Matthew Havin
EF2
Oh man......... Fark.com! Looks like this story will hit the big time pretty fast with a million eyes looking at it.
Joe Grunow
Storm Chaser Arrested
At the risk of being tarred and feathered
, I had to add my two cents. Having been on both sides of this type of issue (I was a street cop then a criminal investigator for 25 years), I can kind of see both sides. On the chaser's side, we all know (or maybe should know) where the actual "danger" zone is and how close we can get without being in jeopardy. We go places where normal people think everyone dies, and think nothing of it because we have the training, experience, and the love of Jesus in our eyes. We do provide a valuable service to the NWS, Emergency Management, and the local media by being the purveyors of "ground truth" of the storm environment. Having said that, local police and sheriff's deputies usually don't have even basic spotter training knowledge, and don't really understand that chasers are doing anything constructive. What I'm going to say next is under the assumption that the storm was in close proximity to the parking area. If not, then the deputy was probably way off base...not knowing for sure, here goes. Keeping traffic moving and limiting "rubbernecks" in an area impacted by some hazard (traffic accident, fire scene, storm damage, etc) is an important part of maintaining public safety. Even though it sounds like BS that the deputy wanted to keep other people from stopping and clogging the area, think about it...how many times do we get followed by John Q Citizen (or sometimes a whole convoy of them) in a storm environment just because we have a couple of antennas or some weather instruments on our vehicles? Happens all of the time. If other people were pulling over to see what was going on, the deputy should have rightly been concerned about traffic problems. Impeded traffic flow can limit escape options for drivers in case of worsening conditions or a turning storm. In the past, I asked people to leave areas where the public had full legal access but their presence was a possible hazard or impediment. I never had to curse people out or "slam" them against the car to gain compliance, but then maybe the deputy didn't take the Dale Carnegie course. If the deputy asked the guy to move, and the request was refused, the deputy was well within his legal rights to arrest the guy. According to the Texas Penal Code, anyone who refuses to comply with a "reasonable request" to vacate the area....not necessarily an order or demand...of a police officer of firefighter who is discharging their duties in "maintaining public safety by dispersing those to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard" is guilty of a Class B Misdemeanor. Keeping people moving out of an area of a hazard, regardless of their motives for being there, is part of maintaining the public safety.
It sounds like the deputy may have gone about it all wrong, especially if he was being verbally abusive, etc, but the unfortunate reality is when a police officer tells you to "move along" you need to do it. B*tch about it later, call the deputy "Barney" to your cohorts, complain to the Sheriff or the County Judge, etc, but plain and simple...move on. It is the responsibility of the police officer to protect the safety of the public. If he felt that restricting the use of a parking area normally open to the public was necessary to protect the public and keep others from creating a traffic hazard, that is his call. This is the same authority the police use to block access to areas after a storm. How many times do we as chasers "sweet talk" our way past roadblocks to do damage surveys or continue a chase so we can pass on information to the NWS, etc? The only reason we get through is the cops feel like being nice to us. They don't have to allow us to pass, even though the roads are public property.
This is how the Penal Code lays it out:
§ 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY.
(a) A person commits an offense if, without legal privilege or
authority, he intentionally, knowingly, or recklessly:
1) obstructs a highway, street, sidewalk, railway,
waterway, elevator, aisle, hallway, entrance, or exit to which the
public or a substantial group of the public has access, or any other
place used for the passage of persons, vehicles, or conveyances,
regardless of the means of creating the obstruction and whether the
obstruction arises from his acts alone or from his acts and the acts
of others; or
(2) disobeys a reasonable request or order to move
issued by a person the actor knows to be or is informed is a peace
officer, a fireman, or a person with authority to control the use of
the premises:
(A) to prevent obstruction of a highway or any of
those areas mentioned in Subdivision (1); or
(B) to maintain public safety by dispersing those
gathered in dangerous proximity to a fire, riot, or other hazard.
(b) For purposes of this section, "obstruct" means to render
impassable or to render passage unreasonably inconvenient or
hazardous.
(c) An offense under this section is a Class B misdemeanor.
Like I said, I will probably be tarred and feathered, but what the hell. A little controversy is good for the soul.
