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xMenace
06-02-2007, 05:08 PM
Jacobs & Ferraro, LLP :: Redwood City District Attorney Dismisses Assault and Resisting Arrest Charges Against Mr. Natural Universe (http://sev.prnewswire.com/health-care-hospitals/20070601/AQF10401062007-1.html)

Redwood City District Attorney Dismisses Assault and Resisting Arrest Charges Against Mr. Natural Universe

Redwood City Police Department to Educate Officers about Identifying and Assisting Victims of Diabetic Shock


SAN FRANCISCO, June 1 /PRNewswire/ -- Jacobs & Ferraro, LLP today announced that the Redwood City, Calif. District Attorney's office has dropped all charges against Doug Burns, a Type 1 diabetic, stemming from an April encounter with police in which officers subdued, maced and injured him while he was in the midst of a potentially life-threatening episode of diabetic shock.

Mr. Burns, the reigning winner of the Natural Universe Bodybuilding Championships, a steroid-free bodybuilding competition, serves on the board of the Silicon Valley branch of the American Diabetes Association and devotes his time to helping children suffering from diabetes.

"I am relieved that this unfortunate episode is finally over. I only hope that it will serve as an important milestone for diabetes awareness in the Bay Area and beyond," said Mr. Burns. "With diabetes in America growing at such an alarming pace, it is important that our communities, including law enforcement, are educated and trained about how to identify life-threatening insulin shock and provide the right kind of assistance."

On April 1, 2007, Mr. Burns was at the New Century Movie Theater in Redwood City when he began to experience low sugar levels. To stabilize his blood sugar and prevent insulin shock Mr. Burns walked towards the theater snack bar to purchase a candy bar. However, a theater security guard mistakenly thought Mr. Burns was intoxicated and escorted him out of the theater and away from the snack bar. Outside, Mr. Burns quickly descended into severe insulin shock, at which point his physical faculties deteriorated and he became increasingly non-responsive and dazed.

Redwood City Police were summoned to the scene after witnesses reported a man "acting strangely." According to police at the scene, Mr. Burns was not responsive to their questions and would not leave. Mr. Burns reportedly struggled to regain entrance to the theater, at which point the police forcibly subdued, maced and handcuffed him. Police then summoned the Fire Department to flush the pepper spray from Mr. Burns' eyes.

Paramedics convinced the police to remove the handcuffs and performed a simple blood test that revealed that Mr. Burns' blood sugar level was just 26. According to a paramedic who treated Mr. Burns at the scene, Mr. Burns' glucose level was extremely low and constituted a medical emergency. The paramedic immediately treated Mr. Burns with a glucose infusion.

Later, despite the weight of the medical evidence regarding the impact of such a low blood sugar level and Mr. Burns' insulin shock, the District Attorney's office filed charges for resisting arrest and assaulting police officers.

According to medical experts in diabetes and endocrinology, a blood sugar level under 40 is considered a serious health threat and could lead to permanent brain damage, coma or even death if untreated. Medical experts consulted by both the prosecution and defense attorneys after the incident agreed that Mr. Burns lacked any awareness of his conduct during the alleged incident.

Mr. Burns was represented by the San Francisco firm Jacobs & Ferraro. After weeks of negotiation with the Police Department and District Attorney's office, prosecutors agreed to dismiss all criminal charges against Mr. Burns for "insufficient evidence." Additionally, Mr. Burns' attorneys report that Redwood City Chief of Police Louis A. Cobarruviaz, Mr. Burns and the American Diabetes Association will work together to help improve the training provided to the Department's officers so that they can better identify and help citizens who might be suffering from insulin shock. Chief Cobarruviaz reports that the department has begun showing officers a training video supplied by the American Diabetes Association.

"Like a lot of people, we were stunned that the District Attorney actually filed these charges," said Burns' attorney Micah Jacobs. "Even after we provided the District Attorney's office with all the evidence indicating that Mr. Burns was experiencing a medial emergency, they needed time to educate themselves about diabetes and insulin shock. This case shows that the diabetic community still has a long way to go in educating law enforcement but it also shows how effective community support can be," Jacobs added.

