Troopers should have entered house, colonel says
by dermotcole
 Dermot Cole
Nov 25, 2009 | 2695 views | 26 26 comments | 11 11 recommendations | email to a friend | print | permalink

 

The head of the Alaska State Troopers, Col. Audie Holloway, has apologized to the family of Pauline Hardy, the 83-year-old nurse who was injured in a fall at her house in Anchor Point on Halloween.

 

I wrote about Hardy's ordeal here Monday.

 

Holloway wrote to one of Hardy's daughters Tuesday, saying he believes that the troopers should have entered the house when asked to by the daughter in Fairbanks.

 

He apologized to daughter Mary Tony and the rest of the family  for the extra 14 hours in which Hardy suffered because of the decision not to enter the house. 

 

He said the troopers who responded are conscientious officers  and they “would never callously allow your mother or anyone to suffer.”

 

“The troopers in this case came to the wrong conclusion because they were overly worried about civil liability and possible complaints from a homeowner if they had damaged a door,” Holloway said.



“When troopers get complaints or get sued, their actions and sometimes their lives are reviewed through a microscope,” he said.



Holloway said the troopers need to “re-evaluate some of our training and some of our practices so that our troopers are less concerned about civil liability and complaints and more concerned with taking a reasonable course of action."

 

He also said that perhaps the law about civil liability should be changed so that the risks are lowered for those who respond to emergencies in good faith.

 

Hardy fell on Halloween, which was a Saturday, and remained on the floor of her pantry until the following Wednesday at noon, unable to get to the phone.

 

Hardy's family tried to contact her on the Tuesday after Halloween and when she did  not answer the phone, Tony called the Troopers and asked for help just before 9 p.m. that night.



The trooper who responded to the scene about an hour later saw no lights on and could not get a response from inside the house. He also checked the doors, the trooper letter says.

 

Tony said that she begged the officer to force his way into the house as she knew something must have been wrong with her mother.



The officer talked with his supervisor, who advised him not to try to force entry into the home. A second trooper returned the next morning at about 9 a.m. and arrangements were made to summon a locksmith.

 

At about noon, a neighbor who "knew that the door knob did not work properly," went into the house and found Hardy on the floor. She was taken to the hospital, where she is still recovering.

 

Holloway said the troopers need to change their practices.

 

"The terrible part about this lesson is that it may  have caused additional and unnecessary suffering to your mother and distress to you and your siblings," he said.



 

 

Comments
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WoodBurners
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November 28, 2009
Warriorwoman points out a completely different scenerio - smoke billowing from the house - they acted as firefighters, whom by the way don't get sued for kicking in doors.

Anchor Point was different. A request from 700 miles away at a house that appeared unoccupied.

Perhaps the troopers have encountered welfare checks where the person was simply not at home or in contact with family. Easy to hind sight quarterback this.
LostAlaskan99712
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November 28, 2009
I agree with SteelerFan.

When you call 911 it is the police/troopers that will respond and help you, not the Stryker Brigade or anybody else from Ft.Wainwright. How many peoples lives have the troopers saved by arresting drunk drivers off the streets? Maybe even YOURS!

Everyone hates the cops......until they need one.
warriorwoman
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November 28, 2009
On November 6, 2009 in Ketchikan two troopers responded to a 911 hang up call. When they arrived at the house no one answered the door. In a way, the situation was very similar to Mrs. Hardy's situation. Because it was a 911 hang up they followed their training . Instead of leaving as they might have done 20 years ago, they broke the door down. Because of their actions they saved the life of a young mother who had been over taken by smoke from the fire in her living room. In the bedroom was her infant daughter.

You can read the story here :

http://www.sitnews.us/1109news/110609/110609_fire.html
warriorwoman
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November 28, 2009
SteelerFan6
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November 27, 2009
Dave71,

Slow down. See you people on here are so quick to slam. Geez. I'm NOT saying our military DON't Deserve it - or that I'm ungrateful to those that serve. And Yes Thank You (I thank you every veterans day too - Haven't seen a paid LEO day)!!

What I'm saying is that given the way we treat each of the two groups of people (Troopers/Military) - one would be stupid to join Law Enforcement when they can have the benefits, honor, and yes sacrifice (which they both have) of the military.

This wasn't about appreciation or lack of for the military. But it's obvious most on this blog are quick to bash one group (who make ultimate sacrifices too) while praising the other.

And Frankly Dave - how do you KNOW I don't put on the uniform? Perhaps I put on the uniform but have an equal respect for what LEO's do as I do for what you and I do. Wow - that'd be a thought - to honor and respect LEO's for their sacrifice here on the homeland like we do for our soldiers afar. NOt bash them every chance we get.

