Man gets "raped" by police and medical staff after a routine traffic stop

[Seedersandleechers]

The incident began January 2, 2013 after David Eckert finished shopping at the Wal-Mart in Deming. According to a federal lawsuit, Eckert didn't make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement.

Eckert's attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks. Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity. While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.

The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was "unethical."

But physicians at the Gila Regional Medical Center in Silver City agreed to perform the procedure and a few hours later, Eckert was admitted.


http://www.kob.com/article/stories/S3209305.shtml?cat=500#.UnkAjpFAeiK

[MADem]

1. A good lawyer, and this guy is rich.

In addition, even if the search warrant was executed in the correct New Mexico county, the warrant expired at 10 p.m. Medical records show the prepping for the colonoscopy started at 1 a.m. the following day, three hours after the warrant expired.

[Baitball Blogger]

15. And, hopefully, the two cops are fired.

[abelenkpe]

38. Are they ever? Nt

[Festivito]

41. And, some doctors should lose their license to practice. eom

[dballance]

42. And the doctors' licenses revoked!

Sounds like the doctors in Deming were the only sensible people in this whole fiasco.

The doctors who performed the procedures should not be practicing medicine. You don't just do all those procedures just because law enforcement asks you to. There was apparently no retaliation on the doctors in Deming who refused.

[matt819]

43. They won't be

The cop apologists on DU will tell us all the reasons why these cops, and so many others, are never in the wrong. We can't possibly know what they were thinking. It's stressful out there. Judgment calls have to be made.

And, no, they won't be fired. Heck, they may even be commended.

[valerief]

63. Nah, they'd be given lifetime tasers for being such assholes. nt

[MADem]

76. That should have happened right outta the gate--what a pair of morons. nt

[hughee99]

58. I'm not sure the lawyer even has to be all that good to win this one. n/t

[MADem]

74. Oh sure, there's no doubt of a win.

But there's money....and there's MONEY.

[DirtyDawg]

78. All this...

...and the guy just needed to 'take a shit'...well they took care of that...in spades.

[MADem]

89. He who shits last, shits best--and that guy is gonna shit all over the idiots who thought treating

him so rudely and crudely (to say nothing of illegally) was a good idea...

[stevenleser]

2. Wow, wtf. Two things... #1 - How the filth flarn filth could they tell he was clenching his buttocks

through pants?

#2 - Clenching buttocks is a possible sign of stress which is understandable considering a traffic stop by police where you are asked to get out of the car.

Man.

[Jesus Malverde]

52. wtf are clenching buttocks anyway, presumably he had pants on..

Until the state ripped them off and started shoving themselves and other junk up his ass.

[cali]

3. this story is horrendous and what was done to this man is unconscionable

Having said that it wasn't rape- not saying it's better or worse- just that you're misusing the word.

[LisaL]

5. Penetration without consent-he says he never consented to any of the procedures.

[cali]

106. I was absolutely wrong.

[Seedersandleechers]

6. Being that it was against his will

I would either call it rape or sodomy. I'm guessing that will be a line of defense in court.

[stevenleser]

9. New Federal definition would seem to include what was done to this person

http://www.nytimes.com/2012/01/07/us/politics/federal-crime-statistics-to-expand-rape-definition.html

The new definition, which has been in the works for several months and was formally announced by the Obama administration on Friday, will replace a narrower definition of “forcible rape” with one that includes, among other things, forcible oral or anal penetration. The narrower definition, which is limited to vaginal penetration, has been used since the 1920s in tracking how often such crimes are reported around the country.

Victim advocacy groups have long criticized the old definition as outdated, saying it left out many crimes that were prosecuted as rape under state laws but that were not reflected in national statistics. Last year, an F.B.I. advisory committee of law enforcement agencies agreed to a Justice Department request to update the definition.

“It’s about more than a definition,” Lynn Rosenthal, the White House adviser on violence against women, said in a conference call with reporters to discuss the change. “It’s a change of our understanding of rape and how seriously we take it as a country.”

The old definition — “the carnal knowledge of a female, forcibly and against her will” — covered only forcible penetration of a woman’s vagina by a penis, and excluded many other kinds of sexual assaults that count as rape under more modern definitions.

[Hosnon]

60. How is it not rape? nt.

[MyNameGoesHere]

65. Of course

because he must have wanted it, he probably was dressed scantily. Perhaps he had a lot of partners. He was just asking for it.

[11 Bravo]

67. Is it rape when a woman is forced to undergo an unwanted trans-vaginal ultrasound?

By the letter of the law, I believe it is; but now I'm curious as to your view.

[tammywammy]

69. So you're like Whoopi - it's not "rape rape".

Any penetration without consent is rape. Period.

[jmowreader]

105. We call the transvaginal ultrasounds Cooch likes rape

If that's rape, then so is this.

