uniform to protect our civil liberties. In this case, the woman in uniform happened to be wearing nursing scrubs.
Detective’s body camera confirms that Logan police asked him to back off blood draw before nurse’s arrest
Salt Lake Tribune
URL: http://www.sltrib.com/news/2017/09/08/d ... lood-draw/
Category: Police
Published: September 8, 2017
Description: Salt Lake City police Detective Jeff Payne’s body camera footage confirms Logan police Chief Gary Jensen’s assertion that his officers did not push to get blood from the victim of a fiery crash in Cache County. Payne ultimately handcuffed and arrested University Hospital nurse Alex Wubbels on July 26 after she refused to allow the blood draw on the grounds that the patient was unconscious and Payne had no warrant. Jensen said one of his detectives investigating the crash told Payne not to worry about pushing for the blood draw because Logan could get the blood through other means. He said Logan officers didn’t initially realize the crash victim, 43-year-old William Gray, was unconscious and thus unable to consent to a blood draw. “My investigator [tells Payne], ‘Hey, don’t worry about it, we’ll go another route. No worries,’†Jensen told The Salt Lake Tribune Wednesday. Footage from Payne’s body cam paints a similar picture of his discussions with Logan police about the blood. As Wubbels sits handcuffed in Payne’s patrol car nearby, Payne and his watch commander, Lt. James Tracy — who ordered Payne to get the blood in the first place — confer about the escalating situation. Tracy says he has just learned that the hospital routinely takes blood from patients such as Gray upon arrival. So he suggests that they tell Logan police to seek a warrant in order to obtain the hospital’s existing blood sample from Gray. “So, I think what we‘ll do is ... this isn’t even our case, I’m tired of dealing with it ... we’ll call Logan back, and we’ll tell them, hey —†Payne interrupts him: â€I’ve already talked to them a couple times.†“Are they pissed [we can‘t get the blood]?†asks Tracy. No, Payne says. “I think we‘re going to release [Wubbels],†Tracy says. â€And we’re going to tell her ... charges are going to be screened on it. Actually, what we’re going to tell her, because I don’t even want to write this [incident] up —†“We got to [write it up],†Payne corrects him. Several times in the conversation, the fact that Payne‘s body camera is turned on is mentioned. “No, I mean I do [want to write it up],†Tracy quickly says. Later, after formulating their plan for releasing Wubbels and calling Logan police back, Tracy says: â€Let’s just do that and get the hell out of here.â€
Jensen said his detective had talked to Payne about the situation before Payne arrested Wubbels. He said his department had no recordings of the call between the two. Jensen, who for 25 years also took blood draws along with his officer duties, said it is routine to seek blood from everyone involved in a fatal car crash. The crash involving Gray, a truck driver and reserve police officer from Rigby, Idaho, occurred on U.S. 89/91 near Sardine Canyon, when a man fleeing the Utah Highway Patrol crashed a pickup truck into Gray’s semi head-on. That man, Marcos Torres, 26, died at the scene. While Logan police could have sought a medical subpoena to get Gray’s blood that was collected by the hospital, Jensen said, they didn’t. Police decided that they did not need Gray’s blood to proceed with the crash investigation, the chief said. He added that there is solid evidence about what occurred — including UHP dash camera footage showing Torres swerving directly into Gray’s semi. The crash remains under investigation.
Jensen said he worked with Payne for several years, when they were both deputies and paramedics for the Davis County Sheriff’s Office early in their careers. “I’ve worked with him on a number of occasions, but I don’t know why — especially after we said we’ll go in another direction — why [Payne and Tracy] felt compelled to continue,†Jensen said. Salt Lake City police spokesman Sgt. Greg Wilking said Friday that Chief Mike Brown decided to take Payne off the blood draw team — but not to place him on administrative leave. The next morning, Assistant Chief Tim Doubt watched the body camera video of the encounter, according to Salt Lake City police spokeswoman Christina Judd. Later in the day, Judd said, Doubt and several legal staffers met with hospital officials and University of Utah police Chief Dale Brophy to apologize and to discuss policies to prevent a similar encounter from occurring again. Payne and a second officer — believed to be Tracy — should have been placed on administrative leave immediately, Salt Lake City Mayor Jackie Biskupski said in a list of frequently asked questions she presented to the City Council on Tuesday. The department’s decision to delay the move until Sept. 1, the day after Wubbels and her attorney released the footage of the arrest, was â€regrettable,†Biskupski said.
