The following story is a great example of what I have been discussing in regard to this. Its from Jan and the link is now broken. As you read this story think a min what would have happened here if a non Cop had did this. I would think that after being tackled in the hallway we would have been taken directly to the station and booked. In this case the Judge gave the Cop what amounted to another chance. Also I wonder if the man who was cleared that day actually did anything wrong? he was pressure washing and when he saw there was no water he turned around. Just read the story and tell me what you think. BTW this happened in NH.
Highway Patrol Officer Jeffrey Bird was ordered held in criminal contempt of court for five minutes recently after the man accused of spraying Bird's young son with a high-pressure water hose was cleared in Plymouth District Court.
Richard Hallberg, 78, was found not guilty on Jan. 11 of simple assault against a minor and two counts of reckless conduct stemming from the April 1, 2007, incident that briefly blinded the 4-year-old boy, identified only as A.B. in court records, at Hallberg's business, Earth Inc. in Bridgewater.
Bird, a safety inspector and patrol officer, stormed out of the courtroom after the not guilty verdict, damaged a door and was held in criminal contempt for five minutes, according to court records and court security.
Bernard Hughes, regional court security supervisor, confirmed Bird was arrested and held in the holding area on Jan. 11 from 11:39 to 11:44 a.m.
Bird, with his son in his truck, was doing Hallberg a favor last April 1, stopping by his construction business to certify one of Hallberg's vehicles for overweight operation, according to an order written by Plymouth District Court Judge Thomas A. Rappa Jr.
Bird's truck accidentally ran over the hose to a pressure washer Hallberg was using to clean a piece of equipment in his driveway that day.
"It is undisputed that (Hallberg) became agitated when he realized that someone had run over the hose to the pressure washer and subsequently sprayed Officer Bird's truck with a short burst from the pressure washer. In doing so, Officer Bird's four-year-old son was hit in the face with a portion of the spray. He initially complained that he could not see, (but he) fortunately suffered no significant or permanent injuries," Rappa wrote.
Reached by phone yesterday, Hallberg said he didn't mean to spray Bird's truck and son.
"Oh no, goodness no. He startled me when he drove up behind me. I spun around and sprayed the truck with water," Hallberg said.
Bird declined to comment yesterday.
Rappa wrote: "While the court did not condone (Hallberg's) actions and admonished him for spraying the truck under any circumstances, the court could not find beyond a reasonable doubt that the state proved mens rea (criminal state of mind) for the alleged offenses and had no recourse but to enter a finding of not guilty to the charge," Rappa wrote.
The factual dispute cited by Rappa involved the distance Hallberg was from Bird's truck, whether he knew the passenger window was down and whether he knew Bird's son was in the truck.
"Upon pronouncement of the findings Jeffrey Bird jumped up and stormed out of the courtroom, smashing through the entrance door, causing severe and significant damage to the door." The judge witnessed the event and immediately ordered Bird detained.
After processing the case, Bird was ordered back in the courtroom.
"Once he had a chance to cool off, he apologized for his reaction to the findings," Rappa wrote.
The court ordered the criminal contempt charge be changed to civil contempt as a result of Bird's apology. By changing the charge to civil contempt, Bird can "purge himself of that contempt" by making restitution to the state to repair the door or replace it.
Former attorney general Philip McLaughlin represented Hallberg.
Earl Sweeney, assistant commissioner of safety, said Highway Patrol is conducting an internal investigation as well.
"He (Bird) was unhappy with the disposition of a case, left the courtroom and slammed the door" and damaged it, Sweeney said.
Sweeney declined comment on possible discipline except to say it would depend on Bird's prior personnel records as well.