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  1. #1
    Forum Member SANDSTROMJM's Avatar
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    Default Battle of the badges on Route 80

    Trooper arrests Rockaway Twp. fire official after crash-scene dispute

    BY JIM NAMIOTKA DAILY RECORD

    ROCKAWAY TWP. -- A deputy fire chief was arrested and held in handcuffs for two hours Sunday night following an argument with a New Jersey State Police trooper after the firefighter refused to move a fire truck that was blocking the right lane of Route 80.

    Robert Jenkins, 50, deputy chief of the Rockaway Township Fire Department and a 23-year veteran of the Picatinny Arsenal Fire Department, was charged with disobeying a state trooper and disorderly conduct after arguing with the trooper at the scene of a rollover crash. The accident was off the westbound lanes of the interstate, near milepost 36, shortly before 9 p.m. A second firefighter who drove the truck also was ticketed following the dustup.

    Arriving at the scene of the crash, Jenkins said he ordered the truck to park diagonally across the right travel lane to create a safety buffer for emergency crews and police responding to the accident -- a move he said was in line with state policies designed to protect emergency workers.

    But state police said their trooper ordered the fire truck onto the shoulder because it was a danger to oncoming westbound traffic.

    In the end, Jenkins wound up handcuffed to a bench in a tiny holding cell at the state police Netcong barracks. He is scheduled to appear in municipal court on Thursday.

    "It was like I murdered somebody; they kept me cuffed in there for two hours," Jenkins said on Monday.

    Both sides said Monday that safety was a top priority at any highway accident scene. But it was the argument over proper procedures -- described as loud and hostile, with each side accusing the other of being the aggressor -- that led to the 30-year firefighter wearing handcuffs.

    A minor mishap

    The actual accident occurred around 8:45 p.m., when a westbound Nissan Maxima lost control, winding up on its roof in a wooded area about 30 feet off the highway. Its driver was already out of the car by the time state police arrived, complaining of pain but showing no obvious injuries. The driver later was treated and released at St. Clare's/Dover General Hospital, police said.

    State police called for a first aid squad, but not the fire department. However, both ambulance and fire crews were dispatched to the scene.

    Rockaway Township firefighters arrived with a heavy rescue truck, a fire engine and an incident command vehicle. When fire crews arrived, state police cruisers and an ambulance were already there, parked on the shoulder. Jenkins ordered the heavy rescue truck to block the right hand lane, giving the rescue workers a buffer from passing cars and tractor-trailers as they worked.

    According to Jenkins, that is in line with policies adopted earlier this year in Morris County -- but already widely practiced across the U.S. -- that are designed to protect emergency crews responding to highway crashes. The policy was written after several New Jersey highway workers were injured or killed along roadsides in recent years.

    Without the buffer, police and firefighters, even on the shoulder, may be working just a few feet from traffic whizzing by at 60 or 70 mph.

    An argument is born

    "My responsibility is to the men of the (fire) department,"Jenkins said. "And this is the way I wanted to protect them. It was Sunday night, and traffic was light, so it wasn't like we were blocking traffic that much."

    Troopers on the scene disagreed.

    Soon after Jenkins ordered the fire truck's driver, Allen Bell, to block the right lane, Trooper Kevin Fritz ordered the truck moved. Jenkins told the driver to leave the truck where it was, and the argument ensued.

    Ultimately, all vehicles were moved to the shoulder.

    According to Maj. Matthew Walker, North Jersey commander of the state police, the trooper determined that the blocked lane was a danger to passing vehicles -- particularly because there were no cones or flares placed east of the truck to warn approaching drivers that the lane was blocked and to ease traffic to the left.

    1 policy, 2 views

    And that, state police said, is in line with the same policy cited by Jenkins, which calls for advance warning of lane blockages to motorists and, above all, gives state police the final say at any accident scene on a state highway.

    "Our troopers on the scene are concerned with the public safety," Walker said. "Basically, the troopers tried to take care of an unsafe situation."

    That's where the story splits, however.

    Jenkins said Trooper Fritz was "irate" and "lost his cool,"while he remained calm. State police called Jenkins "hostile and argumentative," insisting their trooper handled the situation properly, even waiting until Jenkins had wrapped up his duties before placing him under arrest.

