New Hampshire Underground

New Hampshire Underground => NH News => Topic started by: Dreepa on April 18, 2007, 07:08 AM NHFT

Title: Flood victims arrested in Allenstown
Post by: Dreepa on April 18, 2007, 07:08 AM NHFT
http://concordmonitor.com/apps/pbcs.dll/article?AID=/20070418/REPOSITORY/704180342
Title: Re: Flood victims arrested in Allenstown
Post by: Dave Ridley on April 18, 2007, 08:11 AM NHFT
need to make some calls to apd once the crisis is over


from t he monitor article:


<< Allenstown police have arrested four residents since Monday for failing to comply with mandatory evacuation orders for flooded roads near the Suncook River. Three of those residents required water rescues yesterday.
The four were charged with disorderly conduct, a misdemeanor, according to town officials.
"If people disregard barricades or mandatory evacuations, they will be arrested," said Town Administrative Assistant Kelley Collins, who described herself as the town's public information officer.
Yesterday, firefighters rescued one man, who had canoed to his flooded house to rescue a pet bird, and two other adults, who had complied with mandatory evacuation orders but drove back to their property later Monday, firefighters said. The fourth resident was arrested Monday for refusing to leave her home.
Collins refused to release the names of the arrested residents or allow reporters to speak with Police Chief Shaun Mulholland, saying that she did not want a story about the town arresting its residents to appear in the newspaper.
"That's not the thrust of what we do," she said. "We're trying to protect our people and our public safety responders."
Firefighters responded to the first rescue call yesterday about 6 a.m., according to Fire Lt. Chris Roy. Two people who lived near the river had left as part of the evacuation but returned in their car afterward, he said.
"They fell asleep in the car, and when they woke up, they were surrounded by water," Roy said.
According to Collins, the pair who hid in the car were upset that firefighters would not take their dog in the rescue boat, a small inflatable vessel.
"We can't risk public safety personnel's lives for pets," she said.
But according to firefighter Ryan Fortin, rescuers did agree to save the pet of another resident who was rescued yesterday from his home on Riverside Park Drive. According to Fortin and Roy, this man had not been at home when the original evacuation order was issued Monday. He used a canoe to paddle to the flooded house, spent the night on the second floor, then called firefighters when his canoe was pulled away by strong currents.
"He came out of the second story and he crawled down a ladder to us that he had set up," Fortin said. "He actually had waders on, so he was kind of prepared."
Fortin said that the man brought along his bird cage, wrapped in garbage bags and blankets. He said that he believed the cage contained the man's pet parrot.
"He said he went back for the bird," Roy said. "We removed him and the bird."
Roy and Collins said that the man's home had been badly damaged by flooding last year and that his parents, who lived with him at the house, spent several months living in a camper in the front yard. Firefighters said that water filled the entire first floor yesterday, rising to a depth of about 10 feet. The camper, an El Camino and other vehicles on the property were also flooded, they said.
The motor on the town's emergency rescue boat was damaged during the morning rescue, Roy said, so firefighters called on neighboring departments in Hooksett and Allenstown to provide equipment and support for the second rescue.
Fortin said he and a rescuer from Pembroke's department guided the boat, wearing cold water suits, from a flooded portion of Route 28 to the house, about 50 feet from the Suncook River's usual bank. Because of varying water depths, they needed to carry the boat for portions of the trip.
Collins said that the town would release the names of arrested residents five days after the town received a written request under the state's right-to-know law, which designates the names of arrestees as public information that should be made available immediately.
Roy and Collins said that the town had some difficulty enforcing its evacuation order during the Mothers Day flooding last year, but they did not recall any arrests.
Riverside Park Drive, Jilleric Road, Jasper Drive, Borque Road, Clement Road, Fanny Drive and part of Albin Avenue continue to be closed and subject to mandatory evacuation. Members of the Air National Guard are assisting town officials in manning the road closings. >>

