Police Detective Arrests, Drags Screaming Nurse Out of Hospital for Not Allowing Blood to Be Drawn on Crash Victim Without Warrant

 

SALT LAKE CITY, Utah — A police detective in Utah is now under investigation after angrily arresting a nurse and dragging her screaming out of the hospital when she declined to allow him to withdraw blood from an unconscious crash victim without a warrant, as per the police department’s agreement with the hospital.

According to reports, on July 26, Utah Highway Patrol was involved in a chase with driver Marcos Torres, 26, in Cache County after he was reported for driving recklessly. Torres soon crossed into oncoming traffic and smashed into a semi head-on, which was driven by 43-year-old William Gray. The truck burst into flames.

While Torres died from his injuries on the scene, Gray, who works as a reserve police officer when not driving semis, was transported to University of Utah Hospital, where he was treated for severe burns.

Salt Lake Police Detective Jeff Payne later arrived at the hospital’s burn unit to request samples of Gray’s blood to determine if he had drugs in his system, as directed by another agency. However, on-duty nurse Alex Wubbels explained to Payne that he needed to meet one of three conditions as per the police department’s agreement with the hospital: 1) obtain consent from the patient 2) obtain a warrant or 3) the patient must be under arrest.

As Gray was not under arrest since he was the victim in the incident, and as he was in a comatose state and was therefore not able to give consent, Wubbels outlined to Payne that he would need to obtain an electronic warrant. She proceeded to contact numerous supervisors to ask what to do about the situation.

Becoming unhappy with her answers, Detective Payne repeatedly threatened that he was going to arrest Wubbels and take her to jail.

“I either go away with blood in vials or body in tow,” he warned.

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With another staff member at her side to provide assistance, Wubbels soon printed out the hospital policy for blood draws and read it to Payne, advising him that he needs to meet one of the three conditions.

“This is something that you guys agreed to with this hospital,” she explained calmly.

Wubbels also placed one of the supervisors on speaker phone to talk to Payne about the matter himself.

“The patient can’t consent, he’s told me repeatedly that he doesn’t have a warrant, and the patient is not under arrest,” she explained to the supervisor. “I’m just trying to do what I’m supposed to do, that’s all.”

“So, I take it [that] without those in place, I’m not going to get blood. Am I fair to surmise that?” Payne asked.

The supervisor, who advised Wubbels that she was simply relaying the information, then asked Payne why he was “blaming the messenger,” and he replied that it was because she was the one who was denying his request.

The supervisor then warned Payne sternly, “Sir, you’re making a huge mistake because you’re threatening a nurse.”

Payne snapped.

“We’re done!” he declared, grabbing for Wubbels phone. “You’re under arrest!”

She backed away from the officer, but Payne continued to move toward Wubbels and within seconds, he physically grabbed the nurse and forced her out the door.

“Somebody help me! Stop! Stop! I did nothing wrong!” she exclaimed, screaming. “You’re assaulting me! Stop!”

Other hospital employees tried to reason with Payne, who handcuffed Wubbles, but to no avail.

“She’s under arrest,” Payne said.

“For doing her job?” the employee asked.

“I’ve done my job; she’s done hers,” Payne replied.

Watch a video of the incident released by the Salt Lake Tribune here.

Wubbles was released 20 minutes later, and has not been charged with any crime. Payne’s superiors are now investigating, and while he is still on active duty, he has been suspended from the police department’s blood draw program.

According to the Salt Lake Tribune, Payne outlined in a report on the incident that he had been advised by Lt. James Tracy, the commander on duty that evening, to arrest Wubbles for interfering with a police investigation if she declined to allow him to take the blood sample. He said that he had been told that “implied consent” was sufficient.

On Thursday, Wubbles went public for the first time in a press conference, during which she called for better police training. She said that she never told the officer no, but explained what he needed to do under the agreement.

“If they needed blood, then they needed to go through to proper channels to take it,” Wubbles said. “I can’t sit on this video and not attempt to speak out both to re-educate and inform.”

The Salt Lake City Police Department is re-training its officers on the blood collection policy, according to local television station KSL-TV. Watch a police press conference here in which police apologized for the detective’s actions. 

The outlet also notes that Wubbles and her attorney are concerned after hearing Payne, who also works as an ambulance driver, stating to another officer that he wondered how the arrest would affect his other job.

“I’ll bring ’em all the transients and take the good patients elsewhere,” he was captured stating on his body camera.


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  • Amos Moses – He>i

    while i side with the nurse …. and i do not think the police should obtain evidence in this manner …. what this really points out is the vampiristic bent this country is on ……….

  • nineleven

    America is descending into lawlessness on all fronts. its not just antifa or extreme leftist radicals or just plain criminality but its a lawless behaviour everywhere where common sense and clear thinking should prevail. this officer needs some serious retraining and desk time.

