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Some Fights

A Fight to Remember

By Gerry Goldshine

 

Altruistic motivations aside, one of the reasons many of us chose police-work as a profession was the unpredictable nature of the job. Each day presents new and differing challenges; one shift might be filled with mind numbing reports while the next might involve ducking punches trying to quell a bar brawl. Business professionals are not usually going to find themselves involved in a physical altercation with a customer. Yet, such confrontations are almost a given in police work, more so depending upon the number of drinking establishments your town happens to have.  In an officer’s career, most of these fights usually blend into the tapestry of innumerable, long forgotten calls for service, traffic stops and arrests. That said, there are always some fights that you never forget.

Swing shift briefing this particular afternoon was unremarkable save for a warning about not using our flashlights in place of our batons. Apparently, a not so happy “camper” was suing officers of a Southern California department for doing just that. I filed that tidbit away in the back of my mind, thinking it would never be of importance, before heading out to patrol my assigned beat, on the east side of town. By the time Graveyard shift hit the streets later that night (around 2200 -10:00 PM) I was buried in reports; since it was the early 1980’s, we actually had to write our reports by putting pencil/pen to paper. This is the less than glamorous facet of police work seldom, if ever, portrayed by Hollywood fiction which in reality, typically makes up the larger part of an officer’s day.

Traffic Officer Gerry Goldshine circa 1985 in his patrol car
Traffic Officer Gerry Goldshine circa 1985 in his patrol car

Our patrol cars were our offices and we would have to park somewhere within our beat to complete our paperwork so that we were available to handle any calls. Back then, a favorite spot to park and write was an old abandoned gas station at the corner of East Washington and South McDowell Boulevard. I had parked facing west, directly across from the “I Forgot Its Name” restaurant and bar, which was nestled in the middle of a Best Western Motel complex.

I had been writing for about an hour or so, my clipboard stuffed with reports yet to be approved by my sergeant. I was engrossed in some residential burglary report that had no leads, when the sound of a man yelling broke my concentration. I could tell, without even looking, that it was the type of howl made by somebody having consumed a snoot-full of booze. I just knew that he was probably going to require my attention, putting me further behind in completing my paperwork. I grudgingly peered out the front windshield in time to see a middle-aged man stagger over to a shopping cart that someone had abandoned in the parking lot. Clearly unaware of my presence and for reasons known only to him, this likely intoxicated clown proceeds to push the cart right into the street where it rolled to a stop in the middle of the far right lane, posing a hazard to traffic.

At almost the same time, Officer Dave Port happened to be making a right turn from East Washington onto South McDowell and witnessed what I had just seen. Dave got on his patrol car’s public address system and ordered this inebriated moron to pull the cart back out of the street. Neither of us was especially pleased with his response, which was in sign language and involved a contemptuous display of his middle finger. I fired up my patrol car and drove across the street to join Dave, who by then had pulled into the parking and removed the cart from the street.

By the time I got out of my car, Dave was in the process of explaining to “inebriated moron” that he was going to get a rather costly citation for causing a traffic hazard. Not surprisingly, he responded in a less than pleasant manner, giving both of us another emphatic, “Fuck you!” only this time, verbally and rather loudly, too. He turned to walk away as Dave and I looked at each other in disbelief. I stepped in front, blocking his withdrawal as Dave told him that he was under arrest for disorderly conduct. It should go without saying that “inebriated moron” was not having any of that and whirled around, quite obviously prepared to fight. I grabbed one of his arms, intending to apply

Demo of compliance holds, wristlocks www.acslaw.org
Demo of compliance holds, wristlocks
photo courtesy of http://www.acslaw.org

a wristlock, when another man came running toward us from between some parked cars. Without a word, he proceeded to shove me away from the first subject. Speaking with a heavy German accent and his breath laced with the unmistakable odor of alcoholic beverages, this new player demanded to know what we were doing with his brother. Given that we were now facing two drunken combative morons, Dave notified dispatched we needed more help.

I tried to explain to our newest “friend” that we were arresting his brother for pushing the shopping cart into the street, creating a traffic hazard and for public intoxication. I had already decided to arrest him once we got some more help, figuring for the moment, a modicum of discretion was the best course of action. Naturally, as Murphy’s Law is wont to do, he swung a balled up fist at me catching me with a glancing blow to my shoulder. The fight was on, Dave grappling with one brother and me with the other. Somehow, Dave had managed to use his portable radio and told whoever was coming to help us, to step up his response to “Code Three” – with emergency lights and siren. This in and of itself was a sign to other officers, that we were undoubtedly in some “deep Kimchi”.  