Title: Re: Flood victims arrested in Allenstown
Post by: Dave Ridley on April 18, 2007, 08:54 AM NHFT
Fire Chief      Everett Chaput III        echaput@allenstownfire.org      Allenstown Fire department
Deputy Fire Chief    Robert Martin    rmartin@allenstownfire.org    Allenstown Fire department
Police Chief    Shaun Mulholland    chiefmulholland@comcast.net    Allenstown PD

  Allenstown Police Department
40 Allenstown Rd.
Allenstown, NH 03275
Phone # (603)485-9500
Fax # (603) 485-9589
Title: Re: Flood victims arrested in Allenstown
Post by: error on April 18, 2007, 10:02 AM NHFT
"If you don't stay away from these flooded areas where you could get killed, we'll kill you ourselves."
Title: Re: Flood victims arrested in Allenstown
Post by: LiveFree on April 18, 2007, 11:47 AM NHFT
It's not even your own property anymore when these JBT's can tell you when and how to use it, and when to leave.  Screw them.  And trying to cover it up in the papers, that's REAL nice.
Title: Re: Flood victims arrested in Allenstown
Post by: error on April 18, 2007, 12:02 PM NHFT
Oh, BTW, FEMA's on their way.
Title: Re: Flood victims arrested in Allenstown
Post by: toowm on April 18, 2007, 04:04 PM NHFT
I'm up for a FEMA protest this weekend. Maybe we could combine it with voluntary assistance for flood victims.
Title: Re: Flood victims arrested in Allenstown
Post by: Insurgent on April 18, 2007, 11:20 PM NHFT
Be careful about protesting FEMA--you just may end up in one of their camps!  :help:
Title: Re: Flood victims arrested in Allenstown
Post by: error on April 19, 2007, 07:04 AM NHFT
Quote from: Insurgent on April 18, 2007, 11:20 PM NHFT
Be careful about protesting FEMA--you just may end up in one of their camps!  :help:

Oh yeah? They couldn't get enough people to build enough camps to imprison everyone who thinks FEMA is a sick joke (http://www.homelandstupidity.us/2006/01/10/fema-is-still-a-joke/) and will openly say so (http://www.homelandstupidity.us/2005/10/16/fema-is-a-joke/) every time the topic comes up. FEMA is chronically understaffed (http://www.homelandstupidity.us/2007/02/14/fema-goes-on-hiring-spree/) and has been for years.

P.S. Get the government out of flood insurance.
Title: Re: Flood victims arrested in Allenstown
Post by: David on April 26, 2007, 08:08 PM NHFT
The gov't has no right to order an evacuation.  But if they advise, (or order) an evacuation, and people disregard it, then are rescued afterword, they should at the least pay for their rescue, and lost police time that could have been spent elsewhere.
Title: Re: Flood victims arrested in Allenstown
Post by: error on April 26, 2007, 08:41 PM NHFT
I'm still looking for anyone who actually saw FEMA damage assessment teams in New Hampshire last week.
Title: Re: Flood victims arrested in Allenstown
Post by: KBCraig on April 26, 2007, 11:14 PM NHFT
Quote from: David on April 26, 2007, 08:08 PM NHFT
The gov't has no right to order an evacuation.  But if they advise, (or order) an evacuation, and people disregard it, then are rescued afterword, they should at the least pay for their rescue, and lost police time that could have been spent elsewhere.

I agree on both counts. In this situation, the people were evacuated, then sneaked back in, and then called 9-1-1 for help. You can't have it both ways. Either reject the government or play by their rules.

Kevin
Title: Re: Flood victims arrested in Allenstown
Post by: lildog on May 01, 2007, 11:08 AM NHFT
Simple solution, if a situation is getting dangerous due to flood or whatever, warn people that they need to get out.  If they choose to stay, then choose not to rescue them if they get in over their heads.
Title: Re: Flood victims arrested in Allenstown
Post by: lildog on May 01, 2007, 01:48 PM NHFT
Today's telegraph has the REAL reason for many of the flooded out homes (including those in Merrimack that the clean up was for)...

