Monthly Archives 2003
|
Monthly Archives 2003
|
January 2003I want to sign a complaint Cody Police Officers often
hear this statement from angry and upset persons as they report traffic
violations or other misdemeanor offenses.
Sometimes the investigating officers ask the complainant, “Are you
willing to sign a complaint?” What does “signing a
complaint” entail? What is the
procedure? When explained, “signing a
complaint” will sound like a fairly complicated, time consuming and troublesome
procedure. You might even think that
the procedure is set up to discourage citizens from participating in the
process. This is not the intent. The Cody Police Department encourages people
who have witnessed infractions to come forward to assist with the enforcement
of all laws and ordinances. For most misdemeanor laws,
an officer can only issue a citation for those offenses that he/she actually
sees happen in their presence. A
classic example would be an officer seeing a car go through a stop sign. In this case, the officer would make a
traffic stop and a citation could be written to the driver. The citation is a summons to
court to answer for the alleged violation.
It is issued as a courtesy rather than the officer making a physical
arrest. The defendant must sign a
citation or face the possibility of an arrest. Signing the citation is not a plea of guilt. By signing, the defendant only promises to
appear at the assigned court, date and time where a plea would be made. When an officer is told
about a violation by a third party, he/she evaluates the possibility of
bringing a viable charge. Essentially,
the more good information the complaining witness can provide, the better. A description of the incident that consists
of, “A brown car, with a guy driving,
went by here really fast!” might not be prosecutable. A statement that is: “A red Pontiac with
license number 11-XXX slide sideways around this corner and nearly hit a parked
car. The driver was a teenage girl with
blond hair in a pony tail.” would present a much better case. The process would begin with
the witness providing a written statement to the officer. The statement should provide as much
pertinent information as possible including descriptions of vehicle/person and
what occurred. Using that information,
the officer will attempt to locate the alleged offender. The offender will be given the opportunity
to provide a verbal and/or written statement also. Using the statements, the
officer will prepare a written report.
The written statement(s) will be included. The report would be forwarded to the appropriate prosecuting
authority for review. The Park County
Attorney’s Office would review cases involving Wyoming State statutes and The
City Attorney’s Office would review those involving City of Cody ordinances. Each of those offices would
review the information to assess if a violation had occurred and if so, which
violation would be most appropriate.
They also review the provability of the case. If the case has merit, the
prosecutor prepares a statement of the information that the complaining witness
has described. That information is
forwarded to the appropriate judge and the complaining witness goes before the
judge to swear an oath that the information is true. The witness then “signs the complaint.” Along with the information
sent to the judge is an attending Summons to court for the alleged
defendant. If, in the judge’s opinion,
charges are appropriate, he/she signs the Summons making the charge
official. This signed Summons is served
to the defendant setting a court appearance date. At the court appearance, the
defendant can enter a plea. The complaining witness may choose to be at this
hearing but is not required to do so.
If the defendant pleads “Guilty,” a statement of the facts of the case
will be presented to the court. The complaining
witness, if present, may get the opportunity to make a statement at this
time. The judge will then assess the
penalty of a fine, jail or both. If the defendant enters a
plea of “Not Guilty,” a trial date will be set. The trial may be a “bench” trial or a “jury” trial depending on
the alleged offense and the desire of the defendant. In a “bench” trial, the judge is the only person deciding the
outcome of the trial. In either case,
the complaining witness will have to appear to testify to the information
concerning the incident. As I stated at the
beginning, the process of “signing a complaint” is quite time consuming. After learning what the process entails, the
potential complaining witness often elects to have an officer find the violator
and just warn him/her about the violation.
The willingness to proceed
in “signing a complaint” is closely aligned with how serious the violation is
in the eyes of the witness. Anger can
also be a factor. If an incident
repeatedly occurs, involves a “close call” with loved ones or is a pet peeve,
complaining witnesses are, many times, more willing to follow through. One last thought:
Police officers cannot be everywhere at all
times. We have all heard someone say,
“There’s never a cop around when you need one.” Remember that you, as a person who is willing to “sign a
complaint,” can be an extension of the police presence in the Cody Community
and can help to make Cody a safer place to live. Sgt, Gene P. Plambeck
March 2003How Do I Know If I'm Following Too Closely?