This is at least assault.

[Brickbat]

4. Good lord, that's horrifying.

[LisaL]

7. Sure is.

I don't think not completely stopping at a stop sign justifies forced colonoscopy.

[uponit7771]

8. It was rape.. the word is underused to describe illegal sexual acts without consent IMHO

[xchrom]

10. du rec.

[magical thyme]

11. absolutely outrageous.

Forced penetration. No legal jurisdiction in that county. Past warrant expiration. All because they didn't like his posture.

By the time his lawyer is through with the perps, he should be one very wealthy person.

I cannot imagine what the doctors were thinking at that medical center. They had absolutely *no* business participating, NONE.

3 forced enemas and a colonoscopy?!?!

[Orrex]

12. Why is "raped" in quotes?

Props to the doctor who refused to do the search.

[Hosnon]

13. Either the writer believes:

(1) Men can't get raped; or

(2) It's not really rape if it wasn't a penis that was shoved up your arse.

[Seedersandleechers]

16. You are making that up.

See post #6.

[Hosnon]

57. Sodomy is not necessarily non-consensual. Rape is.

This act was probably both: it was non-consensual sodomy, i.e., rape by sodomy.

How would this not be rape?

[ScreamingMeemie]

14. That gave me pause as well (the quotes).

We need more doctors willing to stand up for what's right.

[Seedersandleechers]

17. I only put it in quotes

because the correct term could possibly be sodomy.

[ScreamingMeemie]

18. Okay. Thanks for clarifying.

That makes sense.

[Hosnon]

59. Not all sodomy is non-consensual.

I sodomize by boyfriend quite frequently (with his consent, of course).

[Orrex]

83. But were his buttocks clenched?

Probable cause, etc.

[sibelian]

61. What does sodomy have to do with rape?

?

[NickB79]

81. Probably because they got a warrant

See, it's not real rape if it's approved by a judge first in the middle of the night

[Brigid]

92. I do not know exactly what the warrant said, of course . . .

But I wonder if the judge really thought the cops would go as far as they did.

[Brigid]

19. Did those involved in this travesty seriously think . . .

They were going to get away with it? That there weren't going to be lawsuits and criminal charges all around? Every time I see yet another story like this, I wonder about that. I just don't get it.

[EOTE]

71. I'm guessing they were REALLY sure he was hiding narcotics.

And that if they found them, it would be forgotten how they found them in the first place. That kind of backward thinking pervades police forces. I'm guessing that's why once they gave him the xray, they doubled down and gave him a cavity search, then doubled down some more with the enemas. I'm guessing if they'd found so much as a gram of grass up his ass, he'd have been screwed and would be looking at jail time rather than a lawsuit against these fuckers. I hope these assholes lose their jobs and the shirts off their backs.

[HappyMe]

20. That's horrible.

Wow.

[gopiscrap]

21. god damn cops

Last edited Tue Nov 5, 2013, 11:01 PM - Edit history (1)

[scheming daemons]

24. Good? They should be arrested for assault and battery.

[gopiscrap]

28. Good, meaning they should be arrested the motherfuckers

[FiveGoodMen]

98. One too many O's

[jsr]

22. David Eckert Clenches His Buttocks; Cops Order Enemas, Colonoscopy, X-Ray For Non-Existent Drugs

http://www.huffingtonpost.com/2013/11/05/david-eckert-enema-colonoscopy-drugs-traffic-stop_n_4218320.html

[awoke_in_2003]

23. They evidently never saw this SNL skit

http://www.snotr.com/video/422/

[Delphinus]

25. Jesus!

Three frickin' enemas! AND a colonoscopy?

[LisaL]

26. They must have really, really wanted to find those non-existing drugs.

[Historic NY]

40. Wow, thats some prep.

[Silent3]

27. And the hospital is billing the guy, and threatening to turn him over to a collections agency...

...if he doesn't pay up.

[LisaL]

29. Wow.

That could be a lot of money for procedures he didn't need and didn't consent to. I imagine it's in the thousands.

[get the red out]

33. OMG, for drugs he NEVER possessed?

If he doesn't get some major $$$ out of this, it could become a lucrative industry for hospitals. Police accuse anyone they like of possession then the person gets charged for being abused to prove their innocence by horrific medical procedures.

[jsr]

34. You betcha.

[Brigid]

37. His countersuit should more than take care of it.

This whole thing is just

[Capt. Obvious]

45. I didn't see that in the story?

[Silent3]

48. It's mentioned at the end of the video. n/t

[Capt. Obvious]

50. Ah, thanks

I didn't watch the video.

[progressoid]

30. Jesus H...

[get the red out]

31. Why are drugs so damned important?

Why do we have a country where the idea that someone, somewhere might have drugs is more important than anything? The war on drugs is insane and must end.