    Madison Fire Chief Douglas Atchison, who chaired the committee that wrote the "blocking" policy for Morris County, said the local guidelines are based completely on standard procedure for highway crashes around the country. He would not comment directly on Sunday night's incident, but said both sides appeared to have had safety in mind.

    "There's too many emergency responders killed or injured when operating in or near traffic," Atchison said Monday. "The whole premise is that it's the secondary accident that's going to be a killer."

    Point of agreement

    "It's a shame it had to get to that point," he said.

    Both Rockaway Township and state police officials agreed on that point, too, even while defending their people.

    "Safety is a major concern for the fire department," Rockaway Township fire chief Joe Mason said. "We weren't just arbitrarily on the highway with cars going 70. You're within six feet of these cars. Once somebody gets killed on the highway, though, it's too late to say we should do something about this."

    "We have to have a better rapport with these troopers. Do we feel they did something horribly wrong? No," Mason said. "That's why they have courts, I guess."

    Capt. Al Della Fave, a spokesman for the state police in Trenton, had similar things to say.

    "You can't have vehicles stopped in the motoring lanes on Route 80. You just can't do that -- that was the bottom line for our troopers, the fear that that fire truck was going to be struck unnecessarily," Della Fave said. "We're all in the public safety business here."

    Going to court

    Jenkins is scheduled to appear at 4:30 p.m. Thursday in Rockaway Township municipal court. Mason said the fire department will consult with township attorneys before deciding its next step.

    Although Mason and the commander of the state police barracks in Netcong spoke early Monday morning, when Mason arrived to take Jenkins home, Walker said the charges against Jenkins would stand.

    Bell, the heavy rescue truck's driver, also was issued citations for disobeying a state trooper and for operating a vehicle without his driver's license -- which he left in his pants at the fire station when he changed into his turnout gear.

    http://www.dailyrecord.com/apps/pbcs...30/1203/NEWS01
    A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.


  2. #2
    Forum Member MemphisE34a's Avatar
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    Give someone a lil power and...........
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    Management is making sure things are done right. Leadership is doing the right thing. The fire service needs alot more leaders and a lot less managers.

    "Everyone goes home" is the mantra for the pussification of the modern, American fire service.


    Comments made are my own. They do not represent the official position or opinion of the Fire Department or the City for which I am employed. In fact, they are normally exactly the opposite.

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    How about we let Judge Judy decide this one?

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    Even more reason to have a "Come to Jesus Meeting" with the police prior to something like this happening to make sure everyone is on the same page and has the same understanding of the laws.........

    Not sure how the NJ laws are, but here in Ohio if the FD has been called to an emergency scene on the highway, it's the fire chief or his designee in charge of the incident and he/she will release it to the police after their job is done.

    We, typically, don't have issues like this. There have been issues elsewhere with the Ohio State Patrol. They don't like "their highways" being shut down....... Some FD in the NW Ohio area (can't remember which one) had a issue similar to the one in NJ........ As soon as the trooper started in threatening to arrest the IC, a Sheriff Deputy was requested........ The trooper backed off and everything was fine after that........ Maybe Steamer or someone else can clarify it, but it has something to do with the Troopers not being official "police officers" by the wording of the state laws.........

    ANyhow, enough rambling........ Work all this stuff out ahead of time so these things don't happen..........
    The comments made by me are my opinions only. They DO NOT reflect the opinions of my employer(s). If you have an issue with something I may say, take it up with me, either by posting in the forums, emailing me through my profile, or PMing me through my profile.
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    Quote Originally Posted by SANDSTROMJM
    According to Maj. Matthew Walker, North Jersey commander of the state police, the trooper determined that the blocked lane was a danger to passing vehicles -- particularly because there were no cones or flares placed east of the truck to warn approaching drivers that the lane was blocked and to ease traffic to the left.
    So I guess getting in a ****ing match with fire was more constructive than getting some cones or flares put out?

    Sounds like both sides might have needed a little naptime.

