Elephant Butte ranger sentenced to probation

Park ranger Clyde Woods has been sentenced to 5 years probation and 1 year house arrest for fatally shooting an unarmed belligerent camper who refused to pay his camping fee. Details about the shooting can be found in the post: The Incident at Elephant Butte Lake.

New Mexico park ranger gets five years probation in shooting death (Albuquerque Tribune)

A former New Mexico State Parks ranger has been sentenced to five years' probation and one year of house arrest in the fatal shooting of a man in a dispute over a campsite fee at Elephant Butte State Park.

State District Judge Kevin Sweazea on Wednesday ordered Clyde Woods to wear an electronic ankle monitoring bracelet for a year before serving probation.

Woods pleaded guilty in March to voluntary manslaughter in the August 2005 death of Bruce Teschner, 58. Teschner - who according to testimony was drunk and had a history of mental illness - refused to pay a $14-a-night camping fee and refused to leave the park.

Woods said he acted in self-defense. He said Teschner turned and made a motion as if he were pulling a weapon. Witnesses said Teschner was running away when he was shot.

State Police said at the time that the camper resisted arrest and was moving away from Woods, apparently keeping his hands in his pockets, when the fatal shots were fired.

Teschner was shot twice in the back of the neck, authorities said.

Special Prosecutor Scot Key had sought the maximum punishment for Woods, seven years behind bars. But defense attorney Gary Mitchell asked Sweazea to give Woods probation.

Before the sentencing, clinical psychologist Eric Westfried testified for the defense that Woods poses no threat to the community. He also told the court that a more thorough psychological evaluation before Woods was admitted to the police academy might have found him an unsuitable candidate for law enforcement.

The victim's brother, Charles Teschner, testified that arthritis forced his brother to give up his jewelry-making business, and he had been given a diagnosis of depression and put on medication. He said his brother was "obviously self-medicating with alcohol" in the last months of his life.

He told the judge that he believed Woods had to know that his brother was unarmed.

Several community members told the judge that Woods was a dedicated father, an avid community volunteer and an asset to his hometown.

Woods apologized to Teschner's family for taking the man's life but said he did the best he could with what he had the evening he was called to Teschner's campsite.

"I'm sorry for what happened," Woods said as he sobbed and looked briefly at Teschner's family.

The Robo Ranger of Griffith Park

I received the following comment on my first story about the John Stolpe trial (which turned out to be the Douglas Kilpatrick trial):

Anonymous said...

Doug Kilpatrick aka "Uniform man"

has a very long history of extreme abuse of park visitors. He Really enjoys his job, to much apparently.

Popular LA Times Columnist Steve Lopez documented a short list of the abuse of park visitors received from this public servant.

See LA TIMES Column "The Robo Ranger of Griffith Park" published Aug. 31 2001.

Nine Citizen complaints in less than 3 years! Sheesh! Makes the meanest baddest cops envious.

I don't know Doug Kilpatrick or his history. So I took the anonymous commenter’s advice and donated $3.95 to the LA Times to read Steve Lopez's column about Douglas Kirpatrick. First of all, Lopez is a columnist, not a reporter. He is paid to add spice and controversy to get people to buy newspapers. In his Kirpatrick column, he spoke with six people who were contacted or cited by Kirpatrick for breaking the law.

Peter Aiello stopped for riding a bike in a prohibited area was taken to the ground after refusing to identify himself and comply to orders of a law enforcement officer. Kilpatrick also pepper sprayed Aiello after he attempted to escape.

Darrell Jones was contacted by Kilpatrick for playing his car stereo too loud. Kilpatrick noticed that Jones was consuming beer from a cup. Jones claims it was non-alcoholic beer. That makes total sense to me, because if you drink non-alcoholic beer directly from the bottle, it ruins the taste. Near beer needs to breathe. Lopez fails to tell us if Jones was even cited by Kilpatrick.

Peter Rhodes was cited by Kilpatrick for riding his bike on a trial closed to bikes. Rhodes claims he wasn’t riding on that trail and challenged the citation in court and lost. Rhodes filed a complaint with the parks department and Kilpatrick was cleared of any wrong doing.

Amilcar Barquero, according to Lopez was doing nothing more than attending a birthday party when Kilpatrick came around “to inspect an ice chest and sniff cups.” Lopez states that Kilpatrick threw Barquero to the ground, hand cuffed him, and took him to jail, merely for stating, “Nobody's doing anything wrong." My guess is that people were illegally consuming alcohol and Barquero refused to comply with Kilpatrick in some way. I don’t know, however, because Lopez doesn’t tell us why Barquero was arrested.

Pasadenan Stephen Schweitzer refused to empty a cup before a “tailgate session” before a concert at the park. Once again, we don’t know if Schweitzer was cited or arrested or just told to empty his cup because Lopez purposefully left that info out. I am sure Schweitzer was merely enjoying an ice cold Coca-cola before the concert, not consuming alcohol.

Lopez mentions that Roderick Greaves got into a “scuffle” with Kilpatrick while sitting in a car with his friend. Kilpatrick arrested Greaves for assault on a peace officer and resisting arrest. Last I knew, a scuffle is a fight and if you get into a fight with a cop, then you are going to be arrested.

When this column ran in 2001, Greaves case was going to trial and Lopez promised to be in the front row at act as “Witness for the people.” Yet in the six years since Lopez wrote his column, he has yet to write another word about Kilpatrick. Should we be surprised that Lopez never did a follow up story? I guess it wasn’t sensational enough for Lopez to cover.

Notice that only one of these complainants claimed to be innocent (and that one had his day in court and lost). I suspect that most of these people had a problem with Kilpatrick because they didn’t respect his authority to enforce the law.