You see - I don't believe that just because one is in the military that they are entitled to some sort of profound Honor over other serving members of the community. Or the need to profess my affiliation to have some sort of credibility.

Honestly - I believe, as much as I honor military members, that they can't hold a stick to those serving in Law Enforcement. 100% of those who became cops - could have joined the military (requirments, testing, Basic, etc) while only a fraction of those who went into, or are in, can or could get on with Law Enforcement (testing, background, polygraphs, tests, academy, etc) Anyone you serve with Dave that has had a DUI, Domestic Problems with the spouse, poor eval, etc would get turned down for LE. Not to mention the rest of the testing.

I don't see why LEO's can't get discounts at stores and businesses - or supported when they make hard decisions or pay the ultimate sacrifice - often for those who the day before spit on them (figuratively speaking).

LEO kicks in door - gets shot at - and sued - and now we're up in arms they didn't kick in this one. Or they're somehow heartless or broken. NO - Stop shooting at them and more importantly sueing them and maybe policy would allow for them to kick in a door when daughter wants you too. But they've been sued time and time again for every little thing - when all they were trying to do was what was right - in their heartless hearts.

I'm sorry if I came across as though I don't support the military or what they do - but I equally support our LEO's and what they do. Unfortunately for them (LEO's) they have to contend with public opinion on a personal level while abiding by different "rules of engagement" while the military returns home to songs of praise (and deservingly so).

And you bet - it's because of young men and woman who make the sacrifice to defend this country afar that gives me that right and the sacrifice of the LEO (with far less bene's and tougher application process) down the road who protects me while I exercise it.

So in conclusion - God Bless the military and give them even more bene's, But God Bless the Cops/Troopers/Etc and support them BETTER too.

Thanks to all that put on a uniform: LEO's, Military, EMS, Fire

Dave71 - Thank you brother for pointing out my msg came across wrong. I'll try to be more clear so those who read into things won't get the wrong impression.

Dave71
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November 27, 2009
and that goes for our police & Troopers
Dave71
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November 27, 2009
Just rember the young folks in uniform that gave you the right. You think the military is wrong for giving out bonuses. But think of the kids a wife or parents of a 18 year old that wantedto firght for a country he or she bleaves in.
Dave71
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November 27, 2009
To SteelerFan You Put on the uinform and you do the job. I did so u can make coments like you did. Your Welcome!!!
Dave71
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November 27, 2009
SteelerFan6
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November 27, 2009
Additionally - best wishes and prayers to the family involved.

I'm sure that HIND SIGHT being what it is - the trooper is as upset as the next person - but they didn't have the luxery of Hind Sight at the time.

From the sounds of it - at the time - he found a house with no signs of occupancy and knows that he and the dept could be sued if he kicked in the door. Knew that a family member doesn't have the legal right to let you kick in a door from 700 miles away. And chose to leave. Bummer - unfortunate - but not heartless.

How bout we as a society stop sueing for every little thing or shooting at troopers opening doors to check on loved ones and this would have been different.
SteelerFan6
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November 27, 2009
diogenesFBKS - I didn't chastise anyone.

I just think it's amazing that so many people have solutions yet have never been faced with the things or even realize how much our Troopers face in the course of their duties. Only to be spit on and fought with on the streets.

Our beloved military, some of which are gang bangers and sex offenders, are worshiped and given every discount you can think of but when the Trooper walks in or shows up we all turn the other way. Yet is our LEO's who protect us here on the home land. Every nah saying piece of crap on here will dial 911 in a blink of an eye when they're butt is in need - yet get on here and bad mouth them for making a decision based on hundreds of incidents similar to this one. Many of which they've been sued for.

As for Col Holloway: I believe either this article misrepresents his point or he is wrong.

That Trooper 10 years ago here in Fairbanks did as the family member wanted. Failed to listen to the troopers when told to move where he was safe, and then they all got shot at. Then he sued them and was awarded 10's of thousands and it was determined by the courts that the Trooper should have obtained a search warrant, that the family member does not have the right to allow the breaking in of an adult family members home.

But now because HIND SIGHT we have an injured elderly lady we're going to crucify or question their judgement. Which is it? Break in doors and be sued (maybe shot at) or don't break in doors and on the off chance someone is injured you don't help them and get crucified for that.

Why young men and woman even apply for those jobs is amazing to me. Join the military - they get free medical (troopers pay $400/month), Cheap groceries, free housing, or a housing allowance, money for having kids, signing bonuses, re enlistment bonuses, discounts at every corner, welcome home parties and gatherings, etc.

