This is wrong and why there is a need for a additional law

[Guest alsfirefighter]

Why wasn't this person also given an additional charge for assaulting and battering the EMT? Regardless of probable intoxication, he deserves to be charged with his assualt of that EMT. I have and always will be in favor of a additional law that includes a higher felony class of assault/battery to an emergency service person. PD has assault of a police officer, why are we not covered with an additional criminal charge that is a class or 2 higher then simple assault/battery. Please read:

New York DWI Driver Attacks Cop and EMT at Scene

 

ZACH HABERMAN 

Courtesy of The New York Post

May 2, 2004 -- An unlicensed drunken driver followed up a horrific car-flipping crash on the FDR Drive yesterday by biting a cop and smacking an EMT, police said. 

Dennis Velez, 20, was drunk behind the wheel of his girlfriend's 2002 Toyota driving south on the roadway at 2:20 a.m. when he lost control of the car near Delancey Street, cops said. 

He slammed into a livery cab, sending both cars flipping down the highway, cops and family said. 

The accident left Velez partially thrown from the car and tossed his passenger, a friend whom relatives identified as Juan Sanabria, 26, out of the car, leaving him about 40 feet from the wreck, police said. 

He was in serious condition last night at Bellevue Hospital. The cab's driver was also thrown from his car, and was in stable condition at Bellevue. 

When emergency responders arrived, Velez bit off more than he could chew - chomping his teeth into the left forearm of the police sergeant who was trying to pull him from the wrecked car, cops said. 

Velez also allegedly slapped a female EMT after he was put into the ambulance. 

"He started freaking out when he saw Juan on the ground and just wanted to get to him," said Velez's sister, Reina Lopez, 28. "He was so nervous about him." 

Lopez said she and her hot-tempered brother got into a fight earlier in the evening, which led to his alcohol-fueled joyride. 

She also said Velez didn't have a driver's license, but would frequently drive his girlfriend's car. 

Velez was charged with DWI, assaulting a police officer and driving without a license. 

 

 

[x635 4,066]

I was thinking the same thing. Probaly comes down to the major EMS problem (IMO) in NYC.....very little respect for EMS by NYC Goverment or other agencies. I can tell you in Boston, they would've been charged higher, it think it is "Assault against a public safety official" or something like that. It's not tolerated in any form up there. But who knows what really happened on that scene.

[N1Medic 69]

Why doesn't Westchester County have a law or ordinance?

[BFD1054 1,552]

Man, what is this world coming to? Will EMT's & Medics now have to become Tactical trained & carry Glocks or S&W's? It used to be police officers that got no respect, but everyone loved firemen & EMS workers. Now, no emergency service worker gets any respect, its unbelievable! It was good to see that the skell in this incident got charged with assaulting a police officer. But as alsfirefighter said, what about the EMT? Where is the justice for that poor, innocent EMT? I would really love to know what she did to warrant this guy to slap her, i'm willing to bet it was nothing! Ihave nothing at all against police officers, but they shouldn't be the only ones that have laws protecting them! I'm all for the charge of "assaulting a police officer," but i'd also love to see a charge that includes all emergency service personnel! Seth made mention of Boston...sounds to me like the City of Boston knows what they're doing! Hey, even if "assaulting a police officer" was a higher charge than that of another emergency service worker, that would be a start! For those of us who are involved in EMS & even fire, we have all seen different situations such as the incident posted. I remember being on a call with Peekskill EMS and the patient, an intox male, tried to swing at our female EMT. Well, he picked the wrong woman to mess with! Alsfirefighter would know who i am talking about, her initials are DB and she is one tough cookie! Well, she ripped into this guy something fierce and refused to treat him until PD restrained him! So, it can and will happen to people in the EMS & Fire fields, so where is the law covering assault on us?

[mikerabbit 2]

Actually there is a law on the books pertaining to assulting EMS or Firefighters as well as obstructing / preventing there work.

Mike

[Truck4 48]

First of all, we don't know if the slap was included in the charges against the drunk. The information in the article was most likely obtained between the time he was booked and the time it went to the DA's for arraignment. Just because they listed the three charges in the paper, it doesnt mean that those were the only charges. Second, the EMT would have to press charges against the drunk for the slap. If he or she wished to, it would more than likely been included in his booking. It is very likely that the EMT did not wish to press charges. The writer of the article states that "Velez also allegedly slapped the EMT.." This means the writer has no official statement about the slap. If he did, he would say "so and so" stated." Since there is no attribution, it may not be factual or might be something that the EMT doesnt want to make a big deal about.

I agree that there should be somewhat of a higher standard for emergency workers, somewhere between a civilian and a cop. There are NY State laws addressing obstruction that can be applied in these cases. As far as anything beyond that, you have to be careful. Just think about how many patients you have that are combative or belligerant (just about every 80 year old that doesnt want to go to the hospital) and may strike or push you away. You would have to really single out a certain group of patients, who for medical reasons, would be exhonerated of such a charge based on a medical condition anyway. So, in essence, the law would only be applied to drunks, criminals injured in the commission of thier crime and family/friends of the patient who force thier way to the patient. It would be difficult to get a conviction on that particular charge in any of these three cases.

Can you tell it's a crappy day outside and I have time on my hands?

[Guest alsfirefighter]

If the slap was witnessed by a police officer then the EMT would not have to be the one to press charges. It would be a witnessed assault and battery. At the least he could at least be charged with simple assault, aggravated harrassment and/or disorderly conduct. Any law that would pertain to us, in my opinion would be similiar to those that pertain to assaulting a police/peace officer which would be a "willingful" attempt or action." As far as difficult to get a conviction...that's the prosecutors job, the law still offers a option of additional punishment for any willingful assault. Even as a police officer you come to expect that some people due to reasons beyond their control may strike you, such as EDP's, elderly persons with dementia, those whom are under the influence of hallucinogenics. As far as the article goes, I understand what it reads, my post was based on what was written. As far as the term "alledgedly," he alledgedly was all the conditions that led to his charges being we assume he is innocent before proven guilty.