Park rangers are constantly challenged by law breakers on their authority. I have had people tell me, “You’re not a real cop. Why don’t you quit bothering us.” Then they try to walk away and ignore my commands. When this happens, a park ranger has to assert his authority, which can sometimes mean gaining compliance through physical contact. If it is a park ranger’s job to enforce the law, then they need to enforce the law even with people who openly refuse to obey it.

Ranger vs. Cop: Cop Wins

In the case of the aggressive park ranger vs. the cop engaging in gay sex in a public park, it looks like the jury has sided with the cruising cop, John Stolpe. Defense attorney Robert Schwartz certainly earned his money on this case by convincing the attentive jury Stolpe's version of the incident could have happened despite the fact that it defied all logic. Schwartz did this by convincing the jury that the arresting officer, park ranger Douglas Kilpatrick was an overly agressive, "wanna-be cop" who would lie just to make an arrest and enjoyed beating on innocent victims.

Now I am not going to defend Ranger Kilpatrick just because he is a fellow park ranger. Some of Kilpatrick's actions definitely weakened this case. Kilpatrick's surveillance of the two men should have been better so that he could have positively identified the specific sexual activity that they were engaged in. This may have been difficult, however, considering the terrain and vegetation in the area. Additionally Kilpatrick should have verbally identified himself as a police officer upon initial contact and after Stolpe fled the scene. I doubt, however, that attorney Schwartz made these items key to Stolpe's defense.

What Kilpatrick did right, was use the force necessary to subdue a fleeing suspect, including pushing the suspect to the ground, using pepper spray and using an impact weapon (collapsible baton). These are the types of actions that attorney Schwartz focused on and was able to convince a jury that a park ranger should not be doing. I doubt Stolpe would have been acquitted if Kilpatrick had been a police officer instead of a park ranger.

I guess people just want park rangers to tell them all about the cute cuddly woodland creatures instead of enforcing laws and arresting criminals. What should a park ranger to do once all of the woodland creatures are scared away by hoards of horny men looking for sex?

Stolpe not guilty on all counts (Press-Telegram)

By Tracy Manzer
9/10/2007

HOLLYWOOD - A retired Long Beach police officer and 27-year veteran of the force was found not guilty Monday of exposing himself in public and resisting arrest.

The seven-woman, five-man jury agreed with the defense's argument that retired Long Beach Police Cpl. John Stolpe was falsely accused of lewd conduct by Los Angeles City Park Ranger Douglas Kilpatrick at Griffith Park on April 6, 2006.

As the court clerk read the not-guilty verdicts on both counts, Stolpe exhaled loudly and looked over at the jury, smiling and tapping his heart.

His wife, Assistant Long Beach City Attorney Sandra Stolpe, remained composed but her eyes grew red and seemed to mist with tears. When Stolpe turned to look at her and give her a smile, she smiled in return and put her hand up to her mouth looking as though she might cry.

"Sometimes you have to put your faith in the system," she said once the jury left the courtroom.

"That's hard to do when you're a cop," Stolpe quipped just a few moments later.

Throughout the trial, defense attorney Robert Schwartz focused on destroying the arresting ranger's credibility, calling witnesses that depicted Kilpatrick as irrational and a man who frequently abused
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his authority whenever questioned.

"As I said in my closing argument, Officer Kilpatrick is not a credible witness," Schwartz said outside of the courtroom Monday afternoon. "What we presented in court is just the tip of the iceberg."

Prosecutor Yong Sohn tried to paint Stolpe as a man living a double life: on one hand, the defendant was a well-known and highly decorated officer, loving father and husband with political aspirations, but was also driven to extreme risks to fulfill a carnal urge.

The former mayoral candidate, who was arrested about five days prior to the 2006 election, vehemently denied those claims on and off the stand.

Exchanges between Stolpe and Sohn grew heated in a verbal battle over two days.

Sohn argued that Stolpe ran from authorities and lied about his job as a police officer because he knew it would destroy his career, his marriage, his election dreams and, ultimately, his life.

The 51-year-old - who retired not long after his arrest and about two years shy of his full pension - scoffed at Sohn's claims.

Stolpe said it was too soon to know whether he was going to pursue a civil suit for malicious prosecution.

"It's about time that someone took this guy to the mat," he said, referring to Kilpatrick, adding that several people had thanked him for standing up to the ranger.

Conditions in Judge Leslie Swain's courtroom were tough at times due to a faulty air conditioner that resulted in high temperatures and no air flow during the recent heat wave.

A number of jurors on the case looked pained, except for one man who dozed frequently during testimony and another woman who sat expressionless during every moment of the six-day trial.

On the first and only day of deliberations, they convened promptly at 9 a.m. and, except for lunch, declined any breaks. They were had their verdict by 4 p.m.

Stolpe told the jury he was hiking in a canyon in the park near Zoo Drive when he came upon two men in a clearing just off the trail who were fondling one another.

Stolpe testified that he told the men to stop and that one of the men pulled up his pants and ran but the other stayed put, looking irritated.

It was while he politely chastised that man that came upon the pair and accused both of lewd conduct, he told the jury.

Kilpatrick testified he could not see much through thick brush surrounding the clearing, but that he saw the buttocks of one man - who he identified as Stolpe - and could see another man standing directly in front of him.

The ranger said he ordered both men to stop and sit down. Stolpe, he said, made a run for it and pushed the ranger out of his way as he tried to flee down the rocky and narrow path.

Kilpatrick told the jury that in his haste, Stolpe lost his footing and fell a couple of times. The ranger said he also tried to keep Stolpe down with his foot, used pepper spray on him and hit him once in the arm with his collapsible baton.

The weapons had no effect on the defendant, who was about Kilpatrick's height but about 50 to 70 pounds heavier, and Stolpe eventually fled up into the hillside, forcing Kilpatrick to call for backup.

About half a dozen rangers and public safety officers as well as the Los Angeles Police Department's helicopter unit responded.

