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Subject: NPS Morning Report - Friday, October 29, 1999
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Date: Fri, 29 Oct 1999 07:56:28 -0400
NATIONAL PARK SERVICE
MORNING REPORT
To: All National Park Service Areas and Offices
From: Division of Ranger Activities, Washington Office
Day/Date: Friday, October 29, 1999
INCIDENTS
94-557 - Glen Canyon (Utah/Arizona) - Follow-up: BASE Jumping Fatality
On October 8th, D.M. of Truckee, California, began a three-month
jail sentence for aiding and abetting the fatal illegal BASE jump of P.T.
at Lake Powell on September 15, 1994. D.M., head of a business
called Gravity Sports Ltd., was the organizer and leader of "Cliff Camp '94,"
which was advertised as "an accelerated course in fixed object jumping."
After the fatal jump, D.M. hid in the rocks, leaving the others on the
trip to deal with the rangers investigating the death. D.M.'s full role
in the jump was not known until November 12, 1994, when he was the subject of
a two-day cliff rescue by rangers at Lake Powell (94-644). After the rescue,
BASE equipment and videos were seized, including a commercial video called
"Gravity Storm '94." The video showed "Cliff Camp '94" and the beginning of
P.T.'s jump. In addition to the jail sentence, D.M. was ordered to pay
$2,225.88 in restitution and given a term of 60 months probation. His company
was ordered to pay a $5,000 fine. This is the last of three BASE jumping
cases from 1994 and 1995. Both of the other cases resulted in circuit court
decisions. In U.S. v. Albers, in which the defendants were found guilty of
air delivery and disorderly conduct, the Ninth Circuit ruled that the search
and seizure of houseboats fell under the Carroll Doctrine. In U.S. v. Oxx,
in which the defendants were found not guilty because the judge found that
the government did not prove that the defendants did not have a permit, the
Tenth Circuit ruled that 36 CFR 2.17(a)(3) clearly prohibits BASE jumping at
Glen Canyon NRA and other national parks. Fred Morelli, the defendant's
attorney in all three cases, has filed appeals. Morelli has stated that he
plans to stage a jump at Lake Powell. [CRO, GLCA, 10/28]
99-628 - Mount Rainier NP (WA) - Assault on Volunteer
A park volunteer was assaulted on the afternoon of October 2nd in the
vicinity of Tipsoo Lake, a heavily-used frontcountry area. A man approached
her and said that there was an injured hiker nearby who needed assistance.
He directed her to the area where the injured hiker was supposed to be, then
assaulted her. The man is described as a white male in his late 30s or early
40s, about 6'2" tall, with a heavy build. He was clean shaven, had medium-
length dirty blonde hair, and was wearing a green polar fleece vest. He also
wore a large gold class ring with black inlay. The FBI is assisting with the
on-going investigation. Scott Stevens was IC for the incident. [Maria
Gillett, PIO, MORA, 10/26]
99-629 - Grand Canyon NP (AZ) - Multiple EMS Rescues
On September 30th, a 66-year-old woman collapsed suddenly at the park train
depot. Rangers found her in cardiac arrest and began CPR. Within minutes,
she was defibrillated, intubated and hooked up to intravenous lines. Her
pulse was restored and she regained consciousness. She was then flown by
park helicopter to a regional hospital, where she recuperated and is
reportedly doing well. Rapid defibrillation by rangers and the team effort
led by paramedics Phil Mennenoh and K.J. Glover have been cited as primary
reasons for her recovery. This success was repeated twice more during the
ensuing week. On October 3rd, a 70-year-old man at the Quality Inn called
the park's 911 number and reported shortness of breath. While Glover and
EMTs were conducting an initial assessment, he stopped breathing and became
pulseless. Both were restored through CPR and advanced life support
measures. The man was flown to the hospital in Flagstaff and admitted to
intensive care. On the 4th, Mennenoh and park medic Brian Lakes resuscitated
a 72-year-old man with a life-threatening heart arrhythmia. His heart was
externally paced and pulse and blood pressure were restored. He was also
flown to Flagstaff Medical Center. All three cases involved resuscitation of
patients who were either clinically dead or near death. [Sherrie Collins,
Chief, Branch of Emergency Services, GRCA, 10/27]
99-630 - Manassas NBP (VA) - Poaching
Ranger Scott Ryan saw two vehicles parked at the Battery Heights parking lot
at dusk on October 5th and found indications that the occupants might be
hunting. He kept watch and eventually saw two men in camouflage clothing
with bows and a portable stand in their possession emerge from nearby woods
within the park. Both admitted to hunting, but said that they'd received
written "permission" from a local resident to hunt in the area. One admitted
to shooting a doe, but said that he could not track the deer due to darkness.