Biskupski spokesman Matthew Rojas said Thursday that policies are being developed to keep the mayor in the loop when similar incidents occur in the future. Biskupski has said she was not aware of the encounter until she saw the video on Facebook last week. Biskupski’s chief of staff, Patrick Leary, had early on been broadly informed of the arrest at the hospital, Rojas said, but he â€had no idea of the extent of it.†Three investigations are underway: one by the police department’s internal affairs division, one by the department’s civilian review board and one by Salt Lake County’s Unified Police Department. On Thursday, Salt Lake County District Attorney Sim Gill announced that he was asking the FBI to also assist on the criminal probe. Meanwhile, the police department and mayor’s office are continuing efforts to combat an onslaught of public criticism since the video was released a week ago. On Thursday, police Chief Mike Brown appeared on the KUER program RadioWest. Brown said he was â€alarmed†and “concerned†after seeing the video for the first time last week, though he also added that the incident was an “outlier†that should not reflect on the rest of his department. He said he has tried to stay insulated from the various investigations, especially the internal affairs probe, because he will â€make the final decision,†after those investigators present their findings to him. The host, Doug Fabrizio, asked how much damage the episode had done to the department’s reputation. “It hurts. We got a black eye,†Brown said. â€We worked so hard for the past couple years through our training and outreach and everything we’ve done — to take this on the chin? We’ll make it better, but it hurts.â€
Salt Lake Tribune
URL: http://www.sltrib.com/news/2017/08/31/u ... us-victim/
Category: Police
Published: August 31, 2017
Description: A nurse says she was assaulted and illegally arrested by a Salt Lake City police detective for following a hospital policy that does not allow blood draws from unconscious patients.
Footage from University Hospital and officer body cameras shows Detective Jeff Payne and nurse Alex Wubbels in a standoff over whether the policeman should be allowed to get a blood sample from a patient who had been injured in a July 26 collision in northern Utah that left another driver dead. Wubbels says blood cannot be taken from an unconscious patient unless the patient is under arrest, unless there is a warrant allowing the draw or unless the patient consents. The detective acknowledges in the footage that none of those requirements is in place, but he insists that he has the authority to obtain the draw, according to the footage. At one point, Payne threatens to take Wubbels to jail if he doesn’t get the sample, and he accuses her of interfering with a criminal case. “I either go away with blood in vials or body in tow,†Payne says. After Wubbels consults with several hospital officials and repeats the policy, Payne tells her she is under arrest and grabs her, pulling her arms behind her back and handcuffing her. The footage shows the detective dragging Wubbels out of the hospital and putting her inside a patrol car as she screams, “Help! Help! Somebody help me! Stop! Stop! I did nothing wrong!â€
A University of Utah police officer and Department of Public Safety officers, who provide security for the hospital, were present at time of the arrest and did not intervene. As he stands in the hospital parking lot after the arrest, Payne says to another officer that he wonders how this event will affect an off-duty job transporting patients for an ambulance company. “I’ll bring them all the transients and take good patients elsewhere,†Payne says. Parts of the footage were shown Thursday at a news conference at the office of Karra Porter, a Salt Lake City attorney representing Wubbels. Salt Lake police Sgt. Brandon Shearer said the department started an internal investigation, which is ongoing, in response to the incident. Payne was suspended from the department’s blood-draw program — where officers are trained as phlebotomists so they can get blood samples — but he remains on duty with the Police Department, Shearer said. The department also has held training for the officers in the program as a result of the incident, he said. In a written report, Payne said he was responding to a request from Logan police to get the blood sample, to determine whether the patient had illicit substances in his system at the time of the crash. Payne explained the “exigent circumstances and implied consent law†to Wubbels, but, according to his report, she said “her policies won’t allow me to obtain the blood sample without a warrant.