Every year, the Cody Police Department investigates many accidents that occur when a driver collides with the rear of a vehicle in front of him. Following the investigation, more times than not, the rear-most driver is found to be at fault and may be cited into court. The offense is most-often, “Following Too Closely.” According to the applicable Wyoming State Statute, 31-5-210 (a), “The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.” This statute is a part of the City of Cody traffic code and is applied statewide. Some years ago, a “rule of thumb” way of determining the proper distance between cars was to leave one car-length distance between the cars for every 10 miles of speed the vehicles were traveling. It was a bit cumbersome to check your speed and then estimate six and one-half car lengths for 65 miles per hour. This rule was intended for “ideal” road conditions and depended on all drivers being able to accurately estimate distances (or car lengths). A rule was originated, more recently, that involves time rather than distance estimates. It is called the “Two-second Rule” and automatically creates more distance between vehicles at higher speeds without changing the method of application. To apply this method, at whatever speed, the rear driver notes a stationary object (delineator post, sign post, mark on the highway, etc.) near the roadway ahead. When the rear-most portion of the car ahead passes the object, the driver begins a count off the seconds until his own vehicle’s front end reaches the same stationary object. Under IDEAL conditions, if the count is at least two seconds, the driver is a safe distance behind the front vehicle. To correctly demarcate one-second intervals by counting, say the words, “one thousand one, one thousand two, one thousand three, …” or “Mississippi one, Mississippi two, Mississippi three, …” at a normal speaking rate. This will be quite accurate for a one second counting rate. Keep in mind that the “Two Second Rule” is for IDEAL conditions and should create a safe distance to react and slow or stop to avoid a rear-end crash. It is up to the driver to allow more space if the roadway is downgraded by wetness, ice or snow, surface condition (gravel or rubble). Less than ideal conditions can also be created by heavy traffic, heavy pedestrian traffic (especially children), livestock or wild game areas, or the driver’s slowed reaction times due to age, handicap or other impairment. In these cases, the driver can quickly increase the distance (safety zone) between vehicles by increasing number of seconds counted between the vehicles. For instance, if, the count of two seconds is doubled to a four-second interval, the distance between cars is automatically doubled too. This method can be applied quickly and easily at any time, without the driver removing his/her eyes from the road. It is a great teacher for inexperienced drivers to get them to “get the feel” for what is a safe following distance. A parent or instructor can easily perform a quick check to verify a safe following distance without needing to know the speed. The next time you are behind the wheel, check yourself with the “Two Second Rule” and let it help to bring you, your family and friends home safely. Sgt, Gene P. Plambeck
May 2003The Wyoming Drivers LicenseThere have been some changes this year with the Wyoming driver's license, so I thought I would go over the statute with you. First I would like to let you know what a Wyoming resident is, as there are many queries as to this. According to W.S.S 31-1-101 (a) (xxi) (A), a resident is: The statute that changed is W.S.S 31-7-107, which talks about persons exempted from needing a Wyoming driver's license. A non resident in the past was legal with a valid driver's license from another state until it expired. The new law states: 31-7-107 (vii) A resident possessing a valid driver's license issued by a member state of the Driver's License Compact, W.S.S 31-7-201 and 31-7-202, provided: Another common question is the driver's license as it relates to students. Students of post secondary schools are covered as follows: 31-7-107 (v) A nonresident full-time student at the University of Wyoming, a Wyoming community college, a school licensed in this state offering post-secondary education or at a parochial, church or religious school as defined by W.S.S. 21-4-101(a)(iv) offering post secondary education, who has in his immediate possession a valid license issued to him by the licensing authority of his place of residence. I hope this helps in understanding the driver's license statute. This covers just a small section of the total statute. If you would like further information, please contact us at the Cody Police Department or review the statutes on line at the Wyoming State Legislature. Sergeant Steven Penwell
