W.Va. police chief denied gay man CPR

[schoolboi]

Suit: W.Va. police chief denied gay man CPR
Chief calls allegation ‘a boldface lie’; 43-year-old died after heart attack

The Associated Press
Updated: 6:40 a.m. ET March 3, 2006


CHARLESTON, W.Va. - A small-town police chief was accused in a federal lawsuit Thursday of stopping a would-be rescuer from performing CPR on a gay heart attack victim because he assumed the ailing man had HIV and posed a health risk.

Claude Green, 43, died June 21 after being stricken yards from City Hall in Welch, a community of about 2,400.

The American Civil Liberties Union sued on behalf of his mother.

Police Chief Bobby Bowman called the allegations “a boldface lie.” He said that he called an ambulance and that Green was taken to the hospital in “no more than nine minutes.”

“No one refused him CPR as his sister and mom are saying. They can do what they want, but if they’re saying I refused him CPR, that is no way true,” Bowman said.

The lawsuit accuses Bowman of pulling off Green’s friend Billy Snead as Snead was performing chest compressions on the man. Snead was a passenger in Green’s pickup truck when Green collapsed; Snead had managed to pull over the vehicle.

Snead said in an interview that he didn’t realize at first it was Bowman giving the order and continued working on his friend. Bowman repeated his command to get away, saying that Green was HIV positive, then grabbed Snead by the shoulders and told him to sit on the curb, Snead said.

“He was a police officer so I got out the way. I assumed he would help. I didn’t want to be a hindrance,” Snead said. “He also told the ambulance drivers that he was HIV positive and to be careful.”

Green was pronounced dead at the hospital after about 30 minutes of attempts to revive him.

Rose Saxe, a lawyer with the ACLU’s AIDS Project, said Bowman’s alleged actions contributed to Green’s death and violated the Americans with Disabilities Act, equal protection laws and due process rights.

Saxe said Green’s death was “tragically senseless” because he did not have the AIDS virus, but added that he should have received lifesaving care even if he was HIV-positive.

“He was simply a gay man in Welch, West Virginia. And because of that we can only assume that Chief Bowman assumed he had HIV and it was unsafe to even touch him,” Saxe said.

When asked if he knew if Green was gay, Bowman would not answer and referred questions to McDowell County Assistant Prosecuting Attorney Danny Barie, who also represents the City of Welch.

Barie said Thursday he had received a copy of the complaint but could not comment because he had not reviewed it or discussed it with Bowman.

© 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

© 2006 MSNBC.com

URL: http://www.msnbc.msn.com/id/11651307/

[NathanATX]

Man, sometimes I sure don't feel like being a christian.

I'm mad. And I'm going to do something about it.

[NathanATX]

Welch City Hall
(304) 436-3113
88 Howard St
Welch, WV 24801

Mission Ministries
(304) 436-4092
219 Riverside Dr
Welch, WV 24801

First Baptist Church
(304) 436-3336
120 Wyoming St
Welch, WV 24801

First Presbyterian Church
(304) 436-3690
151 Virginia Ave
Welch, WV 24801

St Peters Catholic Church
(304) 436-2014
111 Virginia Ave
Welch, WV 24801

First United Methodist Church
(304) 436-4330
Virginia Ave & Bridge St
Welch, WV 24801

Central Avenue Church of God
(304) 436-2556
Central Ave
Welch, WV 24801

St James Baptist Church
(304) 436-4613
135 Court St
Welch, WV 24801

Church of Christ
(304) 436-6388
750 Stewart St
Welch, WV 24801

First Church of the Nazarene
(304) 436-3827
1049 Riverside Dr
Welch, WV 24801

[schoolboi]

Nathan,

Letters sound like a good idea. What points do you suggest we make?

[NathanATX]

Dear Ministry Leader in Welch, WV:

I just learned of one of your law enforcement officers denying someone life-saving medical care because he identified the person as gay and presumed he had AIDS.

The victim died.

My request is that you would join me in speaking out against this horrific, violent act.

A religous scholar asked Jesus how to get to heaven. Jesus asked him, "What does the law say?" The man responded "Love the Lord your God with all your heart, soul, mind & strength. And love your neighbor as you love yourself."