Stolpe was found within about 15 minutes and never identified himself as a police officer or told anyone that he had caught the real culprits, authorities testified.

One officer said the defendant lied and told him he was unemployed, which Stolpe confirmed on the stand. Stolpe also confirmed officers' testimony that he claimed he was dropped off at the park. The defendant explained that he didn't want his car impounded or the officers to find his gun, badge and other property.

Stolpe never identified himself as a fellow officer because it wouldn't have done any good, he testified, and because he knew they would eventually find out after he gave them his name and driver's license number.

Stolpe also testified that Kilpatrick told him to head to the street and when he brushed up against Kilpatrick on the narrow path that he was shoved.

Stolpe said he also picked up a little speed as he headed down the steep trail.

That is when Kilpatrick pushed him face-down the ravine, Stolpe testified, knocking the defendant about 8 feet down a ditch. Stolpe said he was pushed again, stomped on by the ranger, pepper-sprayed twice and hit about three times with the baton.

The defendant said he chose to flee and hide so that he could wait for other officers to arrive. He figured that Kilpatrick would be less likely to continue beating him if there were witnesses, Stolpe testified.

Testimony in the six-day trial focused as much, if not more so, on Kilpatrick as it did on the defendant.

Schwartz argued his client was a well-respected police officer who had worked some of the most dangerous and highly sought assignments in the Long Beach Police Department and who was known for his professionalism. Kilpatrick, Schwartz said, had an authority complex and a history of false accusations.

"(Kilpatrick) was described by the prosecutor ... as an officer who goes by the book," Schwartz said. "I think it would be more accurate to say he writes his own book."

To bolster his claims, the defense lawyer called two Los Angeles men to testify about their experiences with Kilpatrick.

The men cited by Kilpatrick testified that they were stopped by Kilpatrick on numerous occasions, detained and eventually arrested on minor charges such as drinking in public and riding a bicycle in a prohibited area of the park.

Both men testified Kilpatrick had wrongly accused them and lied on citations he issued them. Both said it was their questioning of Kilpatrick that led the ranger to fly into a rage and abuse his authority. A third man, who witnessed several of the confrontations, also testified.

Kilpatrick told the jury that both men were detained when they became belligerent. One was taken into a local jail to be cited because he didn't have any identification, while the other was arrested after he lost control and began fighting with the ranger, Kilpatrick said.

At one point, the ranger testified that he found red or purple residue in a cup one of the men had, and that it appeared to be wine or a mixed drink, prompting him to cite and arrest the man for drinking in public.

Schwartz showed Kilpatrick the ticket he had issued and where the ranger had written down that the cup contained beer.

"He's a frustrated cop is what he is," Stolpe said. "He's a wanna-be cop and he should be sticking to being a park ranger."

Kilpatrick ended up testifying over three days of the trial, more than any other witness, and was grilled extensively.

Sohn noted as much, pointing out to the jury that Schwartz's lengthy closing argument was devoted almost entirely to destroying Kilpatrick's credibility.

Schwartz told the jury the case clearly came down to the two officers and which man was more believable. The witnesses that testified against Kilpatrick undoubtedly planted that crucial seed of doubt in the jurors' minds about the ranger's credibility, Schwartz said after the trial.

"We see this as a vindication and an exoneration of John Stolpe," Schwartz said.

A prosecutor from the Los Angeles City Attorney's office called to fill in for Sohn on Monday declined to comment.

Park Ranger vs. Cop: The John Stolpe Trial

It looks like its not just senators that are getting caught with their pants down in public. Long Beach police officer and Mayoral candidate John Stolpe was arrested in April 2006 by a park ranger for engaging in cruising activities and resisting arrest in Los Angeles' Griffith Park. Stolpe maintains he is innocent and the victim of mistaken identity and police brutality by a rogue park ranger.

Officer Stolpe's testimony proves to be quite entertaining as he explains what he was doing in the park with a half naked man and why he fled the scene when an unarmed park ranger attempted to arrest him (Jump to the bottom if you want to see the Ranger Gord's Condensed Version of Stolpe's Story).

Stolpe Trial: Day #1 & 2

Character witnesses speak in Stolpe trial (Press Telegram)

Police officer, deputy city prosecutor support defendant.

By Tracy Manzer, Staff writer

09/04/2007

HOLLYWOOD - A string of character witnesses were called to testify about the integrity of two peace officers Tuesday: one a former Long Beach police officer charged with exposing himself at a park, the other a park ranger who allegedly caught the defendant in the act.

It marked the second day of trial, and the first day of the defense's case, for former Long Beach mayoral candidate and Police Cpl. John Stolpe, who has pleaded not guilty to a charge of public nudity and resisting arrest during an incident at Griffith Park in April 2006.

Deputy City Prosecutor Yong W. Sohn argued during his opening statements Friday that the 50-year-old defendant was found, with his pants down, with another man in a clearing at the park and that the former officer suffered scrapes and bruises when he fought capture.

Defense Attorney Robert Schwartz argued Friday that Stolpe was wrongly identified as a suspect by L.A. Park Ranger Douglas Kilpatrick, whom he said is quick-tempered and has a history of false accusations.

Stolpe, then an active-duty officer, saw two other men fondling each other near a hiking trail and he walked over to them to tell them what they were doing was wrong when the ranger came upon the scene, Schwartz argued. A scuffle and foot pursuit followed, prosecutors allege, and Stolpe was eventually arrested and charged.

Stolpe has maintained his innocence, arguing that he was the victim of an overzealous park ranger who misunderstood the situation and used excessive force to apprehend him.

Called to testify Tuesday on behalf of Stolpe and detail his 27 years on the force were a retired deputy city prosecutor and a retired police officer, both of whom worked for Long Beach.

