Paralyzed man's family disappointed in decision

By Jessica Musicar, Staff Writer
Tuesday, February 26, 2008 | 53 comment(s)

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A Coos County grand jury determination is being met with disappointment by the family of a man who was paralyzed during an arrest attempt last month.

Kaycee Faught, the daughter of Carl T. Foster, 58, said it was difficult for her to believe that her father - now a quadriplegic dependent on a respirator to breathe - resisted arrest.

"I can't imagine my dad throwing a punch at anybody," Faught said.

And, she added, his doctors never told her anything about a degenerative condition in Foster's cervical spine that they now say made him more susceptible to the neck injury.

"Nobody has discussed this with me that there was some other issue going on prior to this break in his vertebrae. None of the doctors or nurses told me about this," she said.

According to a Coos County District Attorney's Office press release, written by District Attorney R. Paul Frasier, last week's grand jury hearing resulted in a 6-1 decision that no criminal charges of use of excessive force be filed against Coquille Police Department officers James Bryant and Chris Webley.

Foster was injured Jan. 12 during an attempted arrest stemming from a Jan. 11 incident in which a vehicle driven by Lucille Phillips, 80, was damaged. The windshield was smashed and other damage had been done to the car. Her passenger, Julie Tabernig, had recently ended a romantic relationship with Foster and had asked Phillips to take her to his trailer on Shelley Road to collect her things.

The press release details information gathered from 16 witnesses brought before the grand jury, from a Major Incident and Crimes Team investigation, as well as from Michael Janin, an expert on the use of police force.

Witnesses heard by the grand jury included Webley, Bryant, Coos County Medical Examiner Kris Karcher, Phillips, Coos County Sheriff's Deputy Tony Watson, Richard Carlson, Coquille Police Sgt. Pat Smith, Casey Carlson, Lila McCovey, Richard Sandor, Detective Scott Rogers, Detective Milo Arnesen, Rose Sandor, Kathleen Sandor, Gayleen Golden and Harriet Morgan.

The grand jury was told investigators concluded the officers had probable cause to arrest Foster, that Foster had resisted arrest and took a swing at Webley, that the officers used an accepted method to take the man down to the ground and had no previous excessive force complaints against them.

According to the press release, Foster has an extensive record and is viewed as uncooperative by Coquille Police.

"His behavior has been such that the Coquille Police Department has labeled him a 'two officer contact,' meaning that if at all possible, no officer should contact him alone," the press release said.

The press release detailed the following:

* During the arrest attempt, Webley and Bryant arrived at or near a house located at 326 Dean St. in Coquille, where Foster was standing in the driveway. When asked about what had occurred the day before, Foster refused to answer the officers' questions.

* He began to turn away and leave. Webley ordered him to put his hands behind his back and Webley placed him in a control hold by grabbing FosterÕs right forearm and upper arm. Foster resisted by rocking his weight back onto his feet and clenched his free left hand. Webley spun him around and attempted unsuccessfully to take him down to the ground. Then Webley spun Foster to the right into Bryant, who took control of Foster's left arm. They both tried to control Foster, but he continued to resist by pushing. After Foster continued to struggle, Webley placed one of his feet in front of Foster's, which caused him to go to the ground.

* "While the officers indicated that they thought Mr. Foster's chest hit the ground first, the injury he suffered suggests that his chin also hit the ground hard and thus hyper-extended his neck towards his back," the press release states. "The evidence developed so far shows that the way this injury occurred was by Mr. Foster striking his chin on the ground as he was being taken to the ground by the police. There is no evidence that in taking him to the ground that the officers used more force than was needed to accomplish the goal of getting him on the ground."

Faught said she questioned some of this information and wondered why her father exhibited no scratches or bruising on his face.

"You would think that if he fell hard enough on his chin to break a bone in his neck, he'd at least have a scratch on his chin," she said.

The district attorney said Foster's physician at Sacred Heart Medical Center, where he remains today, pointed out some pre-existing abnormalities in his patient's cervical vertebrae. The doctor described the vertebrae as full of holes with an appearance like Swiss cheese. A subchondral cyst formation and spurring was seen in the second cervical vertebrae, which had been damaged during the arrest attempt.

"Because the vertebrae in question was 'holey' like 'Swiss cheese' the amount of force needed to cause this type of injury was reduced," the press release said.