†Payne — who says he wanted the blood sample to protect the patient, not punish him — said he was advised by Lt. James Tracy, the watch commander on duty that night, to arrest Wubbels for interfering with a police investigation if she refused to let him get the sample, according to his report. Tracy said in his report that he spoke on the phone with Wubbels and told her he believed that they had implied consent to get the sample, but she cut him off and said she would not allow the draw without a warrant. He then went to the hospital and tried to tell the nurse why she was in custody, but “she appeared to not want to hear my explanation,†Tracy wrote. Porter, however, said “implied consent†has not been the law in Utah since 2007, and the U.S. Supreme Court ruled in 2016 that the Constitution permits warrantless breath tests in drunken-driving arrests, but not warrantless blood tests. She stressed that the patient was always considered the victim in the case and never was suspected of wrongdoing. No claim or lawsuit has been filed, Porter said, but she has had discussions with Salt Lake City police and she believes the department will educate its officers. Wubbels said she has heard anecdotally of other health care workers being bullied and harassed by police, and that these videos prove that there is a problem. “I can’t sit on this video and not attempt to speak out both to re-educate and inform,†she said. Police agencies “need to be having conversations about what is appropriate intervention.†Wubbels, who was not charged, said she has watched the footage four or five times and said, “It hurts to relive it.†She never said “no†when Payne asked to take a blood sample; she merely explained the blood draw policy to him, according to Wubbels, who also said she was trying to keep her patient safe and do things the right way. Porter and Wubbels declined to release information about the patient, but Payne’s report identifies him as 43-year-old William Gray, a reserve officer in the Rigby, Idaho, Police Department, who suffered burns during a July 26 crash in Cache County. Gray is a truck driver when he is not serving as a reserve police officer, according to the Idaho State Journal. At about 2 p.m. on July 26, Gray was driving a semi north on State Road 89/91 near Sardine Canyon when a man fleeing from the Utah Highway Patrol crashed a pickup truck into him head-on, according to Logan police, who investigated the collision. The crash caused an explosion and fire, Logan police have said. Gray was on fire when he exited the semi. The driver of the pickup truck, Marcos Torres, 26, died at the scene. Police have said Torres was fleeing from the UHP after other drivers reported him driving recklessly. On Thursday, Gray was in serious condition at University Hospital, officials there said. Wubbels, an Alpine skier who competed in the Winter Olympics in 1998 and 2002, when her last name was Shaffer, has worked as a nurse at University Hospital since 2009.
Gehrke: The outrageous arrest of a nurse exposed Salt Lake City police for having bizarrely out-of-date policies
Salt Lake Tribune
URL: http://www.sltrib.com/news/2017/09/02/g ... -policies/
Category: Police
Published: September 1, 2017
Description: Alex Wubbels is a champion ski racer and competed in the 1998 and 2002 Winter Olympics. But it’s hard to imagine she has ever seen things go downhill faster than they did when Detective Jeff Payne roughed her up and arrested her for simply doing her job. The body camera footage of Wubbels’ arrest has made national headlines and drawn condemnation from around the country, with the social media world demanding Payne be fired from the Salt Lake City police force. One thing is certain: Wubbels earned a gold medal for moxie. She not only knew her job as a nurse, but she also knew the law and stood up for her patient in the face of a bully with a badge who was trying to conduct a patently unconstitutional blood draw of an unconscious crash victim. Video of the incident is hard to watch as Wubbels, with her supervisor on the phone, calmly tries to explain to Payne that the hospital policy — which happens to reflect a series of clear rulings by state and federal courts — does not allow her to draw blood from an unconscious individual. She stood her ground and for her trouble ended up getting her arms wrenched behind her back, handcuffed and dragged to a patrol car while she pleaded with Payne to stop. “Help! Help! Somebody help me!†she pleaded. “Stop! Stop! I did nothing wrong!