No Charges Against Diabetic Mr. Universe

[MaggieM]

Saw this update... I remember it was a thread on here in the past.

No Charges Against Diabetic Mr. Universe
May 31, 1:32 PM EST


The Associated Press

REDWOOD CITY, Calif. -- San Mateo County prosecutors have dropped misdemeanor charges against a diabetic bodybuilder who said his behavior during a scuffle with police was due to insulin shock.

Doug Burns, 43, who holds the "Mr. Natural Universe" crown, was sprayed with Mace and wrestled to the ground by officers, who believed he was intoxicated, at a downtown movie theater in April. They arrested him for assault and resisting arrest.

Burns maintained that he was disoriented and unaware of his actions as a result of extremely low blood sugar.

Prosecutors initially insisted Burns needed to provide more medical evidence that he was a Type I diabetic suffering from insulin shock at the time. On Wednesday, however, Chief Deputy District Attorney Steve Wagstaffe dropped the charges.

Burns "has a valid defense of unconsciousness — that he was not aware of what he was doing at the time of the conduct," Wagstaffe said.

[badshoe]

Wow, someone went to the Wizard and got a brain and a heart.

[D-Dad]

Bennet - fun site. I was told that NPH saids for Not Particularly Helpful - I guess you have to had tried it to really appreciate it.

[OSUMom]

I don't know if I wasn't plugged in or if the media had it wrong - but I thought I was seeing that the police had picked him up and the event was related around driving. There's a great article in the recent Diabetes Health magazine on him and part of it is on the incident. He wasn't driving at all with the police situation. I should say I didn't dive into the details of the story when it came out.

Anyway check out the June/July Diabetes Health magazine if you're interested in more details and more information on Mr. Universe. :)

[hold48398]

Well that's good to see. I'm actually surprised that he isn't the one suing the police for wrongful arrest, public humiliation and other charges... Who knows that might be next...

[ScottB]

I don't recall seeing a post on this before but about a week ago I read where a high school student who is type 1 and on a pump, was in a class that had a substitute teacher that day. An alarm on the kids pump went off alerting him that the pump was running low on insulin. The sub teacher heard the pumps alarm and questioned the kid what it was but before the kid could give the sub a convincing answer, the sub teacher assuming it was a cell phone, in a fit of rage literally yanked the insulin pump clean off the kid, tube and all. Needless to say the sub was promptly fired and stripped of his teachers license and local law officials were considering whether or not to press criminal charges.

[OSUMom]

Marisa,

Mr. Universe is opting to take this incident and its publicity as an opportunity to educate this police department and others on diabetes and hypoglycemic episdoes. He and health professionals ( his endo) have put together a video to show to the police department as education. So instead of suing, he's moving it all in this direction - at least this seems to be what I took away from reading in the article from Diabetes Health we received recently in the mail - June/July 2007.

I think it's great how he's handle this and used it to educate.

[hold48398]

Marisa,

Mr. Universe is opting to take this incident and its publicity as an opportunity to educate this police department and others on diabetes and hypoglycemic episdoes. He and health professionals ( his endo) have put together a video to show to the police department as education. So instead of suing, he's moving it all in this direction - at least this seems to be what I took away from reading in the article from Diabetes Health we received recently in the mail - June/July 2007.

I think it's great how he's handle this and used it to educate.

I COMPLETELY agree!!! Would love to see the video - is this available for public viewing?

[OSUMom]

Marisa,

Rereading this portion of the article, Mr. Universe instead of taking legal action against the police department is asking them to produce a realistic video (with help from endocrinologist) about diabetes to show officers and security personnel. This would show signs of low blood sugar, DKA, and how to handle these types of incidents without violence.

I don't see where this would be a video that would be available for the public - but rather I think it would be used for education for service personnel.

[mischloss]

I am so glad that Mr. Universe is choosing the higher route and doing education awareness of type 1, instead of suing. This is a great opportunity through his fame to really get the word out about type 1 and educate police and others as to how a type 1 would behave with extreme lows, DKA and extreme highs. Wonderful that he is being endorsed by his endo! More power to him!!!
:cwds:

[OSUMom]

It's really a great section on Mr. Universe in the Diabetes Health magazine. I'm anxious for my son to read the section when he's home from college. We like reading about guys like him who have succeeded in the fitness and athletic world - great role models. So I recommend it to anyone especially those with teenage boys. My son's into lifting weights, etc... Mr. Universe seems to be an excellent role model in more ways than one!!!