At the risk of being tarred and feathered
, I had to add my two cents. Having been on both sides of this type of issue (I was a street cop then a criminal investigator for 25 years), I can kind of see both sides. On the chaser's side, we all know (or maybe should know) where the actual "danger" zone is and how close we can get without being in jeopardy. We go places where normal people think everyone dies, and think nothing of it because we have the training, experience, and the love of Jesus in our eyes. We do provide a valuable service to the NWS, Emergency Management, and the local media by being the purveyors of "ground truth" of the storm environment. Having said that, local police and sheriff's deputies usually don't have even basic spotter training knowledge, and don't really understand that chasers are doing anything constructive. What I'm going to say next is under the assumption that the storm was in close proximity to the parking area. If not, then the deputy was probably way off base...not knowing for sure, here goes. Keeping traffic moving and limiting "rubbernecks" in an area impacted by some hazard (traffic accident, fire scene, storm damage, etc) is an important part of maintaining public safety. Even though it sounds like BS that the deputy wanted to keep other people from stopping and clogging the area, think about it...how many times do we get followed by John Q Citizen (or sometimes a whole convoy of them) in a storm environment just because we have a couple of antennas or some weather instruments on our vehicles? Happens all of the time. If other people were pulling over to see what was going on, the deputy should have rightly been concerned about traffic problems. Impeded traffic flow can limit escape options for drivers in case of worsening conditions or a turning storm. In the past, I asked people to leave areas where the public had full legal access but their presence was a possible hazard or impediment. I never had to curse people out or "slam" them against the car to gain compliance, but then maybe the deputy didn't take the Dale Carnegie course. If the deputy asked the guy to move, and the request was refused, the deputy was well within his legal rights to arrest the guy. According to the Texas Penal Code, anyone who refuses to comply with a "reasonable request" to vacate the area....not necessarily an order or demand...of a police officer of firefighter who is discharging their duties in "maintaining public safety by dispersing those to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard" is guilty of a Class B Misdemeanor. Keeping people moving out of an area of a hazard, regardless of their motives for being there, is part of maintaining the public safety.It sounds like the deputy may have gone about it all wrong, especially if he was being verbally abusive, etc, but the unfortunate reality is when a police officer tells you to "move along" you need to do it. B*tch about it later, call the deputy "Barney" to your cohorts, complain to the Sheriff or the County Judge, etc, but plain and simple...move on. It is the responsibility of the police officer to protect the safety of the public. If he felt that restricting the use of a parking area normally open to the public was necessary to protect the public and keep others from creating a traffic hazard, that is his call. This is the same authority the police use to block access to areas after a storm. How many times do we as chasers "sweet talk" our way past roadblocks to do damage surveys or continue a chase so we can pass on information to the NWS, etc? The only reason we get through is the cops feel like being nice to us. They don't have to allow us to pass, even though the roads are public property.
This is how the Penal Code lays it out:
§ 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY.
(a) A person commits an offense if, without legal privilege or
authority, he intentionally, knowingly, or recklessly:
1) obstructs a highway, street, sidewalk, railway,
waterway, elevator, aisle, hallway, entrance, or exit to which the
public or a substantial group of the public has access, or any other
place used for the passage of persons, vehicles, or conveyances,
regardless of the means of creating the obstruction and whether the
obstruction arises from his acts alone or from his acts and the acts
of others; or
(2) disobeys a reasonable request or order to move
issued by a person the actor knows to be or is informed is a peace
officer, a fireman, or a person with authority to control the use of
the premises:
(A) to prevent obstruction of a highway or any of
those areas mentioned in Subdivision (1); or
(B) to maintain public safety by dispersing those
gathered in dangerous proximity to a fire, riot, or other hazard.
(b) For purposes of this section, "obstruct" means to render
impassable or to render passage unreasonably inconvenient or
hazardous.
(c) An offense under this section is a Class B misdemeanor.
Like I said, I will probably be tarred and feathered, but what the hell. A little controversy is good for the soul.
Joe Grunow
Storm Chaser Arrested
Just found that Brian Barnes is the Owner/Operator and "Tour Director" of Violent Skies Tours (www.violentskiestours.com).