  6. #6
    Forum Member Dave1983's Avatar
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    Quote Originally Posted by firenresq77
    Not sure how the NJ laws are, but here in Ohio if the FD has been called to an emergency scene on the highway, it's the fire chief or his designee in charge of the incident and he/she will release it to the police after their job is done.
    Same here in Fla...Any emergency scene that we are on, the ranking FD officer is in charge, period.

    Stories like this just amaze me. I think the FD there should just roll a full alarm and shut down the entire f-ing highway. Let the troopers deal with that.
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  7. #7
    MembersZone Subscriber E229Lt's Avatar
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    I'm responsible for the safety of my men, Lock me up.

  8. #8
    Forum Member firenresq77's Avatar
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    Quote Originally Posted by E229Lt
    I'm responsible for the safety of my men, Lock me up.
    I agree..... If it has to come down to that. I'd rather have it all worked out ahead of time, though......
    The comments made by me are my opinions only. They DO NOT reflect the opinions of my employer(s). If you have an issue with something I may say, take it up with me, either by posting in the forums, emailing me through my profile, or PMing me through my profile.
    We are all adults so there is no need to act like a child........
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    Forum Member RspctFrmCalgary's Avatar
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    Thought I was losing it Knew I'd subscribed to a thread by this name already today

    *Disguises her voice to sound like Joshie* "Excuse me, sir but we're over here".

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    In Chicago alone, police squads are involved in 2,400 accidents and fire vehicles in 585 accidents yearly - many of them sparked by violators of such safety rules. One such case claimed the life of firefighter Scott Gillen several weeks ago. Lt. Gov. Corinne Wood is pushing a measure, named for Gillen, that would impose fines of up to $10,000 on violators causing property damage and prison sentences of up to two years on those whose actions result in death. Please take a moment to support the bill by signing a petition. If you are interested in helping out with this legislation, and you live in Illinois or you have friends or relatives who live in Illinois. You can help out by signing the online petition at "www.Scottslaw.org".

    Just before Christmas, Lt. Scott Gillen of the Chicago Fire Department was struck and later died by an alleged drunk driver. This occured while Lt. Scott Gillen was working on the scene of a car accident attending to victims. When the driver went around the vehicles and struck Lt. Scott Gillen.


    Illinois Passes Scott?s Law

    HEATHER CASEY
    Firehouse.Com News

    "Scott?s Law" has unanimously passed both the Illinois House and Senate and is expected to become state law after receiving the signature of Governor George Ryan.

    The law is intended to protect emergency personnel from motorists at emergency scenes, and is named after Chicago Fire Lieutenant Scott Gillen who was struck and killed Dec. 23, 2000 while responding to a traffic accident.

    House Bill 180 passed the Illinois House of Representatives 113-0 on March 21, National Firefighter Day, and the Senate 56-0 on May 15.

    Lt. Governor Corinne Wood, who spearheaded the effort, called its passage "a victory for the safety of firefighters, police officers, and emergency personnel across Illinois."

    The law will increase penalties for drivers who fail to yield to emergency vehicles or who cause accidents or injury to personnel at emergency scenes.

    Drivers who do not slow down or change lanes could face fines up to $10,000 and license suspensions up to two years.

    The bill originated with Gillen?s family. After Gillen?s brothers contacted Wood, she met with the family and with Chicago Fire Commissioner James Joyce. She then asked State Rep. Mike Bost and Sen. Walter Dudycz to sponsor the bill.

    Bost is currently a firefighter in Murphysboro and Senator Dudycz is a retired Chicago police officer.

    Wood also credits the bill?s success to an online petition signed by over 16,000 people at www.scottslaw.org.

    In a prepared statement Wood said, "Scott?s Law? is a vital piece of legislation created with the sole purpose of protecting emergency workers throughout Illinois. As it has been tragically proven, careless driving around emergency scenes can result in the injury or death to the firefighters, police officers, or other emergency personnel who risk their lives to save ours. This law will help protect those who protect us."


    Chicago Fire Lieutenant Struck, Killed by Car at Accident Scene

    Condolences: Post/View in the Forums


    Firehouse.Com News


    The driver of a car that fatally struck a Chicago fire lieutenant on Saturday has been charged with reckless homicide.

    Seeing the driver held accountable, however, can provide little satisfaction for the fire department, said spokesman Mike Cosgrove.

