Feds defend aiming shotgun at elderly Alaskans on Yukon River
Craig Medred |
Apr 06, 2011
FAIRBANKS -- The National Park Service ended up on trial here Wednesday in what was supposed to be a case against a 70-year-old resident of Central, Alaska, who led a short, but action-packed, high-speed riverboat chase along the Yukon River in September. From the day that encounter in the remote wilds of Alaska first erupted into a national incident -- the state and the federal government are still in court arguing over who has authority for a river through the Yukon-Charley Rivers National Preserve long used for both Alaska and Canadian commerce -- Jim Wilde, the man accused by the Park Service of fleeing and endangering rangers, has protested that all he ever wanted to do was take his boat to the safety of a riverbank before meeting with the government men who wanted to do a "safety inspection." Before doing this, however, two rangers have testified Wilde said, "You fucking cocksuckers. I'm not stopping." He gunned his boat and headed upriver. Wilde has said he was aiming for a good place to beach the boat on the shore. Rangers have testified they thought he was fleeing for Canada, more than 100 miles away. Whichever the case, rangers launched a pursuit. Based on the testimony, it took between a minute and 15 seconds to two minutes and covered a distance between a quarter-mile and a half-mile -- once or twice around your average high school track. A lot of action transpired in this relatively short time and distance, however. Ranger Joe Dallemalle pulled his handgun and pointed it at Wilde, who was seated at the steering wheel of his boat. Both Dallemalle and ranger Ben Grodjesk testified that Wilde responded by swerving his boat toward theirs. Dallemalle then decided his handgun wasn't doing enough to intimidate Wilde and his two passengers, so he grabbed a shotgun, ratcheted a shell into the chamber, and took aim at the man. Legally, in the state of Alaska, Wilde attorney Bill Satterberg noted in court Wednesday, this constitutes the use of "deadly force" which is to be used by law enforcement authorities only in extreme situations. Reading from a Park Service manual, he noted that even that agency says such force is to be used only in situations in which lives are in danger. So why here? the attorney asked. "He (Wilde) was a threat to himself, his passengers and the public," Grodjesk said. Wilde, his 73-year-old wife, Hannelore, and elderly friend Fred Shank were at the time deep in the Yukon-Charley Preserve, a long forgotten back corner of Alaska. Though it was then moose hunting season along the river, one of the busiest times of the year, rangers testified they'd seen only one other boat on the day Wilde's showed up where they were staking out a bend near a place called Slaven's Cabin. Rifles and handcuffs for 'failure to identify'Wilde approached the rangers in his boat after they waved at him, but he grew uncooperative when they identified themselves and told him to turn his boat off in midriver, in a current estimated around 6 mph, in order to await their inspection. Then the chase began. The guns were brandished. Wilde beached his boat. The rangers, saying Wilde looked aggressive, jumped him; threatened to Taser him if he didn't start cooperating; handcuffed him; hauled him tens of miles downriver to Circle; and then put him in a car for a long drive to the jail in Fairbanks. Satterberg wanted to know if this was standard treatment for Yukon-Charley visitors. Grodjesk said no. Satterberg then started asking about what happened near the confluence of the Nation and Yukon rivers in the preserve only weeks before Wilde was arrested. Assistant U.S. Attorney Stephen Cooper objected. He rose from his chair to argue the Nation River had nothing to do with the Wilde case. Satterberg disagreed. He said what happened on the Nation showed a pattern of behavior by the Park Service that might make the locals unwilling to cooperate. Cooper objected again. "He can't do that," the prosecutor said. Magistrate Judge Scott A. Oravec, however, decided Satterberg could. Satterberg asked Grodjesk if he'd handcuffed a man near the Nation River in August and then kept him in handcuffs for hours. "Yes," responded Grodjesk, adding, "I don't recall the time." And why was the man handcuffed? Satterberg asked.
by I_4_AlasKa | April 8, 2011 - 2:25am
Nice coverage Craig. Can you believe they give those guys guns and handcuffs? Maybe they should be demoted to one step under Barney the deputy in Maybury. (i.e. take the one bullet out of their pocket and throw it in the river.) Just goes to show what can go on with rangers go without proper supervision and proper training. Time to shuffle the deck, and send that ranger to Yellowstone.
by doug23 | April 7, 2011 - 10:43pm
My mistake. In an earlier post I suggested Rangers Dallemolle and Grodjesk might have a section 1983 suit brought against them for false arrest of the man who refused to reveal his identity. I should have said a Bivens Claim rather than a 1983 suit.
by doug23 | April 7, 2011 - 7:54pm
Tim Henry was not legally required to identify himself to Park Rangers Joe Dallemolle and Ben Grodjesk. If Dallemolle and Grodjesk detained Tim Henry for 2 hours because he refused to identify himself, that's false arrest. The U.S. Supreme Court found recently in Hiibel vs Nevada, that a state could pass a law requiring that you identify yourself to a police officer. They ruled that you don't have to show identification. Stating your name verbally is sufficient. So, there are 2 kinds of states. Alaska has no law requiring that you identify yourself. It's not a "must identify state." Refusal to identify yourself to police is not lawful basis for detention in Alaska. If Rangers detained Henry for 2 hours, that exceeds the limits for "detention." Almost any judge would rule that detention evolved in an arrest well before 2 hours had elapsed. As Federal agents, Dallemolle and Grodjesk could (and should) be sued civilly and individually under section 1983 (they themselves would be liable for damages, not the government). It sounds like Dallemolle and Grodjesk went a little wacky out there. It sounds like Park Supervisors refused to rein them in. It looks like the Park Service has a problem here. They should clean it up before they are personally bankrupted by lawsuits, or something really tragic happens. It is well established now that Dallemolle and Grodjesk and their supervisors are operating beyond the law. Their credibility is shot. For Dallemolle and Grodjesk especially, their credibility is so tarnished that it would be difficult to sustain convictions based on their testimony. Hence, they are now useless as law enforcement agents. It would be better for everyone concerned if they found a new line of work.
by Stephan Patterson | April 7, 2011 - 7:40pm
Jim Wilde has it right,.... Oops,.... You are "Lieing,Fucking Cocksuckers." Stephan G. Patterson,..... Anchorage,Alaska
by chasm | April 7, 2011 - 11:11am
"He (Wilde) was a threat to himself, his passengers and the public," Grodjesk said Obviously the only thing to do in this case is to pull a shotgun and shoot the old man before he hurts himself. Time to cut the Park Service budget in half.
by tbodony | April 7, 2011 - 9:31am
Thanks for the play-by-play coverage of this bizarre case.
by kenryan | April 7, 2011 - 6:40am
Too bad there are no roads in Yukon Charley. We could put the rangers on parking meter duty to keep them out of trouble.
by Susitna-Flower | April 7, 2011 - 6:07am
It sounds to me like some government employees with nothing to do, unmindful of TURE concern for safety of others, had nothing better to do than hassel an old man and his wife. I think they should be reprimanded, and made to pay the court costs!
by Alaska Groan | April 7, 2011 - 1:19am
I believe Mr. Wilde waived his right to a jury trial. Why?
by dano | April 7, 2011 - 12:34am
Looks to me that Park Service is a great place to start reducing the budget in a big way! My Tax dollars are paying for this circus? Call the Mounties to haul those boys in next time they tour in Canada! There ought to be an investigation on those cobbled up photos, from the cost of getting them to the decision to bring them to court! Lets hear more about the Nation River incident. I bet Wilde had heard about that before he got waved over - no wonder he didn't want to comply. Keep us posted Craig!!! I was dumbfounded to read that this is a non jury trial - oh for a jury on this one. |













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