Hours after Salt Lake City’s mayor and police chief apologized for an officer handcuffing a hospital nurse for refusing to take blood from an unconscious patient, Salt Lake County District Attorney Sim Gill announced Friday he wanted a criminal investigation into the episode.
“Both Mayor [Jackie] Biskupski and Chief [Mike] Brown agreed that it was appropriate and I thank them for their commitment to transparency and institutional accountability,” Gill said in a statement.
Earlier Friday, Police Chief Mike Brown said in a statement, “I was alarmed by what I saw in the video with our officer and Ms. [Alex] Wubbels. I am sad at the rift this has caused between law-enforcement and the nurses we work so closely with. I want to be clear, we take this very seriously.”
Brown added: “We’ve looked at the actions that took place, the policies that could have prevented it, and the training that must be done. Within 24 hours of this incident, Salt Lake City Police Department took steps to ensure this will never happen again.”
Brown also said, ” ... we apologized for the incident and promised to find a solution. Additionally, our policy management team continues to work closely with the hospital staff on improved policies and training.”
Mayor Jackie Biskupski said in a statement: “Like many of you, I watched the video of police officers interacting with University of Utah Medical Center nurse Alex Wubbels for the first time through the media late yesterday. What I saw is completely unacceptable to the values of my administration and of the values of the Salt Lake City Police Department. I extend a personal apology to Ms. Wubbels for what she has been through for simply doing her job.”
Biskupski added: “There is currently an Internal Affairs investigation examining the actions, and the Civilian Review Board is conducting a parallel investigation. I have reiterated to Chief Brown that I expect the highest level of professionalism and integrity from his team. I have also instructed Chief Brown to conduct a thorough review of all policies and trainings to ensure respect for all individuals, in all situations. Following the incident Salt Lake City Police Department command met with hospital administration. We immediately changed policies that may have been a factor in this encounter, and the officer’s duties have been modified.”
Gov. Gary Herbert tweeted Friday morning that Alex Wubbels’ arrest was ”disturbing,” and that the city’s police should ”rectify the situation.”
The footage of Alex Wubbels' arrest is disturbing. We trust that the @slcpd will quickly respond and rectify the situation.
— Gov. Gary Herbert (@GovHerbert) September 1, 2017
Police spokeswoman Christina Judd said the agency had initiated an internal investigation within hours of the July 26 encounter between Detective Jeff Payne and University Hospital burn unit nurse Alex Wubbels that was caught on the officer’s body camera.
Gill said he reached out to the chief and the mayor late Friday morning expressing his concern and requesting a criminal investigation. The district attorney said he asked Brown to find an outside agency to look into the case.
Later in the day, Biskupski’s office announced the Unified Police Department would conduct a criminal investigation into the episode.
Gill said once the investigation is handed over to his office, prosecutors can decide if any laws were broken and if there is “somebody who should be held accountable.”
He added that he was grateful that the mayor and chief were “committed to transparency” and were in support of further investigation.
“We shouldn’t be afraid of [transparency],” he said. “We should embrace it.”
Payne had been suspended from blood-draw duties, though remained in his role as a detective in the investigations unit until Friday, when officials said he was placed on administrative leave as the criminal investigation began.
Judd said the assistant chief has apologized to the hospital and that the department is alarmed by what they saw in the video.
The episode became public on Thursday when Wubbels and her attorney, Karra Porter, held a news conference and released police body cam footage.
Prior to being arrested, Wubbels had explained to Payne that hospital policy does not allow blood draws from unconscious patients.
Payne was seeking, on behalf of Logan police, a blood sample from a burned and unconscious patient who had been involved in a July 26 collision in northern Utah that left another driver dead.
The video footage shows Wubbels explaining that blood cannot be taken from an unconscious patient unless the patient is under arrest, unless there is a warrant allowing the draw or unless the patient consents. Payne acknowledges in the footage that none of those requirements is in place, but he insists that he has the authority to obtain the draw, according to the footage.
Sen. Todd Weiler, who is the chair of the Senate’s judiciary committee, commended city officials’ response in a Friday tweet, but said he was “deeply concerned” that the detective has not been suspended from duty.
“I will continue to stand against any form of unnecessary police brutality or inappropriate behavior,” he wrote.
The video caused an uproar around social media, and multiple national news outlets picked it up Thursday. Thousands of people angrily commented on the department’s Facebook page, many demanding Payne’s firing or suspension. Other Utah police agencies were also being mistakenly bombarded by angry social media commenters, including the Unified Police Department and South Salt Lake police.
Salt Lake City Councilman Derek Kitchen posted on Facebook that the body camera footage “is one of the most disturbing things I've seen in a while.“
Kitchen said he trusted Chief Brown ”to do a thorough and fair review ... but at the very least I would like to see this officer placed on administrative leave until the review has been completed ... “
University of Utah Health released a statement Friday morning.
“University of Utah Health fully supports Nurse Wubbels and we are proud her decision to focus first and foremost on the care and well-being of her patient,” the statement said. “She followed procedures and protocols in this matter and was acting in her patient’s best interest. We have worked with our law enforcement partners on this issue to ensure an appropriate process for moving forward.”
The American Nurses Association also sent out a statement Friday morning, saying it was ”outraged” by the arrest. It called for the department ”make amends to the nurse, and take action to prevent future abuses.”
“It is outrageous and unacceptable that a nurse should be treated in this way for following her professional duty to advocate on behalf of the patient as well as following the policies of her employer and the law,” ANA President Pam Cipriano said in the statement.
National Nurses United also weighed in, calling the officer’s actions “outrageous.” criticized the actions of Salt Lake City police officers for assaulting and arresting a University of Utah registered nurse for advocating for an unconscious patient in late July.
“The first job of a registered nurse is always to protect and advocate for her patient, period,” said Jean Ross, RN, co-president of National Nurses United, the nation’s largest union and professional association of registered nurses.
“As the videos and news accounts make clear, there is no excuse for this assault, or her arrest, which sends a chilling message about the safety of nurses and the rights of patients,” Ross said.
Brown ended his written statement by saying, “Salt Lake City Police Officers have a very soft spot in our hearts for all medical professionals. We know that if we are ever hurt in the line of duty, it is their caring hands that will perhaps save our lives one day.
“I believe we can learn from mistakes and from building strong relationships with everyone we work with and serve. By doing that we become a stronger police department.”
Utahns Against Police Brutality announced it was holding a protest rally at 6 p.m. Saturday at the Salt Lake City Public Safety Building, 475 S. 300 East.