An instant later, I unexpectedly found myself fighting with not one but two men. My first thought was that Dave had somehow lost control of the idiot who had caused all of this. That was until I saw that he was also fighting with two men. What started out to be a simple “routine” arrest for public intoxication had turned into a donnybrook and we were outnumbered two to one. Dave and I both had the same disquieting thought; where were these guys coming from and how many more were going to join the fracas?

I had already taken a couple of well-placed body shots when I managed to get my hand on the microphone clipped to my uniform shirt’s epaulet and called a “Code Twenty” meaning that we needed any and all help we could get, immediately if not sooner. Just as I heard dispatch sounding the alert tones over the radio, someone knocked the microphone from my shoulder and the next thing I knew, I was on the ground beneath two attackers.  From out of the corner of my I caught a brief glimpse of a third person running towards me. That “Oh Shit!” moment quickly turned to relief when this person tackled one of the two atop me and pulled him off. For the moment, I was back to fighting one on one.

In the ensuing struggle, I managed to get on top of my suspect but unfortunately, the jackass was then lying on his hands and arms, making it impossible for me to handcuff him. I yelled at him to put out his hands, though at this point, I knew it was a futile request. I upped the use of force ante pulling out my trusty can of Mace, which is essentially liquid tear gas, and gave him a generous dose in his face. Unfortunately, the Mace did not work as advertised and he still refused to bring his arms out from underneath him or cooperate in any manner whatsoever.

I reached for my baton and discovered it had popped out of the holder on my equipment belt; so much for that option. It finally dawned on me that I was holding my police issue flashlight in my right hand. It was with a great sense of irony that I looked at the flashlight, then the suspect’s head, then the flashlight. I quickly figured that it was probably an incredibly bad idea to smack him in the head with said flashlight, given the warning we just received in briefing; however, the good Lord knows just how badly I wanted to do just that at that very moment.

Then, the welcomed sound of wailing and yelping sirens piercing the night, converging upon us from what seemed like every direction, finally penetrated my consciousness.

The cavalry arrives! Photo courtesy of the Roanoak Times
The cavalry arrives! Photo courtesy of the Roanoke Times/AP 

The cavalry had arrived! In a matter of seconds, the restaurant parking lot and part of South McDowell Boulevard filled with patrol cars from not only Petaluma Police but also Sonoma County Sheriff and the California Highway Patrol. The sounds of more than a dozen police car radios echoed off the surrounding buildings, which were awash in a kaleidoscope of flashing blue and red colors.  

A couple of officers helped me convince my subject to conclude that it was in his best interests that he let me handcuff him. As one of the other officers led him off to one of the waiting patrol cars, I looked around the chaotic scene and noticed someone in street clothes assisting some officers in cuffing my other assailant. As it turned out, he was an off-duty California Correctional Officer who happened to be driving by and saw that we needed help. He was the person who tackled one of my assailants.

Within minutes, all four were in handcuffs and on their way to the station for booking before transport to Sonoma County Jail. That’s when we learned they were all brothers, living in the San Francisco area, though they were originally from Germany which explained the accents.

As has previously been mentioned on “Just-the-Facts Ma’am”, during these kinds of adrenaline fuel incidents, our perception of time is altered. For me, the wait for help to arrive seemed interminable, yet the entire confrontation from start to finish lasted no more than four and a half minutes. I’m not sure how long it was before I finally felt the adrenaline bleeding away only to be replaced by an overwhelming feeling of fatigue. Both Dave and I had torn, tattered uniforms, in addition to an assortment of cuts, scrapes and bruises; Dave had torn cartilage between several ribs while I had a couple of badly bruised ones.

Now, had this been an episode of Dragnet or Adam-12, this would be the point where the fate of the four suspects was revealed. In keeping with that spirit, some names have been changed to protect the guilty. The District Attorney, in and for the County of Sonoma, accepted the following plea agreement for the four Deutschland Brothers. By each brother pleading guilty to two counts of misdemeanor “Battery upon a Police Officer” and two counts of “Resisting Arrest and Interfering with an Officer”, the DA would dismiss the felony battery charges and request no jail time upon successful completion of 5 years probation. The guilty plea rendered moot the lawsuit they filed against the City of Petaluma for alleged police misconduct. It also meant that the counter-suit Dave and I filed against each of the four brothers was successfully settled out of court for an undisclosed sum. The Chief of Police wrote the off-duty California Correctional Officer a letter of commendation for coming to our aid.

