N.C. Fire Chief Arrested for Assaulting Photojournalist
Assistant chief also arrested
North Carolina photojournalist Carter Rabil was one of the first photographers I wrote about after launching Photography is Not a Crime back in 2007.
At the time, he had been arrested for disorderly conduct and resisting arrest – contempt of cop charges which were later dropped.
Last week, he had another incident, this time with the a fire chief and his assistant.
But this time, it is them who were placed under arrest after allegedly damaging his $3,000 camcorder during the February 15th incident in which they “pushed and shoved” him.
Bentonville Fire Chief John Claude Beasley and his assistant chief, Michael Langston, turned themselves in on Monday after warrants were issued for their arrest.
They were charged with simple assault and damage to property. They were released with a promise to appear in court on March 22.
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Comments
And had any of us pushed and shoved the fire chief and his assistant, and damaged 3k worth of equipment we would have been charged with Assault and Battery, Destruction of property and would have had to post somewhere in the area of a 10 to 20k dollar bond.
Where is the justice in that.
Exactly. If a private citizen turns themselves in and shows remorse, well, their confession makes the police job easier, but no other effect. Guilty people are expected to show remorse, after all, to the extent that wrongfully convicted people have actually seen judges increase their sentences because they failed to show remorse (for something it was later proven they didn't do).
But if a cop, fire fighter, politician, etc, shows remorse like that, they get preferential treatment, and often just a slap on the wrist. After all, they've learned their lesson and won't do it again, right?
It's too bad courts refuse to consider equal protection clause cases on the basis of those with greater duty to obey the law being routinely given greater protection when breaking it.
It hasn't been a good week for Fire Chiefs...
http://thestrawbuyer.blogspot.com/2011/02/city-of-miami-assistant-fire-c...
its probably because they dont get paid enough...
Right, it's hard to make a living these days on $300k per year.
I never realized Rescue Me ( http://www.imdb.com/title/tt0381798/ ) was a documentary.
This one is interesting. There *must* have been something personal going on here. If this was in NY I'd expect the *photographer* to be headed to jail, charged with interfering with emergency personnel.
Folks, don't argue with a fire chief. They don't have LEO powers (which is maybe why these guys are in trouble; they should have left cop work to the cops!), they're *only* concerned with scene safety. Most civilians have no conception of the things that can go wrong at a 'simple' MVA or car fire, or how close is 'too close':
http://www.youtube.com/watch?v=WCDUQ-k9KYg
http://www.youtube.com/watch?v=XgLs0swtuDE
http://www.youtube.com/watch?v=b-qzxwjb8IU
http://www.youtube.com/watch?v=4RNUAUy465A
Just a few from my rogue's gallery. I've never been seriously scared in a structure fire. I'm often downright nervous on the highway.
(Yeah first post here, though I've been lurking for a good while. Fireman (who counts cops amongst his friends) and photographer - so I'll see both sides of quite a few arguments here. As always on the internet, I'm posting under my real name (which makes me kinda unusual on this bog it seems!) and I won't say anything here I wouldn't say to your face.)
Mike
Mike I agree with you that there must be more to the story than has been reported, given such an unusual set of circumstances. It will be interesting to see how this plays out in the future. My first thought was that whatever the chief and assistant chief did must have been pretty serious, otherwise it would have just been swept under the rug, but I could be wrong.
However, I do take issue with your statement: "Don't argue with the fire chief". While that may not be in your best interests if he/she is your boss, it would seem that as citizens we should have the right to disagree with the fire chief (or other government officials/employees) absent a physical or safety impediment to performing their duties.
Remember the First Amendment which is supposed to guarantee us "Freedom of Expression', and the right to "Petition the government for redress of grievances". So, arguing, disagreeing, or criticizing anybody is not a excuse to be assaulted, arrested, or in other ways have their rights deprived.
You might want to read Title 18, U.S.C., Section 242. It provides that if a government official/employee is found guilty they can not claim qualified immunity under state law, and they may also be personally liable for damages along with their department.
As I said, the issue IS safety. Perhaps I should have been clearer: 'Don't argue with the fire chief while they're trying to run an emergency scene!'.
Yell at him/her on the phone later, write letters to the newspaper, start a 'Chief xxx sux' Facebook page, bring it up at the next town meeting, do anything and everything the 1st amendment allows. But don't bother them *while they're working a scene*.
Better?
Depending on your jurisdiction, that may be an offence (see above) and the Chief may have authority to direct the PD to remove and/or arrest you (since in most jurisdictions, the FD has final authority over an emergency scene, not the PD - we can tell the PD what to and what we need, and they do it).
(oh and we appreciate the needs of the media; at a major incident, a PR officer will be tasked; they will provide information to the press, be available to be interviewed, and, when the incident is winding down, they'll get you time with the Chief)
Mike
That also depends on your region, Mike. Where I live EMS is primarily handled by a large private company, not the local FD, so the Chief has authority overall until the scene is safe; but once it's safe, if there's a patient on scene, the first paramedic on scene has full control, even over the Chief and cops. Once the patient is secure, however, it goes back to the Chief.
I've had people detained and locked in a squad car myself until the scene was cleared, but they were clearly interfering; standing in the way, blinding us with the camera lights, etc. Otherwise, even if I disagree with them filming or photographing an injured person as a matter of personal ethics, I agree with their right to do so.
Mike,
I fully agree with your sentiments with some possible exceptions. First and foremost all photographers/bystanders should respect scene safety/exclusion zones etc. as long as they are applied fairly and equally to everybody.
I have had many experiences where law enforcement or fire department personnel decided that they did not like me taking pictures of a certain crime/fire/accident scenes. In all of these cases I was well behind the yellow tape and behind other bystanders. Yet, I have been threatened with arrest, detainment, and violence because they did not like me taking pictures. Yet, they did not mind other bystanders standing around watching the scene. In these situations time is of the essence, and if coerced into stopping photographing or arrested, that opportunity will never be available again for that scene. So, I will question why I am being singled out, and to protest, in a respectful non-confrontational manner. I always document my on scene encounters/behavior with a digital micro-video recorder, and with my iPhone which instantly uploads data to a secure international server to prevent later erasure should my recorders be confiscated. This way I have documentation of any "Prior Restraint", which is considered by the courts to be the most egregious form of censorship, which can rarely be justified. It also documents any illegal or inappropriate threats that may be made against me. So many officials forget that as government employees they can not prohibit or censor what is visible from a public location. It seems that they decide that they do not like someone taking pictures and then twist rules, regulations, and statutes to justify what they want at the moment. It is only because of my video documentation that I have had several complaints "Sustained" by law enforcement internal affairs reviews.
I assure you that I am not out to take pictures of severely injured patients and usually try to choose camera angles that shield their faces. My interest is in documenting the work of first responders, the scene, and the story behind what happened.
By way of history, I worked for 20+ years as a paramedic on fixed-wing, rotor-wing and ground ambulances. I have worked as a nurse in emergency departments, ICU's, and in home health settings. I have tried to get to know local firefighters, police, and EMS personnel so that they know what I am doing and why. Indeed, I often provide my photos free of charge for them to use on their web pages, newsletters, as well as to the media. I have won multiple awards for my on scene photography, but still occasionally encounter hostile, and threatening officials.
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