“Looks like we get to do it the fun way”
July 12, 2013
Jason Barnes, a 26-year old residing in Aloha, Ore., claims he was riding his bike one evening last October when his friend was stopped by police for riding without lights. His story is below, followed by the Sheriff’s office response.
Barnes was traveling along Tualitin Valley Highway outside of Portland, Ore., when police made a quick maneuver pulling into the bike lane ahead of the cyclists waiting for them.
When the cyclists got closer, the officer said “Hey how’s it going, you know you’re supposed to have lights on your bike right?” Barnes’ friend Steven Liddicoat replied, “Yeah I know.”
The officer then proceeded to ask for Liddicoat’s ID. Meanwhile, Barnes stopped his bike about 25 yards back because he didn’t want to be involved in the traffic stop, especially since he hadn’t broken any laws.
The officers made their way towards Barnes anyway and asked him for his ID. He told the officers that he had not violated any laws and wasn’t required to present his ID.
The cops continued to threaten and intimidate Barnes into providing his ID, but still he refused.
One of the officers then told Barnes that he witnessed him riding his bike standing up, which is a crime in the state of Oregon. Barnes was skeptical of the statute, so he asked the officer to provide the Oregon State Legislative numbers on the law. The officer denied knowing them and began to make calls on his radio.
Officer Joshua Wilson shortly arrived on the scene and began the interrogation on Barnes all over again, demanding he present his ID. Officer Wilson read the statute to Barnes and told him he was being charged with “failure to use a bicycle seat.”
The penalty for failing to use a bicycle seat under Oregon state law is a misdemeanor traffic violation.
Once informed he was being formally charged, Barnes provided his ID.
Liddicoat, the friend who was the original reason for the stop, was told he could leave and wasn’t given a ticket for riding without lights.
Questions regarding whether or not Barnes had been drinking soon followed. Barnes told the officers he did not wish to answer any questions without a lawyer present.
Officer Wilson arrested Barnes for driving under the influence (DUI) and put him in the back of the police car.
Once in the back of the car, Barnes tried calm himself, leaning back and closing his eyes, attempting to relax. Within a few minutes, Officer Wilson while driving the patrol car, began taking photographs of Wilson with his eyes closed.
Barnes believes the officer wanted a snapshot of him with his eyes closed in an attempt to make it look like he was “passed out.”
Barnes said he was trying to meditate and would appreciate it if the officer kept his eyes on the road, but the officer continued to take photographs.
Upon arrival at the jail, Barnes was asked to submit to a breathalyzer test, but refused. The officer confirmed that no new charges could be brought against him and that he did in fact have the right to refuse.
Confirmed in an email sent to infowars, Barnes told police, “I was riding a bicycle, not operating a motor vehicle, and since it does not require a license I am not legally obligated to participate in ANY of the sobriety tests presented to me on this night.”
Officer Wilson replied, “Good, that’s what I thought you’d say.”
The officer asked him to submit a urine analysis (UA) to which Barnes declined. The officer replied “OK, perfect. Looks like we get to do it the fun way.”
By this time Barnes needed to use the restroom, but refused to provide the specimen. The officer told him he couldn’t use the restroom until he provided the “evidence” he needed.
“That’s illegal and you can’t deny me the basic right to use the restroom,” said Barnes. The officer insisted he could use the restroom once he provided the “evidence.”
Officer Wilson attempted to find another officer to transport Barnes to the hospital, and also to locate a judge that would sign a warrant in the middle of the night so he could obtain the “evidence” he needed.
Once at the hospital, with Barnes on the verge of wetting his pants, Officer Wilson arrived with the signed warrant. While Barnes’ hands were handcuffed in the front, the officer escorted him into the restroom and instructed Barnes to urinate in the cup.
Barnes still refusing, urinated into the urinal but not the cup. Barnes said the officer then tried to grab his penis and the cup, attempting to force him to urinate into it. Failing at this attempt, Barnes said the officer became angry and pushed him hard against the wall causing Barnes to urinate on himself.
