Traffic Stop Ends In Colonoscopy

[BG45]

Summary before posting:  

Get a search warrant to search a man's anus due to bad hit by drug dog? Check. Take him to the next county over after doctor refuses to check anus on ethical grounds? Check. Search Warrant wasn't applicable in next county? Check. 2 X-Rays, 2 fingerings of his anus, 3 enemas, and a sedation ending in a colonoscopy...all of which without consent? Check. Hospital that performed warrantless (remember, not applicable in the county it was in) invasive anal probing threatening to take the guy to collections because he's not yet paid them for his unlawful anal penetration? Check.

 

Personal Opinion:

I hope he wins his civil suit and files criminal charges as well.  He was essentially, sexually assaulted by the medical personnel involved in the procedure through the repeated forced anal penetration.  Their licenses should be taken away.  The police involved should be fired and brought up on criminal charges so they can face prison time.
 

 

4 on your side investigates traffic stop nightmare

 

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. 

 

[PDF of Suit is embedded in the original]

 

 

 

[AnneLine]

Oh brother.   

Now you are the criminology guy, BG... but I am more than the expert I want to be on colonoscopies and similar things because of my husband's bout with colon cancer, and both of our belonging to a colorectal support group for over 5 years.

 

I don't want anyone scared away from the colonoscopy procedure, and adults do need it after a certain age or when certain symptoms are present.  Bottom line, it saves lives (yes, I know, a VERY BAD Colon-support group joke)

 

So, yes, colonoscopies and similar procedures are life-saving things... when used appropriately.

 

BUT... anyone who has one of them knows

 

1) it is NOT a pleasant prep before hand

2) it is a very invasive test

3) there IS a certain amount of danger of perforation during the procedure

4) yes, occasionally there are even complications that can result in a death

 

This is not an appropriate way to do a criminal search.  Even if there are grounds, the patient / accused has rights.

 

Those and his person were VIOLATED.

 

So.... yes I think they have a case.

 

Yes I hope they get 'em on both the criminal AND civil angles.

 

It would seem to ME than in addition to what was mentioned above a smart attorney could also bring 'em up on charges of false imprisonment and sexual abuse.  Not sure, but I would think they should try...

 

And I don't want to think about the prison experience of these uh, professionals, when they get into general population.  

 

And... I have to say it... it gives those alien abduction stories, complete with a 'Gila monster' hospital, more credence....

Edited November 6, 2013 by AnneLine

[r2Dtoo]

A colonoscopy really? My father has had one of those. I was with him the night of his prep. There's no way you could even give him a full prep in a few hours, that's definitely an overnight procedure. These doctors and cops were just being ridiculous.

So, no, nothing I can say in defense of the police here. Libertarians and Anarchist have won the day, but don't worry there's always tomorrow. :)

[Lil Red]

the guy was raped, repeatedly. i hope he doesn't settle and takes his case to criminal and civil court and cleans house. 

 

btw, i think one of the deputies was promoted - AFTER this incident happened. the promotion was not related to this incident, though. ridonkulous. 

[AnneLine]

Gang raped.  I agree, Red.  

 

And I think false-arrest and probably a bunch of violence against person charges as well. 

 

BG, what do YOU think they could charge him with if they threw the book at him?

[Winchester]

Here's your drug war, you morons. 

[BG45]

Gang raped.  I agree, Red.  

 

And I think false-arrest and probably a bunch of violence against person charges as well. 

 

BG, what do YOU think they could charge him with if they threw the book at him?

 

Sexual assault and false imprisonment definitely, with you all on that.  Don't even know what in the world one would use to charge for conducting things without a warrant, let alone in a different county with a warrant (saying there wasn't one, since none of this happened in the county where it was signed).  Maybe even multiple charges of false imprisonment...one for detaining him until the search warrant was issues, one for dragging him to the first medical center, and one for the one where he was anally violated repeatedly.

 

I'm with y'all, I am utterly aghast at the story.  Thankfully, so were my students.  A few even dropped the f-bomb under their breath as I showed the video from that local news site rather than just tell them myself.  If he doesn't pursue criminal charges, his lawyer isn't any good, and they better give him a giant payout (and make sure he doesn't get sent to collections on the medical bills where the hospital is trying to force him to pay for his repeated unlawful and nonconsensual anal penetration).  

 

Personally, my family has a history of colon cancer.  I'm 3 years from my first colonoscopy, and not looking forward to it.  Agreed with those of you who said there's no way there was a proper prep, because you're on a white diet, then you get to fast, and they give you a lovely drink which takes hours to make it through and utterly purges your bowels quite explosively as you become one with the toilet seat. x.x  

[CatherineM]

So having made it safely across the border with a million dollars of cocaine, he goes shopping at Walmart?

I'd love to be his lawyer. Personal injury cases pay 1/3 before trial and 50% if it goes to trial. This is winning the lottery for the lawyer, and he didn't get probed.