Apologies to the band Fun. and their wonderful song, Some Nights

Check out Just the Facts, Ma’am on Wednesday for the continuation of Hal Collier’s Ramblings on calls for service–next comes part one of 5150’s. For those of you who aren’t familiar with that term, it’s the California Welfare & Institutions Code for mentally impaired. Get ready for more stories!

Thonie

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Writer's Notes

Under the Affluence of Incahol

Under the Affluence of Incahol

Guest Post by Gerry Goldshine

The one thing that police officers can count on coming across at least once during a shift is someone under the influence of alcohol, otherwise known as “The Drunk”. The over consumption and abuse of alcohol is a serious problem in this country. According to the National Institute of Health, 17.6 million adults are alcoholics or have serious drinking issues. The US Department of Justice says that alcohol is a factor in over 40% of violent crimes and where domestic abuse has occurred, that figure jumps to over 90%. One third of all traffic fatalities involve someone driving while intoxicated. Most of my Law Enforcement career was in Traffic; that included traffic accident reconstruction, traffic law enforcement as well as the detection and apprehension of intoxicated drivers. Of all the traffic fatalities I investigated, only 6 did not involve someone who had consumed alcoholic beverages. Consequently, I developed quite a knack for spotting the inebriated motorist and getting them off the road. While I want to clearly acknowledge that the abuse of alcoholic beverages is a serious issue, not to mention the deadly ramifications that result when a motor vehicle is involved, some of the most memorable and often humorous encounters I had as a police officer came about during an arrest of a suspected drunk driver.

Since I’m going to be talking about Driving Under the Influence (also known as Driving While Intoxicated and abbreviated as either DUI or DWI) it would usually follow that some aberration in how a person was driving caught my attention. I say “usually” because there were occasions when I came upon a car completely stopped in the middle of a street, engine running and no obvious malfunctions that would explain why the. More often than not, these sort of occurrences happened around 2:30 in the morning, which is shortly after the bars and clubs in town closed. Since a car stopped in the middle of a main thoroughfare is a clear traffic hazard, especially if it is within an intersection, I needed to check and see if anything were amiss. I’d pull in behind it and turn on my patrol car’s emergency lights to warn other vehicles. As I made my approach to the car, invariably I would see that the driver was staring straight ahead, his face a mask of intense concentration almost as if he were paying serious attention to his driving. After checking for any obvious visible officer safety concerns (such as guns, machetes, rocket launchers and such) the first thing I would usually do is to have the driver put the shift selector in park, if it was not already. Then the ensuing conversation would go something like this:

“Good morning, sir. Officer Goldshine, Petaluma Police. Are you having some type of problem with your car?”

“Uh, no. I’m just driving home.”

“I see. You are aware that you’re stopped in the middle of the street?”

The driver would, more often than not, get this incredulous, almost goofy expression, as if he didn’t believe me, even though I was standing next to his car. He would check his mirrors and swivel his head around, looking at other traffic passing by, as if just at moment he had become aware of their surroundings.

“Well, that explains…that certainly explains how you caught up to me on foot!”

Sounds silly, doesn’t it? Keep in mind that person, while stopped when I came across him, had driven his car to that spot. Call it luck, kismet or divine intervention, but whatever the reason it was fortuitous that his slightly pickled brain made him think he was still driving at the same time it was telling his foot to remain firmly planted on the brake pedal.

Seattle PD DUI test
Seattle PD DUI test

Another night, not surprisingly around the same time, I was dispatched to investigate a hit and run accident that had just happened. I knew something was amiss when I turned a corner and came upon over a dozen damaged parked cars along the right side of the street, all seriously banged up. Some were pushed into the car parked ahead while others were knocked askew into the street or up onto the sidewalk. Glass, undercarriage debris, bumpers and other debris littered the roadway. As I drove down the street, the mess got only worse. I followed the trail of damage which began to include the remnants of shredded tire, fluids and gouge marks in the asphalt for nearly a quarter mile until I abruptly came upon what could best be described as a wrecked hulk stopped dead in the middle of this residential street. Billowing clouds of stream swirled up and around from what was left of the engine compartment reflecting back the hues of red and blue from my emergency lights. As I got out of my car, I could hear a loud clanking noise a result of the engine fan banging against what was left of the radiator as the engine coughed and sputtered in its death throes. Assorted fluids were pooling beneath the wreck. All four tires were either completely shredded or flat. One of the front rims had gouged itself deep into the road surface. The passenger side door was sprung off its hinges held in place by the door latch. There probably wasn’t a square inch of the car body that didn’t have some type of damage.

