lake mead labor day story

[jaevo]

For years I have lurked on this site. After this weekend I decided it was time for my first post. I have a vacation house in Boulder city where we keep a couple of boats which I and the family use on Lake Mead and Mojave.
On Saturday I, my wife, and our three teenage kids were returning from Sandy point to Temple bar where we had launched that day. About ten minutes from Temple bar one of the kids fell while wakeboarding. At the time
there was only one other boat moving across the channel in the opposite direction and about 1/4 mile away. As the other boat started to approach us we recognized it was the sheriff and belatedly got our flag up. The sheriffs (two of them) took my daughter on to their boat and gave her a citation ($98). They return her to our boat.
Now it gets interesting. I tell them that there must be better things that they should be doing on a Labor Day weekend than giving a family a ticket for raising their flag too slowly on a near empty section of the lake (it was about 6:30 pm) I had already seen plenty of stupid druken behavior that weekend. I facetiously tell them that they should be proud of themselves and that they are doing a real bang-up job. Deputy Richard Allen of the Mojave county Sheriffs department tells me that if I won't be quiet he will bring me on his boat. I tell him that's fine and that he can give me an alchohol test while he's at it because of course I have not had anything to drink. He demands that I get aboard the sheriff boat which I comply with. After more discussion during which I continue to disagree with him he tells me that if I do not shut-up and be quiet he will arrest me. I at no point swear or yell at him but but I continue to voice my point of view. He places me under arrest.
At this point Deputy Allen has this maniacal look on his face and looks like he would like nothing better that to take a swing at me. He puts the cuffs on me a pushs me down on the rear seat of the boat. He tells me we are going back to South Cove (near Sandy Point). We start the trip with him standing above me with that same "I'm about to lose it" glare on his face. When we arrive at South Cove we find that my wife and three kids have followed us. They are told to go back to Temple Bar and fend for themselves. When informed that darkness is 20 minutes away (its a 30 minute trip through a rock sided channel) and that none of the four has ever night navigated before we are told that that is not their problem because they should not have followed us and that I created this problem with my actions. They are unable to tell my wife what will happen next to me. When she asks if they would like my ID they say that without it I will automatically spend the night in jail.
They head off across the lake and I am brought up to the Sheriff/ Ranger station for processing. They write a report at the station for the next 1 1/2 hr and I sit on their green vinyl couch with my hand cuffs on. At this point I am worried about the saftey of my family and tell them that I think they are showing horribe judgement by sending them of across the lake in the dark. Office Allen responds by coming over and yelling at me. I am told that it my unwillingness to shut up and be quiet that got them in this situation.
As they finish writing their report I am given my cell phone to try and reach my family. Deputy Allen's supervisor (the other Sheriff, from the boat, a Sargent) is himself starting to act a little worried because the National Park Service had been told to keep an eye out for them but had not yet seen them. After about a dozen attempts I finally reach them and find out that they made it safely.
The Sargent tells me that he has persuaded Deputy Richard Allen not to keep me in jail for the evening and he drops me off on the highway on his way home where my wife is told to meet me. After over 3 hours I am finally uncuffed and released.
I have a court appearance in October in Kingman. The charge is Obstructing a Governmental Process. Here is the definition under Arizona law
13-2402. Obstructing governmental operations; classification
A. A person commits obstructing governmental operations if, by using or threatening to use violence or physical force, such person knowingly obstructs, impairs or hinders:
1. The performance of a governmental function by a public servant acting under color of his official authority; or
2. The enforcement of the penal law or the preservation of the peace by a peace officer acting under color of his official authority.
B. This section does not apply to the obstruction, impairment or hinderance of the making of an arrest.
C. Obstructing governmental operations is a class 1 misdemeanor
I am 51 year old white male who was not even on the boat with these guys as this thing started to spiral out of control. I am healthy but certainly not physically imposing. I have never had anything worse than a traffic ticket. Either one of these guys could have broken me in half. I did not swear, yell or scream at them. I have no idea how they could even begin to claim that I posed a physical or violent threat. I am assuming their report will bear this out. I thought they were over the top and was guilty of telling them so. Apparently for these guys that enough.
I post this for a few reasons.
Has anyone had a similar experience?
Do you think these guys were wrong?
Would filing a formal complaint help stop this type of behavior?
Any other comments?
Thats my Labor Day Story. Sorry if it rambles a bit.

[pixrthis]

That's insane, but I find the best way to deal with a--holes like that is "yes sir, no sir".
Good luck fighting it, I'd love to see the guy punished as he should be.
My dad took a cop to court and won but the prick reported him to DMV as unable to operate a vehicle. They suspended his license so he had to take the test like he was 16. Then his insurance went up because of the sob who thought he was driving to slow.
Alot of good people do the job but I've learned that they protect their own, even the bad ones.

[dexman]

WOW. THats sad to hear .

[beerjet]

I have not been in this position myself but I often think that when you get an "officer" in a position where he is wrong and obviously wasting time . They will take it to the next level and arrest you and further waste your time since they are getting paid for wasting your time and sending your family into the darkness risking life and limb (but it's your fault :notam: ) . I wonder how some of these ego driven douche bags sleep at night . "Yup ! I really showed that guy !"
-beerjet-

[JetBoatRich]

Sounds like a bad story no win situation in front of you :yuk:
Get a laywer and fight it, cost you money and time :yuk:

[RitcheyRch]

Interesting story. Guess they had nothing better to do that day.

[robsformula]

Get a good attorney and fight it. He had no right to arrest you and put your family in jeopordy of its safe return to the docks. He needs more than just a hand spanking. He is the type of officer that puts a bad name for the rest of them. Just like drunk boaters do for the rest of us. I would fight it all the way until I get a written apology from the officer and department.

[SummerBreeze]

Wow
What a bad thing to happen.

[jaevo]

Isn't there a boat cop on this board. I would love to get his perspective. By the way, this is the first time in over 35 years of boating that I have ever come up against this kind of attitude by some one involved in law enforcement on a lake.

[DILLIGAF]

In that situation it is best to go the yes sir, no sir route and be done with it. I know that it upset you but it is a losing proposition as the way it turned out proved.