The carcass was found and recovered as evidence the next day. During a
consent search of one of the vehicles, Ryan found a small quantity of
marijuana, which the owner said was for medicinal purposes. The hunters'
bows (one valued at $900), arrows, knives and stands were confiscated. When
Ryan met with one of the two men the next day, he noted that he was wearing a
jacket with the following embroidered across the back: "Relic Hunting Posse -
Pretty Often Something Significant Excavated." The investigation continues.
[Gil Goodrich, Acting CR, MANA, 10/7]
99-631 - Lassen Volcanic NP (CA) - Illegal Hunting
Three armed hunters were contacted by ranger George Giddings inside the
western boundary of the park between October 10th and 16th. All are being
charged with weapons violations and hunting within a national park and will
be charged by the state for hunting out of season. One of the hunters also
had a stolen firearm in his possession and felony charges may also be filed
pending conclusion of the investigation. During boundary patrols this year,
rangers have caught several people hunting out of season on Forest Service
land. They've contacted the hunters and advised both the state and Forest
Service. [Mark McCutcheon, DR, North District, LAVO, 10/25]
99-632 - Monocacy NB (MD) - Special Event
Secretary Babbitt visited the park on October 21st to call for greater
efforts to preserve the nation's Civil War battlefields. Speaking in front
of the Best family farmhouse, Babbitt called for people to "urge Congress to
approve President Clinton's plan for the Land and Water Conservation Fund,"
which would aid in the purchase of threatened sites within the boundaries of
NPS Civil War parks. He also called for efforts on the state and grass roots
level to see that important Civil War sites are preserved. Many state and
local officials, local preservation groups and representatives from the media
attended. There were no incidents. [Thomas Kopczyk, CR, MONO, 10/22]
99-633 - Roosevelt/Vanderbilt NHS (NY) - Special Event
On October 17th, the Eleanor Roosevelt Center at Val-Kill presented awards to
five people whose lives have embodied the humanitarian spirit of the former
First Lady. Awarded were Johnnetta Cole, president emerita of Spelman
College; Vartan Gregorian, president of the Carnegie Corporation; Hannah
Pakula, biographer and human rights advocate; Martha Settle Putney, former
professor at Howard University; and Peter Stern, chairman and president of
the Storm King Art Center and past director of Scenic Hudson, Inc. Putney
was featured in a book called "The Greatest Generation," written by Tom
Brokaw, who attended and presented the medal to Putney. The event's theme
this year, "You must do the thing you think you cannot do," was taken from
the following quote by Eleanor Roosevelt:
"The encouraging thing is that every time you meet a situation, though
you may think at the time it is an impossibility and you go through the
tortures of the damned, once you have met it and lived through it you
find that forever after you are freer than you ever were before. You
gain strength, courage, confidence by every experience in which you
really stop to look fear in the face... The danger lies in refusing to
face the fear, in not daring to come to grips with it. If you fail
anywhere along the line it will take away your confidence. You must
make yourself succeed every time. You must do the thing you think you
cannot do."
The event was attended by over 300 people and managed by park staff with
assistance from Saratoga NHP rangers and numerous volunteers. [Bruce
Edmonston, CR, ROVA, 10/21]
[Numerous incident reports pending...]
