NYPD Finds and Suspends Officer Pending Investigation that He Refused to Aid Dying Girl
After four days of searching, the NYPD identified and suspended the officer who allegedly refused to aid a girl having an asthma attack after her mother flagged the cop down on her way to the hospital, according to an article in The Wall Street Journal.
The incident occurred Friday evening as Carmen Ojeda rushed her daughter Briana to Long Island College Hospital after the 11-year-old girl suffered an asthma attack while playing at Carroll Gardens Park. The frantic mother accidently crashed her car and flagged down a New York Police Department officer on Henry Street in Brooklyn for help.
Michael Ojeda told The New York Times that his wife begged the cop to perform mouth to mouth, or Cardiopulmonary resuscitation (CPR), because Briana could not breathe.
The NYPD officer told her he did not know CPR. However, all NYPD officers undergo training in emergency first aid including CPR.
With the cop unable to assist her daughter, Mrs. Ojeda got back in her car and drove Briana to the hospital. The officer followed behind in his patrol car and then left them as soon as they reached hospital. Doctors pronounced Briana dead at the hospital a short time later.
Mrs. Ojeda began to tell Briana’s story to the news media, complaining about the NYPD officer’s lack of aid. However, she was unable to identify the cop when the police Internal Affairs showed her photos of every cop in the 76th Precinct where the incident occurred. People began to doubt her story or claim that it must have been a private security guard or a transit, housing or traffic or auxiliary officer instead of an NYPD officer, the New York Daily News reported. For days, Mrs. Ojeda begged the officer to come forward with an apology, but no one did.
On Tuesday, the NYPD Internal Affairs department finally tracked down the NYPD officer using an NYPD-issued gas card record, finding that Officer Alfonso Mendez, of the 84th Precinct, got gas in the 76th Precinct on his way to pick up another officer at the Brooklyn Bridge shortly before Mrs. Ojeda flagged him down. She identified him from a photo.
Mendez is now on unpaid suspension pending an investigation and could face termination. In addition to his inaction to aid the dying girl, he failed to call in or report the incident.
“He is consulting with our attorneys,” Joe Mancini, spokesperson for the union the Patrolman’s Benevolent Association told ABC News. “He hasn’t been charged, so he’s working with his delegates and union representatives.”
Briana’s family laid her to rest today, her casket transported in a white hearse carriage pulled by two white horses, reported NY1.com.
OSHA Fines SeaWorld $75,000 in Killer Whale Trainer Death
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced today that, after an investigation into the death of animal trainer Dawn Brancheau in February this year, it is citing SeaWorld of Florida LLC for three safety violations and fining the theme park company $75,000.
On February 24, 2010, Dawn Brancheau interacted with a killer whale named Tilikum on platform of shallow water during what SeaWorld describes as a "relationship session" observed by park guests. According to an Associated Press article, Brancheau lay on her stomach on the platform, nose to nose with the six-ton killer whale when to the horror of spectators; Tilikum grabbed Brancheau by her ponytail, dragged her underwater and shook her repeatedly like a ragdoll. Video footage shows the killer whale repeatedly striking and thrashing the trainer, and pulling her under water even as she attempted to escape.
It took rescuers more than 30 chaotic minutes to get Brancheau away from Tilikum. They captured Tilikum in a net and had to pry his mouth open to extract Brancheau’s body. The autopsy report describes her cause of death as drowning and traumatic injuries.
OSHA’s investigation found that this is not the first time Tilikum has killed a person, revealing that he was one of three killer whales involved in the death of an animal trainer in 1991 at Sea Land of the Pacific in Vancouver, British Columbia, Canada. He also killed a man who sneaked into his pool enclosure in 1999.
Linda Simons, former Sea World safety director, told ABC News that SeaWorld gave new employees at SeaWorld a warning about Tilikum. "They talk to you about going into the water with Tili," she said. "That if you go into the water with Tili you would come out as a corpse."
SeaWorld says they fired Simons for poor performance, but Simons told The New York Daily News that the company fired her for cooperating with the OSHA investigation.
Because of Tilikum’s dangerous behavior, SeaWorld had forbidden trainers from swimming with the whale, but allowed trainers to interact with him, including touching him, while the trainers were lying on the pool edge in shallow water.
"SeaWorld recognized the inherent risk of allowing trainers to interact with potentially dangerous animals," said Cindy Coe, OSHA’s regional administrator in Atlanta, Ga. "Nonetheless, it required its employees to work within the pool walls, on ledges and on shelves where they were subject to dangerous behavior by the animals."