Foster's daughter also is concerned about a statement in the press release about a urine analysis. A Coquille Valley Hospital drug analysis on a sample of Foste's urine revealed the presence of methamphetamine. He had first been taken to the hospital on the day of the arrest and was later taken to Sacred Heart in Eugene.

On Monday afternoon, Frasier said he thought the grand jury made the right ruling.

"It's unfortunate, what happened to Mr. Foster. However, given the degenerative problems in his neck, I don't know how it could have been avoided," Frasier said. "(The) only way is if he hadn't resisted arrest."

Faught said she does not know if she will pursue a civil suit against the city of Coquille and its police department, as she is waiting to speak with her attorneys. She also said that her father - formerly unable to communicate - is speaking on a limited basis.

The Yakima resident said her father is improving and she is looking into physical rehabilitation centers that will help him utilize what movement he has available to him, before he comes home with her.

"He has his ups and downs. Sometimes he says, "We'll be fine. We'll get through this,' and there are other times when he'll break down and cry. It's definitely a roller coaster for him."

Foster was listed in good condition at Sacred Heart this morning.

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Fredo wrote on Mar 26, 2008 3:48 PM:

I'm smaat! Not like everybody says...like, dumb...I'm smaat and I want respect!

I'm also smaat too wrote on Mar 26, 2008 12:18 PM:

LYN...
If you had actually read each entry you would see that I was giving "IM SMAAT" a hard time for complaining about OTHER'S spelling on this comments section. I don't mind if words are misspelled. I have contributed to the story but only used this name for obvious reasons.

lyn wrote on Mar 24, 2008 9:53 PM:

hey i'm so smaat it seems to me pretty close to 90% of what you wrote was about spelling and the other 10% was about grammar so don't tell me to say something about the story at hand. The cops were doing their job although alittle to rough. Now the poor guy is paralizes and the city of coquille didn't want to pay so decided to justify everything. since you are so smaat. let me see if you can go and not criticize eveybody and their grammar or spelling and talk about the story. that goes to all you south coast high school grads if you made it that far.

Open Yr Eyes wrote on Mar 23, 2008 1:01 PM:

EDITOR FOR THE THIRD TIME AGAIN-Brittanay,I know that now.we are in the forum on that very topic.please join us!!

Open Yr Eyes/Sorrow wrote on Mar 23, 2008 12:29 PM:

Brittanay,yes I know that!!!Think that's why we got pushed to the forum,hope you will join us.

Open Yr Eyes/Sorrow wrote on Mar 23, 2008 11:57 AM:

Yes,Brittinay,we no,that is why we kicked out.we now are at the forum.hope people will join us.

Brittiany wrote on Mar 23, 2008 1:36 AM:

oh...almost forgot...


just a heads up for "open yr eyes"

maybe the reason you have had to submit the comment about leah freeman three times before they would actually post it, is because... while it is a very unfortunate and sad case... it does not have anything to do with this particular issue.

just a thought...

Brittiany wrote on Mar 23, 2008 1:20 AM:

this paritcular situation gives me fear of the people who are protecting me. You are not supposed to fear your protectors. You should feel safe and protected, not fearful, am i right?

when i open the paper and read that my protectors...those who should make me feel safe...have caused a 58 year old man to become a quadrapalgeic because they could not safely place him under arrest, to read that they have caused so much pain and suffering for one man and one family gives me great fear of these "So called" protectors.

i feel that in this particular situation the police officers who have placed him in such a horrible position feel no remorse. I feel that they are proud that they arrested a man who committed a crime so horrible. if they were to feel so horrible about what they had done, wouldnt you see...maybe a public apology from the police officers at hand? maybe an apology to the family...? but no. we did not see or hear any of that. we see them defending themselves, trying to make it sound reasonable that they have caused this man to become a quadrapalegic.

well im sorry, but you say that they were doing what they were trained to do...taking down someone who resists arrest. well even if he was resisting arrest, HES 58 YEARS OLD!! that is definitley not young! my grandpa is that old and he would definitley not be able to give two in shape and well built young men a struggle when being arrested. they were two young police officers, trained to safely take down criminals. and he was one 58 year old man with back problems.

if he already had back problems, such as the doctor claims, then wouldnt it be even easier for them to take him down? open your eyes and look at the situation...two young strong police officers, and one old man with back problems. their story doesnt even make sense!