John Fentis said he knew Stolpe well in a professional capacity - and worked for many years with Stolpe's wife, Deputy City Prosector Sandra Stolpe - and successfully prosecuted hundreds of environmental hazard cases stemming from trucks coming into and out of the Ports of Long Beach and L.A., thanks to Stolpe's professional demeanor and trustworthy character.

Former Officer Robert McDonnell, who retired in October after 26 years on the force, testified he and Stolpe became friends in junior high in Inglewood.

"I consider John like a brother," he said.

McDonnell said Stolpe was a model officer. Stolpe's honesty, integrity, intelligence and hard work saw him chosen for some of the top jobs and earned him several honors, McDonnell testified.

"Most of the time John had the ability to talk them into being handcuffed," McDonnell said, recalling that Stolpe never fired his service weapon in the line of duty.

Stolpe also had an uncanny ability for undercover police work, he said.

"You had to be a crook or someone like one," McDonnell said when describing undercover assignments. "John was one of the best officers I've seen do that type of work."

Also called to testify on behalf of the defense was John Cox, a 43-year-old who lives near Griffith Park. Cox spoke for more than an hour about his negative experiences with Kilpatrick, who stopped him on three different occasions on suspicion of public drinking.

During the first incident, in 2004, Cox said he and a group of friends were drinking at the park and were correctly cited by Kilpatrick.

But in two other run-ins with the ranger, in May 2005 and November 2005, he insisted Kilpatrick falsely accused him of having an open container of alcohol when he had not been drinking and had no alcohol or alcoholic beverages, seeming to bolster the defense's claims that Kilpatrick is not a credible witness.

During the second incident, Cox was handcuffed after he calmly protested the citation, he testified.

Within a few minutes, Kilpatrick let him out of the handcuffs and gave him another ticket once he stopped talking, he said.

In the third incident, Kilpatrick kept him in a holding cell at a nearby police station for about an hour before letting him go with another ticket, he testified.

Had it not been for a bad joke, Cox testified, Kilpatrick might not have cited him at all the third time. The ranger, he said, was preparing to walk away when Cox told him that he had joked to his buddy, "here comes that ranger from hell."

"Within a couple of seconds he turned beet red and put the handcuffs on me," Cox testified.

At least one of the tickets was dismissed by a prosecutor after Cox appeared in court and explained the situation to the attorney, Cox testified.

During his cross-examination, Sohn asked Cox if he knew that drinking in public is grounds for arrest and that the ranger could have arrested him on every occasion.

The trio of defense witnesses followed a string of park rangers and police officers called by Sohn.

They, like Kilpatrick, testified that Stolpe at no time identified himself as a police officer once he was eventually found following a search of a steep canyon.

"He told me he was unemployed," Ranger Peter Steur testified Tuesday.

The other officers and rangers testified Tuesday they found Stolpe on the eastside of Zoo Drive, after breaking off into two directions to search the rough terrain.

About half a dozen officers and rangers, including Steur, responded to Kilpatrick's call for help. A police helicopter was also used.

They said they found no identification on Stolpe and did not learn he was an officer until later that evening while running his name during the booking process at the Parker Center Detention Center in downtown L.A.

Kilpatrick returned to testify Tuesday about a series of photos he took of Stolpe the afternoon of the arrest that showed scrapes and cuts on his knees, legs and elbow as well as pictures of the area, taken about a week after the incident.

The photos showed thick vegetation in spots. The brush was so thick, according to L.A. Public Safety Officer Victor Carrasco, that officers in the helicopter could not see Stolpe.

Carrasco said they eventually flushed Stolpe out of the brush with a ruse.

"My partner started to yell, `We're going to send in the dogs,"' Carrasco said.

Moments later Stolpe came out, he testified.

The trial continues today.

Stolpe Trial: Day #3

Stolpe says he fled ranger for survival (Press-Telegram)
Stolpe says he fled ranger for survival.
Ex-police officer denies sex acts, exposure in Griffith Park.

By Tracy Manzer, Staff writer

09/05/2007

HOLLYWOOD - A former police officer on trial for exposing himself in public and resisting arrest described his flight from a park ranger as a fight for survival with a maniac.

Retired Cpl. John Stolpe was called as the final defense witness in his case Wednesday afternoon at Hollywood Superior Court and vehemently denied he was ever exposed or engaged in any sex acts while hiking in Griffith Park on April 6, 2006.

The former Long Beach mayoral candidate, who was arrested about five days before the 2006 election, also denied saying his "life was over" while running past Los Angeles Park Ranger Douglas Kilpatrick, which others have testified to in the trial.

But Stolpe did admit he lied to authorities when asked about the location of his car and when he told an officer that he was unemployed.

"I said I was dropped off," Stolpe testified. "I didn't want them rifling through (the car), they'd find my badge, they'd find my gun."

The 51-year-old was arrested for lewd conduct and resisting arrest by Kilpatrick.

Kilpatrick told the court he found Stolpe - with his pants down - and another man fondling themselves in a clearing in one of the park's canyons near Zoo Drive.

Kilpatrick said Stolpe ran past him after he ordered Stolpe and the other man to stop what they were doing and sit down. According to Kilpatrick, Stolpe brushed past him as he ran down a steep foot trail, lost his balance and fell.

Kilpatrick said he used pepper spray and his baton an in effort to stop Stolpe, but the defendant eventually fled into the brush and out of sight.

Stolpe was arrested after public safety officers, park rangers and the L.A. Police Department's helicopter unit searched the canyon, according to Kilpatrick and other authorities called to testify by Deputy City Attorney Yong W. Sohn.

Stolpe testified Wednesday that he had hiked through the canyon for about an hour and was on his way back to his car when he saw two men in an alcove in a clearing below him.

"Both of them were standing there with their penises out," Stolpe recalled.

After making a comment about taking it somewhere else, Stolpe testified, one of the men pulled up his pants, waved apologetically, then took off. The other man zipped up but stayed put, appearing irritated with the interruption, Stolpe said.