Then to define "neighbor," Jesus told the story of the Good Samaritan. And that is the true picture of Christian love.

What this officer did was unconscionable.

While I am aware your church may have varied beliefs about homosexuality & God's love for gay people, you would have to deny the entire message of Christ to go along with this officer's actions.

Please don't be silent.

[NathanATX]

West Virginia Media Guide

http://www.wvmediaguide.com/list.cfm?psectionid=76

[schoolboi]

Sounds perfect! You are wonderful.

[NathanATX]

I just sent that to all the media organizations on that website.

Actually, this is what I sent.

***
Dear Citizens of West Virginia,

I just learned of one of your law enforcement officers in Welch, WV, denying someone life-saving medical care because he identified the person as gay and presumed he had AIDS.

The victim died.

My request is that you would join me in speaking out against this horrific, violent act.

A religous scholar asked Jesus how to get to heaven. Jesus asked him, "What does the law say?" The man responded "Love the Lord your God with all your heart, soul, mind & strength. And love your neighbor as you love yourself."

Then to define "neighbor," Jesus told the story of the Good Samaritan. And that is the true picture of Christian love.

What this officer did was unconscionable.

While I am aware you may have varied beliefs about homosexuality & God's love for gay people, you would have to deny the entire message of Christ to go along with this officer's actions.

Please don't be silent.
Nate Black
www.nateblack.us
www.soulforce.org

[Vanessa White]

Nate: thank you for your prompt action in response to this awful act of unkindness, and ultimately, murder in a way. I will also be writing letters to all of the churches and organizations which you listed. Thanks for the homework on this. Vanessa

[SolInvictus]

Thats a horrible tragedy & thank you Nathan for taking a positive action in response. Its sad how homophobia blocks reason in people - homophobia does kill.

[Zerbie]

Oh. My. God.

I hurt inside.

I was hopeful that it was really a false claim, as the officer said, until I read the testimony of the friend who was performing CPR. The officer absolutely is liable for the death.

Oh how heartbreaking. I feel so angry!

[NathanATX]

I just got a call that one of those papers is going to publish my letter!

http://www.herald-dispatch.com/

Help me keep an eye out for it,
Nathan

[SolInvictus]

Congrats Nathan!

[Vanessa White]

Great work, Nate! Thank you for standing up for justice. Peace, Vanessa

[drdimento]

I'm reading this thread and thinking to myself "what ever happened to innocent before being PROVEN guilty?" The responses here go with the media instead of waiting for the outcome of any hearing or trial.

How about looking that the situation and saying, "Hey just maybe the police officer didn't do was was claimed?" Hey, maybe those folks have an interest in trying to make it look as the media article is printed . . remember . . the police officers attorney's WILL NOT ALLOW him to speak as the claimants have so openingly so just maybe the police officer is totally innocent so why be so quick to judge him and hang him? The law says that he is innocent until a jury of his peers have proven him otherwise, so give the man the benefit of doubt.

I hope if I ever get charged with a crime non of you (and even the so called Christian ones) are one my jury. Geez, why have a hearing or a trial, why not just send him to the chair?

[andrewlittle]

Sounds like he found an old post online somewhere. Assuming he'll be back to check his handiwork, let's dissect his post.

What drdimento refers to when he says, "The law says that he is innocent until a jury of his peers have proven him otherwise," would be in a criminal case. Since the authorities saw fit to press NO charges against Police Chief Bowman, the deceased's mother enlisted the aid of the ACLU to file a civil suit in Federal Court against both the Chief and the city.

Civil suits, drdimento, do not determine guilt or innocence, they determine culpability. Just recently, based on evidence and depositions so far, the federal judge denied a motion by the defendant's attorneys to dismiss the case. The judge had to review the material and testimonial evidence so far, in order to make the determination. The court, therefore, sees adequate reason to proceed based on possible responsibility.

If unsure how this can play out, drdimento, please refer to the OJ Simpson debacle - pretty much followed the same process after he was acquited.

