Fire Captain Confronts Person Filming Incident With Cell Phone

[x635 4,066]

Right or wrong?

Fire Captain Confronts Person Videotaping Scene-Click Here To Watch

News Article:

EXCLUSIVE: Screaming M-D Fire Captain Faces No Discipline

Read more: http://miami.cbslocal.com/2013/06/04/exclusive-screaming-m-d-fire-captain-faces-no-discipline/

[gamewell45 258]

If Capt. Smart felt there was a safety issue, he should have asked the photographer to leave a few times, then called for police assistance. The police are trained to deal with situations like that.

[STAT213 332]

Holy he#%! What an ass.

Yes, the Captain. Not the guy filming. He was polite and respectful. There was NO good reason for him to ask the guy to stop filming, or to tell him to leave. It only got worse from there.

Smile and wave, you're a public servant on camera. Act professionally and carry on with your work. If you want, ask for guidance from higher ups about people filming. Pretty sure they'll tell ya to ignore the cameras and go about your work.

Instead, you're now on the news making the fire service look fantastic!

[lad12derff 283]

I think the Capt did ask for help in the beginning. just another jerk civilian getting in the way trying to look for a lawsuit. No need to work America, just sue whoever you want to get ahead!!!!

If Capt. Smart felt there was a safety issue, he should have asked the photographer to leave a few times, then called for police assistance. The police are trained to deal with situations like that.

[AFS1970 504]

Well, it would appear that the Captain is not as smart as his name implies.

Buffs have been around since before cameras, I doubt they are going away anytime soon. Although they can at times be quite annoying, most departments seem to either ignore them entirely or at least tacitly accept them at scenes.

Based on the begining of the video, I would say that the firefighter shown to the rear of the engine in the roadway was responsible for maintaining the perimiter, which he seemed to be doing. By the fact that he was in the same video as the rest of the incident it was pretty clear that the buff was outside of this perimiter. This was also clear by the multiple cars that passed between the camera and the LZ. If for some reason the perimiter needed to be expanded, I would think that the firefighters on the perimiter would have been notified and been responsible for shutting down the roadway and notifying any pedestrians there.

When the captain and the other firefighter approiached the buff, the first guy motioned and said to stop filming and then before any question could be asked, the captain became beligerant, rude, and demanding. He lied on the radio when he described the buff as "combative". He then seemed to use excesive physical force to more the buff. In some cases , although this video was too limited in view to determine, this could have been an assault. I also notied that while pushing the buff he was wearing goiled gloves with the patient's blood on them. Dangerous and not too classy.

I also noticed that he kept yelling into the radio and speaking over the buff thus creating a recording of his side of the argument but due to his yelling and the normal background noise of the LZ probably no recording of how calm the buff was.

I am sure that Capt. Smart is the exception and not the rule when it comes to MDFR, I hope that he is not used as an example of the right way to interact with the public, and frankly I hope he has to explain why he should keep his job after such a performance. At the very least he should not be treating patients or supervising anyone with that kind of behavioral issue.

[M' Ave 1,466]

Bad, this just looks bad. The Capt. was wrong in his delivery of a need to back away.....if that need even existed. Seemed plenty far, but thats just me. People with cameras are the WORST, but they're within their rights, as long as they're our of your way. All we can do is look our best being professional.

[PEMO3 523]

This is the best training video of how NOT to act on the scene of an incident when interacting with the general public. I also have to agree that I question if there was actually a need to move back or if this officer just wanted the video stopped for a personal reason. If a need existed to move back then a simple " please move back X feet for your safety" would have probably elicited cooperation but as soon as it was coupled with the second more really reason for the move, "stop the video" it was turned into a confrontation. The officer gave the citizen mixed signals, am I moving for my safety or because you do not want me video taping regardless of where I stand. If the later then I believe public space and freedoms trump the request especially if he was outside of the "scene".

[FDNY 10-75 640]

The Captain was wrong but I'd be willing to bet that the videographer is a bug and they've had problems with him before...

[v85 212]

Some people think the object under his RVM is a light. A whacker maybe?

[x4093k 654]

Is there ANY reason at all to turn the microphone on while hes asking a civillian to move back? It's a incident involving a chopper, and he's on the radio yelling at the guy? and then giving an attitude because they didn't respond to his first nasty request? Really? I am pretty sure the first guy who walked up could've asked in a more appropriate way, but no, he had to.

It's just a disgrace in my opinion, even though he could have a valid point on where exactly the camera is pointing, but that's not what he was worried about.

Edited June 7, 2013 by x4093k

[SmokeyJoe 161]

You kiddin me? This buff was a complet d-bag and shoulda been pinched for disorderly conduct. And what's with the dash light? He's no MoS as a professional first responder would never have carried himself like this video-thug.