It was while he was "politely chastising" that man, Stolpe said, that he heard something in the brush and figured it was the first man coming back. It turned out to be the ranger, who was wearing a uniform but was not armed with a gun and did not identify himself, Stolpe testified.

"He says, `lewd conduct, head toward the street,"' Stolpe recalled.

Stolpe said the path, which he estimated to be about a foot wide and running up a steep hill, was too narrow for anyone to pass a person. He didn't mean to touch the ranger, but most likely did brush up against Kilpatrick, Stolpe testified.

As Stolpe moved down the steep path, he was forced to pick up speed but planned to slow down, he testified.

When he passed Kilpatrick, he said, the ranger shoved him from behind, causing him to fall down.

Stolpe said the ranger pushed him down three times, knocking him into ditches, kicked him while he was down, pepper-sprayed him twice and struck him with a collapsible baton on the elbow, side and back.

The defendant's voice grew louder as he recalled the incident and soundly criticized Kilpatrick's actions. At one point, Stolpe used a white handkerchief to wipe sweat off his brow.

Stolpe frequently referred to photographs that showed the area where the incident occurred and were taken a couple of days after his arrest with the help of his wife, who works in the Long Beach City Prosecutor's office, and his nephew, a harbor patrol sergeant assigned to the Port of Long Beach.

Stolpe compared the brish to a "South American jungle" and insisted there was no way Kilpatrick could have seen what he claimed in such dense foliage.

Stolpe also told the jury his injuries could only have been caused by being struck by a baton and shoved to the ground, not by falling.

Stolpe said he and Kilpatrick eventually ended up at the bottom of a ravine, where "the beating" stopped.

His eyes were blurry from the pepper spray and he was disoriented from having the wind knocked out of him, Stolpe said. Not knowing what to expect next, he testified, he decided to make a run up the hillside in the hope that other officers called in for backup would find him and he would be safe from Kilpatrick.

He said it was survival instinct that got him stumbling up the hillside and insisted anyone in his situation would have done the same.

"I went up this mountainside to get away from this maniac," Stolpe said, his voice booming.

He said it felt like an eternity before he heard the helicopter and saw some other men in uniforms with guns, which he assumed to be police officers.

"I'm coming out now because there's going to be more witnesses to the arrest and I'm not going (to get another) beating," Stolpe said.

Defense Attorney Robert Schwartz called several witnesses over the past two days to testify on Stolpe's character as well as Kilpatrick's, seeking to establish the defendant as a respected police officer known for his integrity, while the park ranger is hot-tempered and has a history of false accusations.

Fellow officers testifying on Stolpe's behalf were questioned at length about use of force and apprehension tactics, but all stopped short of saying Kilpatrick erred that day.

Stolpe was the only one to directly criticize Kilpatrick's technique, for not identifying himself and for not using certain restraints.

During the prosecutor's cross-examination of one defense witnesses, Sohn asked a Long Beach police officer what he would do if that officer were faced with a suspect that was his height, but 50 to 70 pounds heavier, and the officer had no gun and no working radio because of the park's deep canyons - the same situation Kilpatrick faced on Aug. 6.

"It just depends on the situation," said Officer William Swain, who worked with Stolpe.

Swain testified Stolpe was extremely honest in his work and loved serving the public. He said he thought if Stolpe could have become a council member or mayor, he would have preferred that to police work.

The prosecutor will resume cross-examination today.

Stolpe Trial: Day #4

Stolpe grilled on park actions (Press-Telegram)

Defendant in exposure case asked why he didn't say he was a police officer.

By Tracy Manzer, Staff writer

09/06/2007

HOLLYWOOD - A former Long Beach police officer charged with exposing himself in public with another man and resisting arrest in Griffith Park was grilled extensively by a prosecutor Thursday.

The one question Assistant City Attorney Yong Sohn kept returning to was why did retired Officer and defendant John Stolpe, 51, never tell a Los Angeles city park ranger that Stolpe was a police officer, and not the suspect, as he claimed in his defense.

"Did you tell him you were a cop at that point?" Sohn asked Stolpe in his cross-examination at the Hollywood Superior Courthouse.

"No," Stolpe shot back. "What good does that do?"

The prosecution, and the arresting park ranger, contend the retired LBPD corporal was caught, with his pants down, with another man and they were masturbating in a clearing on April 6, 2006.

Ranger Douglas Kilpatrick testified that he ordered the two men to stop and sit down, but that Stolpe ran past the ranger, pushing him aside. He said the Long Beach mayoral candidate, who was arrested about five days before Election Day, tried to flee down a steep and rocky path and lost his balance.

Kilpatrick told the court he used his baton once, hitting Stolpe in the arm, and pepper-sprayed him, but Kilpatrick said Stolpe continued to flee and hid in some brush. Stolpe was found after a search.

Stolpe has vigorously denied those allegations, saying he came across two men who were exposed and engaged in a sex act.

Stolpe said he told the men to stop and one man ran, but the other stayed. It was while he was chastising that man, he testified, that Kilpatrick came upon them and wrongly identified Stolpe as the other culprit.

Stolpe said he didn't lose his balance and didn't run, but was shoved and knocked down by an overzealous Kilpatrick. He said the ranger pushed him three times, knocking him down steep embankments face first. The ranger also struck Stolpe three times with his baton, stomped him with his boot while he was down and pepper-sprayed him twice, Stolpe testified.

The prosecutor repeatedly asked Stolpe if he heard the ranger giving him orders to stay where he was. Stolpe said no.

The former officer, who retired after his arrest, said he was so disoriented that he had no idea what was going on.

Authorities, including Kilpatrick, testified Stolpe never told them he was an officer or that he had caught the real perpetrators. One officer testified that Stolpe told him he was unemployed.

Stolpe admitted Wednesday he told the officer he was unemployed.