“By my own power I dropped to my knees and went face down on the ground, trying to pinch off my urine flow,” said Barnes.
“Officer Wilson then came over and stood with full force on the small of my back, applying painful pressure to my bladder which made it so I could not stop urinating. I remained on the bathroom floor in the hospital in a puddle of my own urine while he used his radio to call security.”
“I was then told they were going to catheterize me.”
Barnes expressed his “religious and moral objections” adding that he strongly opposed this action.
Panicked, and begging and pleading with officials not to catheterize him, the hospital staff proceeded to strap down his feet while officers and security guards held down his arms. Barnes continued to plead with staff saying he’d submit the UA via the cup, but Officer Wilson refused to wait any longer and ordered the catheter.
Barnes said, “After Officer Wilson and the others assisted the medical staff in removing my pants and underwear, he took my penis in his hands and forced a very long catheter into my urethra while I was screaming, crying, and very much sober and awake.”
“The invasion felt nothing short of rape. I screamed for an attorney and an impartial observer and received none. The pain was excruciating, the procedure was humiliating, and the worst wasn’t over.”
“Once officials got my sample and pulled the catheter out, the pain was so severe it induced an instant gag reflex, I vomited and dry heaved onto the floor. This was by far the worst pain and experience that ever happened to me.”
In a separate incident, ABC News reports that 22-year old Stephan Cook claims police forced a catheter in him after he refused a drug test in 2008. Cook is suing several law enforcement agencies in central Utah for a total of $11 million, accusing officials of violating his civil rights.
The case is scheduled to go to trial in 2014. Under Utah state law, this gross violation of his human rights should be considered rape.
Utah law defines “object rape” as the penetration of the genital or anal opening of another person over the age of 14, by any foreign object, instrument or device. This crime is a first degree felony punishable by 5 years to life in prison.
While the reason remains unclear, even after obtaining the urinary sample, police still conducted a blood draw on Barnes.
Back at the jail, Barnes deeply disturbed and traumatized, was told by police, “You know, they were just going to let you go if you showed your ID.”
According to Barnes, when the booking officer began sorting through his inventory, he sorted his items with a pen and Officer Wilson said, “Watch out your pen is probably yellow now.” They laughed.
Next the officer said, “Be careful it might turn brown too.” They laughed again.
Barnes has since filed a complaint against the Washington County Sheriff’s Office asking for immediate disciplinary action against all officers involved.
Barnes was formally charged with DUI, assaulting a police officer and tampering with evidence, but a week later all charges were dropped. He never was informed of his blood alcohol limit that night, but suspects it was well below the limit.
Barnes was inspired to submit his story to several news agencies after hearing about the outrage of forced blood draws, but they declined to pick it up.
He has since left the country and moved to Venezuela where Barnes says he feels “much safer.”
He suspects this incident is related to his involvement in local protests, including the Occupy Movement.
When infowars reached out to the Washington County Sheriff’s Office for comment regarding the complaint, Sheriff Patrick Garrett said he had to “look into the records.”
It remains unclear what the status of the complaint is.
When asked what the lawful reason generally is for forcing a catheter on someone he replied, “I’m going to tell you one more time, I need to look into the records before I can answer.”
If you’d like to express your concerns over this incident, you can reach the Washington County Sheriff’s Department at:
Kathy_Bose@co.washington.or.us OR firstname.lastname@example.org
Sheriff Patrick Garrett (503) 846-2505 or his cell at (503) 793-9907
Sheriff Garrett also states, “Catheterizing a suspect to seize evidence is very rare, though in this case was done because in addition to strong probable cause that Mr. Barnes committed a crime, Mr. Barnes had multiple prior DUI arrests and his ongoing public intoxication was putting himself and the public in danger – deputies encountered him about one to two week’s earlier apparently passed out next to his bike, at night, in the middle of the street. During that encounter deputies simply took him home.”