Or get crucified by the public whom you can't please. Darned if you do darned if you don't.
LocalAKan
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November 27, 2009
Thank you to everyone who has given good thoughts and prayers for our mother/grandmother! She has had a very hard time since the accident but would not want anyone to lose faith in the police as a result. What we have to concentrate on for her now is securing the best assisted living services, and although we would prefer the Pioneer's Home, the waiting list for them is very long. Does anyone have any experience with assisted living facilities in Fairbanks and the process of getting into them?
diogenesFBKS
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November 27, 2009
SteelerFan6 said:

Pearl and Others continue to amaze me. When are you people going to put on the uniform and make the force you speak of better.

The "Others" include of course the trooper's superior,a Col. Audie Holloway.Did you contact and then chastise him too?

SteelerFan6
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November 27, 2009
Pearl and Others continue to amaze me. When are you people going to put on the uniform and make the force you speak of better.

You'd pee your pants at a fraction of the stuff these folks face at their jobs.

Didn't we have a trooper about 10 years ago open a door with the assistance of a locksmith at the direction of a loved ones parent and get shot at?

Didn't that same Father who requested the entry get hit and then sue the trooper for doing what he himself had asked him to do?

I believe so. So which is it? Do you want to be able to direct the troopers to break into a home and then sue them or have them make a command decision based on hundreds of calls like this that end 180 degrees differently then this one did?

If I compare this report with the one of ten years ago - I'd argue they SHOULDN'T just kick in a door because a loved one says so - they did that and got shot at. Now your po'd that they didn't do it.

Bunch of Monday morning quarterbacks who'd never think of actually doing the job.

Have any idea how many people sue the troopers when all they were trying to do was the "right thing."
1stimestar
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November 27, 2009
Glacierwolf, Fairbanks to Anchor Point is a bit more then a jaunt down the hiway, especially in winter. Get your head out of your ...
MJHemple
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November 27, 2009
Pearl - I understand your arguments, as well as your acknowledgment that many troopers do a fine job. We are becoming an increasingly militarized society, with more and more force used against citizens. It's important not to "safety" ourselves into a police state. Constant vigilance such as your dialogue is necessary for a free society to maintain control over its government, which is proving itself more and more to be worthy of such vigilance. Questioning authority is always a good thing. It doesn't necessarily mean the authority was in the wrong, but the act of questioning them never is.

I'm glad the woman was okay. Maybe her family can get one of those little devices that alert people when someone has fallen and can't get up. That sure is a long time to lay and wait for help. http://www.lifealert.com/ I didn't check out the price though. It may be out of reach for many seniors.
diogenesFBKS
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November 27, 2009
Glacierwolf said:

That the daughter sat back 'worrying' and waiting for someone to do something for her - am I the only person who sees this as wrong? What ever happened to stepping up to the plate and doing it yourself? Was she scared the troopers would see her trying to get in and shoot her dead?

Do you know where Anchor Point is??? A quick run down there is a bit more than "stepping up to the plate".
duckhunter13
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November 26, 2009
Pearl=W

Reading your comments makes me sick. And honestly am tired of you always putting down the troopers for what they do no matter what. by your comments i would guess that even if a LEO saved your life you would criticize they way they went about it. I'm sorry but you a a joke. And I can promise you that the troopers don't protect there own. they are a departments that will throw someone under the bus to make them selves look good. I have full support for all the police in this town and state. I am sorry that the LE in this state is not perfect at everything they do like you must be but they are doing there best to protect you, your family and the rest of the citizens so back off.
Pearl=W
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November 26, 2009
Glacierwolf - the family is considerably dispersed, living at great distance. Under the circumstances, it was not untoward to ask the Troopers to perform a welfare check. In fact, that is the usual procedure.

blazerlgs- there are many constructive ways to respond to criticism. I listed some that I think would greatly improve the Troopers reputation [benefiting the Force as a whole, and the many decent LEOs on it], and considerably reduce valid complaints, and hence increase the average trooper's sense of security and public appreiation of their service.

Refusing to do your job [as this trooper did], because the performance of your group is [sometimes] criticised [or *may be criticised*] is not usually very productive, or even an option for most workers [some of whom work more dangerous jobs than LEOs]. Ditto for ignoring all criticisms, and insisting that the way you've always done it [or are doing it now] is the *only way*. And ditto for making excuses, ignoring contradicting facts, and continuing as before, with an air of martyrdom. All of these tactics have been tried by the Trooper Command, and have only suceeded in further damaging the reputation and confidence of the Trooper Force as a whole, and further damaging public confidence and support.

If Col Holloway were to suceed in *further reducing* the civil liability/accountablity of troopers/The Troopers, it will only accelerate this downward spiral.
polarmark
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November 26, 2009
monday morning quarterbacking
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