FIRE ACTIVITY
NATIONAL PREPAREDNESS LEVEL - Level II
LARGE FIRE/INCIDENT SUMMARY
Tue Wed % Est
State Unit Fire/Incident IMT 10/26 10/27 Con Con
CA Shasta-Trinity NF Big Bar Cx AC/2T1 136,765 137,820 86 UNK
Los Padres NF Kirk Cx T2 86,700 86,700 90 UNK
San Diego RU Lost -- 400 400 50 10/28
ID Sawtooth NF Queasy -- 1,600 3,000 NR NR
UT State Henefer Ledges T2 550 1,000 100 CND
MN State McGrath -- 120 580 30 10/30
Heading Notes
Unit Agency or Area Office = BIA area; NF = national forest; RU = CA
state resource or ranger unit; RD = CA state ranger district;
Region = CA state region; FO = BLM field office; District = BLM
district; NWR = USFWS wildlife refuge
Fire * = newly reported fire (on this report); Cx = complex
IMT AC = Area Command; T1 = Type I Team; T2 = Type II Team; T3 = Type
III Team; ST = State Team; FUM = Fire Use Management Team
% Con Percent of fire contained: UNK = unknown; NR = no report
Est Con Estimated containment date: NEC = no estimated date of
containment; CND = fully contained; UNK = unknown; NR = no
report; RBF = resource benefit fire, no containment action being
taken; LR = last report unless significant activity occurs
NUMBER OF NEW FIRES (FOUR DAY TREND)
NPS BIA BLM FWS States USFS Total
Sunday, 10/24 1 0 2 0 4 2 9
Monday, 10/25 1 5 3 0 125 23 157
Tuesday, 10/26 0 10 3 0 212 19 244
Wednesday, 10/27 3 2 3 0 95 20 123
TOTAL COMMITTED RESOURCES (FOUR DAY TREND)
Crews Engines Helicopters Airtankers Overhead
Sunday, 10/24 80 99 16 0 508
Monday, 10/25 145 285 42 0 811
Tuesday, 10/26 151 259 32 0 767
Wednesday, 10/27 95 228 24 1 749
CURRENT SITUATION
There was little initial attack nationally and no new large fires were
reported. Very high to extreme fire indices were reported in Utah, Idaho,
Wyoming, California, Arizona, Colorado, Nebraska, and Mississippi. [NICC
Incident Management Situation Report, 10/28]
RESOURCE MANAGEMENT, PROTECTION AND EDUCATION
No entries.
OPERATIONAL NOTES
Circuit Court Rulings - There have been several recent federal circuit court
decisions that have clarified laws or established legal precedents:
o The Ninth Circuit held that a transplanted Canadian gray wolf, released
in Yellowstone National Park with the intent to replenish wolves in
Wyoming, Montana and Idaho, is a member of a population of an
endangered species or threatened species. The court held that Canadian
wolves, although plentiful in Canada, became part of the protected
population under the Endangered Species Act when they are found inside
the United States. Therefore, where an individual knowingly killed a
gray wolf in the Red Lodge, Montana area, even though it was a
transplanted Canadian gray wolf, that individual could be prosecuted
the taking, possessing, and transporting of that wolf in violation of
Federal law. United States v. McKittrick, 142 F.3d 1170 (9th Cir.
1998).
o The Tenth Circuit held that the vinyl cover placed over the luggage or
cargo area of a sport utility vehicle or similar vehicle without a
trunk did not create the functional equivalent of a trunk and could be
searched incident to the arrest of an occupant of that vehicle.
Although the court had previously held that the interior luggage or
cargo area of sport utility vehicles or similarly configured vehicles
was part of "passenger compartment" of such vehicles, the court
reviewed this case to resolve whether the fact that a luggage or cargo
area was covered changed that decision. The court found it did not,
and such areas could be searched as part of the passenger compartment,
whether covered or uncovered. United States v. Olguin-Rivera, 168 F.3d
1203 (10th Cir. 1999).
o The Ninth Circuit held that a delay of five minutes after the suspect
had been transported from the scene before beginning a search of the
vehicle incident to that arrest was not unreasonable under the
circumstances. The court found that the delay, due to the completion
of paperwork for the impoundment of the vehicle, was part of a
continuous, uninterrupted course of events, all occurring within a
brief period of time that remained "contemporaneous" with that arrest.
United States v. McLaughlin, 170 F.3d 889 (9th Cir. 1999).
o The Ninth Circuit held that the Federal Juvenile Delinquency Act
provisions found in 18 U.S.C. 5033 concerning detention of juveniles
required the arresting officer to contact the parents or guardian of
the juvenile and inform them of the juvenile's Miranda rights at the
time of the initial notification of custody and before any
interrogation proceeded. In a related matter, the court also found
that the juvenile's pre-Miranda statement - "What time do I see a
lawyer?" - was not an invocation of counsel, but was instead an inquiry
about when appointed counsel would be made available. United States v.
Doe, 170 F.3d 1162 (9th Cir. 1999).
For more information about these or other court decisions, contact Don Usher
via cc:Mail at NP-WASO.
MEMORANDA
No entries.
INTERCHANGE
No entries.
PARKS AND PEOPLE
No entries.
* * * * *
Distribution of the Morning Report is through a mailing list managed by park,
office and/or field area cc:Mail hub coordinators. Please address requests
pertaining to receipt of the Morning Report to your servicing hub
coordinator.
Prepared by the Division of Ranger Activities, WASO, with the cooperation and
support of Delaware Water Gap NRA.
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