sue wrote on Mar 22, 2008 3:21 PM:

we are all innocent until proven guilty. The least amount of force should be used.
So that the police will have the respect from the people that they are risking their lives for.. taking the worst person by the hand. the police have no one else to call. they have to deal with the worst people in town. and most try to resist to some degree. even an innocent person will if he feels he is wrongly accused. It is foolish to resist, we can't fight the law. People do it as a way to communicate their grief, anger. The police, God bless their noble hearts. I love them. It's the hardest job in town, besides being a parent. It takes a brave decent policeman who does not abuse his power and act as judge, jury, & executioner and use more force than necessary to keep the peace and safety of all involved. There have been some who have been falsely arrested, and tortured by being roughly treated . The lack of sleep in some jails is a form of torture.I have known three friends shot in the back by policemen. My friend's husband was an Oakland policeman, who was manufacturing Meth and went to prison. Meth makes everyone, even policemen, violent. Violence ruins the earth, Just ask Noah. that's why he made the ark.

sue wrote on Mar 22, 2008 2:53 PM:

I know if someone forced my hands behind my back and pushed me forward to where I fell down on my face, my automatic reaction would be to resist.my hands are behind my back!

although I have resisted arrest once as a teenager, I was not pushed on my face with with my hands behind my back. They just handcuffed me and carried me away. I had resisted badly.
Then I also remember the arrest at 7-11 when I first saw the strange thing call police brutality. A man handcuffed, leaning face down on the trunk of a car, and the police grabbed hold of his hair and banged his face several times. smashing his nose several times. It was all bloody. And I was thinking why is this policeman doing this when this man clearly was not resisting.

Observer wrote on Mar 21, 2008 2:27 PM:

I am often amazed at the closed mindedness of people throughout our community. This was a very unfortunate tragedy. It affects the lives of the police officers involved as well as the injured party. The testimony provided indicates that Mr. Foster was known to be combative to law enforcement - there was a standing order to have two officers present anytime they made contact with him. There was no way for them to know of his condition and therefore reacted as they were trained. I don't believe their actions to be "macho". In their line of work they never know how people will react or what kind of influences are affecting their physical and mental faculties. Unfortunately, each contact needs to be approached by law enforcement in such a way as to protect themselves and the public. My prayers are with all parties involved.

I'm also smaat too wrote on Mar 20, 2008 9:17 AM:

Well,LYN, what did you add to the story? I think just about everything that can be said has been. Everything seems to boil down to those in Coquille who will never be pleased with what the police do and those who think they can do no wrong. So please add something besides your judgmental attitude.

lyn wrote on Mar 20, 2008 8:24 AM:

when will you people start writing about the story at hand and quit being everyones mom. who cares about the spelling as long as it is about the story. Grow up people or become teachers since you guys are all concerned about everyones spelling or grammar.

I'm also smaat too wrote on Mar 19, 2008 12:06 PM:

Sorry...when one fails to capitalize a word it is considered a spelling error. Try it in your spell checker. Hand the badge in.

I'm smaat wrote on Mar 19, 2008 11:09 AM:

You pointed out a capitalization error, not a spelling error. I will respectfully retain my spelling police badge and grammar police badge. I guess you can have the capitalization police badge.

Cory Courtright wrote on Mar 17, 2008 5:37 PM:

Thank you but that's my sister-in-law Dian. She is the leader (I guess you would say) of the Concerned Citizens of Coquille.

Open Yr Eyes wrote on Mar 17, 2008 3:11 PM:

Sorrow is also me,I think alot about your daughter I can remember hanging pics. of her in car window,and seen many my self in other's window and yet nothing on our local news or newspapers.I did hear not to long ago you were on courthouse doorstep's asking questions,if you ever need someone to hold a sign with you on those doorsteps,I'm here.

Cory Courtright wrote on Mar 17, 2008 3:08 PM:

WOW! Thank you so much Sorrow! Makes me cry to read what you wrote! I can't begin to tell you what things like that do to my heart. I try to tell people that my heart is mending.........but I guess it's gonna take longer than 8 years(if ever). But I am trying. Feel free to visit her web site if you like...www.leahfreeman.com. It's not completed yet (it's hard) but hopefully we will have the courage to continue some day soon. Again - THANK YOU FROM LEAH'S ENTIRE FAMILY.......

