John B Brandes Fire Chief, MDFRD Fire Commissioner, MDFRS
As a NYS EMT and Paramedic, an ISFF Firefighter, a former Line Officer, and a NYS EMS Instructor, with almost 35 years in EMS, I recommend you take serious disciplinary action in regard to the above noted Captain Smart. This is in regard to the video of March 21, 2013 of which you are undoubtedly aware at this time. His behavior, as evidenced by the above noted video is not only unprofessional and inappropriate, but it is also verbally and physically abusive.
• The bystander at no time entered upon the landing zone as evidenced by the positioning of the apparatus and the personnel guarding the perimeter of the scene.
• The passage of vehicles between the position of the apparatus and the bystander/cameraman further evidences the perimeter of the scene that was considered necessary to protect bystanders.
• The Court has ruled that bystander filming of rescue incidents is a right under the exercise of a free press, and that any citizen is covered by that protection as a civilian reporter of events.
• The issue of patient privacy, under freedom of the press, under these circumstances does not come into effect. Such protections of privacy do not overrule upon freedom of the press and are applied to medical professionals, not bystanders.
• The body motion of Captain Smart as he obviously charged over from the vehicle to the cameraman sets the demeanor that Captain was looking for a confrontation and possible fight.
• Captain Smart was verbally abusive in his tone.
• Captain Smart committed remarks that were lies and perjuries in his radio communication in stating that the cameraman was combative. This is both a violation of FCC regulations and federal, state, and local criminal laws.
• Captain Smart physically touched, engaged, pushed, and thus assaulted the filming bystander, another criminal offence.
• Captain Smart intruded upon the physical safety of the bystander/filmer as well when he physically touched, engaged, pushed, and thus assaulted the bystander while wearing blood contaminated gloves. These gloves were sufficiently contaminated so as to be obvious when visually captured on low sensitivity video recording equipment.
• Captain Smart harassed the bystander as he attempted to leave the scene at the conclusion of the incident. He again lied and perjured himself in further radio communication, and may have impersonated himself as having law enforcement authority in blocking the eit of the bystander as well as in his constantly referring to his captaincy throughout the incident.
Captain Smart’s reasons for interfering with the bystander in his free exercise of his (the bystander) rights. Seem to be influenced by his not wishing to have his actions recorded. It has been my professional and firematic experience that such interference is sometimes the result of the wish of the person filmed to conceal some issue. Captain Smart’s actions may indicate a review of his decisions and actions may be in order. At the very least, his actions toward the bystander are obviously in order and in need of reprimand.
