Disturbing video shows a Salt Lake City police detective arresting a nurse for following a hospital policy that does not allow blood draws from unconscious patients.
Footage from University Hospital and officer body cameras shows Detective Jeff Payne and nurse Alex Wubbels in a debate over whether police should be allowed to get a blood sample from a patient who had been injured in a July 26 collision in northern Utah that left another driver dead.
Wubbels explains to officer Payne that blood cannot be taken from an unconscious patient unless the patient either agrees, is under arrest, or there is an electronic warrant.
Payne threatens to take Wubbels to jail if she doesn’t get the sample, and he accuses her of interfering with a criminal case.
“I either go away with blood in vials or body in tow,” Payne says.
After she refuses because of policy, Payne places the nurse under arrest and putting her inside a patrol car as she screams.
“I’ll bring them all the transients and take good patients elsewhere,” Payne says.
Salt Lake police Sgt. Brandon Shearer said the department started an internal investigation, which is ongoing. Payne was suspended from the department’s blood-draw program — where officers are trained as phlebotomist so they can get blood samples — but he remains on duty with the Police Department, Shearer said.
In a written report, Payne said he was responding to a request from Logan police to get the blood sample, to determine whether the patient had illicit substances in his system at the time of the crash. Payne explained the “exigent circumstances and implied consent law” to Wubbels, but, according to his report, she said “her policies won’t allow me to obtain the blood sample without a warrant.”
Payne — who says he wanted the blood sample to protect the patient, not punish him — said he was advised by Lt. James Tracy, the watch commander on duty that night, to arrest Wubbels for interfering with a police investigation if she refused to let him get the sample, according to his report.
Tracy said in his report that he spoke on the phone with Wubbels and told her he believed that they had implied consent to get the sample.
However, said “implied consent” has not been the law in Utah since 2007, and the U.S. Supreme Court ruled in 2016 that the Constitution permits warrantless breath tests in drunken-driving arrests, but not warrantless blood tests. She stressed that the patient was always considered the victim in the case and never was suspected of wrongdoing.
Wubbels said she has heard anecdotally of other health care workers being bullied and harassed by police, and that these videos prove that there is a problem. “I can’t sit on this video and not attempt to speak out both to re-educate and inform,” she said. Police agencies “need to be having conversations about what is appropriate intervention.”
Wubbels, who was not charged, said she has watched the footage four or five times and said, “It hurts to relive it.”
Porter and Wubbels declined to release information about the patient, but Payne’s report identifies him as 43-year-old William Gray, a reserve officer in the Rigby, Idaho, Police Department, who suffered burns during a July 26 crash in Cache County.
At about 2 p.m. on July 26, Gray was driving a semi north on State Road 89/91 near Sardine Canyon when a man fleeing from the Utah Highway Patrol crashed a pickup truck into him head-on, according to Logan police, who investigated the collision.
The crash caused an explosion and fire, Logan police have said. Gray was on fire when he exited the semi. The driver of the pickup truck, Marcos Torres, 26, died at the scene.
Police have said Torres was fleeing from the UHP after other drivers reported him driving recklessly. On Thursday, Gray was in serious condition at University Hospital, officials there said.
Wubbels, an Alpine skier who competed in the Winter Olympics in 1998 and 2002, when her last name was Shaffer, has worked as a nurse at University Hospital since 2009.