Just found that Brian Barnes is the Owner/Operator and "Tour Director" of Violent Skies Tours (www.violentskiestours.com).
Susan Strom
EF5
This is a bit odd-
"Barnes adds, 'He continued to say that I was the example why people were stopping and that I was putting those other people at risk, because they were stopping behind me.'"
We can hardly control what other people do...
I have been approached 3 times I can recall while just standing doing photography and nothing else. Once in Kansas because it was 4:30am and I was alone shooting CGs over grain elevators and I think he was just wondering 'what the heck..' and twice in Arizona - one because I was close to the border where everybody is checked out, and in '06 I stumbled into a crime scene w/o realizing it, there was no way to know. He was concerned I would be accosted by suspects. "No problem" was my response to that, and I was out of there.
Being non-emotional helped out a lot. Even though sometimes (like in Kansas) I was left with a big question mark and a lost vantage point, emotions never lead to anything good with police, so to me it is worth just leaving. Sometimes we don't know why we're being asked to leave (like in the crime scene).
Still though, there is nothing a chaser can do when people follow in their cars. Police should take that into consideration...bystander possies. This is not solicited by us, it is just what people do.
"Barnes adds, 'He continued to say that I was the example why people were stopping and that I was putting those other people at risk, because they were stopping behind me.'"
We can hardly control what other people do...
I have been approached 3 times I can recall while just standing doing photography and nothing else. Once in Kansas because it was 4:30am and I was alone shooting CGs over grain elevators and I think he was just wondering 'what the heck..' and twice in Arizona - one because I was close to the border where everybody is checked out, and in '06 I stumbled into a crime scene w/o realizing it, there was no way to know. He was concerned I would be accosted by suspects. "No problem" was my response to that, and I was out of there.
Being non-emotional helped out a lot. Even though sometimes (like in Kansas) I was left with a big question mark and a lost vantage point, emotions never lead to anything good with police, so to me it is worth just leaving. Sometimes we don't know why we're being asked to leave (like in the crime scene).
Still though, there is nothing a chaser can do when people follow in their cars. Police should take that into consideration...bystander possies. This is not solicited by us, it is just what people do.
Adam Lucio
EF5
I have spoken with Brian several times privately before this incident. He has nowcasted for me as well.
I spoke with him on the phone tonight and he gave me a more detailed account of the events that happened. I mentioned to him people here on stormtrack were already talking about it and he said he plans to come on here and provide more information so I wont go into too much detail but regardless
All was caught on camera! There is already a huge local publicity story about it. Apparently there were also news media on the scene at the time. The sheriff in question is the "new sheriff" in town and apparently has a hot head....hes already being sued over this incident for cussing out a reporter who was also there.
Brian owns violentskiestours.com, [and yes...has NOTHING to do with silver lining tours] he asked me earlier this year to help them out with a special tour they offer at the end of May [without pay before all you chaser paparazzi try and judge me] he was raised by a police officer and even offers a law enforecement discount on his website and for over 10 years has operated a fully law abiding business.
He made several reports to the NWS just prior to the incident, those have already been captured and will be used as evidence AGAINST this sheriff as to what he was doing out there. Just because he is running a business doesn't mean he still cant provide the basic public service we chasers like to pride ourselves on as far as helping the public goes.
The officer acted out of line. Plain and simple and I hope he pays for it...its easy for us to sit here and claim we wouldnt have a problem but lets face it...if we're just sitting there observing a storm, pulled over LEGALLY and not breaking any laws, and a hot headed officer came up and started acting out of line...Im sure most of us would have an issue with that, I know I would.
There was a thread I read in here the other day where people talked about how the local law enforcement in NW Kansas is towards chasers...so we all know this is a bit of a problem in some areas.
I spoke with him on the phone tonight and he gave me a more detailed account of the events that happened. I mentioned to him people here on stormtrack were already talking about it and he said he plans to come on here and provide more information so I wont go into too much detail but regardless
All was caught on camera! There is already a huge local publicity story about it. Apparently there were also news media on the scene at the time. The sheriff in question is the "new sheriff" in town and apparently has a hot head....hes already being sued over this incident for cussing out a reporter who was also there.
