# Arrest procedure questions using the arrested nurse as example

**URL:** <https://boards.straightdope.com/t/arrest-procedure-questions-using-the-arrested-nurse-as-example/795558>\
**Category:** Great Debates\
**Created:** [September 5, 2017, 3:23pm UTC](https://boards.straightdope.com/t/arrest-procedure-questions-using-the-arrested-nurse-as-example/795558 "2017-09-05T15:23:35Z")\
**Posts on this page:** 7\
**Page:** 5

<div class="post-metadata">

**Author:** ![epbrown01](https://avatars.discourse-cdn.com/v4/letter/e/7ba0ec/32.png) [@epbrown01](https://boards.straightdope.com/u/epbrown01)\
**Post date:** [October 11, 2017, 5:28pm UTC](https://boards.straightdope.com/t/arrest-procedure-questions-using-the-arrested-nurse-as-example/795558/81 "2017-10-11T17:28:24Z")

</div>

> [@HurricaneDitka](#):
>
> Also, in a bit of sad news, the reserve police officer / full-time truck driver who was the victim in the crash, the victim that Nurse Wubbels was arrested for protecting, passed away a couple of weeks ago.

That is a damn shame. His family should have a heck of a civil suit. Avoiding that was likely the real cause of the incident at the hospital in the first place.

---

<div class="post-metadata">

**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [October 11, 2017, 5:55pm UTC](https://boards.straightdope.com/t/arrest-procedure-questions-using-the-arrested-nurse-as-example/795558/82 "2017-10-11T17:55:59Z")

</div>

> [@HurricaneDitka](#):
>
> I don’t know for sure, but it would not surprise me if there is some appeals process available to the fired detective (and the demoted former-LT).
> 
> ETA: Indeed. [KSL reports](https://www.ksl.com/?sid=46118645&nid=148&title=chief-fires-officer-who-arrested-u-nurse-lieutenant-demoted)

I like these parts:

> [@](#):
>
> Attorney Greg Skordas, who represents Payne, said his client plans to appeal a firing he considers unfair and over the top. Skordas said Payne would still be employed **if the body camera footage hadn’t generated so much attention and blown the events out of proportion**.

> [@](#):
>
> "**Had this incident not received that (type of attention), there’s no way that this conduct, in my opinion, would have merited a termination**. And that’s why I’m going to advise Jeff to appeal this,” he said.

Aye; it’s only the fact that we heard about it that makes it _really_ bad. Other than that, this really wasn’t a big deal at all. :rolleyes:

---

<div class="post-metadata">

**Author:** ![Pantastic](https://avatars.discourse-cdn.com/v4/letter/p/3bc359/32.png) [@Pantastic](https://boards.straightdope.com/u/Pantastic)\
**Post date:** [October 11, 2017, 5:56pm UTC](https://boards.straightdope.com/t/arrest-procedure-questions-using-the-arrested-nurse-as-example/795558/83 "2017-10-11T17:56:06Z")

</div>

> [@HurricaneDitka](#):
>
> Payne’s attorney, Greg Skordas, said he will likely appeal.
> 
> "We expected major discipline. We’re just disappointed it was the ultimate discipline,” he said.
> 
> Skordas believes Brown was under heavy public pressure to take serious action because of the tremendous attention the case has received.
> 
> "Had this incident not received that (type of attention), there’s no way that this conduct, in my opinion, would have merited a termination. And that’s why I’m going to advise Jeff to appeal this,” he said.
> 
> Skordas says Payne admits he made a “horrible mistake,” but believes the punishment is too harsh.

He didn’t get anything close to the ultimate discipline for it, if it were up to me not only would he be fired but he’d in prison on felony charges for abusing his position as a police officer to illegally assault and imprison an innocent person. Facing criminal charges for criminal behavior is completely reasonable, and not even the ultimate discipline that could be used, but cops just don’t face charges for that kind of thing.

