Dusty Balz, SASS#46599 Posted November 5, 2013 Posted November 5, 2013 Police force man to endure several anal probes - and find nothing. The incident began January 2, 2013 after DavidEckert finished shopping at the Wal-Mart in Deming. According to afederal lawsuit, Eckert didn't make a complete stop at a stop signcoming out of the parking lot and was immediately stopped by lawenforcement.Eckert's attorney, Shannon Kennedy, said in aninterview with KOB that after law enforcement asked him to step out ofthe vehicle, he appeared to be clenching his buttocks. Law enforcementthought that was probable cause to suspect that Eckert was hidingnarcotics in his anal cavity. While officers detained Eckert, theysecured a search warrant from a judge that allowed for an anal cavitysearch.The lawsuit claims that Deming Police tried takingEckert to an emergency room in Deming, but a doctor there refused toperform the anal cavity search citing it was "unethical."But physicians at the Gila Regional Medical Centerin Silver City agreed to perform the procedure and a few hours later,Eckert was admitted.What HappenedWhile there, Eckert was subjected to repeated andhumiliating forced medical procedures. A review of Eckert's medicalrecords, which he released to KOB, and details in the lawsuit show thefollowing 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 anenema. Eckert was forced to defecate in front of doctors and policeofficers. Eckert watched as doctors searched his stool. No narcoticswere found.5. Doctors penetrated Eckert's anus to insert anenema a second time. Eckert was forced to defecate in front of doctorsand police officers. Eckert watched as doctors searched his stool. Nonarcotics were found.6. Doctors penetrated Eckert's anus to insert anenema a third time. Eckert was forced to defecate in front of doctorsand police officers. Eckert watched as doctors searched his stool. Nonarcotics were found.7. Doctors then x-rayed Eckert again; no narcotics were found.8. Doctors prepared Eckert for surgery, sedatedhim, and then performed a colonoscopy where a scope with a camera wasinserted into Eckert's anus, rectum, colon, and large intestines. Nonarcotics were found.Throughout this ordeal, Eckert protested and nevergave doctors at the Gila Regional Medical Center consent to perform anyof these medical procedures."If the officers in Hidalgo County and the City ofDeming are seeking warrants for anal cavity searches based on howthey're standing and the warrant allows doctors at the Gila Hospital ofHorrors to go in and do enemas and colonoscopies without consent, thenanyone can be seized and that's why the public needs to know aboutthis," Kennedy said.Search Warrant ConcernsThere are major concerns about the way the searchwarrant was carried out. Kennedy argues that the search warrant wasoverly broad and lacked probable cause. But beyond that, the warrantwas only valid in Luna County, where Deming is located. The GilaRegional Medical Center is in Grant County. That means all of themedical procedures were performed illegally and the doctors whoperformed the procedures did so with no legal basis and no consent fromthe patient.In addition, even if the search warrant wasexecuted in the correct New Mexico county, the warrant expired at 10p.m. Medical records show the prepping for the colonoscopy started at 1a.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 CommentKOB reached out to the attorneys representing thedefendants in the lawsuit and all declined to comment on the situation.The attorneys said it's their personal policy not comment on pendinglitigation.4 On Your Side Investigative Reporter Chris Ramirez cornered Deming Police Chief Brandon Gigante."As the police chief what reassurances could yougive people when they come through your town that they won't be violatedor 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 LawsuitDavid 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 AttorneyDaniel Dougherty and the Gila Regional Medical Center including RobertWilcox, M.D and Okay Odocha, M.D.
Allie Mo, SASS No. 25217 Posted November 6, 2013 Posted November 6, 2013 Hello Balzy, Although many of us find this situation despicable, this type of thread always ends up with some people using too broad of a brush in describing actions by LEOs. Just saying (and watching ) Allie Mo
Dusty Balz, SASS#46599 Posted November 6, 2013 Author Posted November 6, 2013 Hello Balzy, Although many of us find this situation despicable, this type of thread always ends up with some people using too broad of a brush in describing actions by LEOs. Just saying (and watching ) Allie Mo LOL!! I'm hip
Utah Bob #35998 Posted November 6, 2013 Posted November 6, 2013 Way too much TMI for this open forum that Buckaroos wander in to from time to time. That's all I'll say on it.
Allie Mo, SASS No. 25217 Posted November 6, 2013 Posted November 6, 2013 Way too much TMI for this open forum that Buckaroos wander in to from time to time. That's all I'll say on it. Hi Bobby, Thanks for that. You are right. Balzy, let's let it go. Regards, AM
Shorty Jack Hammer Posted November 6, 2013 Posted November 6, 2013 Hello Balzy, Although many of us find this situation despicable, this type of thread always ends up with some people using too broad of a brush in describing actions by LEOs. Just saying (and watching ) Allie Mo From a LEO, thanks Allie
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