Woman charged in Croton ambulance attack

[x635 4,066]

LoHud.com

CROTON — A village woman is facing a felony assault charge after she was accused of attacking two volunteer ambulance corps members

http://www.lohud.com/article/20120428/NEWS02/304280071/In-brief-Woman-charged-ambulance-attack-health-fairs-slated-weekend

I'm sure the assualt charges were warranted. But do police charges and open records supercede HIPPA in any way?

Assault has always been a fine line for me. We've all had to battle intoxicated, psych, diabetic and other altered mental status patients, but what's the line where the between an assualt and a just being a patient? It's kinda a very grey area. Please note this question has nothing to due with Croton, it's just something I've always wondered.

I'm sure the medical condition will be a defense, but felony assualt is a serious charge and I'm sure the experienced Medic and EMT on board wouldn't have filed the charges if they didn't warrant it, and hopefully true justice will prevail. It says she will face other charges, so I hope that the victims of the attack (EMS) a speedy recovery if they were injured.

[ny10570 745]

The criminal aspect and her healthcare are unrelated as far as privacy rights are concerned. There is no discussion about her mefical condition or details about why EMS was called. All of the information is pertinent to her arrest.

No one is going to pursue charges if there is a simple medical explanation for the violent behavior. That leads me to believe this was not a simple AMS or psychiatric emergency.

[PEMO3 523]

Seth, I can clearly see where your concern is but I have seen first hand that the respect is not there for first responders doing their job. While there may be a medical excuse for the behavior and I am sure her lawyer will exploit this whether there is or isn't one, there is no excuse for an assault on a person in the performance of their official duties. That is the reason that it was made a felony to assualt a EMS worker, firefighter, nurse, doctor, or bus driver (I am sure I forgot a few). It is a deterant to know you will not be getting a slap on the wrist if found guilty and that is the point presumed innocent until found guilty. But lets face it, even if the woman ends up with a medical or psychatric reason for her behavior the publicizing of her arrest has sent a message loud and clear to anyone else who thinks of assaulting an official in the performance of their duties. Lets not forget the Kennedy case that sent the other message that it is ok as long as you can explain your actions. Message sent is clear: "No excuses, hands off".

[SRS131EMTFF 471]

I was assaulted by a patient Memorial Day weekend. The patient was having a subarachnoid hemorrhage and had no real motor control. He could move limbs, breathe, blink etc but had no control of these processes. While we were in the process of attempting an IV I got slugged right in the eye. After detailing this in my PCR and writing up my injury report and having it forwarded to our PD, it was decided that although the "hit" constituted an assault during official duties, no charges were to be filed considering the nature of the circumstances. It didn't help that he was a vegetable either...

[INIT915 1,119]

I was assaulted by a patient Memorial Day weekend. The patient was having a subarachnoid hemorrhage and had no real motor control. He could move limbs, breathe, blink etc but had no control of these processes. While we were in the process of attempting an IV I got slugged right in the eye. After detailing this in my PCR and writing up my injury report and having it forwarded to our PD, it was decided that although the "hit" constituted an assault during official duties, no charges were to be filed considering the nature of the circumstances. It didn't help that he was a vegetable either...

Actually, given the scenario you presented, the "hit" does not constitute assault, not in New York anyway. Maybe under another states laws, but not here in New York.

[ny10570 745]

Why would you file charges against someone with no control over their motor functions?! Someone who gets themselves so whacked out of PCP or some other chemical and loses their mind, is a different story. Lock 'em up. Someone that lashes out due to hypoglycemia, a seizure, significant brain injury, etc are the people we are supposed to be helping. Why on earth would you you even pursue this?! Thank god reason prevailed and nothing went any further.

[SRS131EMTFF 471]

Actually, given the scenario you presented, the "hit" does not constitute assault, not in New York anyway. Maybe under another states laws, but not here in New York.

It did not occur in New York.

I was informed by the investigating officer that although charges were possible, in all odds they would not be filed. That was the last I heard of it, and frankly I am glad I am done with it. The black eye healed and I went on with my life.

[SRS131EMTFF 471]

Why would you file charges against someone with no control over their motor functions?! Someone who gets themselves so whacked out of PCP or some other chemical and loses their mind, is a different story. Lock 'em up. Someone that lashes out due to hypoglycemia, a seizure, significant brain injury, etc are the people we are supposed to be helping. Why on earth would you you even pursue this?! Thank god reason prevailed and nothing went any further.

There are complications beyond the 2 second recap I posted above. I did not want to include them because frankly I did not want to turn this into a call debrief. All I have to say is that there are reasons why these things happened beyond a guy with a medical emergency hit me in the face to have the local police considered filing charges.

Although I did not get the full story, the attending ER DR did include something regarding complications from cocaine and other illicit substances in the patients system that contributed to his condition.

I never expected or wanted charges to be filed. However once I filed the injury report and documentation with the town risk management people, the town rolled with it.