†Two University of Utah police officers stood by and did nothing to intervene or try to defuse the situation. Law enforcement veterans I’ve talked to were stunned by the utter failure by both Payne and his supervisor to ratchet down the situation. They found it bizarre that the police policy in the state’s capital city appears to be at least 10 years out of date and nobody on the force has even noticed until now. In 2001, Heather Jo Rodriguez was driving on Main Street in Salt Lake City and made a quick left turn in front of a school bus. The bus smashed her car, killing her passenger. Officers took a blood sample from an IV line doctors had inserted into Rodriguez’s arm and she had a blood alcohol level of 0.39, nearly five times the legal limit and enough to kill in some cases. But the Utah Supreme Court ruled in 2007 that drawing blood is not so urgent that officers shouldn’t first get a warrant, although they allowed the blood results to be used as evidence. In 2013, the U.S. Supreme Court reiterated in Missouri v. McNeely that police have to get a warrant to draw blood without a subject’s consent. And last year, the court reiterated in Birchfield v. North Dakota that “implied consent†was not a basis to demand a blood draw. To be clear, getting a warrant is not a big deal. For years, police have been able to get a judge to sign off on an electronic warrant within 30 minutes or less. The fact that the policy was so outdated and that neither Payne, who had spent more than a decade doing blood draws, and apparently his supervising lieutenant, didn’t know the law was a shocking failure of officer training. It was, in the end, Lt. James Tracy who directed Payne to arrest Wubbels. These are policies that are taught at the police academy, and they should be reinforced on a regular basis, according to law enforcement experts I spoke with, and have been adopted into the policies of other agencies around the state. Salt Lake City Police Chief Mike Brown said the department updated its policy manual after the incident with Wubbels. It now says: “Implied consent shall not be utilized as a method for obtaining a blood draw. Officers shall utilize the options of voluntary consent, a search warrant, or a medical draw.†In essence: Wubbels was right; the police were wrong. There is still an implied-consent provision in state law that likely needs to be repealed when the Legislature meets next year. But really, the most astonishing piece of it is how quickly Payne snapped, grabbing Wubbels and shoving the nurse through the door and against the wall, wrenching her arms and slapping her into handcuffs. Salt Lake City police have touted their “de-escalation†training and how it has helped avoid fatal police shootings. But what we saw on the video could easily be shown as an example of how not to respond to an incident. Payne wasn’t being threatened. There was no urgency in resolving the dispute. Wubbels and her supervisor were responding calmly yet firmly in trying to work through the situation when the detective lashed out, using the sort of unjustified force that has to make anyone in law enforcement cringe, because it’s the type of incident that tarnishes the reputation of those who wear the badge. Maybe some good will come from the incident: Salt Lake City has finally brought its policy into this decade, we’ve seen that body cameras can be a useful tool in policing the police, and Friday evening Salt Lake City Mayor Jackie Biskupski asked the Unified Police Department to conduct an independent criminal investigation into Payne’s response. Payne will be on administrative leave pending the outcome of the investigation. At the very least, he should be suspended and required to receive training to make sure this kind of incident doesn’t happen again. And Brown, the police chief, should ensure all his officers are trained on up-to-date policies. And nurse Wubbels deserves our gratitude. After all, we look to men and women in uniform to protect our civil liberties. In this case, the woman in uniform happened to be wearing nursing scrubs.
Detective’s body camera confirms that Logan police asked him to back off blood draw before nurse’s arrest
Salt Lake Tribune
URL: http://www.sltrib.com/news/2017/09/08/d ... lood-draw/
Category: Police
Published: September 8, 2017
Description: Salt Lake City police Detective Jeff Payne’s body camera footage confirms Logan police Chief Gary Jensen’s assertion that his officers did not push to get blood from the victim of a fiery crash in Cache County. Payne ultimately handcuffed and arrested University Hospital nurse Alex Wubbels on July 26 after she refused to allow the blood draw on the grounds that the patient was unconscious and Payne had no warrant. Jensen said one of his detectives investigating the crash told Payne not to worry about pushing for the blood draw because Logan could get the blood through other means. He said Logan officers didn’t initially realize the crash victim, 43-year-old William Gray, was unconscious and thus unable to consent to a blood draw. “My investigator [tells Payne], ‘Hey, don’t worry about it, we’ll go another route. No worries,’†Jensen told The Salt Lake Tribune Wednesday. Footage from Payne’s body cam paints a similar picture of his discussions with Logan police about the blood. As Wubbels sits handcuffed in Payne’s patrol car nearby, Payne and his watch commander, Lt. James Tracy — who ordered Payne to get the blood in the first place — confer about the escalating situation. Tracy says he has just learned that the hospital routinely takes blood from patients such as Gray upon arrival. So he suggests that they tell Logan police to seek a warrant in order to obtain the hospital’s existing blood sample from Gray. “So, I think what we‘ll do is ... this isn’t even our case, I’m tired of dealing with it ... we’ll call Logan back, and we’ll tell them, hey —†Payne interrupts him: â€I’ve already talked to them a couple times.