Stolpe also testified that he told the officers and rangers that he didn't have a car at the park.

When Sohn asked Stolpe why he lied about the car, he defendant bristled.

"I didn't lie about it, I just didn't want them to know about the car."

Sohn then questioned Stolpe why, if he feared for his life - as he had previously testified - would he care about the car.

"Your concern is your job was over, your concern is your life is over," Sohn insisted.

"No, no," Stolpe said.

Sohn then referred to the mayor's race and that Stolpe was also worried about his political career.

"My race for mayor was done way before I got arrested, pal," Stolpe snapped.

It was one of several heated exchanges between the attorney and defendant Thursday.

The combative tone was set almost immediately when Sohn began by asking Stolpe about his testimony from Wednesday, when he described seeing the two men.

"You saw the penises, or is it penii?" the prosecutor asked Stolpe, who glared at Sohn before Sohn finished with, "You said you saw their penises ..."

The prosecutor also asked Stolpe if had seen a lot of such behavior as a police officer.

"I've seen people having sex ... in public ... in the city of Long Beach and throughout Los Angeles County," he said, adding that it is not terribly uncommon.

Sohn wasn't the only one to dig into a witness Thursday.

Robert Schwartz, Stolpe's attorney, ripped into Kilpatrick after the prosecutor brought the ranger back as a rebuttal witness.

Sohn asked Kilpatrick to talk about two men called by the defense as character witnesses.

Both testified that they had come across Kilpatrick several times over the years at the park and said he falsely accused them of misdemeanor crimes such as drinking in public and riding a bicycle in an unauthorized zone.

Each of the men was cited several times by Kilpatrick and both were arrested on at least one occasion. They both painted him as quick to anger and said he used unneccesary force with them.

Kilpatrick testified that both men had become belligerent when he approached them, prompting him to use physical force, including handcuffs, and pulling one man off his bike.

At one point, Schwartz had Kilpatrick recall a moment with one of the men where the ranger said the man had dumped a cup that left a puddle on the ground. The ranger testified that he remembered the liquid was a purple color and thought it was either wine or a mixed drink.

On the citation, Kilpatrick wrote the cup had contained beer.

"Does beer look purple to you?" Schwartz demanded.

"No," Kilpatrick said, adding that he had written the ticket three years ago and "obviously, I was wrong."

Sohn also asked to play a tape recording of part of Stolpe's arrest taken by Kilpatrick.

The prosecutor wanted to play the tape so the jury could hear Stolpe saying the only thing that hurt after the ordeal were his knees.

Both sides will return today for closing arguments.

Ranger Gord's Condensed Version of Stolpe's Story
While Stolpe was out on a hike he saw two men masturbating. Stolpe told the men that they shouldn't be masturbating in public and one man zipped up and left. The other man zipped up listened to Stolpe lecture him on proper behavior when out in public. Suddenly, some guy wearing a uniform with a badge and carrying a radio, baton, and pepper spray jumped out of the dense brush and said "lewd conduct, head toward the street." After noticing that he was not wearing a gun, Stolpe decided that this man was not a police officer. Stolpe figured that it would be pointless to tell this uniform man that he is a police officer who had just stopped some men from masterbating in public. Stolpe started walking down the trail towards the uniform man, but the trail was so steep Stolpe was unable to controll his speed and accidently ran past him. The crazed uniform man then pushed Stolpe to the ground and pepper sprayed him. Stolpe, scared for his life, tried to get up and run away, but the crazed uniform man pushed him down again, hit him with a police baton, and sprayed more pepper spray. Stolpe tried to get up again, but uniform man knocked him to the ground, hit him with the baton and then stomped on him. After all this, Stolpes somehow escaped from the uniform man by running up a hill and hiding in the brush. After a long time, Stolpe heard a helicopter and the sounds of people searching the park. Stolpes may have thought that the masterbater had called the police to report that a crazed uniform man was attacking hikers in the park. Stolpes noticed that some of the searchers were wearing guns. At this point, Stolpes may have realized that these people were police officers, just like they have back at Stolpes job in Long Beach. At some point Stolpes must have decided that the uniform man was some sort of police officer that was trying to arrest him for some unknown reason. Stolpes announced, "I'm coming out now because there's going to be more witnesses to the arrest and I'm not going (to get another) beating." Stolpes then came out and surrendered to the people dressed like police officers. Stolpes may not have been completely convinced that these were real police, because he decides he should not reveal that he is a police officer and that he has a car parked in the park. Perhaps he thought that if they found out he was a police officer that had a car, then they could steal his gun and badge and then they could give it to the uniform man so that he would look like a police officer.

It seems like perfectly logical story to me.

Stay tuned for the exciting conclusion.

The Incident at Elephant Butte Lake

In my last post, we saw what happened when a park ranger underestimated the threat when making a law enforcement contact...he lost his life. This is often in the back of a park ranger's mind when dealing with an uncooperative suspect.

The Incident at Elephant Butte Lake
On Tuesday, August 23, 2005 Clyde Woods was the only ranger on duty at Elephant Butte Lake State Park, the most popular recreation area in New Mexico, located 150 miles south of Albuquerque. At approximately 8:00 p.m. the volunteer camp hosts notified Woods that the camper in site #84 was rude and belligerent when they asked him to pay the required $14 camping fee. They stated that he refused to pay and shoved something at them when they notified him that they would have to call law enforcement. Ranger Woods contacted the rude camper, Bruce Teschner, a 58 year old former jewelry maker, at his campsite. Woods stated that Teschner responded to him with a "lack of respect" and "negative attitude." Woods notified Teschner that he would have to either pay the camping fee or leave the park. Teschner refused to do either, so Woods told him that he was placing him under arrest. Woods placed Teschner prone on the ground, a standard practice when arresting an uncooperative subject without backup. Teschner, wearing only shorts and sandals, resisted and got up from the ground. Teschner began moving away from Woods with his hands near his pockets. Woods continued to give Teschner verbal commands, but Teschner refused to comply. A couple in a campsite nearby describe what happened next:

Butte Victim Was 'Belligerent' (Albuquerque Journal)
The couple said they heard someone twice yell, "Get on your knees!" and also heard someone say, "Get off of me!" before a series of quick gunshots. But they said they did not know who was doing the yelling or if the same person gave both orders.