[meti57b]

32. It was also "torture".

[Lars39]

35. Yes. Multiple rapes and torture.

Good thing his colon wasn't ruptured during the colonoscopy. Totally outrageous what they did to this guy.

[RVN VET]

36. The cops won't be fired or disciplined

and his lawsuit will be held up in court for years before he's finally worn out and agrees to settle.

Sadly, that's the way the deck is stacked.

Worse, who the f%$k were the medical people who said, in essence, "sure, Officer, we'll anally sodomize this guy for you?" Those mofos need to be sued and run out of town on rails stuck up there . . .OK, OK, I'm calming down.

I wonder if the blue coats took pictures of the procedure?

[Jesus Malverde]

62. How about named and shamed, the doctors name is absent in the story...nt

[AnotherMcIntosh]

70. The story found with the link indicates:

"Eckert is also suing Deputy District Attorney Daniel Dougherty and the Gila Regional Medical Center including Robert Wilcox, M.D and Okay Odocha, M.D."

[Jesus Malverde]

72. Thanks..nt!

[Vashta Nerada]

39. What the fuck is wrong with the doctors and the cops?

Geez! If drugs weren't found with the x-ray (which was sufficient), why the hell were those other tests performed????

[msanthrope]

44. This is the definition of "shocks the conscience." Every single person involved

in tbis....and their supervisors...should be made to pay.

On a side note....I want to know the names of the 'professionals' at Gila. They shouldn't ne practicing medicine.

[Fumesucker]

84. Okay

Literally, one of the doctors was named Okay, I forgot the other one already.

[tblue37]

46. That rolling stop he made was at a stop sign in the Walmart parking lot! nt

[jsr]

56. They probably got him for failure to stop before emerging from a private driveway

which is on the books in most states.

[Glassunion]

95. In limited circumstances the police can enforce traffic laws on private property.

I've seen it quite a bit where I live. New Mexico's law and ordinance website stinks, so I'm having difficulty searching for the specific code.

Most traffic control signs have a sticker on the back from the DOT or similar entity with jurisdiction. Those are completely enforceable by any LEO, even if located on private property. Here, if the Township, City, County, or State require us to have traffic control (lights, signs, lines, etc...) those signs are provided by the municipality and the police can enforce them.

Another trick that the police can do while on private property, is if the signs, lines and whatnot are wholly owned and installed by the property owner, and if one was to ignore them, they can nab you but the offense is different. They can't get you for running a stop, but they can get you on careless. A lot have mystical language that covers them on private property open to the public. For this you will usually see language like: A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property.
The offense described in this section, careless driving, applies on any premises open to the public and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class A traffic violation. - OR Traffic Code

[jsr]

97. Here's a link to their code:

http://law.justia.com/codes/new-mexico/2006/nmrc/jd_66-7-346-18635.html
http://public.nmcompcomm.us/nmpublic/gateway.dll/?f=templates&fn=default.htm

66-7-346. Stop before emerging from alley or private driveway.
The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.
History: 1953 Comp., § 64-7-346, enacted by Laws 1978, ch. 35, § 450.

[Glassunion]

87. And?

[4Q2u2]

47. I would have to say that I would have been in a lot of trouble.

I think I would have walked away with multiple counts of assault and battery on a police officer. I would have had someones ear in my teeth before I fell.

The Repukes love to quote Jefferson on The Tree of Patriotism and New Blood and all that crap. This here is a prime example of Tyranny and they probably would cheer the F-ing cops on and say they were right.

[Jesus Malverde]

49. Whats not clear from the story is who gets to pay the thousands

of dollars spent probing his anus. My guess is they will try and bill the patient. Two finger fucks, three enemas, two x-rays and a colonoscopy in todays health dollars is 10K.

Sorely lacking from the article is the name of the "doctor".

[Silent3]

53. It's mentioned at the end of the video, and it's awful. The hospital expects the victim to pay. n/t

[Jesus Malverde]

54. I didn't expect anything less...

I'll have to watch that, the article read like a scene out of the movie brazil.

[Rainforestgoddess]

51. But if he hadn't been doing anything wrong....

Oh right. He wasn't.

[frylock]

55. fuck tha police

[sorefeet]

64. Goes to show you

doctors can be just as chicken shit as cops. How much fucking narcotics could the guy have up his ass in the first place and do these cops and doctors think this is a common way to transport drugs around town??? Jail time for all involved.

[ReRe]

66. Eye for and eye...

... for the cops and the Drs. Period, GDit! But we know that won't happen, let alone hold them accountable otherwise. I swear, this is going to become a land of vigilante justice, if it's not already that. Vigilantism is not pretty. Especially when guns are all over the GD place. I thought this was a land of laws. I thought we were a civilized people. It's sounding less so, as each day passes now.