[streetdoc 14]

I was assaulted by a patient Memorial Day weekend. The patient was having a subarachnoid hemorrhage and had no real motor control. He could move limbs, breathe, blink etc but had no control of these processes. While we were in the process of attempting an IV I got slugged right in the eye. After detailing this in my PCR and writing up my injury report and having it forwarded to our PD, it was decided that although the "hit" constituted an assault during official duties, no charges were to be filed considering the nature of the circumstances. It didn't help that he was a vegetable either...

Good job as per your post you knew the patient was having a subarachnoid hemorrhage with no real motor control, yet without securing the patients limbs you decided to attemp an IV. Do you understand the difference between an altered / incapacitated and lucid with intent. You might want to do a little homework on that one, as for getting "slugged" in the eye it is still better than a needle stick. Edited April 30, 2012 by streetdoc

[helicopper 1,050]

For the purposes of clarity and to avoid speculating on what the law actually states, below is the statute pertaining to assault on an EMS worker:

§ 120.08 Assault on a peace officer, police officer, fireman or emergency medical services professional. A person is guilty of assault on a peace officer, police officer, fireman or emergency medical services professional when, with intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, or an emergency medical service paramedic or emergency medical service technician, from performing a lawful duty, he causes serious physical injury to such peace officer, police officer, fireman, paramedic or technician.

Assault on a peace officer, police officer, fireman or emergency medical services professional is a class C felony.

It is also possible that the charge filed was Assault in the 2nd Degree, also a felony, and that is quoted below:

The specific charge depends on the circumstances, the suspect's mindset and other factors. Given the nature of the charge, obviously one of these sections applied.

§ 120.05 Assault in the second degree.

A person is guilty of assault in the second degree when:

1. With intent to cause serious physical injury to another person, he

causes such injury to such person or to a third person; or

2. With intent to cause physical injury to another person, he causes

such injury to such person or to a third person by means of a deadly

weapon or a dangerous instrument; or

3. With intent to prevent a peace officer, a police officer,

registered nurse, licensed practical nurse, sanitation enforcement

agent, a firefighter, including a firefighter acting as a paramedic or

emergency medical technician administering first aid in the course of

performance of duty as such firefighter, an emergency medical service

paramedic or emergency medical service technician, or medical or related

personnel in a hospital emergency department, a city marshal, a traffic

enforcement officer or traffic enforcement agent, from performing a

lawful duty, by means including releasing or failing to control an

animal under circumstances evincing the actor's intent that the animal

obstruct the lawful activity of such peace officer, police officer,

registered nurse, licensed practical nurse, sanitation enforcement

agent, firefighter, paramedic, technician, city marshal, traffic

enforcement officer or traffic enforcement agent, he or she causes

physical injury to such peace officer, police officer, registered nurse,

licensed practical nurse, sanitation enforcement agent, firefighter,

paramedic, technician or medical or related personnel in a hospital

emergency department, city marshal, traffic enforcement officer or

traffic enforcement agent; or

4. He recklessly causes serious physical injury to another person by

means of a deadly weapon or a dangerous instrument; or

5. For a purpose other than lawful medical or therapeutic treatment,

he intentionally causes stupor, unconsciousness or other physical

impairment or injury to another person by administering to him, without

his consent, a drug, substance or preparation capable of producing the

same; or

6. In the course of and in furtherance of the commission or attempted

commission of a felony, other than a felony defined in article one

hundred thirty which requires corroboration for conviction, or of

immediate flight therefrom, he, or another participant if there be any,

causes physical injury to a person other than one of the participants;

or

7. Having been charged with or convicted of a crime and while confined

in a correctional facility, as defined in subdivision three of section

forty of the correction law, pursuant to such charge or conviction, with

intent to cause physical injury to another person, he causes such injury

to such person or to a third person; or

8. Being eighteen years old or more and with intent to cause physical

injury to a person less than eleven years old, the defendant recklessly

causes serious physical injury to such person; or

9. Being eighteen years old or more and with intent to cause physical

injury to a person less than seven years old, the defendant causes such

injury to such person; or

10. Acting at a place the person knows, or reasonably should know, is

on school grounds and with intent to cause physical injury, he or she:

(a) causes such injury to an employee of a school or public school

district; or

( not being a student of such school or public school district,

causes physical injury to another, and such other person is a student of

such school who is attending or present for educational purposes. For

purposes of this subdivision the term "school grounds" shall have the ( not being a student of such school or public school district,

causes physical injury to another, and such other person is a student of

such school who is attending or present for educational purposes. For

purposes of this subdivision the term "school grounds" shall have the

meaning set forth in subdivision fourteen of section 220.00 of this chapter.

11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signal person, bus operator or station agent employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a traffic enforcement officer, traffic enforcement agent or sanitation enforcement agent, registered nurse or licensed practical nurse he or she causes physical injury to such train operator, ticket inspector, conductor, signal person, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practical nurse or sanitation enforcement agent, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, or such city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practical nurse or sanitation enforcement agent is performing an assigned duty. 12. With intent to cause physical injury to a person who is sixty-five years of age or older, he or she causes such injury to such person, and the actor is more than ten years younger than such person. Assault in the second degree is a class D felony.