The OSHA investigation also found that SeaWorld trainers had an extensive history of unexpected and potentially dangerous incidents involving killer whales at its various facilities, including its location in Orlando. Despite this record, management failed to make meaningful changes to improve the safety of the work environment for its employees.
"All employers are obligated to assess potential risks to the safety and health of their employees and take actions to mitigate those risks," said Les Grove, OSHA’s area director in Tampa, FL. "In facilities that house wild animals, employers need to assess the animals under their care and to minimize human-animal interaction if there is no safe way to reliably predict animal behavior under all conditions."
- OSHA has issued one willful citation to SeaWorld for exposing its employees to struck-by and drowning hazards when interacting with killer whales. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
- OSHA issued a serious citation to SeaWorld for exposing employees to a fall hazard by failing to install a stairway railing system on the front side, left bridge of the "Believe" stage in Shamu Stadium. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
- OSHA gave SeaWorld one other-than-serious violation for failing to equip outdoor electrical receptacles in Shamu Stadium with weatherproof enclosures. An other-than-serious violation is described as a situation that relates to job safety and health that would not likely cause death or serious physical harm.
“SeaWorld disagrees with the unfounded allegations made by OSHA today and have already informed the agency that we will contest this citation,” SeaWorld said in a statement. “OSHA’s allegations in this citation are unsupported by any evidence or precedent and reflect a fundamental lack of understanding of the safety requirements associated with marine mammal care. We look forward to challenging OSHA’s unfounded allegations and are confident that we will prevail.”
OSHA Fines SeaWorld $75,000 in Killer Whale Trainer Death
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced today that, after an investigation into the death of animal trainer Dawn Brancheau in February this year, it is citing SeaWorld of Florida LLC for three safety violations and fining the theme park company $75,000.
On February 24, 2010, Dawn Brancheau interacted with a killer whale named Tilikum on platform of shallow water during what SeaWorld describes as a "relationship session" observed by park guests. According to an Associated Press article, Brancheau lay on her stomach on the platform, nose to nose with the six-ton killer whale when to the horror of spectators; Tilikum grabbed Brancheau by her ponytail, dragged her underwater and shook her repeatedly like a ragdoll. Video footage shows the killer whale repeatedly striking and thrashing the trainer, and pulling her under water even as she attempted to escape.
It took rescuers more than 30 chaotic minutes to get Brancheau away from Tilikum. They captured Tilikum in a net and had to pry his mouth open to extract Brancheau’s body. The autopsy report describes her cause of death as drowning and traumatic injuries.
OSHA’s investigation found that this is not the first time Tilikum has killed a person, revealing that he was one of three killer whales involved in the death of an animal trainer in 1991 at Sea Land of the Pacific in Vancouver, British Columbia, Canada. He also killed a man who sneaked into his pool enclosure in 1999.
Linda Simons, former Sea World safety director, told ABC News that SeaWorld gave new employees at SeaWorld a warning about Tilikum. "They talk to you about going into the water with Tili," she said. "That if you go into the water with Tili you would come out as a corpse."
SeaWorld says they fired Simons for poor performance, but Simons told The New York Daily News that the company fired her for cooperating with the OSHA investigation.
Because of Tilikum’s dangerous behavior, SeaWorld had forbidden trainers from swimming with the whale, but allowed trainers to interact with him, including touching him, while the trainers were lying on the pool edge in shallow water.
"SeaWorld recognized the inherent risk of allowing trainers to interact with potentially dangerous animals," said Cindy Coe, OSHA’s regional administrator in Atlanta, Ga. "Nonetheless, it required its employees to work within the pool walls, on ledges and on shelves where they were subject to dangerous behavior by the animals."
The OSHA investigation also found that SeaWorld trainers had an extensive history of unexpected and potentially dangerous incidents involving killer whales at its various facilities, including its location in Orlando. Despite this record, management failed to make meaningful changes to improve the safety of the work environment for its employees.
"All employers are obligated to assess potential risks to the safety and health of their employees and take actions to mitigate those risks," said Les Grove, OSHA’s area director in Tampa, FL. "In facilities that house wild animals, employers need to assess the animals under their care and to minimize human-animal interaction if there is no safe way to reliably predict animal behavior under all conditions."
OSHA has issued one willful citation to SeaWorld for exposing its employees to struck-by and drowning hazards when interacting with killer whales. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
OSHA issued a serious citation to SeaWorld for exposing employees to a fall hazard by failing to install a stairway railing system on the front side, left bridge of the "Believe" stage in Shamu Stadium. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
OSHA gave SeaWorld one other-than-serious violation for failing to equip outdoor electrical receptacles in Shamu Stadium with weatherproof enclosures. An other-than-serious violation is described as a situation that relates to job safety and health that would not likely cause death or serious physical harm.