June 2003Child Safety Restraints
There have been some changes in Wyoming Statutes regarding child restraints that every one needs to be aware of. The statutes now require that all children who are eight years or younger, and who weighs eighty pounds or less, be properly secured in a child safety restraint system, and not in the front seat unless the vehicle only has a front seat. The statute also states that it is a violation if the restraint system is not used in accordance with the manufacturer's instructions. The only exceptions are: A licensed physician has determined the physical or medical condition of the child requires the child not be secured in such a system. The operator of the vehicle must have in possession the signed statement of the physician; An operator of a vehicle is rendering aid or assistance to the child or parent; Emergency vehicles are exempt. The definition of a " Child Restraint" is any device which is designed to protect, hold or restrain a child in a privately owned, leased or rented noncommercial passenger vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident or sudden stop and which conforms to the standards prescribed by 49 C.F.R. 571.213 or to applicable federal motor vehicle safety standards. Please note that different devices are designed for different age and weights and must be selected accordingly. For more information please refer to documentation of the different restraint manufacturers or contact the Cody Police Department at 307-527-8700 or write us at cpd@parkco.wtp.net Let us all work to keep our children safe. Sergeant Steven Penwell
July 2003Safety Belt UsageAs a follow up to last months article on child safety restraints, I wanted to provide the state safety belt statute. Wyoming State Statute 31-5-1402 requires that each driver and passenger of a motor vehicle operated in this state shall wear, and each driver of a motor vehicle shall require that a passenger under twelve years of age shall wear, a properly adjusted and fastened safety belt when the motor vehicle is in motion on public streets and highways. As related to last months article, this does not apply to children who are properly secured in a child safety restraint. Other exceptions are: any person who has a written statement from a physician stating the use of a seat belt is not recommended for physical or medical reasons; any passenger vehicle which is not required to be equipped with safety belts under federal law; any person occupying a seat in a vehicle in which all operable safety restraints are being used by the driver or passengers and any person occupying a seat in a vehicle originally manufactured without a safety belt. A vehicle may not be stopped solely for a seat belt violation, but both driver and passengers may be cited if stopped for another violation. The Cody Police Department and Law Enforcement Officers of Park County ask that all occupants of a motor vehicle use their seat belts as required. Not only is it the law, it is for your safety. Many deaths each year are contributed to not wearing a seat belt. For further information, check out the Public service announcements on the State of Wyoming site or call the Cody Police Department at 307-527-8700 or write us at cpd@parkco.wtp.net . Sergeant Steven Penwell
August 2003Community PrideIn the early morning hours of June 20th, officers from the Cody Police Department responded to a male subject at the city park who was turning over tables, tearing up the garbage containers and spreading garbage through out the park. Officers did apprehend and arrest him on several charges. During the investigation at the scene, five young ladies from Cody, who were at the park when the incident happened, offered to help pick up the mess that had been made. With smiles on their faces and lots of enthusiasm, they began picking up the trash, righting the over turned tables and putting the park back in order. I was so very proud of these girls as they worked together to clean up the mess some one else had made. There seems to be a lot of talk about our young people and their lack of respect for others and property, their lack of motivation and the trouble they seem to cause, especially in the park. This incident was an example of one person causing a problem, but of the others, examples of behavior and citizenship that most of our young people hold true. Please join me in congratulating and thanking these girls for a job well done and appreciated by all. We should all be proud to call them ours. Sgt Steven Penwell
Left to Right: Shayna Shulz, Abra Cole, Shaleena Young, Amy Poley and Bailey Nelson.