Cory Courtright wrote on Mar 17, 2008 2:58 PM:

Thank you OPEN YR EYES! FINALLY!

Sorrow wrote on Mar 17, 2008 2:51 PM:

Cory Courtright- As a mother of 4,Three boys and a girl I do have to tell you that my heart hurts deeply for you.I just can not understand for the life of me why anyone has not been arrestd in this case.I find it hard to deal with the fact that still after all this time there has been no JUSTICE for LEAH or her family,it sadins my husband and I.We pray for you and our hearts will never let us forget.

Open Yr Eyes wrote on Mar 17, 2008 2:30 PM:

I'm not going to stop posting the fact that they push Leah Freeman's case under the rug.Have We forgoten??this is the 3rd time I have posted a comment about this case and it hasnt been posted. who runs the comment selection,our county members who only want to keep it under the rug??as for the case of Mr.Foster,just another mistake thanks to you'r local PD

I'm also smaat too wrote on Mar 17, 2008 9:56 AM:

Yes, it is gone rather than went but the word is Harvard not harvard as it was in their sentence. Turn your SPELLING POLICE BADGE in! We will be watching you and if we see any violations in your grammar we will ask for your GRAMMAR POLICE BADGE as well.

I'm smaat wrote on Mar 17, 2008 9:10 AM:

"Nobody here cares if spelling is correct or not...it doesn't matter as long as the content is comprehensible" Well it's good to know who the spokesperson for the entire community is. By the way, it's "you must have GONE to harvard for sure". I guess "nobody around here" cares about grammar either.

Thomas wrote on Mar 16, 2008 9:34 PM:

Well M. SMITH, there is no indication in the reportage of these officers ever saying anything to Mr Foster about being under arrest, and the incredibly short time-frame in which the pertinent events transpired seems to preclude much being said of any nature before they assaulted him, after which point any words would be moot since they were forcing Foster's limited possible response.

I find it impossible to believe that small Mr Foster would actually resist 2 big officers after being informed that he was under arrest within eyesight of the jail.

Patty_Lea wrote on Mar 16, 2008 1:09 PM:

How is this man doing? I feel for the family!

Cory Courtright wrote on Mar 13, 2008 11:03 AM:

Thank you Bobby. I appreciate that. I was just making sure. People slip up sometimes or don't realize I read this and I guess I was just making sure no one hurt myself or any of my family. We have endured enough pain. Sorry if I offended you - that wasn't my intentions. You are right - the Carl Foster case is an entirely different case from Leah's.

bobby wrote on Mar 13, 2008 10:43 AM:

Cory Courtright
I guess you were addressing me because of my reply to DARE I SAY. I went back and read what I wrote and in none of the sentences were the words "just forget the Leah Freeman case". My comment merely said that the Webley, Bryant, Carl Foster case was not the same situation as Leah's nor would it have been at a grand jury.
I realize that you are Leah's mother and I would never disrespect her or you.

Rocco St. Bruno wrote on Mar 12, 2008 9:11 PM:

It is worth saying again. If you don't want to get beat up by the Police, Don't fight with the Police.

Grrrrrrrrrr wrote on Mar 12, 2008 1:12 AM:

this is sad. i dont understand how two policemen cant handle one person???? So instead they throw him down. Sadly I know police officers and DA's that have quit because of the legal system all within this last year!! This would be a good reason why, because they knew it was messed up. There is not enough people voting.....its sad. I dont live here any more. I feel sorry for the family and am sending my best regards. I guess the simple mace or putting your hands behind your back isent good enough, they got to slam them down because they dont have anything eles better to do.....Its their conscience that they will have to deal with now. Karma........if they were in the wrong, they will eventually see the result.

Cory Courtright wrote on Mar 11, 2008 11:34 AM:

BTW, I AM Leah's mother so please try to be respectful where she is concerned.

Cory Courtright wrote on Mar 11, 2008 11:12 AM:

And so what? Should we just forget the Leah Freeman case? It's all in the hands of the D.A. now. Not much any of us can do anymore. SAD.

lee wrote on Mar 10, 2008 6:13 PM:

you should not be disapointed with the decision, every time someone gets hurt or things dont go the way that would be expected there always has to be someone to blame, boo hoo, blame the man, aka, the criminal.

bobby wrote on Mar 10, 2008 7:47 AM:

Dare I say ...
A jury can only deliberate on the evidence. If the DA uses only information that is favorable to the police and none that is favorable to the Mr. Foster then it is biased. It has nothing to do with whether the jury has made up their mind or not. That doesn't mean the grand jury was wrong..I didn't say that.