Thanks Mr. Universe!! :cwds:

[Ellen]

http://www.sfgate.com/templates/brands/chronicle/images/chronicle_logo.gif (http://www.sfgate.com/chronicle/)


Mr. Natural Universe sues Redwood City for $5 million

Bodybuilder got into a scuffle with police at a movie theater


John Coté, Chronicle Staff Writer (jcote@sfchronicle.com)
Thursday, July 26, 2007

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(07-26) 13:37 PDT REDWOOD CITY -- A diabetic bodybuilder who scuffled with police outside a Redwood City movie theater while slipping into insulin shock in April has filed a $5 million claim against the city alleging his civil rights were violated.
The claim filed Tuesday by Doug Burns, a Mr. Universe contest winner who is active in diabetes education and care efforts for children, is the legal precursor to a lawsuit.
The document alleges Burns' treatment at the hands of Redwood City police officers amounted to assault, battery, false imprisonment, a privacy invasion and violations of the Americans with Disabilities Act. Burns, 43, is seeking $2 million in economic damages and $3 million in noneconomic damages in the incident, which led to Burns' being charged with misdemeanors that were later dropped.
Burns was diagnosed with type 1 diabetes at age 7. Those afflicted with the condition can suffer from blurry or double vision, nervousness, irritability or aggression when their blood sugar levels drop, according to the U.S. National Library of Medicine and the National Institutes of Health.
Officers were called to the Century 20 theater in downtown Redwood City about 7:30 p.m. April 1 after a security guard, believing that the disoriented Burns was under the influence of drugs or alcohol, escorted him outside, police said.
When two officers arrived, Burns pushed one and assumed a "fighting stance," according to police.
One officer used pepper spray in an attempt to subdue the powerfully built Burns, but with no effect. The officers then wrestled Burns to the ground and needed three more officers to handcuff him, police said.
Burns was the medium-class winner of the 2006 Natural Universe contest, a competition that stresses bodybuilding without performance-enhancing drugs. There are other Mr. Universe competitions.
Burns said he had no recollection of what transpired after the security guard began escorting him from the theater. His vision was fading, and he was barely able to stand. He disputes that he could have been combative in his weakened condition.
Burns suffered small cuts to his nose and forehead in the struggle with the officers, and paramedics found his blood sugar level to be dangerously low, said Micah Jacobs, one of Burns' attorneys.
One of the officers sustained what authorities said was a potentially career-ending shoulder injury.
San Mateo County prosecutors filed misdemeanor charges of resisting arrest and assaulting a police officer shortly after the incident, but dropped those charges in May, saying Burns had a viable "unconsciousness defense" for what happened -- that is, his medical condition made him unable to control his actions -- and there was not enough evidence to try him.
The Redwood City father of three is a member of the board of directors for the Silicon Valley chapter of the American Diabetes Association, and the incident has drawn sharp criticism from diabetics and those who treat them, many of whom complained that authorities often mistake the onset of insulin shock for intoxication.
After the charges were dropped, Burns said he hoped to work with police to raise awareness about diabetes and the effects of low blood sugar, saying: "My hope is that we can work together and make it a positive step for other kids and other adults." E-mail John Coté at jcote@sfchronicle.com (jcote@sfchronicle.com).

[Adinsmom]

Hmm...Not sure what I think about that.

[sammysmom]

I know what I think about it but it will only cause debate so I will keep it to myself. I am married to a police officer and we are parents to a child with diabetes.....hmmm that's something to ponder, huh??


shannon

[OSUMom]

Wow!!!!!!!!!!

[Kaylee's Mommy]

he did talk about suing them and said he wouldn't as long as they trained their police officers better.. which, I think, it blackmail?? But I'm glad they dropped the charges.. but of course, it didn't make the news like it did when he was charged.. things like that aren't fair.. they should make it just as public..

edited to add that I didn't see Ellen's post before I posted.. I guess my post makes no sense LOL.. :)

[deafmack]

I wonder about the whole story. Did the police officer file a complaint against Mr. Burns so this is a countercomplaint? If this is the case then Mr. Burns has to file the countercomplaint to get his side heard in the story. Somehow I think part of the story is missing.