[Winchester]

Sexual assault and false imprisonment definitely, with you all on that.  Don't even know what in the world one would use to charge for conducting things without a warrant, 

The trial has to focus on some of the technicalities, of course. That's all that's really available. It is well within the power of the government to commit rape based on the laughable parameters around probable cause.

 

But what those outside of the trial must see is that a judge did grant a warrant. We're dealing with multiple levels of evil, here. I hope this exposes to at least a few people the complete idiocy of "separation of powers" as a check on government power. I hope it exposes that cops, and judges are ordinary people at best. Power attracts predators. Get off on abusing people? Join the enforcement or judicial classes. You can throw people in cages for showing disrespect, beat people for not complying with your arbitrary commands. I hope that out of this act of rape comes a recognition that the answer to evil is not creating a concentration of power in order to attract and protect the evil.

[truthfinder]

Lil Red, your avatar seems completely appropriate for this topic.

 

"Clenching his buttocks" - I wonder if the police make a regular study of people's buttocks and how clenched they are...

Edited November 6, 2013 by truthfinder

[r2Dtoo]

The trial has to focus on some of the technicalities, of course. That's all that's really available. It is well within the power of the government to commit rape based on the laughable parameters around probable cause.

But what those outside of the trial must see is that a judge did grant a warrant. We're dealing with multiple levels of evil, here. I hope this exposes to at least a few people the complete idiocy of "separation of powers" as a check on government power. I hope it exposes that cops, and judges are ordinary people at best. Power attracts predators. Get off on abusing people? Join the enforcement or judicial classes. You can throw people in cages for showing disrespect, beat people for not complying with your arbitrary commands. I hope that out of this act of rape comes a recognition that the answer to evil is not creating a concentration of power in order to attract and protect the evil.

Always gonna argue that the only real criminals are government agents, huh? Edited November 6, 2013 by r2Dtoo

[AnneLine]

Lil Red, your avatar seems completely appropriate for this topic.

 

"Clenching his buttocks" - I wonder if the police make a regular study of people's buttocks and how clenched they are...

 

 

Sounds to me like the guy was scared sh*t-less.  Perhaps that is why they didn't have to 'bother' with a full colon prep?   Grrrrrrrr.

Edited November 6, 2013 by AnneLine

[Winchester]

Always gonna argue that the only real criminals are government agents, huh?

I am sure that you believe that's what I said.

[AnneLine]

A few thoughts on this:

 

 

Sexual assault and false imprisonment definitely, with you all on that.  Don't even know what in the world one would use to charge for conducting things without a warrant, let alone in a different county with a warrant (saying there wasn't one, since none of this happened in the county where it was signed).  Maybe even multiple charges of false imprisonment...one for detaining him until the search warrant was issues, one for dragging him to the first medical center, and one for the one where he was anally violated repeatedly.

 

I wonder if a charge of CONSPIRACY to commit the various felonies might not be in order....

 

 

I'm with y'all, I am utterly aghast at the story.  Thankfully, so were my students.  A few even dropped the f-bomb under their breath as I showed the video from that local news site rather than just tell them myself.  If he doesn't pursue criminal charges, his lawyer isn't any good, and they better give him a giant payout (and make sure he doesn't get sent to collections on the medical bills where the hospital is trying to force him to pay for his repeated unlawful and nonconsensual anal penetration).  

 

If his lawyer isn't any good, I suggest we import CatherineM and let her get the 1/3 to 1/2 of the $$$ in payout to finance all her 'repair people from the sh*t of the world' work she is doing with this money.  How say ye?

 

Personally, my family has a history of colon cancer.  I'm 3 years from my first colonoscopy, and not looking forward to it.  Agreed with those of you who said there's no way there was a proper prep, because you're on a white diet, then you get to fast, and they give you a lovely drink which takes hours to make it through and utterly purges your bowels quite explosively as you become one with the toilet seat. x.x  

 

I have 3 words for you -- and for all of you! -- when the time comes.  And they are 'PILLS NOT BOTTLE'.   There is a way to do the colon prep that is much less invasive.... you still have to drink tons of clear fluid (water, apple juice, broth) but you do NOT have to drink the 2 gallons of horrible sludge drink.  You drink the water, take pills (lots of 'em) and they clean you right out.  TRUST ME and the colorectal support group on this.  We know all about othis stuff.... and more than you want to know about this stuff.

 

AND.... increasingly they are using VIRTUAL COLONOSCOPIES anyway -- no insertion needed. 

 

**** THERE WAS NO REASON FOR THIS GUY TO HAVE TO HAVE THIS DONE TO HIM!!!!! *****

 

Rant ended, sorry if I got a little over-the-top but good heavens!

[r2Dtoo]

I am sure that you believe that's what I said.

You are free to clarify.