"The New Hampshire Department of Environmental Services ordered the breach of the dam April 19 when it appeared it might fail, placing 12 downstream homes and portions of Route 122 in jeopardy."
Title: Re: Flood victims arrested in Allenstown
Post by: supperman15 on May 01, 2007, 03:36 PM NHFT
Quote from: David on April 26, 2007, 08:08 PM NHFT
The gov't has no right to order an evacuation.  But if they advise, (or order) an evacuation, and people disregard it, then are rescued afterword, they should at the least pay for their rescue, and lost police time that could have been spent elsewhere.

like... illigal drug raids???  I would really suport that if i thought the police were spending there time doing anything valuble. 
Title: Re: Flood victims arrested in Allenstown
Post by: COG on September 13, 2008, 02:46 PM NHFT
Update

From the Monitor
September 12, 2008 - 7:02 am
By MEG HECKMAN
Monitor staff

Evacuation case before high court
Flood makes orders binding, town says

Allenstown officials want the state's high court to reinstate charges against a 60-year-old woman arrested while evacuating her flooded neighborhood last spring.

Evelyn Bernard was charged with disorderly conduct and failing to obey an emergency order after, the police said, she refused to leave her Riverside Park Drive home in April 2007. Bernard hired a lawyer, and a few months later, a judge dismissed the charges.

Yesterday's hearing didn't deal with the facts of the case. Rather, New Hampshire Supreme Court justices will decide when, or if, emergency personnel can forcibly evacuate homes during a flood.

Allenstown, through Assistant Attorney General Nicholas Cort, argued that the fire department had ordered a mandatory evacuation of Riverside Park Drive, giving emergency responders the authority to remove people from their homes.

Bernard's lawyer, Peter Leahy, disagreed, saying the Allenstown police overstepped their authority when they arrested Bernard. The law that town officials used to charge Bernard doesn't mention floods, he said, and a Hooksett District Court judge agreed.

"This is a small slice of a larger issue. It has to do with the rights of individuals," he said. "We jokingly said on the record at the hearing that you have the right to drown in your own home. The judge accepted that."

The charges were dismissed before Bernard's case went to trial. If it ever does, a judge would likely hear two different versions of events.

According to town officials, the afternoon of April 16, 2007, unfolded like this: Just before 3 p.m., Allenstown's fire chief ordered a mandatory evacuation of Riverside Park Drive. Four hours later, a police officer arrived to evacuate people by boat.

The police officer, court papers say, was told that Bernard and her husband, Paul, were refusing to leave their home. The officer drove a boat into the neighborhood, where according to court papers, he saw the Bernards pulling out of their driveway in their pickup truck.

The officer stopped the couple and told them they had to leave by boat because the road was closed, court papers said. Before she was arrested, Evelyn Bernard became "confrontational" and refused to leave, the files said.

Bernard tells a different story. She's lived in the low-lying neighborhood most of her life, and she and her husband knew it was time to leave. They loaded themselves and their dog into their Jeep and headed out of their driveway.

"We even got the thumbs up from a fire man that was standing across the street," she wrote in an e-mail earlier this week. "Three of our neighbors left right before us."

The Bernards tried to follow their neighbors, she wrote, but the police stopped them and told them they had to leave by boat. Bernard asked about her dog but said the police officer ignored her and ordered her into the boat. When she asked about the dog again, Bernard said, she was handcuffed and put into the boat without a life jacket.

"I didn't come back into the area," she said. "I didn't come back into my home. . . . The only thing that I did was try to leave my home, with my husband and my dog."

Yesterday, justices asked both attorneys questions about the nature of emergencies and pondered the different roles of firefighters and police officers during a disaster. Cort, the attorney arguing on behalf of Allenstown, said that floods are, in fact, disasters and that firefighters need the authority to move people out of harm's way.

"Police are primarily concerned with fighting crime," he said. "Firefighters are primarily concerned with fighting fires and other natural disasters."

If the justices agree with Cort's point of view, Bernard will face a trial in Hooksett District Court. If not, the charges will be permanently dropped. Either way, Leahy said, evacuation procedures are likely to remain a subject of debate.

"This is an area that, frankly, when I took this case I thought would be very well-developed," he said. "It's not."

Link to original article:
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20080912/FRONTPAGE/809120302&template=single

Chris