    "It will not bring Lt. Gillen back," he said. "The fire department is in the midst of preparing a funeral to honor the firefighter and at this time wishes that the law enforcement authorities perform their job and charge the driver with whatever is appropriate," the spokesman said.

    Newly appointed lieutenant Scott Gillen, 37, the father of five daughters, was killed as he was working at the scene of a traffic accident shortly after 2 a.m. Saturday morning.

    Police said the driver of the car, Carlando Hurt, failed to merge around the parked emergency vehicles.

    Gillen was trapped between the car and his own ladder truck, which he had been standing behind. After he was extricated, he was taken to an area hospital where he died a short time later. There were no other serious injuries in the crash.

    Other charges Hunt faces include failing to yield to an emergency vehicle, driving under the influence and driving with a revoked license. At a bond hearing, prosecutors also told the judge that Hurt was legally drunk at the tie of the crash, the Chicago Tribune reported. Hunt's bond was set at $400,000.

    Gillen was a 14-year veteran of the fire department and is part of a firefighting family. He had been promoted to lieutenant just two weeks ago. The death was the second this year in Chicago involving a vehicle-related accident. Chicago Fire Lieutenant L. C. Merrell was killed and a second firefighter seriously injured when a ladder truck responding to a false alarm on Saturday, Apr. 29 was broadsided by a truck that failed to yield the right-of-way at a four-way stop intersection.

    "It is clear that there are members of the public that are not respecting the importance of emergency vehicles responding to alarms," Cosgrove said. "The fire comissioner is very upset that this situation takes such a heavy toll."







    It's nice to see the NJ State Police are on the ball and looking out for our safety. Jagoffs.............




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  11. #11
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    Iowa has the same laws. The scene is the FD's until we say we're done. We've had issues with the patrol, but they have been smoothed over easy. Then we got a newbie and we had the post commander come up and everyone got on the same page.

    Also, based on the article, the trooper wanted to have flares or warning devices. Wouldn't the cars behind the apparatus qualify as warning devices if they had their lights on?

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    Default Just being a Firefighter doesn't make you right

    This story does no credit to anyone involved. Although it is easy for a long serving career firefighter like myself to automatically take the Firefighters side in this dispute, I feel I have to ask "was it really necessary for the Fire Service to be there at all"?
    If an accident is clear of the lanes, there is plenty of good research (some of the best quoted on "Firehouse" to show that parking off the lane and turning all your warning lights OFF is what is likely to make you safest.
    check out http://cms.firehouse.com/content/art...2&sectionId=15 for example.
    Keeping a firefighter, EMT or cop safe from being killed is vital. But causing an accident that didn't have to happen, when someone not paying attention swerves into oncomming traffic and wipes out a family of four still means four people died unnecessarily if the road block was only there so the Fire Department could show those damned cops who was boss!
    Unnecessary road blocks kill people, and firefighters are there to save lives not cost them. When there is no choice, road blocks need to be robust, far enough back not to be pushed into the scene, and appropriately marked, but there is more at stake in using them than delaying a little traffic. Have you really taken all the factors into account?Talk to each other people, and do it ahead of time. The job is much too important for these juvenile ****ing contests.

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  13. #13
    Sr. Information Officer NJFFSA16's Avatar
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    "Our troopers on the scene are concerned with the public safety," Walker said. "Basically, the troopers tried to take care of an unsafe situation."
    Translation? Those of you on the accident scene are expendable. We need to protect the oncoming motorists.

    "You can't have vehicles stopped in the motoring lanes on Route 80. You just can't do that -- that was the bottom line for our troopers, the fear that that fire truck was going to be struck unnecessarily," Della Fave said. "We're all in the public safety business here."
    Translation? We'd rather have a vehicle strike one of the emergency responders...not the fire truck. Once again...looking out for the safety of approaching motorists...not the emergency responders.

    ...the trooper determined that the blocked lane was a danger to passing vehicles ...
    Translation? Again....looking out for the safety of approaching motorists...not the emergency responders. You know what...if the approaching traffic can't see that a 30 foot long rescue truck...with umpteen lights flashing is in the roadway....then they shouldn't be driving.