In an instant, Ranger Woods had shot Teschner twice in the back. Bruce Teschner died at the scene.

Ranger Woods was immediately place on paid administrative leave from his $26,000 a year position while the shooting was investigated. On December 12, 2005, Ranger Woods was arrested and charged with murder in the second degree. Three months later, a judge reduced the charge to involuntary manslaughter. A week ago Friday, District Attorney Scot Key announced that they would change the charge against Woods to voluntary manslaughter.

Ex-Ranger Gets Reduced Charge In Butte Slaying (Albuquerque Journal)
The involuntary manslaughter charge indicated Woods acted with gross negligence but without malice or the intent to kill. The voluntary manslaughter charge indicates Woods killed Teschner by acting in the heat of passion.

The Commentary
Was this a case of an over-zealous ranger angered by a park visitor's lack of respect and refusal to comply to the rules or was it a case of a young, in-experienced ranger who got into a tense and stressful situation and made the wrong split-second decision.

Michael Morris of MountainMailCountry.com would have you believe that Ranger Woods is a cold blooded killer that would shoot anyone who disagreed with him.

Christmas comes early for killer cop (MountainMailCountry.com)
It is not every day a man can coldly pump 2 shots into the back of an unarmed man and walk away facing fewer consequences than a fellow who wrote 2 bad checks.

Morris continues with an absurd description of the incident in which he belittles Ranger Woods' for even attempting to enforce the law.

Clyde Woods was not your typical cop. In fact, absent the shoddy management of the state parks, Woods would never have had police duties or powers. Clyde Woods was more of a nature guide with a gun. On the night of the murder Woods was called to a state campground for a camper who had not paid the $14 camping fee. Woods, lacking the experience of an actual police officer but possessing a gun and a badge escalated the situation. Knowing that being a soft and somewhat weakly man he would be unable to take control of the situation of such a minor offense Woods tried the bully routine. When the victim was obviously not going to put up with the humiliation tactics employed by Woods the ranger became somewhat enraged. Instead of calling for some backup Woods decided he would simply attack the victim. Seeing no reason for the attack over a camping fee the victim fought back breaking the grasp of the underwhelming Clyde Woods. Woods, acting like he had Clyde Barrow in his sights again escalated the violence yelling for the victim not to walk away. When this failed Woods knew he was unable to subdue the non-payer with his hands. At that time park ranger Clyde Woods drew his weapon and shot his victim in the back twice as the victim walked back to his vehicle.

Morris is obviously unaware of what park rangers do and the kind of situations that they run into. Let's a detailed look at Morris' analysis of the incident.

Clyde Woods was not your typical cop.

Park rangers are not typical cops. They do not sit in a police cruiser 8 hours a day, five days a week thumping the heads of criminals. They work in remote areas without a partner and often without available backup. Ask any regular duty cop to work this kind of shift and not only will they tell you "no", they will say "Hell no!"

In fact, absent the shoddy management of the state parks, Woods would never have had police duties or powers.

I guess Morris' contention is that park rangers should not be law enforcement officers. Apparently he thinks that criminals don't go to parks. Perhaps Morris thinks bad guys can only be found in the ghettos. The fact is there is a lot of crime that occurs in our parks and there is rarely any law enforcement presence without park rangers.

Clyde Woods was more of a nature guide with a gun.

In order to become a New Mexico State Park Ranger you must have a bachelor's degree and successfully graduate from the New Mexico Law Enforcement Academy. This is the same academy that New Mexico State Police recruits must graduate from, yet the state police do not require any post-secondary degree. Perhaps a more accurate description would be, "Clyde Woods was more of a state police officer with a bachelor's degree."

On the night of the murder Woods was called to a state campground for a camper who had not paid the $14 camping fee. Woods, lacking the experience of an actual police officer but possessing a gun and a badge escalated the situation.

I guess it is acceptable in Morris' point of view for police officers to just look the other way when people violate the law if there is a chance that the suspect could refuse to cooperate and the situation escalate.

Knowing that being a soft and somewhat weakly man he would be unable to take control of the situation of such a minor offense Woods tried the bully routine. When the victim was obviously not going to put up with the humiliation tactics employed by Woods the ranger became somewhat enraged.

I do not know Ranger Woods nor have I ever met Ranger Woods and I speculate that neither has Morris. This statement is Morris' mere speculation with no evidence. I speculate the opposite to be true. Lets take a look at the facts. Woods had been hired as a park ranger in December of 2004. In order to obtain this position, he had to pass a fitness test. Additionally, after he was hired, he was sent to the state law enforcement academy which has a tremendous amount of rigorous fitness and defensive tactics training, so I doubt Woods was "soft and somewhat weakly." How can any rational person consider a police officer that demands a subject comply with the law as bullying or humiliation tactics? Ranger Woods gave Teschner two choices, pay or leave. He did not say, "Since you did not pay within 15 minutes of arriving at your campsite I am going to arrest you." That would be bullying. Park rangers quite often must deal with disrespectful individuals that refuse to comply with their orders because they are not seen as real cops. Could this kind of behavior cause Ranger Woods to become "enraged"? Possibly, but I highly doubt it.

Instead of calling for some backup Woods decided he would simply attack the victim. Seeing no reason for the attack over a camping fee the victim fought back breaking the grasp of the underwhelming Clyde Woods.

