Posted on 11/05/2013 5:28:49 AM PST by ican'tbelieveit
This 4 On Your Side investigation looks into the actions of police officers and doctors in Southern New Mexico. A review of medical records, police reports and a federal lawsuit show deputies with the Hidalgo County Sheriff’s Office, police officers with the City of Deming and medical professionals at the Gila Regional Medical Center made some questionable decisions.
The incident began January 2, 2013 after David Eckert finished shopping at the Wal-Mart in Deming. According to a federal lawsuit, Eckert didn’t make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement.
Eckert’s attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks. Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity. While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.
The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was “unethical.”
But physicians at the Gila Regional Medical Center in Silver City agreed to perform the procedure and a few hours later, Eckert was admitted.
What Happened
While there, Eckert was subjected to repeated and humiliating forced medical procedures. A review of Eckert’s medical records, which he released to KOB, and details in the lawsuit show the following happened:
1. Eckert’s abdominal area was x-rayed; no narcotics were found.
2. Doctors then performed an exam of Eckert’s anus with their fingers; no narcotics were found.
3. Doctors performed a second exam of Eckert’s anus with their fingers; no narcotics were found.
4. Doctors penetrated Eckert’s anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
5. Doctors penetrated Eckert’s anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
6. Doctors penetrated Eckert’s anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
7. Doctors then x-rayed Eckert again; no narcotics were found.
8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert’s anus, rectum, colon, and large intestines. No narcotics were found.
Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures.
“If the officers in Hidalgo County and the City of Deming are seeking warrants for anal cavity searches based on how they’re standing and the warrant allows doctors at the Gila Hospital of Horrors to go in and do enemas and colonoscopies without consent, then anyone can be seized and that’s why the public needs to know about this,” Kennedy said.
Search Warrant Concerns
There are major concerns about the way the search warrant was carried out. Kennedy argues that the search warrant was overly broad and lacked probable cause. But beyond that, the warrant was only valid in Luna County, where Deming is located. The Gila Regional Medical Center is in Grant County. That means all of the medical procedures were performed illegally and the doctors who performed the procedures did so with no legal basis and no consent from the patient.
In addition, even if the search warrant was executed in the correct New Mexico county, the warrant expired at 10 p.m. Medical records show the prepping for the colonoscopy started at 1 a.m. the following day, three hours after the warrant expired.
“This is like something out of a science fiction film, anal probing by government officials and public employees,” Kennedy said.
No Comment
KOB reached out to the attorneys representing the defendants in the lawsuit and all declined to comment on the situation. The attorneys said it’s their personal policy not comment on pending litigation.
4 On Your Side Investigative Reporter Chris Ramirez cornered Deming Police Chief Brandon Gigante.
“As the police chief what reassurances could you give people when they come through your town that they won’t be violated or abused by your police officers?” Ramirez asked Chief Gigante.
“We follow the law in every aspect and we follow policies and protocols that we have in place,” Chief Gigante replied.
“Do you think those officers in this particular case did that?” Ramirez asked.
Gigante didn’t answer, instead he referred Ramirez to his attorney.
The Lawsuit
David Eckert is suing The City of Deming and Deming Police Officers Bobby Orosco, Robert Chavez and Officer Hernandez.
Eckert is also suing Hidalgo County Hidalgo County Deputies David Arredondo, Robert Rodriguez and Patrick Green.
Eckert is also suing Deputy District Attorney Daniel Dougherty and the Gila Regional Medical Center including Robert Wilcox, M.D and Okay Odocha, M.D.
:: after law enforcement asked him to step out of the vehicle ::
I think I see your problem here, Mr. Eckert.
He made a “rolling-stop” coming out of private property. What reasons would an officer have to have Mr. Eckert leave his vehicle?
Note to self...decline the request and ask for probable cause.
“Clutching his buttocks” or just hitching up his drawers after getting out?
Everyone of the law enforcement personnel involved in this should be given the Vlad Tepes treatment alongside the Sherrif’s office and left there to rot.
And yes, I am calling for the killing of so called law enforcement officers. These fascist pigs deserve to die as a warning to the rest of their foul ilk that we the people have had just about enough of this crap.
I wonder how this will affect my property tax bill for the vacant land I own near Deming?
The whole county isn't worth much. Eckert may end up owning all of it.
Validates that “BOHICA” (Navy jargon) does and will happen with our out of control law enforcement/government.
Though in no way condoning what the police did, I wonder if he had a record and was under surveillance for drug trafficking. The cops used a rolling stop sign violation as an excuse to search him. But obviously they went way too far in their actions.
Is there something missing here?
Is it normal for LEOs to request someone to “step out of the car” for a traffic stop?
I hope this guy wins a judgement against that police department that’s so large, they’ll be selling their office furniture, and that still wont be enough.
Exactly. The judgement should include shutting down the PD and reestablishhing it from top to bottom. oh, and, give them a restraining order that requires them not to operate in any manner until they have re-established full straffing and man-power. Even the local administrative assitant should be required to re-aply and interview for his/her old job.
His Attorneys can start sizing up which Gulfstream they want right now.
He should own the entire state by the time this is over.
bflr
Yeap, wonder what got him on their radar. He was probably a bit upset about being pulled over for rolling a stop sign at Walmart in a town like Lordsburg... and those officers showed him...
Sexual assault anyway you look at it.
I hope the medical center and sheriff’s dept get sued out the ass.
Just read it again. Two forced finger anal exams, three forced enemas and public defecation and one forced sedation and colonoscopy.
A very unfortunate way to win the lottery.
A very expensive way for cops to get their thrills paying with his poop.
I am still stunned. Hours later. And, thankfully for him, there is a warrant, there are treatment notes.
Those who support the War on Some Drugs continue to believe that there are logical limits to the destruction of our freedoms caused by this “war”. This case should demonstrate that there will be no limits. The destruction will continue until there is not a shred of the Bill of Rights left intact.
“Even worse, obamacare won’t cover the procedures.”
Knowing that hospital, the guy they raped will probably be given a bill.
If this report is accurate, winning a law suit, even a big one, is not nearly enough justice. Firings and long jail terms would be a start,; how much further to go would depend on his view of an eye for an eye.
Apparently this particular cop spends a lot of time looking at mens' buttocks.
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