Now, I wonder why you were out and about on the internet surfing for this old story, anyway? Got an axe to grind, do we? Not that I think you'll be back to read this.

[tpdncr4christ]

Ok. Whatever happens, what ever happened, we did the wrong thing.

drdimento: you are absolutley right. This country was founded on the principles designed to protect the innocent. We assume that if someone is guilty then they will be proven so in court, granted some times our justice system fails *cough* OJ Simpson *cough*, but we still must prosecute. You cannot assume innocence, nor can you assume guilt without due process of law. Until that judgment, the officer is to be held, with reasonable bail. None of us can judge, or should judge his reactions.

Now that I have stated what I believe are facts, lets move on to the reaction, the one that I believe was wrong, ok lets go:

Nathan. What is it you expect to see happen? You have, in your righteous emotions, swept up a list of churches to write to. These churches did nothing, and your letters are of a very attacking nature. Though it may very well be a request, it will seem to these churches as defensive strike not a plead. I forsee many of these churches won't do anything about you letters. The churches did nothing wrong, committed no crime. I understand you are searching for help, for support from our brothers and sisters in God, but writing such letters will not help.

Now, I am in no way excusing this officer. If he has actually commited such a heinous and terrible sin then, I pray, retribution will find him. He has been acused of a horendous act of discrimination, one which caused an innocent man to loose his life. If he is proven guilty, he deserves to be stripped of his badge, and all honors of a police officer. If proven guilty he deserves prison time, very hard prison time, for acting as an instrument in a civilians life. But that all is a very big if. A huge if. And sadly, that if isn't ours to decide. It is for the jury.

Don't write your letters to the churches, because the churches can't do anything. Now I commend you for asking, because they can give their support, but they won't. When we are emotional we tend to draw others into our emotions. Your letters may be very successful in communicating to the churches you anger and sadness over this event, but we cannot direct what they do with it.

Let's see if I can say this differently, we are suffering from triangulation. Our problem is with the police officer. And he falls under the juridiction of his cities PD, and therefore his city Welch. Shouldn't we be writing our letters to the Police Department? Where is that address? What about the government of West Virginia? Shouldn't they know our feelings? We are just creating a triangle when we seek the churches help. We have a problem with the PD, so we go to the church and say "help!" If the churches want to be involved, they will get involved, for heaven's sake they are churches, aren't they? We cannot turn to them. In fact, I have a bad feeling that if we turn to them and we are denied their support, then you guys will get angry at them for not fufilling their "duty." And then you are angry at two groups, rather than one. Doesn't seem like a great problem solver to me.

But then again, I lack the life experience to tell me what works and what doesn't. I can only deduce that you all are using methods that are tried and true. I can only assume that this "letter mailing" will indeed elicit the desired effect from our desired supporters. I mean, I'm only 17. You all are practiced in this area. I'm not.

"Judge not and ye shall not be judged, condem not and ye shall not be condemed, forgive, and ye shall be forgiven." Luke 6:37

[andrewlittle]

The post by drdimento was fully 10 months after the last previous post. This is not current news.

Originally Posted by tpdncr4christ

Ok. Whatever happens, what ever happened, we did the wrong thing.
drdimento: you are absolutley right. This country was founded on the principles designed to protect the innocent. We assume that if someone is guilty then they will be proven so in court (wrong assumption in this case) granted some times our justice system fails *cough* OJ Simpson *cough*, but we still must prosecute. You cannot assume innocence, nor can you assume guilt without due process of law. Until that judgment, the officer is to be held, with reasonable bail.(see below) None of us can judge, or should judge his reactions.

Actually, as I said above, no criminal charges were pressed. Chief Bowman is still listed as the Chief of Police in Welch. So there is no bail - no criminal trial - there will be no criminal judgment. To have a criminal charge, the police dept or prosecutor would have had to charge him. That isn't going to happen in Welch, WVa.
In the case of O.J., a criminal court found him not guilty, but a civil court subsequently found him culpable and liable for wrongful death. The rules of evidence are different for a civil case than for a criminal case - they are broader and allow more latitude in the types of evidence presented.
One is not better than the other, they serve different purposes. Repeat - this is not a criminal trial.

