imported post
Here's the March 28th newspaper article giving, of course, the "official" STORY (read CYA story) on the incident (as published by the paper):
http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20100328/NEWS/3280325
The voice mails left by Medford PD Officer Clausen (apparently the on scene "negotiator") and by the Medford PD dispatch office.
www.mailtribune.com/policevoicemail
Mr Pyles 911 call to Medford PD trying to determine what is going on:
www.mailtribune.com/pyles911
EXCERPTS from the Mail Tribune (newspaper) story:
Fears of retaliation prompted electronic surveillance that notified authorities when the suspended planner, David J. Pyles, 39, bought three handguns, a 12-gauge shotgun and a semi-automatic AK-47 rifle over the next three days.
Thefears of an apparently inept supervisor who had, for six months, been dealing with Mr Pyles appropriately filed complaints through the union cause the police to violate a citizens civil rights?
"Given the circumstances, we decided to react to be on the safe side," Jackson County Sheriff's Lt. Rich Fogarty said. "I think we did what was necessary."
After reading everything available to the public, they most certainly overstepped teh bounds of their authority and what was right.
According to Deputy Chief Tim George
"There was fear among the employees of ODOT that Pyles could cause them harm," George wrote.
And? Because someone is afraid, lacking any REASONALBLE cause to be afraid (more on that in a bit), the police go apeshit on a law abiding citizen?
On March 5, he, Undersheriff Rod Countryman, ODOT's District 8 Manager Jerry Marmon and a private security firm employee ODOT had hired temporarily met at the ODOT offices.
According to Cicero's report, Marmon described "a declining state of mental health" that included declines in Pyles' personal hygiene and appearance and verbal outbursts.
So a guy who is out to make a case against a citizen is now perfectly acceptable to the police to make a determination of someone mental health on which the police then act to brazenly violate the citizens civil rights?
Marmon told the officers that Pyles hadn't made any specific threats of violence, but he was concerned about "possible retaliation or workplace violence," Cicero's report said. Marmon said Pyles was frustrated primarily with a supervisor who worked in Douglas County, but he worried that the retaliation could be directed at him and the White City office.
Sounds to me like a boss looking to get even for official complaints files with the union by the employee.
Oregon Administrative Rule 257-010-0055(2) authorizes law enforcement agencies to access information from the OSP Firearms Instant Check System during an ongoing investigation, OSP spokesman Gregg Hastings said. Agencies only have to confirm that they are law enforcement and have an open case, usually by sending a written request on agency letterhead referencing an ongoing criminal investigation, he said.
Pyles' name was flagged after a phone call but the written request, usually sent right away by fax, apparently wasn't sent, Hastings said.
"That was an oversight and we will take steps to make sure that doesn't happen again," he said, noting that the process is rare.
An oversight or "we ginned one up after we got our asses in a sling"?
Amid growing concerns in the wake of the gun purchases, OSP, the sheriff's department and Medford police met at 6 p.m. March 7, sheriff's Detective Charley Retzer wrote in his report. A dozen officers reviewed the case and Marmon offered an account of Pyles' deteriorating relationships and performance at work over the past year.
What the hell is Marmon (the ODOT supervisor) doing involved at this stage of the game besides building his own personal vendetta?
Retzer and Lt. Rich Fogarty went to the ODOT office on Antelope Road at about 7:45 p.m. to examine Pyles' desk and computer. Retzer's report said he found no papers about workplace conflicts. The computer's hard drive had documents in which Pyles discussed harassment happening at work and a worker's compensation claim about "anxiety, depression and physiological aliments caused by his workplace stress."
Retzer said he didn't find any threats toward Pyles' coworkers or supervisors or any indication that Pyles would harm himself.
THIS is the most damning evidence against the actions of the police who AFTER THIS WAS DETERMINED went ahead and violated Mr Pyles anyway!!!!!
Clauson's report says that based on Pyles' weapons purchases, some ODOT employees were leaving their homes to stay in motels.
Well that shouldn't be too hard to PROVE but even if it is, we're just back to the irrational fears of someone when there is no reasonable cause to be fearful.
At 9:24 p.m., state police sent a teletype to law enforcement across southwest Oregon asking officers to be on the lookout for Pyles and warning of potential officer safety issues. It warned that he might be unstable and had made "concerning statements."
"There is no PC (probable cause) for arrest and no specific threat," it read.
At 9:50 p.m., a second OSP teletype reported that "there is now probable cause to detain for a POH (police officer hold)" and a hand-written note on Medford's copy of the bulletin notes it is a mental health hold by OSP. The available police reports don't indicate what the probable cause was.
So while there were no threats towards co-workers and no indication that Pyles might hurt himself (or anyone else) the PD puts out an "officer safety issues" BOLO attesting that they have no probably cause but just 26 minutes later someone decides there is probable cause but doesn't say what it is.
Correct me if I'm wrong but isn't Probable Cause is a CRIMINAL issue and there was NO CRIME COMMITTED. Just an ODOT supervisor hell bent on making Mr. Pyles pay for having the audacity to repeatedly file union complaints.
The article is a LONG one and the above is just a sampling of what is REPORTED to have gone down (and only from one police agencies viewpoint). Mr. Pyles has been very quiet in the public eye but is NOT letting this drop.