It is not a trial, that is why I said procedure...you don't need to call people ignorant. I don't quite see how you have related this to the Leah Freeman case...entirely different situation.

Dare I say wrote on Mar 6, 2008 7:03 PM:

Bobby...it would only be biased if those making the decision (grand jury) had already made up their mind and did not care what evidence was put before them.

If it were so biased, we would have seen someone long ago go to trial over Leah Freeman's death. Everyone has their opinion who they think did it, some crazier than others...yet obviously there is not enough supporting evidence to indict anyone.

bobby wrote on Mar 6, 2008 8:35 AM:

Dare I say ...

You do realize that a grand jury is a biased procedure used by District Attorneys when deciding if there is enough evidence to prosecute. No information in defense of Mr. Foster was presented.

Dare I say wrote on Mar 5, 2008 11:28 PM:

Dare I say that the people who have a problem with the Coquille PD are more than likely those who have been on the wrong side of the law and have had run-ins with the PD and just don't like that they were caught too? It is really silly, the things people write here.

The grand jury are everyday citizens that live here. They were presented with the facts of the case, I am sure alot more than have been released publicly, and they have heard expert testimony as to what the medical history was of Mr. Foster, and how his injuries could have been, and not have been sustained. They made the ruling not to indict. Meaning, they obviously found the police officers to not be at fault. People of this community found the police not at fault, when they were presented with the facts. Not rumors...not unsubstantiated emotional opinions...and they found them to not be at fault. That should tell you that maybe, just maybe, you don't have all the facts, maybe you are just going off of your own misplaced feelings about the police, or maybe you are just ignorant. Whichever the case, it has already been taken to the courts, (yes boobers....we do have 'real' courts and judges) and there just was not supporting evidence to say the police were in the wrong.

It is sad what happened to all involved, but people make stupid decisions every day and they have to live with the consequences of those decisions. Mr. Foster's consequences of resisting arrest were pretty rough, but so are alot of others who make stupid decisions. Those who choose to drink and then drive, and wind up killing someone. They may have not meant to kill someone...but those were the consequences of their actions. Stupid decision they made, but they have to live with that....and unfortunately so do the ones that were also hurt around them.

coastal friend wrote on Mar 3, 2008 6:44 PM:

Anybody that is this upset with their police dept. should get out of town and quick. If you are this distrusting, I would think you may want to leave the area.
But, do not be surprised if wherever you land, you will complain about that police dept. also. There are people who want to find fault with everything. Who are unwilling to accept any responsibilty for anything. Do you people even bother to vote to change what you do not like?

PacMan wrote on Mar 3, 2008 1:44 AM:

Hey there concerned, citizen why dont you give us a history lesson of Coquille Police excessive force. Something that is a matter of public record that proves it that was ruled on by a judge or Jury.

I'm also smaat too wrote on Feb 29, 2008 6:18 PM:

Nobody here cares if spelling is correct or not...it doesn't matter as long as the content is comprehensible. Maybe you have a reading problem that is aggravated by bad spelling.

I'M SMART TOO wrote on Feb 29, 2008 3:12 PM:

Hey Im Smaat wow, you can spell, you must have went to Harvard for sure...
How about "pair of lies" for the two policemen, like that better. Do you read the World newspaper and correct all the mistakes in their spelling everyday, sure hope so...they need correcting. You have a job there....

LC wrote on Feb 27, 2008 4:33 PM:

THOMAS...You are so right. Should not be too hard to see if there was an actually arrest warrant for Foster. And no you do not have to answer any police questions and can leave unless you are being placed under arrest. Even after being arrested you do not have to talk to them. Does any one know if the police went there with a warrant? If not, Foster did have the right to turn and walk away and not talk to them.

CONCERNED wrote on Feb 27, 2008 9:04 AM:

Who said Mr Foster resisted? The 2 officers that broke his neck? hmmm Wonder how many would say the same if they broke someones neck! Looks like people are focusing on Mr Fosters background of driving on suspended lic. and justifying a broken neck! If he was sooo serious and needed to officers, I guess some sort of recording advice should of been used the ones promised that you could buy for 10 bucks. ha ha ha This whole police force is a joke!