Recognizing the need to help raise public and police awareness about the signs of diabetic shock, Mr. Jacobs and the firm's managing partner Eric Ferraro agreed to donate their services to Mr. Burns on a pro bono basis, to defend Mr. Burns while helping improve communications between the diabetic community and law enforcement.

For more information on diabetes and insulin shock, please visit the America Diabetes Association website at American Diabetes Association Home Page (http://www.diabetes.org/home.jsp).

Jacobs & Ferraro, LLP is a San Francisco Bay Area boutique business law firm specializing in corporate and business transactions and complex commercial, intellectual property and securities litigation. The firm occasionally represents clients pro bono in cases presenting important issues.

Contact: Micah R. Jacobs, Esq. Jacobs & Ferraro, LLP One Embarcadero Center, Suite 1200 San Francisco, CA 94111 Tel: (415) 732-3787 Fax: (415) 732-3786 Jacobs & Ferraro, LLP (http://www.jacobsferraro.com/)

jerryn
06-02-2007, 06:29 PM
Hmm... Mr Burns should sue thier asses. He almost died due to ignorance. If they paid him 10 million dollars they would think twice before doing something so stupid. Maybe he should, sue , take some for himself and use the rest as seed money to fund research for an actual cure insead of just treatment.

Cyborg
06-02-2007, 07:57 PM
So what really happened? Did he attack some police officers on accident because of his hypo?

JediSkipdogg
06-02-2007, 08:06 PM
So what really happened? Did he attack some police officers on accident because of his hypo?

In short, yes. He was having a hypo so bad that he went into a frenzy hunting for sugar. Police arrived, didn't know what was going on, and took him into custody because he started to fight them while trying to get sugar. Later on when medics arrived they discovered he was diabetic but the police still charged him. And personally, I think the police did everything right or else people would start abusing and claiming diabetes when they get into a fight.

Cyborg
06-02-2007, 08:24 PM
The police did their jobs, but I'm sure it must have been interesting... Big dumb *** needs to carry glucose! (don't tell him I said that) :afraid:

shockme
06-03-2007, 08:11 AM
omg!!!poor man!he oughta sue ther a****off!one question-was he wearing some sort of medical alert jewelry?!trish

JediSkipdogg
06-03-2007, 07:54 PM
omg!!!poor man!he oughta sue ther a****off!one question-was he wearing some sort of medical alert jewelry?!trish

Still wouldn't matter. We once had an incident with a local guy that lived in our city. He use to be a great guy, till he did drugs, and it truely fried his brain. So then he became mentally ill. He would do things such as walking down the middle of the busiest road in our city. We knew since he fried his brain that he didn't know what he was doing half the time.

Well, one day he went into a local Speedway station and got upset that they raised their prices on something. So he went into a rampage and through whatever he bought at the clerk then continued to tip other items over. We responded and he got into it with us. So we had no choice but to charge him with criminal damage and obstruction. Both charges then stuck in court.

BriOnH
06-03-2007, 08:48 PM
The police did their jobs, but I'm sure it must have been interesting... Big dumb *** needs to carry glucose! (don't tell him I said that) :afraid:

Seriously!!

Thanks for the follow up with this John! I've been wondering from time to time what happened with this. He should have at least gotten a slap on the wrist. Like some community service. I wish it would have reached the courts as well. Diabetics need to be responsible for their actions. It's things like this that prevent us from getting a pilots license, drive buses, get advanced scuba certs, etc.