She’s right that had the incident not received attention he’d get away with it, but that’s true of any criminal - if no one can prove their crime, they don’t get convicted.

---

<div class="post-metadata">

**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [October 11, 2017, 6:08pm UTC](https://boards.straightdope.com/t/arrest-procedure-questions-using-the-arrested-nurse-as-example/795558/84 "2017-10-11T18:08:20Z")

</div>

> [@epbrown01](#):
>
> That is a damn shame. His family should have a heck of a civil suit. Avoiding that was likely the real cause of the incident at the hospital in the first place.

I agree with all of this.

---

<div class="post-metadata">

**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [October 11, 2017, 6:21pm UTC](https://boards.straightdope.com/t/arrest-procedure-questions-using-the-arrested-nurse-as-example/795558/85 "2017-10-11T18:21:00Z")

</div>

> [@Snowboarder\_Bo](#):
>
> I like these parts:Aye; it’s only the fact that we heard about it that makes it _really_ bad. Other than that, this really wasn’t a big deal at all. :rolleyes:

Yeah, [the police union’s statement](https://www.deseretnews.com/article/865689609/Union-says-city-made-pariahs-of-officers-in-U-nurse-arrest.html) was pretty damn ridiculous too:

> [@](#):
>
> The premature release of body cam footage is particularly demoralizing as it allows the public who have not trained as police officers to make what often amounts to biased and ill-informed judgments of the police

Silly public, making judgments about their public servants. What are they thinking? Don’t they know they’re just supposed to defer to the police themselves on all matters of police discipline? :rolleyes:

And how lamentable that the city complied with the state’s freedom of information law. What were they thinking, releasing the video when required by law? :rolleyes:

---

<div class="post-metadata">

**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\
**Post date:** [October 17, 2017, 1:37am UTC](https://boards.straightdope.com/t/arrest-procedure-questions-using-the-arrested-nurse-as-example/795558/86 "2017-10-17T01:37:34Z")

</div>

> [@Pantastic](#):
>
> He didn’t get anything close to the ultimate discipline for it, if it were up to me not only would he be fired but he’d in prison on felony charges for abusing his position as a police officer to illegally assault and imprison an innocent person. Facing criminal charges for criminal behavior is completely reasonable, and not even the ultimate discipline that could be used, but cops just don’t face charges for that kind of thing.
> 
> She’s right that had the incident not received attention he’d get away with it, but that’s true of any criminal - if no one can prove their crime, they don’t get convicted.

The FBI & DA of SLC are conducting criminal investigations to see if this officer should be charged. I believe he should be, but won’t hold my breath.

> [@Snowboarder\_Bo](#):
>
> I like these parts:Aye; it’s only the fact that we heard about it that makes it _really_ bad. Other than that, this really wasn’t a big deal at all. :rolleyes:

And the only reason we heard about it is because after a month of discussing this assault with police, the nurse & her attorney said they were getting nowhere and the SLCPD was not taking them seriously & the thug cop was still on active duty. She felt that nothing would be done, so her attorney released it to the press. It took public backlash for Chief Brown to put them on administrative leave & investigate.

---

<div class="post-metadata">

**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [October 17, 2017, 2:17am UTC](https://boards.straightdope.com/t/arrest-procedure-questions-using-the-arrested-nurse-as-example/795558/87 "2017-10-17T02:17:47Z")

</div>

It just makes things worse to suggest the bodycam was responsible for the disciplinary action. there’s no “bias” switch on the device. The best they could suggest is that there is more to the video but I don’t see how that works if the officer is breaking the law.

I’ll entertain any gray area someone wants to throw out but from my perspective it’s a simple legal matter to resolve. Either he had the legal authority to draw blood or he didn’t. If he didn’t then he committed a crime.

[Previous page](https://boards.straightdope.com/t/arrest-procedure-questions-using-the-arrested-nurse-as-example/795558.md?page=4)