Im smaat wrote on Feb 27, 2008 9:00 AM:

It's paralyzed not paralized. I think you should be more "concerned" about your edumacation. His condition is listed as "good" because he is not in imminent danger of death...i.e. critical, guarded, stable condition. These terms have specific meaning and are not a commentary on quality of life. Some things I've learned "over a" third of a lifetime.

M. Smith wrote on Feb 27, 2008 8:51 AM:

"no mention in this of the officers ever saying anything to Foster that would indicate they were attempting to arrest him."

Come on, even someone with limited mental capacity would know a cop is going to say "You are under arrest for . . ." before they do anything. Lets not just make stupidity the thing we are known for in Oregon

Thomas wrote on Feb 27, 2008 7:54 AM:

Frasier said. "(The) only way is if he hadn't resisted arrest."

A curious comment given that there is no mention in this of the officers ever saying anything to Foster that would indicate they were attempting to arrest him. A citizen is not required to answer any officers questions, and has a right "to turn away and leave" if not under arrest. If assaulting someone is considered to be an example of proper police behavior, then we do have a problem.

Jodie wrote on Feb 26, 2008 9:55 PM:

The medical information is probably given by The Medical Examiner who helps bring the truth by forensics. I am sure since this was a very involved case people in the medical profession or involved in the case are not handing out information since this will be a probable ongoing case. Imagine if your vertebres were in the appearance of swiss cheese. You think that is stable enough? This is the stuff the people making money off of drugs don't tell anyone. I call this "the bare naked truth" and I try to distill the facts of illicit things to my children so that they hopefully make the right decisions. Obey the law and things have a way of working out properly. I was taught many years ago to respect authority and those who do not pay the price whatever that mey be.

boobers wrote on Feb 26, 2008 9:12 PM:

Why dont we hire real police officers and judges not the pretend ken and barbie style who dont know how to do thier job and honestly the officers in coos county should be retrained by real cops who know how to do their jobs not these fake donut eaters we have on duty who are just fake wannabes oh ya if we had a real judge and jury we would be better off not the jerry springer style we have and coquille law is a joke

Thomas wrote on Feb 26, 2008 6:20 PM:

It appears from just the official press release that the Foster family has a "slam dunk" case against our police.

Dave wrote on Feb 26, 2008 5:03 PM:

"Concerned Citizen" above shows his/her mind set by saying "police officers always." The only situation where Concerned Citizen would be happy would be one where there are NO police officers. I would suggest that he/she move there. If the entire Coquille PD were replaced, Concerned Citizen would find fault with their replacements.
You might want to Google or wiki "methamphetamine" and see what some of the side effects of meth use are....like brittle porous bone structure. The judgment of the Grand Jury is not enough for the police haters; I doubt that a favorable judgment by God himself would please these angry people.

Concerned citizen wrote on Feb 26, 2008 2:44 PM:

By the way, how can you be in GOOD Condition when you are paralized ?

Concerned citizen wrote on Feb 26, 2008 2:42 PM:

From what I have observed over a lifetime is that police officers always use more force than is needed and are never careful about the people they are "handling" whether it is male or female, armed or unarmed. they seem to like to show their macho strength whether they have it or not. When it takes two or more officers to put down a 90 lb. person, they don't need to be so "tough acting". Being "macho" with a gun around your waist isn't very manly or macho in my mind, and especially when there is two or more of them. Who trains these guys anyway.??

skeptic wrote on Feb 26, 2008 12:31 PM:

I don't see any doctor listed in those who testified before the grand jury. It is hard for me to believe Mr. Frazier when he doesn't identify the doctor and would the hospital violate HIPPA laws by giving out that information?

Mike wrote on Feb 26, 2008 12:15 PM:

The GRAND JURY made the right decision based on the facts.

The two officers should now be able to continue serving the public without the likes of the "anti-police" mob growing in Coquille.

Mr. Foster was in the wrong. The officers acted on their training. Enough said.

What should be watched now is the growing anti-law anti-police group in Coquille. Who at every turn deem any action by any government agency to be in the wrong. Ludicrous.


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