By then, a fairly large group of bystanders had gathered, some of them the unhappy owners of the damaged parked vehicles. I had not walked halfway from my patrol car to the wreck when that unmistakable odor of someone who had imbibed far too much liquor or beer assailed my nostrils. By the time I reached the driver’s door, the smell was overpowering. Despite this, I make a quick check to make sure the driver had not sustained any visible injury. Seeing nothing obvious, I asked if he was okay. Still seat-belted behind the wheel, he just stared at me with eyes so bloodshot that they could have passed for pages in a Rand McNally road atlas. A half minute or so passed while he slowly turned his head to survey the scene and what was left of his car. From the blank expression on his face, it was clear he hadn’t a clue as to what he’d done. Then he turned to me, swaying unsteadily in his seat. Sounding just like the late comedian Foster Brooks and totally matching the Hollywood stereotype of the quintessential drunk, the driver finally says, “Good…good evening…offisher. I’m fine…just fine. How…how are you? May I ask why…why have you stopped me? Is there…a problem? Have I committed some…some infarction of the law?”

Though I realize we have narrowly averted a serious disaster, I cannot help groaning inwardly at the hours of report writing I now face. About then, the driver tries to get out of the remains of his car; however he forgets that he has his seatbelt fastened and it is all that I can do to keep from laughing as he struggles vainly to throw off his restraints.  When at last he finally does, he nearly does a faceplant right in front of me.

Fortunately, I catch him and lean him against the side of his car, where he inspects the wreckage. With the most uncomprehending shocked facial expression I had ever seen up to that time, he then says to me, in all earnestness, “Offisher! Offisher! I do believe…someone has wrecked…wrecked my veh…hicle!”

 

Traffic Officer Gerry Goldshine circa 1985
Traffic Officer Gerry Goldshine circa 1985

 

Gerry was born in Providence, Rhode Island but raised in Southern California. 

Upon graduating from California State University, Los Angeles, Gerry enlisted in

the Army and was commissioned as a Second Lieutenant. After leaving active duty

in 1979, he worked for Sonoma County Sheriff’s Office. From 1980 until his retirement

in 1996, he was a patrol officer, traffic officer, and a trainer at Petaluma Police Department.

Gerry is married, has a daughter and lives in Sonoma County, California.

Next week, we return to Pahrump, Nevada for the “Cadet Diaries” — see how new recruits are trained in the basics of law enforcement.

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More Street Stories

Calling All Cars

Adam 12 sound byte

San Rafael PD Meter Maids c1973 Marie Morris, Sharon Bunker, Thonie Mulcahy (Hevron)
San Rafael PD Meter Maids c1973 Marie Morris, Sharon Bunker, Thonie Mulcahy (Hevron)

Back in 1973, when I first got hired as a Parking Enforcement Officer with San Rafael Police Department in California, I didn’t need to worry about 10 codes. For the first 2 years of my tenure, we had no radio in our “buggies”. Of course, I learned them anyway. Then around 1975, after a Hell’s Angel accosted me (it’s not what you think: I was on 4th Street–the main drag–and this Romeo decided he was irresistible and wouldn’t take NO for an answer). Because the incident occurred downtown in a highly visible area, merchants called the swamped police dispatch straightaway. Admin decided I needed a radio of my own way to call for help. The “portable” radio they gave me to use was about 8 pounds and 12” x 10” x 3”. Not so portable, really. Months later when was assigned to having cars towed from no parking zones, I had to really learn to talk on that darn thing. So using the only role model available–Adam 12–I wrote down what I needed to say on the radio, then read it with the mike keyed. I knew it wouldn’t take too long to learn the ins and outs–I was a quick study.

The radio was to become my career, even though I denied it to anyone who would listen. There have been high points and low points, to be sure. But learn it, I did.

One of the first things I had to learn was the 10-code, aka the aural brevity code. San Rafael Police Department–as do many municipalities in California–used the 10 code. The 9 code is a relic from years past sometimes used and the 11 code is primarily the California Highway Patrol’s realm. To be accurate, most agencies use a mix of the 10 and 11 codes.

Calling All Cars

Motorola has a great website to detailing the beginning of police radio communications.

The development of the 10-codes began in 1937, when police radio channels were limited, to reduce use of speech on the radio. Credit for inventing the codes goes to Charles “Charlie” Hopper, communications director for the Illinois State Police, in Pesotum, Il. Hopper realized there was a need to abbreviate transmissions on State Police bands.

