The Garden City Telegram
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GCPD reviews actions in arrest
Published 7/2/2009 in Local News : Police
By SHAJIA AHMAD
The Garden City Police Department is conducting an internal investigation of a traffic-related arrest after the woman they arrested accused officers of verbal and physical abuse and neglect.
A Wichita woman and former Garden City resident who was arrested on an allegation of driving under the influence of drugs or alcohol has filed a formal complaint with the GCPD, claiming officers delayed her from getting much-needed medical attention by arresting her after she had a seizure.
Silvia Dawn Atkinson, 27, was arrested at about 10:05 p.m. Friday after a witness reported she was driving recklessly and speeding, said Sgt. Michael Reagle of the GCPD.
Atkinson said officers stopped her in the parking lot of the A&W Restaurant, 3110 E. Kansas Ave., and she pleaded with them to let her have a meal at the business so she could take medication for a neurological medical condition that can cause seizures. Instead, Atkinson said, officers suspected her of being under the influence of drugs or alcohol and performed sobriety tests after asking her to exit her vehicle.
Reagle said officers alerted EMS following an episode Atkinson claims was a seizure. Reagle could not confirm Atkinson's medical condition or the reason for alerting EMS officials, adding that officers arrested her following the incident because they had probable cause to believe she was under the influence of alcohol or narcotic drugs, he said.
The officers present at the scene during the arrest included Jennifer Smith and Matt Markel. Another GCPD officer, Sgt. Amanda Martinez, was called to the scene after the EMS request, Reagle said. EMS arrived on the scene to assess Atkinson, and then she was taken to the Finney County Jail.
Atkinson said that during the arrest, the officers manhandled her, pulled her hair and threatened her family members at the scene to remain in their vehicles when they attempted to help her off the ground following what she said was a seizure.
Atkinson denies both recklessly driving or being under the influence at the time.
"They told me they knew my family and that they know they're always up to no good," she said. "I did yell at them and I was hateful, because I was mad. I felt like I had no reason to be arrested, and I was being treated unfairly."
Harvey Wendle, Atkinson's father of Garden City, said he and his wife arrived at the scene shortly after his daughter was stopped by officers.
He said he spoke with officers after arriving.
"I could tell she was on the verge of a seizure and I told officers that," he said. Wendle said his daughter's seizure occurred when he was asked by officers to return to his vehicle and his back was turned.
"She hit the concrete and her boyfriend got out of the car and cradled her in his arms," he said. "I don't know whether my daughter should have been driving or not given her condition, but officers had no reason to treat her the way they did."
Atkinson said she believes her seizure occurred because she missed at least one dose of her medication prior to the arrest, but that she is allowed to drive with or without the medication, she said.
Atkinson said she and a Wichita-based lawyer plan to file legal action against the police department regardless of whether DUI charges are filed by the Finney County Attorney's Office.
Law enforcement officials have not yet submitted Atkinson's case for review with the county attorney's office, said an official at the county attorney's office. Internal investigations at the police department are independent of a person's court proceedings.
Individuals can file a verbal complaint with the GCPD's Office of Professional Standards or with a supervising officer. Complaints are investigated by both entities, depending on the seriousness of the complaint, Reagle said. An internal investigation is then reviewed by the chief of police, who makes a decision to reprimand or dismiss claims against officers based on the investigation's findings and recommendations of commanding officers.
Thirty-seven complaints were submitted last year, and 42 were submitted in 2007 to the GCPD.
Details of the Atkinson investigation and all investigations related to GCPD personnel are kept private, Reagle said, saying he would not discuss its details.
On the Web:
Garden City Police Department: http://www.garden-city.org/police/index.html
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