OctoberCrime Prevention MonthOctober is Crime Prevention Month, and the Cody Police Department would like to take this opportunity to provide some thoughts on crime prevention for you and your neighborhood. In 2002, the City of Cody had 27 burglaries, 290 larcenies and 7 auto thefts. Many of these crimes could have been prevented with a few simple precautions. We would suggest that you lock your doors and windows and assure your garage is secure. Consider installing quality deadbolts and peep holes. Along with locks and screens for your windows, consider good window coverings to conceal your activities and property. If you are away for several days, have papers, mail and other evidence of your absence picked up on a regular basis. Do not leave valuable items out and accessible where they are a temptation for thieves. Do not leave valuable items in view of windows, and be careful of who is allowed into your residence. Salesmen, workers and even friends of the family could be a threat to your property. Consider lighting, both in and outside your residence. Do not have shrubbery and other items blocking your porch and window areas. Thieves don’t want to be detected and will avoid these conditions. Be aware of what is happening in your neighborhood. Get to know your neighbors and agree to watch out and help each other. Consider starting an organized neighborhood watch for your neighborhood. If you observe suspicious or criminal activity please call it in to your Police or Sheriff’s department. If we work together, we can make Cody a safer place to live. For more information on crime prevention or security, or for a presentation for your neighborhood or organization, please call , e-mail or stop by the Cody Police Department. Sgt. Steven Penwell
Happy Halloween from the Cody Police Department
Cody is a wonderful and beautiful place to live, and has a multitude of reasons that make it so special to us. The wide open spaces, clean air, majestic mountains, a wide array of wildlife, and scenery which rivals any in the country. All of this we enjoy every day and sometimes take for granted. They are all at risk if we don't take proper care of them. Our children are something else that we have to enjoy and are a greater resource than all the resources listed above. Our children, like our community, are also at risk if not properly cared for. Halloween, All Hallows Night, or All Souls Night, is the night before All Saints Day, a religious holiday. What started as strictly a religious observance, became influenced with fears, superstitions and traditions, and evolved into what we know today as Halloween. Halloween as we know it today is a day full of festivities for the children. Carving Jack o Lanterns, pumpkin pie, and of course "Trick or Treating". The children are in Costumes, some quite elaborate. They are out and about the neighborhoods seeking their bounty, many still out after dark. What is meant to be good fun can be quite dangerous to the children. The "Trick" part of Halloween has also caused some problems with theft and property damage, which can be frustrating and expensive for innocent citizens. I will attempt to address some of the problems and solutions for you here. When trick or treating, all children should be accompanied by an adult or an older responsible individual. If a child is too old to be with an adult, they are probably too old to be trick or treating. The older children should attend organized, supervised and non alcoholic parties or activities. Children should travel in groups as they are easier to see. They should travel with friends and neighbors and use a buddy system so no one gets lost or left. They should Always walk and not run. Many of the costumes can become entangled in the child's feet and can cause a fall with serious injuries. Many of the children can't see properly due to their costumes and may trip or cause another to fall. They should always stay to the sidewalks. If there are no sidewalks available in the neighborhood they are in, they should walk on the left side of the street, walking toward oncoming traffic. That allows them to see what is coming toward them so they won't inadvertently walk out into traffic. They should use the cross walks and intersections. Remember pedestrians are hard to see, especially at dusk or at night. Children should be extra careful and always look before entering the street. Keep the costumes simple and use properly fitting shoes and boots. Loose fitting or long and large costumes can cause children to trip and fall. They also inhibit a child's ability to move properly. Costumes and the bags they carry should be light colored and have reflective material so they are highly visible. Use costumes that can accommodate warm clothing and coats, as many of our Halloweens are on snowy days. Avoid the use of real props, such as guns, knives, swords etc. These are not only dangerous, but can be hard to hold, taking away the use of one of the child's hands. Carry an illumination device such as a flashlight, electric lantern or Calamine stick. Avoid carrying any burning objects. Do not use masks that hinder the child's sight. Painted faces are much safer. If a mask is used, do not have it on while traveling, instead have them pull it on once they are at the door. 
The costume on the right it bright colored, allows for plenty of movement and has a painted face which does not interfere with a child's sight. 
The costume on the left is dark colored, interferes with vision, and has a weapon which could be dangerous to the child. After they have gathered their bounty, save it until they are at home where it can be checked by an adult. Check candy wrappers and packages for signs of tampering. Heat sealed wrappers are much safer than twisted or wrapped candies. Candy not in a wrapper should never be eaten. Any fruit received should be inspected for cuts and puncture marks. It should always be cut and washed before eating. If any of your bounty looks suspicious, please notify us at the Police Department. Parents: Only give home made treats to children you personally know, others should have sealed treats. If you are going to use home made treats, advise the other parents of what you are giving so they are aware when they check their child's bag. Leave your porch lights on so the children can see, and keep the porch uncluttered. Avoid burning lanterns and candles on the porch or where children could brush against them. Lock up your pets. Many pets are protective of their residences. With so many goblins showing up at the door, they may become frightened and the likely hood of a child getting bitten is increased. To avoid vandalisms through out this holiday, keep your valuables put up and out of sight. Keep your property well lit. If not at home, have your residence properly secured. Please notify the Police Department of any suspicious activity or problem that occurs. We at the Cody Police Department wish you all a happy Halloween, and thank you for your help in making it a safe one as well. Sergeant Steven Penwell |
