OHP Clears Troopers, Says Use of Force Was Justified

The Oklahoma Highway Patrol has cleared two troopers who were accused of using excessive force while arresting a Holdenville man last month.

Friday, November 13th 2009, 2:47 pm

By: News 9


By Dave Jordan, NEWS 9

OKLAHOMA CITY -- The Oklahoma Highway Patrol has cleared two troopers who were accused of using excessive force while arresting a Holdenville man last month.

Troopers said they have investigated the Oct. 3 incident involving Troopers Tommy Allen and Dan Martin and found the use of force was justified. The troopers were taken off paid administrative leave and returned to duty Friday.

Dash cam video shows Kristopher Douglas walking up to the troopers while they were conducting a traffic stop. Troopers asked Douglas to leave the area and he refused. Trooper Martin then struck Douglas with a baton after he continued to disobey the troopers' orders.

Douglas of Holdenville accused Trooper Martin of beating him with the nightstick. However, the dash cam video revealed Martin hit Douglas once in the leg as Trooper Allen handcuffed from behind.

"This could have been over right here if the person complied with the officers directions and turned around and walked away," said OHP Lt. Tim Tipton.

Tipton, who is considered an expert in use of force, said this arrest falls in line with department policy. He also said it could have turned deadly in an instant.

"There are two places where police officers get killed on a daily basis, and that's arriving at somebody's house for a domestic and making a traffic stop," Tipton said.

Douglas showed NEWS 9 his bruise from Martin's baton the day after his arrest and maintained the force was excessive.

"He used too much force and I was complying with them, but they didn't have no reason to do this to me," Douglas said.

OHP reviewed the dash camera video and formed a five-man review panel that justified the troopers' actions.

OHP did not interview any civilian witnesses because, according to OHP Capt. Chris West, the tape told the whole story.

Douglas' lawyer Richard O'Carroll took issue with that and the fact that the investigation took six weeks. O'Carroll said his client did nothing wrong and the troopers should have let him go into the house.

OHP only released about two minutes of video and as of now said they have no plans to release the entire 45 minutes of footage.

Douglas was charged with obstruction for his actions. His trial is set for January.

Martin made national news in May when he was caught choking a paramedic on tape. He received a five-day unpaid suspension and was forced to attend anger management classes.

More on News9.com: Trooper Involved in Paramedic Scuffle Faces New Allegations of Using Excessive Force

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