    Question....who's going to be held responsible..if and when an on scene emergency responder is struck and killed by a passing motorist. The State Trooper...or your FD command officer? I'll wager it's NOT going to be the trooper.

    New Jersey and YOU...PERRRfect together.
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    Forum Member Rescue101's Avatar
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    I'd be interested in the Troopers time on the job.The Deputy had 23 yrs.Sometimes troopers don't always see the big picture.However with the car thirty feet off the road you probably could have done a modified block,coned it off and maintained a good safety zone.I wasn't there and no longer run much of 80 so it's kinda hard to picture the whole scene.Be interesting to see how it pans out. T.C,

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    Default Most states give command to the

    fire department in this situation. The rationale being:

    1. life safety is the first priority;
    2. fire officers, by the very nature of their jobs, must coordinate the efforts of large numbers of people in a emergency situation. LEOs do so much less often.

    My brother-in-law is a cop, and we have had this discussion. I was able to bring him around on the issue by pointing out that in this area, incidents involving multiple law enforcement officers from different agencies might happen a few times a year, while fire incidents that involve managing the efforts of multiple firefighters, often from different agencies, happen every day.

    Of course, the fact that New Hampshire law unambiguously gives the lead role to the fire department may have helped make my case.

  16. #16
    Forum Member BCmdepas3280's Avatar
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    Quote Originally Posted by E229Lt
    I'm responsible for the safety of my men, Lock me up.

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    Quote Originally Posted by SANDSTROMJM
    "You can't have vehicles stopped in the motoring lanes on Route 80. You just can't do that -- that was the bottom line for our troopers, the fear that that fire truck was going to be struck unnecessarily," Della Fave said. "We're all in the public safety business here."

    Wow....this says it all.....I guess it would be better if the vehicle would stirke the members "unnecessarily."
    IACOJ Member

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    Forum Member SANDSTROMJM's Avatar
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    Jersey Guys, help me out here...

    If I am wrong here, please correct me, but, isn't RT.80 3 lanes in that area with a 50ft grass median between East & West bound traffic????

    But state police said their trooper ordered the fire truck onto the shoulder because it was a danger to oncoming westbound traffic.
    "You can't have vehicles stopped in the motoring lanes on Route 80. You just can't do that -- that was the bottom line for our troopers, the fear that that fire truck was going to be struck unnecessarily," Della Fave said. "We're all in the public safety business here."
    A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.

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    Default Other dimensional questions

    My worst experience with an LEO was with a Jersey trooper on the Turnpike. I knew it was bad news as soon as he got out of his car, drew himself up to his full height (which I am guessing was 5'6") and started strutting toward me.

    I am not a big guy myself, but I always hate to see a short cop. They always seem to overcompensate.

    Lest anyone be concerned, I am not actually deadly serious about this, and recognize that not all short LEOs are strutting martinets.

  20. #20
    MembersZone Subscriber MalahatTwo7's Avatar
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    Hmmm this story is something right out of my past with Malahat. The year was 2002, the Chief had just departed the Island that morning for a long holiday, the DC was out of District for a meeting, and I was the "ranking officer" for the day. We paged out to a 3 car MVA, northbound TCH. On arrival, one car in the ditch, well off the road, but the other two were nose-to-tail in the centre lane. Because of the rain and visibility conditions, I chose to close the entire northbound side until we could get things sorted out.

    The short story is, the attending RCMP officer and I got into a very heated - note - heated (not shouting LOL) discussion about responder AND commuter safety. I had just finished closing all traffic flow to allow the arriving ambulance to stage. The amb had not even parked yet, and I see two cars on OPPOSING directions swerve first around each other AND then the amb. So calling to my traffic control guys and kinda tell'm to SHUT THE ROAD to all traffic, they answer back saying they were told to Open. So I wanders over to each and inquires as to who told them so. They each pointed to the aforementioned Trooper and say "He did." Thats when the "heated" discussion took place. I think I mostly won that round. We held traffic till things got sorted out anyhow. Of course, for me "sorted out" meant all pts loaded for tpt, and we are about to clear out and go home.

    Was not a happy day on the Hill. I made sure and included all those events in the After Action Report, and passed it to the DC when he came back up. It was eventually written off as a "Bad Day" for the Trooper.
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