Brian owns violentskiestours.com, [and yes...has NOTHING to do with silver lining tours] he asked me earlier this year to help them out with a special tour they offer at the end of May [without pay before all you chaser paparazzi try and judge me] he was raised by a police officer and even offers a law enforecement discount on his website and for over 10 years has operated a fully law abiding business.
He made several reports to the NWS just prior to the incident, those have already been captured and will be used as evidence AGAINST this sheriff as to what he was doing out there. Just because he is running a business doesn't mean he still cant provide the basic public service we chasers like to pride ourselves on as far as helping the public goes.
The officer acted out of line. Plain and simple and I hope he pays for it...its easy for us to sit here and claim we wouldnt have a problem but lets face it...if we're just sitting there observing a storm, pulled over LEGALLY and not breaking any laws, and a hot headed officer came up and started acting out of line...Im sure most of us would have an issue with that, I know I would.
There was a thread I read in here the other day where people talked about how the local law enforcement in NW Kansas is towards chasers...so we all know this is a bit of a problem in some areas.
Anthony Silver
EF4
Some additional information from the ABC 33/40 Weather Blog:
http://www.alabamawx.com/?p=6757
http://www.alabamawx.com/?p=6757
Chris Strahan
EF2
my information had already been posted. forgive my repeat information
Karen Politte
EF5
Whoah whoah whoah - yes he does. He is one of their ex-tour guides, right? Or did I just imagine the past few pages of tinder, uh - posts?
Anyways - it's not like it really matters or has any significance - but let's just say it - the guy who was arrested for chasing yesterday has connections in the past to the biggest chasing tour company out there. OK. I feel better now that's out in the open. I don't think that SLT could have done anything about the fact that one of their archived tour guides pages happens to have a bio and mugshot of this Brian guy. They obviously keep that information on there for posterity...or something. If they don't want this sort of thing happening - then maybe SLT need to do some webpage housekeeping.
Aaaanyway - regardless of who is right or wrong in this case, if an officer tells me to do something (within the bounds of the law), then I will do it - no questions asked.
KP
Brian Emfinger
EF4
I am not sure what Brian could have done. Would I have moved if he told me to? Absolutely. BUT I would probably only travel a couple miles or less before I pulled over again. In this case I have a feeling that if he did that he may have ended up in the same place except the officer would have been even more PO'd. From what Brian and the newspaper guy both say... I just doubt the officer would have afforded Brian another opportunity to vacate his location if the officer had indeed stumbled upon him a second time.
Benjamin Smith
EF1
I have one philosophy when it comes to law enforcement.
Never there when you need them...always there when you don't.
This officer was completely out of line, and I hope he gets reprimanded for this incident. Brian was obviously helping the public and that is something he doesn't HAVE to do. This officers job is to help the public, and instead of doing his job, he decided to let his hot head get the best of him.
If it turns out that Brian was not obstructing the road, this cop should be fired. That officer could have been out helping people in need instead of harassing good samaritans.
Never there when you need them...always there when you don't.
This officer was completely out of line, and I hope he gets reprimanded for this incident. Brian was obviously helping the public and that is something he doesn't HAVE to do. This officers job is to help the public, and instead of doing his job, he decided to let his hot head get the best of him.
If it turns out that Brian was not obstructing the road, this cop should be fired. That officer could have been out helping people in need instead of harassing good samaritans.
Shane Adams
IMO the area this cop patrols simply needs to post signs along all roads: IT IS ILLEGAL TO BE HERE
Seems that would solve all issues.
Seems that would solve all issues.
J Kinkaid
Is there a stormtrack get out of jail and legal fee paypal donation button ?
Brian Emfinger
EF4
its on drudgereport - middle left side
Adam Lucio
EF5
Sorry I meant to say NOW has nothing to do with SLT...it was late [or should I say early] when I posted that.
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Steve Miller TX
EF3
This just in...video of the deputy in a previous incident when he used to work for the Southpark, CO Police Department.....
http://youtube.com/watch?v=Ea7DnYYXPGg
http://youtube.com/watch?v=Ea7DnYYXPGg
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