[AnotherMcIntosh]

68. He's lucky that a cop or a doctor (anticipating liability) didn't plant drugs for the others to find

[Fumesucker]

85. Good point

[justiceischeap]

73. This is very much like what Repubs want women to go through with Transvaginal Ultrasounds. nt

[grahamhgreen]

75. Ex lax is not an option!

[Dawson Leery]

77. Filthy pigs, filthy pigs! Break their unions!

[Trillo]

79. Who is getting billed for the unwanted procedures?

The article doesn't say, I find that odd.

[Seedersandleechers]

80. The video says

the victim is getting charged. Not charging would be a sign of guilt?

[moriah]

107. Being sexually assaulted and being forced to pay for it? FUCK THOSE FUCKNUTS!

Sorry, back to our normal cat pictures shortly....

[kestrel91316]

82. The victim, of course.

[joeybee12]

86. The judge who signed the warrant needs to be taken to task also..nt

[Brigid]

93. Possibly, but . . .

I am thinking the cops may have gone far beyond what the warrant actually authorized.

[HooptieWagon]

108. Yes, the cops exceeded the warrant.

By going into a neighboring county outside the jurisdiction of the warrant, and by performing "procedures" after the warrant expired. What hasn't been made public is the "probable cause" the cops presented to the judge in obtaining the warrant....most likely a pack of lies.

[Dawson Leery]

88. The doctor's involved need to lose their licenses.

[cynatnite]

90. They should have stopped at the results of the x-ray...

It's a noninvasive procedure and should have settled the issue.

I hope he wins a ton of money. What happened is disturbing to say the least.

[Sirveri]

101. non-invasive... other that the dose of radiation he got from it.

But if he doesn't get them very often...

[Ranchemp.]

109. They should have never even performed the x-ray,

the search warrant wasn't legal in Luna County.

[cynatnite]

110. In Oklahoma it's legal...

We've had to do that in the ER I worked at. If it was negative, nothing else was done. The questions were answered. The only way any of the doctors would go further than that was if the xray showed something.

They didn't need a search warrant either. Probable cause was all. Of course, clenching your ass wasn't considered probable cause either. One guy had swallowed a piece of rock cocaine wrapped in foil. The cop saw him do it. The xray showed that in his stomach and something else in his rectum.

I know he was admitted to the hospital under arrest, but I don't know what they did with him after he left the ER. I'm guessing they found a way to move everything along in order to retrieve the evidence.

What happened to this guy here was beyond the pale and I hope he sues everyone involved. I know I wouldn't have been party to something like that.

[hootinholler]

91. So, what do you get for twerking?

Or doing the potty dance?

[gvstn]

94. I'm going to put links to the doctors who are still on staff.

They should be shamed as well.

http://www.grmc.org/Doctor-Directory/W/Robert-M-Wilcox-M-D-.aspx
http://www.grmc.org/Doctor-Directory/O/Okay-H-Odocha-M-D-.aspx

I can't wait to hear how they justify sedating someone against his will and doing an invasive procedure. I'd like to hear verbatim the warnings given to all patients at Gila Regional Medical Center who are about to undergo a colonoscopy which they have to sign a waiver saying they understand the risks before the procedure can be done.

This is the worst I have ever heard.

[indepat]

96. So an alleged minor traffic infraction causing no accident grants the police the right to an anal

cavity search based on a wild-assed hunch rather than probable cause. Welcome to the new 'murikan century wherein judges willy-nilly pass out warrants giving police the right to rape based solely on a hunch and as easily has candy is handed out to trick-or-treaters on Halloween. What's wrong with this picture?

[libdem4life]

99. I'm just trying to imagine the conversation between cops and the doctors.."Hey doc, got a minute?"

boggles the mind...and apparently over the telephone as it's about an hour away, so likely without seeing the warrant? And somehow these doctors don't have time to note the details of the "warrant" before their insertions "a few hours later?"

[eridani]

102. Hospital contact information

Address: 1313 E 32nd St, Silver City, NM 88061
Phone: [phone]
Fax [phone]

How are we doing?
Do you have a Complaint, a Compliment or a Web site suggestion?
http://www.grmc.org/Home/How-are-we-doing-.aspx
Complaint, send to our Patient Advocate: [e-mail]

Neither Robert Wilcox, M.D nor Okay Odocha, M.D. turned up at the doctor search link http://www.grmc.org/Doctor-Directory.aspx
Either they don't work there or the hospital pre-emptively removed their contact info.

[bobGandolf]

103. That is horrible! n/t

[pitbullgirl1965]

104. He was raped and tortured.

Fucking disgusting.

[Boudica the Lyoness]

111. He should be the proud owner of a medical center and

a police department when the dust settles. This has to stop.