andypoo
06-04-2007, 12:21 PM
My brother was in a similar situation. He started acting strange (hypo) at work and got to where he couldn't respond coherently to his boss and co-workers,they were all making fun of him(thought he was drugged ). Finally his boss took him to the nearest clinic,and when he got their they made him call someone(me,nearest relative) I knew immediately that he was having a hypo(over the phone,even) a nurse got on the phone so I told her give him something immediately,he's having an insulin reaction! She asked if I could come up there,I say of course I'll be right there! So, I grab a coke and go up there,by this time another 15 minutes have gone by. When I get there,he's still sitting in the waiting room next to his boss. My brother's staring into space ,sweating profusely,I'm like did anyone give him something for low bg? "no,they say",not until he sees the dr. I say"I've got a coke for him",They say,"don't give him anything. One thing leads to another,Finally they get him in there and he's is completely having a seizure and yelling obsenitys and soitting and saying That he wants to die. And I am yelling at them that he's having a diabetic seizure"you idiots! Finally they manage to get his blood and it is like 26 or something. They say OMG He's having a hypo(DUUUUUUUHHHHHHHHHHHHH)!!!!!!!. Guess what they do next ,they try to force spoonful of sugar down his throat. Well he spits it out. Finally I take the coke out of my pocket and gently help him drink it. He gets better, but because he said he wanted to die they take him away to a hospital to the mental ward. They feed him there and he recooperates and goes home End of story.

Injecto
06-04-2007, 12:29 PM
He should have at least gotten a slap on the wrist. Like some community service. I wish it would have reached the courts as well. Diabetics need to be responsible for their actions. It's things like this that prevent us from getting a pilots license, drive buses, get advanced scuba certs, etc.


No, and no.

This is where justice comes into the law. If he was legitimately unaware of his behaviour then he is not responsible (it's the same reason you can't charge a two year old who shot daddy with a gun). Don't sit there and tell me that every diabetic who goes to low is solely at their own complete and utter irresponsible fault because we all know there are times when **** happens and it's beyond all reason. That is akin to blamming a person, therefore, for getting diabetes in the first place. Some lows, just like highs, are going to happen.

We have no idea if he had glucose on him. Many many many diabetics lose reasoning when they go low and may not remember that they have it in their pocket. What if going low happened before he could rationally react? Heck, there are plenty of people here on this board that admit to that.

And the reason we can't be pilots, drive busses etc... is because of the unpredictable nature of the disease no matter how good the control usually is. Well, that coupled with the large percentage of dumbA$$es who will be irresponsible not matter the occasion.

Mich
06-04-2007, 06:07 PM
I really must agree with Brion. I have NEVER had a situation where I did not have my glucose with me. I am notorious for holding everyone up as we "spontaneously" go out the door for a walk while I go get it and slip it into my pocket. I usually do an ID necklace check at that time too.

I was denied a job with an airline as a flight attendant because I took too large a daily dose of insulin. Or that's what they said anyway. I was 22 and taking 24 units of NPH with boluses of regular for meals. I was very let down over the unfairness of it all. A few years later, I was let go in my first week by an insurance company who didn't hire uninsurable people to work for them... And then there were the flying lessons I always wanted to take.

Thank goodness things have changed somewhat.

I agree that diabetics should always be prepared. They can keep the preventable diabetes-caused accidents down to a minimum and show people we can do anything we choose.

We, like anyone else have a certain amount of accidental things that go wrong without bringing them on ourselves.

No, it's not fair, especially for kids to have to be THAT responsible. It's just the way it is. And it still steams me that the police evidently had no training to recognize the problem.

Just my two cents. Mich

JediSkipdogg
06-04-2007, 06:25 PM
It's just the way it is. And it still steams me that the police evidently had no training to recognize the problem.

GUy robs a bank...police arrive, shouts he is a diabetic and is having a low. Should the police say, "Sorry, we'll catch you later when you fix your low?"

Or how about the 20 some year old we had last summer. He was a diabetic that crashed his car into the woods, got out, walked home, and left us with lots of questions when we arrive on scene to a vehicle down a ditch in some woods with no driver. We cited the guy for reckless operation because if there happened to be a kid walking on this street (and it was a pretty packed neighborhood street) he could have killed that kid. When we found his house and found him, he admitted to a low. We still cited him in that case.

Mich
06-04-2007, 06:38 PM
Jedi,

Not saying the guys you mentioned should get away with anything. The crash guy should have had his glucose with him, known when he last injected and tested before he drove, particularly if he knows he doesn't "feel" a low.

We have many friends in law enforcement and I have nothing but respect for them and the situations they handle. It's absurd to say a bank robber should be let go. It's just that perhaps the EMTs should be called, or a pitstop at the hospital is in order...ON THE WAY TO THE POKEY!

Hats off to you for what you do. Mich