SeaWorld disagrees with the unfounded allegations made by OSHA today and have already informed the agency that we will contest this citation,” SeaWorld said in a statement. “OSHA’s allegations in this citation are unsupported by any evidence or precedent and reflect a fundamental lack of understanding of the safety requirements associated with marine mammal care. We look forward to challenging OSHA’s unfounded allegations and are confident that we will prevail.”
Woman on Oxygen Dies after Utility Company Shuts Her Power Off
New Hampshire officials are investigating the death of a Salem, NH woman on an oxygen machine after the utility company shut off power to her home.
According to The Boston Globe, Stephen Phaneuf came home Monday morning about 10:00 am to find his wife Kay, 54, unconscious and the power to their home turned off. Kay suffered from chronic obstructive pulmonary disease (COPD) and relied on an oxygen machine to breathe. Stephen called 911 and firefighters responded. They could not find a pulse and performed CPR, finally resuscitating and transporting her to Caritas Holy Family Hospital.
The National Grid utility service had visited the Phaneuf home at 9:00 am to shut the power off for nonpayment. The utility worker reportedly knocked on the door and rang the doorbell, located inches from a sign that says “No smoking, oxygen in use,” to serve the cut off order but no one answered. He then cut the power.
Two days later, Kay Phaneuf died in the hospital.
“It’s fairly obvious that she needed to be hooked up to a machine to live, and the oxygen device that she required to live was no longer operable because there was no electricity,’’ Salem Police Captain Shawn Patten told The Boston Globe.
Phaneuf ‘s death prompted Governor John Lynch to send a letter to Thomas Getz, Chairman of the Public Utilities Commission who regulates utility companies, calling for a broad review by the Public Utilities Commission.
“In addition to your immediate review of the circumstances surrounding National Grid’s handling of this case, I am calling on the Public Utilities Commission to conduct a broad review of the policies and procedures of all New Hampshire utility companies in regard to power shut offs,” Governor John Lynch said in a letter to Getz. “This review should include an assessment of the adequacy of policies and safeguards related to power shut-offs, and a determination of whether those policies are being rigorously adhered to by New Hampshire’s utility companies.”
Governor Lynch asked that Getz submit the analysis, including any policy change recommendations, no later than July 20, 2010.
David Graves, a spokesperson for National Grid, said the company followed all state regulations and company policy in the notification and service cancelation.
National Grid was aware of the medical power need at the home, but the medical emergency certification on the account expired on May 15 and the company says it sent a letter notifying Phaneuf of the expiration but received no response. New Hampshire requires that utility customers with a medical condition dependent upon electricity send a letter to the power company every 60 days, which would prevent power shut off due to nonpayment.
Neighbors said Phaneuf had been on oxygen for a long time.
According to the Boston Herald, Kay Phaneuf was the mother of two grown daughters and had just become a grandmother. She was a breast cancer survivor.
Everybody’s in shock,” Kay’s father-in-law Norman Phaneuf told the Boston Herald. “It’s a sad situation. She was a loving mother. She just became a grandmother.”
Pilot Error Caused Crash of Colgan Air Flight 3407 and Death of 50 People
In a report released today, the National Transportation Safety Board (NTSB) revealed the results of the agency’s investigation into the crash of Colgan Air Flight 3407 nearly a year ago on February 12, 2009.
The regional airline, operating as Continental Connection flight 3407 from Newark, NJ to Buffalo, NY, crashed into a residence in Clarence Center, NY, about five miles northeast of Buffalo-Niagara International Airport. Two pilots, two flight attendants, 45 passengers and one person on the ground died in the accident.
The NTSB report ruled out mechanical failure and weather conditions such as icing, instead citing a series of pilot errors as cause of the crash. The first of which occurred before the plane even left Newark.
The agency found that the probable cause of the accident was the captain’s inappropriate response to the activation of the stick shaker as the low speed warning system activated when the plane slowed on approach to Buffalo, which led to an aerodynamic stall from which the airplane did not recover. The NTSB said captain, Marvin Renslow, 47, reacted as if he were “startled and confused.”
Contributing to the cause of the accident were the pilots’ failure to recognize the position of the low-speed cue on their flight displays, which indicated that the stick shaker was about to activate, and their failure to adhere to sterile cockpit procedures. Other contributing factors were the captain’s failure to effectively manage the flight and Colgan Air’s inadequate procedures for airspeed selection and management during approaches in icing conditions.
Read the entire National Transportation Safety Board (NTSB) report here http://www.ntsb.gov/Publictn/2010/AAR1001.htm
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