Now that I have stated what I believe are facts, lets move on to the reaction, the one that I believe was wrong, ok lets go:

Simply speaking, they weren't facts and, given the circumstances, I find Nathan's actions to be both justified and inventive.

Nathan. What is it you expect to see happen? You have, in your righteous emotions, swept up a list of churches to write to. These churches did nothing, and your letters are of a very attacking nature. Though it may very well be a request, it will seem to these churches as defensive strike not a plead. I forsee many of these churches won't do anything about you letters. The churches did nothing wrong, committed no crime. I understand you are searching for help, for support from our brothers and sisters in God, but writing such letters will not help.

Specifically, what did Nathan attack with? His letter was direct and to the point, and stated facts as they had been reported, both in the newspaper and original court documents. How do you know these churches did nothing? This thread was from ten months ago, it isn't current news, except for a recent attempt by the defense, to have it dismissed, being overturned by the judge.

Now, I am in no way excusing this officer. If he has actually commited such a heinous and terrible sin then, I pray, retribution will find him. He has been acused of a horendous act of discrimination, one which caused an innocent man to loose his life. If he is proven guilty, he deserves to be stripped of his badge, and all honors of a police officer. If proven guilty he deserves prison time, very hard prison time, for acting as an instrument in a civilians life. But that all is a very big if. A huge if. And sadly, that if isn't ours to decide. It is for the jury.

Repeat - this is not a criminal trial. He will not be found guilty, because his department and his prosecutor did not charge him with anything. There was no investigation at all, which is why the city is named as co-defendent in the CIVIL suit. The claim is based on wrongful death and negligence - not a crime.

Let's see if I can say this differently, we are suffering from triangulation. Our problem is with the police officer. And he falls under the juridiction of his cities PD, and therefore his city Welch. Shouldn't we be writing our letters to the Police Department? Where is that address? What about the government of West Virginia? Shouldn't they know our feelings?

The family, friends, the ACLU and many other groups tried that, to no avail. The direct approach yielded no results. They even went to the state, but no-one paid them any mind. That was all done long before the lawsuit was filed, and long before the first post in this thread, and long before Nathan's plea to churches. It wasn't investigated by anyone, except the press after the lawsuit was filed.

We are just creating a triangle when we seek the churches help. We have a problem with the PD, so we go to the church and say "help!" If the churches want to be involved, they will get involved, for heaven's sake they are churches, aren't they? We cannot turn to them. In fact, I have a bad feeling that if we turn to them and we are denied their support, then you guys will get angry at them for not fufilling their "duty." And then you are angry at two groups, rather than one. Doesn't seem like a great problem solver to me.

And how will they know they need to get involved if no one turns to them? This didn't hit the national news until the lawsuit was filed. It was barely a blip on the screen before that. Bringing bad things to people's attention is what advocates and activists do. It's how things get on the radar screen. Bringing things like this to the attention of everyone we can think of is not triangulation, unless you believe that of all activism. You, yourself, have talked about being more aggressive in advocacy work, and for getting more information out about the realities of being LGBT. How would you accomplish that, if not by networking with potential allies, spreading information and educating other organizations and individuals?

But then again, I lack the life experience to tell me what works and what doesn't. I can only deduce that you all are using methods that are tried and true. I can only assume that this "letter mailing" will indeed elicit the desired effect from our desired supporters. I mean, I'm only 17. You all are practiced in this area. I'm not.

I deleted my rather condescending remark that was originally here.
Austin, this last paragraph doesn't belong in any post of yours. You stated opinions - we disagree - I question your understanding of what is factual - but I never, ever expect to see you denigrate yourself for your age or lack of experience. In so many ways, you have shown wisdom.

All I suggest is you do a little more research, or ask questions, before jumping to conclusions like you did in your post. You have a strong sense of justice - keep it alive. But also remember that you elsewhere have decried the lack of unity within the GLBT communities - does jumping to conclusions help or hurt that?

[tpdncr4christ]

I needed that. I hate hormones...

[andrewlittle]

... but at my age, the probem is figuring out where I left them.

Seriously, keep up the good work. You are gifted.