Experienced radio operators knew the first syllable of a transmission was frequently not understood because of quirks in early electronics technology. Radios in the 1930s were based on vacuum tubes powered by a small motor-generator called a dynamotor. The dynamotor took from 1/10 to 1/4 of a second to “spin up” to full power. Police officers were trained to push the microphone button, then pause briefly before speaking; however, sometimes they would forget to wait. Preceding each code with “ten-” gave the radio transmitter time to reach full power.

Highway Patrol with Broderick Crawford
Highway Patrol with Broderick Crawford

Ten-codes, especially “ten-four”, first reached public recognition in the mid- to late-1950s through the popular television series Highway Patrol, with Broderick Crawford. Crawford would reach into his patrol car to use the microphone to answer a call and precede his response with “10-4”.

Ten-codes were adapted for use by CB radio enthusiasts during its pop culture explosion in the late 1970s. The hit 1975 song “Convoy” by C. W. McCall depicting conversation among CB-communicating truckers put phrases like 10-4 meaning “understood” and what’s your twenty? (10-20) for “where are you?” into common and use in American English. A 1978 movie Convoy, loosely based on the song, further entrenched ten-codes in casual conversation.

Replacement with plain language

As of 2011, ten-codes remain in common use, but have been phased out in some areas in favor of plain language. Nineteen states were planning to change to plain English as of the end of 2009.

10-4 does not mean “yes” (one of my pet peeves), only “understood” “acknowledged” or “ok”.

Official 10 codes

This link provides the standard published by Association of Public-Safety Communications Officials (APCO) list of 10 codes. However, each agency has its own peculiarities and codes often morph into something unique to the department. When I worked for Petaluma Police (1981-1992), the standard code for “station” (the police station) was “W”. I asked once what it stood for. No one could recall. I doubt they are still using this.

Codes are often used in a more abbreviated form. For instance, using Rohnert Park Department of Public Safety, an exchange that could be “4 Sam 1, 10-20?” “First and Main” might be more like “4 Sam 1, what’s your 10-20?” “My 20 is First and Main”—it would be more efficient to simply ask, “4 Sam 1, where are you?” “I’m at First and Main.” FYI: The “4” before the “Sam” in the call sign denotes the agency. In Sonoma County, “1” stands for Sonoma County Sheriff’s Department. Surrounding agencies are numbered by mutual agreement and use their numbers in their department call signs. The “Sam” is a rank designator, in this case a sergeant.

  • “Lincoln” is a patrol officer
  • “Tom” is a traffic officer
  • “Mary” is a motor officer
  • “David” is a detective
  • “Adam” is an administrator

The number following is called the “unit number” and generally assigned by seniority. For instance, the most senior patrol officer would be “4L1” or “4Lincoln1”.

Just so you don’t think this cop stuff is too easy, there are agencies who adjust an officer’s call sign by shift, beat or zone and unit. For instance, Sonoma County Sheriff uses this system: “E-Edward” is a dayshift unit, “F” is swing (afternoons) shift, and “G” is graveyard (nights). The agency designator stays the same but if an officer is hired for overtime and works a different shift than normal, he has to learn to say his correct radio call sign. In times of intense stress, this has proven to be problematic.

On the other hand, there are times when the use of codes is appropriate, even if less efficient than speaking “clear text”. For instance, using discreet codes for sexual assault, homicide, suicide and other such situations can prevent the victim and family from having to hear the description being broadcast to all within earshot. Even when the meaning is known, it is less of an emotional jolt to hear a set of numbers being rattled off than to hear plain-speech terms for the trauma.

Incident Command System at work
Incident Command System at work

While ten-codes were intended to be a terse, concise, and standardized system, the proliferation of different meanings may render them useless in situations where people from different agencies and jurisdictions need to communicate. For that reason their use is expressly forbidden in the nationally-standardized Incident Command System as is the use of other codes. An example: in Marin County, a “code 6” is a warrant check. In Sonoma County, it is a request for back-up. Yikes.

In the fall of 2005, responding to inter-organizational communication problems during the rescue operations after Hurricane Katrina, the United States Federal Emergency Management Agency (FEMA) discouraged the use of ten-codes and other codes due to their wide variation in meaning. The Department of Homeland Security‘s SAFECOM program, established in response to communication problems experienced during the September 11 attacks also advises local agencies on how and why to transition to plain language. The New Orleans Police Department continued using 10-codes as of 2010.

There is no easy answer. Besides codes, clear talk is the only other option. Yet there are times when law enforcement agencies need expeditious codes. Standardization is a great idea but as long as more than two agencies are involved, there will be differences.

Next, some interesting thoughts from a friend who moved from a California fire agency to a Mid-west military installation. The next post will be guest Elaine O’Brien from Fort Riley PD. You’ll love some of her insights!