†“Are they pissed [we can‘t get the blood]?†asks Tracy. No, Payne says. “I think we‘re going to release [Wubbels],†Tracy says. â€And we’re going to tell her ... charges are going to be screened on it. Actually, what we’re going to tell her, because I don’t even want to write this [incident] up —†“We got to [write it up],†Payne corrects him. Several times in the conversation, the fact that Payne‘s body camera is turned on is mentioned. “No, I mean I do [want to write it up],†Tracy quickly says. Later, after formulating their plan for releasing Wubbels and calling Logan police back, Tracy says: â€Let’s just do that and get the hell out of here.â€
Jensen said his detective had talked to Payne about the situation before Payne arrested Wubbels. He said his department had no recordings of the call between the two. Jensen, who for 25 years also took blood draws along with his officer duties, said it is routine to seek blood from everyone involved in a fatal car crash. The crash involving Gray, a truck driver and reserve police officer from Rigby, Idaho, occurred on U.S. 89/91 near Sardine Canyon, when a man fleeing the Utah Highway Patrol crashed a pickup truck into Gray’s semi head-on. That man, Marcos Torres, 26, died at the scene. While Logan police could have sought a medical subpoena to get Gray’s blood that was collected by the hospital, Jensen said, they didn’t. Police decided that they did not need Gray’s blood to proceed with the crash investigation, the chief said. He added that there is solid evidence about what occurred — including UHP dash camera footage showing Torres swerving directly into Gray’s semi. The crash remains under investigation.
Jensen said he worked with Payne for several years, when they were both deputies and paramedics for the Davis County Sheriff’s Office early in their careers. “I’ve worked with him on a number of occasions, but I don’t know why — especially after we said we’ll go in another direction — why [Payne and Tracy] felt compelled to continue,†Jensen said. Salt Lake City police spokesman Sgt. Greg Wilking said Friday that Chief Mike Brown decided to take Payne off the blood draw team — but not to place him on administrative leave. The next morning, Assistant Chief Tim Doubt watched the body camera video of the encounter, according to Salt Lake City police spokeswoman Christina Judd. Later in the day, Judd said, Doubt and several legal staffers met with hospital officials and University of Utah police Chief Dale Brophy to apologize and to discuss policies to prevent a similar encounter from occurring again. Payne and a second officer — believed to be Tracy — should have been placed on administrative leave immediately, Salt Lake City Mayor Jackie Biskupski said in a list of frequently asked questions she presented to the City Council on Tuesday. The department’s decision to delay the move until Sept. 1, the day after Wubbels and her attorney released the footage of the arrest, was â€regrettable,†Biskupski said.
Biskupski spokesman Matthew Rojas said Thursday that policies are being developed to keep the mayor in the loop when similar incidents occur in the future. Biskupski has said she was not aware of the encounter until she saw the video on Facebook last week. Biskupski’s chief of staff, Patrick Leary, had early on been broadly informed of the arrest at the hospital, Rojas said, but he â€had no idea of the extent of it.†Three investigations are underway: one by the police department’s internal affairs division, one by the department’s civilian review board and one by Salt Lake County’s Unified Police Department. On Thursday, Salt Lake County District Attorney Sim Gill announced that he was asking the FBI to also assist on the criminal probe. Meanwhile, the police department and mayor’s office are continuing efforts to combat an onslaught of public criticism since the video was released a week ago. On Thursday, police Chief Mike Brown appeared on the KUER program RadioWest. Brown said he was â€alarmed†and “concerned†after seeing the video for the first time last week, though he also added that the incident was an “outlier†that should not reflect on the rest of his department. He said he has tried to stay insulated from the various investigations, especially the internal affairs probe, because he will â€make the final decision,†after those investigators present their findings to him. The host, Doug Fabrizio, asked how much damage the episode had done to the department’s reputation. “It hurts. We got a black eye,†Brown said. â€We worked so hard for the past couple years through our training and outreach and everything we’ve done — to take this on the chin? We’ll make it better, but it hurts.â€