    • mr goody two shoes

      No this is the way its always been. The police of Jesus day did not treat him kindly either

  • RWH

    If the police officer had no search warrant, he had no business asking for a blood sample. On the other hand, where were the hospital officials. A hospital administrator should have been down there immediately, with the hospital attorney on the other side of his cell phone. I believe that the cop is in huge trouble. If he just loses his job, he should consider himself lucky. Both the hospital and the nurse have grounds for a lawsuit.

    • Amos Moses – He>i

      many states allow blood draws without consent or court order …. it can be forcibly taken ……

      • RWH

        That may be true. I haven’t looked into it. The article states that the cop demanded this without a warrant, so the article hints that the cop needed that court order. If the state allows the cop to draw blood without that warrant, then the nurse was out of line. It would appear that the hospital staff should know the rules and what can be done and what cannot be done. This type of thing happens frequently enough that all should know the rules. The problem is that the article does not specify the state or what the rules for taking blood are. Whatever the case, had the nurse refused to cooperate, the cop should have summoned the supervisor, who would have taken the blood herself or gave the nurse a direct order to take the blood. Inasmuch as the cop manhandled the nurse, he’s in a bit of trouble, especially if the nurse was injured in any way.

        The Supreme Court decision, however, puts the cop in a whole lot of trouble had this happened after the decision. This whole idea of search and seizure will become a big issue. In California, people who filled their swimming pools during a severe drought got themselves in trouble because cops flew overhead and took pictures of people’s swimming pools, and even some cases were able to see hot tubs and so on through uncovered windows. Through technology today, law enforcement can gain entry into your house through refined photography, scanners, detectors and xray technology without physically entering your house. When the Constitution was written, people just imagined someone breaking open a door. Nowadays, one can do it through technology. I would hate to wake up someday with a drone peering in my window, taking pictures through technology that can see through curtains and solid walls.

        • Don

          If you have not watched the videos I suggest you do before you comment. All questions will be answered. She did everything law abiding. I am actually an officer as well as an attorney for 17 years and a detective of 20. The “officer” whom out of respect for real officers would never allow that behavior or someone of that nature clearly of unstable mind to have the privilege of wearing a badge. Shame on him. Shame on his deputies. Shame on his superiors for letting that kind of “human” a chance of standing next to them.

          • mr goody two shoes

            I would think since most police are not Christians this would be typical behavior of police. Until there caught doing it.

          • deb waite

            I agree 100%!

      • mr goody two shoes

        Sounds to me like just a huge win for drunk judges and lawyers that drive.

  • james blue

    Even the other officer in attendance looked very uncomfortable with the behavior of his colleague.

  • Frank Gmelin

    I’m surprised this guy hasn’t been put on paid admin leave. He shouldn’t be on the street, at least until the investigation is complete and action taken.They have enough information to suspend him from the blood draw program, but not enough for suspending him as a police officer? That’s like me being at work and taking a baseball bat to the copy machine and being suspended from using the copy machine, but allowed to do the rest of my job. I think the problem extends beyond not following blood draw procedures.

  • j mars

    The police was trying to stop a lawsuit from the truck drivers family.. If the truck driver had drugs or alcohol in his system they could argue that he was at fault for the accident and not the police for chasing the car at high speeds. I hope they sue the heck out of the police and the nurse sues the officer herself for not doing his job properly.and causing her undue harm. This is why we have protest that go out of hand because of ONE STUPID COPS ACTION.

  • Ldy Wendy T Martin

    The Officer abused his Authority, should be held accountable for it, take an anger management program. I find this odd she isn’t pursuing a lawsuit over her rights violated for doing HER JOB!

    • bwgirl

      Maybe she’s afraid for her life!

  • bwgirl

    That police officer needs to be fired and arrested!

  • mr goody two shoes

    Since he physically attacked her unlawfully .if she had a gun and killed him . The cops would not care what the law said and would have prosecuted her for murder. We all know that. Most times now days it seems the law does suck.

  • mr goody two shoes

    The cops just ruined it for them selves again. Now even more people will care less if one of them gets hurt or killed. You would think they would realize ,There hated enough already and they keep asking for more hate.

  • mr goody two shoes

    Its a!most laugh able that Christians need to be reminded that the flesh that gives birth to flesh become policemen to. Even Christian policemen do bad things how much more likely is it for non christian policemen to do bad things when there slaves to satan.

  • mr goody two shoes

    Romans 13 is Gods law that shows both the governments agency’s such as the police,s sins and our sins as well Its not the gospel that shows our only savior from sin .Jesus.

  • mr goody two shoes

    A great lesson for Christians who want to boast in police or solders .
    let us only boast in the Lord.

  • deb waite

    This is scary, he is still working!!? And an ambulance driver to?? With the attitude of a Moron!

  • MasterSiptah

    This is simply an unlawful arrest and very well could have been resisted with force legally. Where is this woman’s menfolk? I truly believe a rope is the proper justice for this so called law man.