A Chef In Protective Custody
Posted on May 31st, 2007Montpelier, VT
The incident began routinely, when Officers Josh Macura, Wade Cochran and Andy Apgar went to investigate what sounded like a large party in progress at 31 Barre St. Cochran asked the people on the deck of the house to quiet down because it was late and then went around the corner of the house to talk to another group.
As the officers were getting ready to leave, a man walked down the fire escape declaring, “I will show them. I will kick their ass.” When he got to the bottom stair, Cochran asked the man, whom he said was intoxicated and disorderly, for identification. He was identified as John Whalen IV.
Whalen is a student at the New England Culinary Institute, Macura said. Cochran told one of Whalen’s friends to take him home or Whalen would have to be put in detox. Cochran and Macura started to leave, but Cochran saw Whalen fighting (verbally) with his friend, noticed that Whalen had blood on his hand and told him that he was putting him in protective custody. Whalen was tested later and found to have a blood alcohol concentration level of .161 — twice the level at which a person is considered impaired under Vermont law.
Officers Macura and Apgar put Whalen in a cell, and Macura repeatedly sat Whalen on the bench and told him to stay seated. Each time, however, Whalen stood up and followed him to the door, not giving Macura and Apgar time to get out of the cell and lock the door. Consequently, Macura said, he put Whalen in leg irons, which were looped through the bench in his cell. He told him to stay seated because if he tried to stand up, he would trip and fall. About 10 minutes later, Macura saw Whalen on the video monitor lying on the floor of his cell with his hands under his buttocks as if he were again trying to bring his handcuffed hands in front of his body. Macura said Whalen was yelling that he needed medical care and that he wanted his hands and feet uncuffed. He had fallen and cut his face.
The Montpelier Ambulance Service arrived and tried several times to help Whalen but, Macura said, Whalen refused to let them get near him until the police uncuffed his feet.
Whalen was handcuffed again, and the handcuffs were double locked and checked for tightness. Whalen resumed yelling and “being uncooperative,” Macura said. Whalen was put in the police car and buckled into the seat belt, but every time the officers got him seated and buckled in, Whalen removed the belt and tried to get out of the car.
When the police arrived at Central Vermont Medical Center around 2 a.m. with Whalen, he refused to walk, so he was put in a wheelchair. He was wheeled into a room in the emergency department, where he continued to yell and swear. The hospital staff told him that they would not tolerate such behavior, and that if he didn’t calm down and stop yelling, they wouldn’t treat him. Whalen was put in a bed and the hospital staff attempted to treat his injuries while he continued to yell at them and at Apgar, Macura and an officer from the Berlin police department. Ultimately, Whalen received three stitches to his left eyebrow and put ointment on the knuckles of his right hand, which the officers had earlier noticed was bloody.
Afterwards, around 3 a.m., Whalen was taken to the St. Johnsbury Correctional Center, the long-term holding facility for the Montpelier Police Department, because he was so intoxicated and aggressive. While he was being transported, he was put in leg irons, handcuffs and a helmet (he was hitting his head on the car window). When the group arrived at the correctional facility, Whalen yelled and swore at the corrections officers who were trying to remove his cuffs, the police report said.
Read the whole saga in the Times Argus
Thanks Patrioticgorilla!