Why didn't Ranger Woods call for backup? Well he was the only ranger on duty, that means his backup would have to be provided from an outside agency. The nearest towns are Elephant Butte (population 1,500) and Truth or Consequences (population 7,000). I am fairly certain that Elephant Butte does not have a police force. Truth or Consequences has 14 police officers, but I doubt they are allowed to respond outside of the city limits. That leaves us with the State Police. Often in rural areas, it can take 30 minutes to several hours for state police to respond to an assistance call. While I do not know if this was the case in this incident, I would not be surprised. When a police officer is attempting to subdue a suspect that is resisting arrest, it can not be considered attacking a victim.

Woods, acting like he had Clyde Barrow in his sights again escalated the violence yelling for the victim not to walk away. When this failed Woods knew he was unable to subdue the non-payer with his hands. At that time park ranger Clyde Woods drew his weapon and shot his victim in the back twice as the victim walked back to his vehicle.

The fact is that Woods did not know who Teschner was and whether or not he was dangerous. As far as he knew Teschner could have been as dangerous as Clyde Barrow. When a suspect refuses to cooperate when given a simple order to comply or leave, it throws up all kinds of red flags for a police officer. Why won't this guy just leave? What is he trying to hide? Does he have warrants? Does he have weapons or something illegal he is trying to hide from me?

As it turns out, this was not unusual behavior for Teschner.

'Everybody Was Afraid of Him', Cops Sought Man Killed at Butte (Albuquerque Journal)
Truth or Consequences trailer court owner William Martin said some of his last words to departing tenant Bruce Teschner on Tuesday (August 23, 2005) were that someone was likely to shoot him. "Everybody here was pretty much afraid of him. And I was constantly watching him," said Martin, an owner of the Artesian Bath House and Trailer Court. He said Teschner hadn't paid for his month long stay at the court and pulled out early Tuesday evening after being asked to leave on Monday.

A Sierra County Sheriff's Department report said Teschner was arrested at a Williamsburg RV park on June 6 for disorderly conduct and resisting an officer. "I had to order him to kneel down several times to avoid a physical confrontation," the sheriff's sergeant wrote in his report. "At my (patrol vehicle), Bruce refused to get inside and I had to force him in."

A former girlfriend earlier this month filed a court restraining order against Teschner, claiming he was dangerous and "displayed extremely (erratic) behavior." And the very day he was killed, Truth or Consequences police obtained a misdemeanor arrest warrant for him after he allegedly harassed a teenage girl in hopes of getting her to pose for nude photographs.

We can only speculate what Woods may have been thinking. "I have a gun pointed at this guy and yet he is still going for the vehicle. What is in that vehicle that he wants so bad? A gun?" Unless you have been in this type of situation, it is difficult to understand how you would react. You have a split second to make a decision. Unfortunately in this situation, Woods made the wrong decision.

Former National Park Ranger Jim Stiles recalled a similar incident that he experienced:

Blood spills over $14 camping fee (High Country News)

I have my own story. One dark evening, when the Arches campground was full, a couple of young men tried to camp illegally in the picnic area. My first encounter with them was civil enough, and I told them they needed to leave. Twenty minutes later, paid campers complained that they had moved into their site. This time I was firmer, and their attitude was icier. A few minutes later, I could see their headlights creeping down the Salt Valley Road in search of an illegal campsite.

My self-righteous indignation has always been a quality I needed to work on, and on this evening it was in full bloom: How dare these jerks defy the order of a ranger! I found their vehicle tracks; it was 11 p.m., I was out of radio contact but determined to cite these violators. I walked into the darkness with my Maglite, my service revolver snapped firmly in its holster. A hundred yards down the dry wash, the illegal campers were already in their sleeping bags.

When I advised them loudly that they had to leave immediately and that I was giving them a federal citation, the two men came unglued, leaping up from their bags, screaming. They called me every unkind name imaginable, in such a hysterical manner that I wondered if I was about to lose control of a situation that was barely 30 seconds old. One was particularly rabid, and moved toward me in a threatening way.

I was scared to death. I took a step backward and placed my thumb on the keeper of my gun holster. The young man stopped, then screamed at me, "You take that gun out and you're a dead man!" We stared at each other for five long seconds.

I reflected on his words, and I decided that he was most likely right: If I took my gun from the holster, I'd be the one shot dead.

"OK," I said, taking a deep breath. "I'm going back to my patrol cruiser. I want both of you out of here in 30 minutes." I backed off slowly, turned and walked back to the road. Had they come running up behind me, I would never have heard them; the sound of my heart pounding in my ears was deafening.

I sat in my patrol car for 20 long minutes, shaken, but happy to have my body intact. Finally, incredibly, here they came, packed up and in their car. One of them had calmed appreciably, and I handed him the citation. He even thanked me. His friend, however, was still out of control, and kept slamming his fists into the ceiling of their vehicle.

Had I been a coward or a wise man? I decided that, for once, I'd been wise. I never again came close to a confrontation like this.

I don'’t know all the facts in the New Mexico shooting, but I would guess that fear and adrenaline and the rapid rush of events were among its causes.

The Lesson
What can park rangers learn from this unfortunate incident?

The only way you know how you will react in these stressful situations is with realistic situational training with your force tools. Practice escalating and de-escalating your force level to that which will gain compliance. Even though you have drawn your sidearm, you can always holster it and draw a baton or OC spray in order to gain compliance from an unarmed, uncooperative suspect.

Another option would be to defuse the situation by simply leaving the scene. Give the suspect a specific amount of time to comply with the law and leave. Once you are gone, he no longer has to prove to you that he is a bad ass (also known as "saving face"). The amount of time you give him should match the response time of your backup. You can then return to the scene with a show of force. I have seen hard core criminals instantly become calm and courteous when three squad cars arrive on scene.

Make sure you train realistically, so that it's the bad guy going to jail, not you.