[OSUMom]

I went to bed thinking this is one way for Mr. Universe to get some media/publicity on the incident for awareness of the issue. Likely it won't cast a pleasant light on himself as perceived by many. It would be interesting to know what his motives are.

[Tori's Mom]

Motive??? $5 million is his motive!! :rolleyes::mad: Bit disappointing....but in this day and age (call me cynical) I would expect nothing less.
It seems like an awful lot of people look at this kind of incident and some that are less serious incidents, as an opportunity for a big payoff.

[MamaChrissa]

Low BG or not...the guy was acting belligerently and clearly could have done some damage. What were the cops supposed to do? :confused: They got him the medical attention he needed...

[OSUMom]

[QUOTE=Tori's Mom;56535]Motive??? $5 million is his motive!! :rolleyes::mad: Bit disappointing....but in this day and age (call me cynical) I would expect nothing less.
QUOTE]

:D I'm way naive always looking for the good in people. I was thinking maybe he was looking for it to take off in the media and then drop the lawsuit. You're right, it's the money. :mad:

[Ellen]

Low BG or not...the guy was acting belligerently and clearly could have done some damage. What were the cops supposed to do? :confused: They got him the medical attention he needed...

Respectfully, we were not there and he may not have been belligerent when he was walking to the counter to get some soda or sugar....and we don't know the rest of the facts either - just what is posted in the newspaper. (We all know how many articles on diabetes have gotten the facts wrong too.)

[3js]

i am married to a police officer, and know that my husband deals with WHAT is happening, and the WHY after. when someone is being uncooperative it is just the way it plays out. fair or not.

i don`t agree with the idea of a person with d not being "able to control themselves". i wouldn`t want my son perceived this way.

in my opinion this isn`t a step forward. but the above poster is correct. only the people involved really know what happened.

[MamaChrissa]

Respectfully, we were not there and he may not have been belligerent when he was walking to the counter to get some soda or sugar....and we don't know the rest of the facts either - just what is posted in the newspaper. (We all know how many articles on diabetes have gotten the facts wrong too.)


What actually happened surely may differ from the story...no doubt! But going on the what was said in the article, and purely hypothetical, *if* the guy was behaving belligerently than he needed to be restrained...and than his medical needs need to be assessed. It seems like that is what happened here. It seems the cops are being made the *bad guys* for restraining a possibly violent person.

[Ellen]

I have tremendous respect for law enforcement. While most police officers do the right thing, there are some cases of police brutality that should not be tolerated and do violate the law. I am not judging these officers. I am neither judge nor jury.

There are some more details/allegations at the links below.


http://www.insidebayarea.com/sanmateocountytimes/ci_6477665

Former Mr. Natural Universe sues Redwood City over scuffle (http://www.kesq.com/Global/story.asp?S=6846077&nav=9qrx)

While I agree a person with diabetes should be responsible, there are times they will go low and need assistance...especially the longer one has had diabetes - it increases the chances of hypoglycemia unawareness

Have any of your children ever had a severe low? I recall my son having one where his knees were buckling and he was barely able to walk - thankfully I was able to catch him as he was going down. I hope it never happens to your children. There may come a day when they are older and out without a parent or companion who can explain what's going on. I hope while disoriented from a low bg, they won't be handled with brute force before the situation is accurately assessed. The reality of life with diabetes, insulin is not a cure. Tight control increases chances of more lows.

[3js]

it may not be fair, but it simply is not realistic to expect the police to assess before acting. the first line is always to have the person in compliance with what is asked of them. it is unfortunate that in some cases this is not fair. i would be of the same opinion if this were my child.

a good example is when dealing with mental illness. it may not seem fair to restrain the person first, but police need to consider the safety of themselves and passerby before anything else.

another way of looking at mr universe`s situation: because the police were called in he recieved treatment. had he been left to his own devices, things might have been a lot worse for him.

[MamaChrissa]

it may not be fair, but it simply is not realistic to expect the police to assess before acting. the first line is always to have the person in compliance with what is asked of them. it is unfortunate that in some cases this is not fair. i would be of the same opinion if this were my child.

a good example is when dealing with mental illness. it may not seem fair to restrain the person first, but police need to consider the safety of themselves and passerby before anything else.

another way of looking at mr universe`s situation: because the police were called in he recieved treatment. had he been left to his own devices, things might have been a lot worse for him.

I totally agree!