[crcocr1 8]

You kiddin me? This buff was a complet d-bag and shoulda been pinched for disorderly conduct. And what's with the dash light? He's no MoS as a professional first responder would never have carried himself like this video-thug.

Where's the disorderly conduct on the part of the videographer? Assuming there is no further evidence that we haven't seen, I don't see any evidence the videographer caused a public disturbance or inconvenience, nor did he disobey a lawful order by law enforcement. (The order that he could not video was not lawful as the law allows people to video and photograph in public areas.) Thus, no charge would lie under PL 240.20, a mere violation. Further since there was no physical inteference with firefighting operations, there likely would be no charge for Obstruction of Government Activity or Obstruction of Firefighting Operations under Article 195 of the Penal Law, a misdemeanor. If the videographer had a dashboard light and is not authorized to have it, then there might be a charge for that offense. Assuming Florida has a similar statutory scheme and absent any evidence that the videographer was impersonating a public servant (i.e. pointed to the dashboard light and said I'm a firefighter), I don't see anything that would subject him to any criminal charges.

Further there is no violation of HIPAA or privacy as the videographer does not have any PHI of the patient.

Ironically, the captain was causing a public disturbance that caused a crowd to gather and could be crimiinally liable for disorderly conduct, harassment, and possibly attempted assault for the pushing but to what end? I think the captain should remain professional at all times even if he doesn't like someone with a video camera over his shoulder or use a truck to block the area from sight if it could be safely done.

I'm curious what else could be done to keep both FD and the videographer happy with minimal effort. Its a world we live in and will continue to live in barring the enactment of new laws that comport with federal and state constitutions.

Edited June 8, 2013 by crcocr1

[SRS131EMTFF 471]

Given that the MDFR personnel in question is an appointed "officer" of his department, a municipal organization directly answerable to the tax payers and citizens for his actions, it is my opinion that this "captain" should have been disciplined and demoted. It is quite obvious based on the video (regardless of what was not recorded), this "officer" is unable to maintain his professional demeanor under even calm conditions. How is this "officer" able to lead his crew, men whose life he is responsible for, into IDLH environments when the environment is not so calm given he can not maintain his own composure? Additionally, his lying to dispatch about the "combative" photographer is reprehensible given that it could have endangered any LEO responding unnecessarily.

Futhermore the MDFR member who stated filming is illegal should have been disciplined as well. It was unacceptable for that member to attempt to limit the photographers right to record what was in plain sight.

[RWC130 594]

Nothing to see here!

[61MACKBR1 222]

Summary:

1) No Incident Scene Permiter Rope Off Tape is scene anywhere near where this took place

2) No Police presence anywhere in sight

3) Captain Smart not being 'Very Smart' in the way that he handled himsef in concerning this individual (not professional)

After watching this video, in my opinion, it very well might be that Captain Smart has had issues with this videographer in the past. However, if Captain Smart felt that a perimeter needed to be established in order to protect not only te individuals and property related to the incident, as well as the safety of the surrounding public, then the police should have been summonded to "Rope Off" the area and secure the perimter. Then clear boundries could be establshed to when the general public could stand and observe (should that be their choice and right). What clearly happened, as recorded in this video account was Captain Smart clearly stepping outside of his professional responsiblity and boundries. His primary responsibility should have been the patient, helicopeter and overall scene and not to "individually and directly" handle a bystander who may or may not have been within the secure (not established by police tape) perimeter.

Even touching a citizen with his forearm could have resulted in crimimal charges filed against Captain Stanley. Yes, in today's age of Lawsuits, public safety employees (outside of policie personnel) need to understand what they are in the right to do and what they cannot do. Where were the police at this scene. It appears as if this was taking place long after the initial incident took place. The police, based upon recommendations made by Captain Smart, should have secured the perimeter and handled this matter, not Captain Smart.AND YOU CANNOT TOUCH ANY ONE (he clearly pushed the photographer with his forearm, which is a major NO-NO !!!)

I don't believe that the any crimimal charges will be set onto Captain Smart, but I suspect that the service that he belongs to, will definately have Captain Smart attend classes on how to and how not to deal with situations like this one in the future

[STAT213 332]

Well, here's how MDFR handled this.

http://miami.cbslocal.com/2013/06/04/exclusive-screaming-m-d-fire-captain-faces-no-discipline/

[bgore3 8]

Like it or not the photographer wasn't acting illegally. Bystanders will always be curious to see what's going on with all the bells, whistles and other activity that emergencies create. All personnel should be trained to appropriately deal with these types of situations at all levels.

[JM15 386]

Well, here's how MDFR handled this.

http://miami.cbslocal.com/2013/06/04/exclusive-screaming-m-d-fire-captain-faces-no-discipline/

Disgraceful...