By T.J. Wilham, Copyright © 2008 Albuquerque Journal
Marvin Gladstone is an 80-year-old retired attorney with gray hair and a heart condition. His 69-year-old wife, Patti, is a semiretired accountant and an amputee who uses a prosthetic leg to walk.
Earlier this summer, Marvin Gladstone was considered a "threat" by Albuquerque police. He was handcuffed, arrested, charged and put in the back of a squad car. In a separate altercation with police later that afternoon, his wife was handcuffed, arrested and carted off to jail.
During his arrest, Marvin Gladstone suffered a heart attack and had to be rushed to the hospital, his attorneys say.
Patti Gladstone was arrested at the hospital after police apparently thought she was trying to break her husband out of custody when she rolled him away from officers in a wheelchair — although she said she was just looking for a place to sit.
When police tried to book Patti Gladstone into jail, her blood pressure was so high that the medical staff at the Metropolitan Detention Center wouldn't take her.
The couple's alleged crimes? Assaulting an officer, refusing to obey an officer, disorderly conduct and cruelty to an animal.
While they await court dates on the various criminal charges, they are considering filing a lawsuit against the Albuquerque Police Department.
APD officials say the officer, Lena Deyapp, acted appropriately and did everything she could to avoid cuffing the Gladstones but was left with no option because they continually assaulted her.
"Mr. and Mrs. Gladstone felt they were above the law and could do whatever they pleased," police spokesman John Walsh said. "The last thing our officer wanted was to take them into custody, but they chose to escalate the situation, act the way they did and, quite frankly, they should have known better."
Dog in an SUV
The encounter occurred June 18 at a Foothills supermarket. According to attorney Mary Han, Patti Gladstone went inside to shop while Marvin Gladstone stayed in the couple's sport utility vehicle with the family dog, a large mixed breed.
After several minutes, the dog's water was running low, and Marvin Gladstone went into the store to get more, Han said. He left the windows cracked and shut off the engine.
How long the Gladstones left the dog unattended and how hot it was in the car are in dispute.
Han claims that it was still cool inside the vehicle; a city vet says that, based on outside temperatures and what is usually safe, he believes that the animal was in danger of dying. It was about 2 p.m and police dispatchers noted the temperature as 94 degrees.
After Marvin Gladstone left the vehicle, someone called 911 and reported that the dog was panting, in distress and that the windows were "slightly" cracked, police say.
Han said Gladstone was only gone about 10 minutes, but, according to dispatch reports, it took 19 minutes for an APD officer to get to the vehicle.
APD officials said the officer couldn't find the vehicle's owners, tried to have them paged inside the store and made contact with them 32 minutes after the 911 call — about 13 minutes after she arrived at the scene.
Han says the Gladstones' veterinarian will testify that they are "very responsible" pet owners.
"The dog was within minutes of being dead," said Craig J. Mabray, chief of veterinary services for the Albuquerque Animal Welfare Department, who didn't examine the pet, which was ultimately allowed to return with the Gladstones. He based his comments on a formula for how long animals can safely be in an enclosed area at a certain temperature. "This dog was in trouble."
The city has been cracking down on people who leave pets unattended in vehicles, and police have made such calls from citizens a top priority. Under city law, it's illegal to leave an animal or child in an enclosed vehicle for a period of time that could result in danger.
Patti Gladstone told police that they had been gone 10 minutes.
When the officer went back to her squad car to wait for animal control officers, Marvin Gladstone approached her and said, "How long is this going to take? We have stuff to do," according to APD reports.
Deyapp told him that animal control was on its way and to get back in his SUV. For "officer safety reasons," Deyapp walked him back to his vehicle, where his wife also told the officer that the couple had things to do, including a doctor's appointment. The dog remained in the car with the Gladstones with the air conditioning on.
Marvin Gladstone approached the officer again a short time later. This time, the conversation escalated.
Police order
Marvin Gladstone asked the officer, "Is there anything I can do to expedite the situation?" according to police reports.
Deyapp replied, "No sir, and I am giving you an order to stay inside your vehicle."
Police say Marvin Gladstone became irate, began to yell and told Deyapp that she was a disgrace to the police department. He was a few inches from her and pointed at her face.
Deyapp wrote in her report that she took a step back because she was in "immediate fear of battery."
Deyapp said Marvin Gladstone said, at one point, that he wanted to go to jail.
Police reports don't make it clear how long it took for an animal control officer to arrive. When the officer arrived, it was determined that the dog was OK. But the officer cited Patti Gladstone, who was driving the vehicle, for cruelty to an animal.
APD officials said city ordinance requires that dogs left unattended in a car must have an opening large enough for the dog to get its head out.
After the citation, police say Marvin Gladstone got out of his vehicle again, approached Deyapp in an "aggressive manner" and asked for her name and badge number.
Deyapp says she provided the information, then placed him under arrest for refusing to obey because he didn't stay inside his vehicle.
"Our officer was placed in a position where she had to take action because of his irresponsible acts," Walsh said.
While sitting cuffed in the back of a police car, Marvin Gladstone, who has had triple bypass surgery, started to have chest pains. An ambulance took him to the hospital, where he was treated for a heart attack, Han said. A doctor's note showed that he had suffered a mild heart attack.
Han said officers refused to let Gladstone take nitroglycerin tablets, which she said might have prevented the attack.
Patti Gladstone took the dog home and met her husband at the hospital. Three officers also showed up.
'Out of control'
While there, police say they told Patti Gladstone that her husband couldn't leave their custody.
A surveillance video of the emergency room waiting area shows her pushing her husband's wheelchair away from the group of officers. It appears she was looking for a seat.
The officers didn't appear to be concerned at first. Suddenly, all three approached her, forced her away from the wheelchair and rushed her outside.
Han says Patti Gladstone was thrown against a wall, cuffed and arrested for acting disorderly. She was taken to the county jail, where staff refused to book her.
According to Deyapp's report, Patti Gladstone was told that she couldn't move away from the officers, refused to return when ordered and insisted she needed to sit down.
When the officers grabbed the wheelchair, she shouted at them, "No, you will not." Police say she wouldn't let go of the wheelchair.
Marvin Gladstone wasn't booked but was given a summons to appear in court. He was treated and released several hours later. He has been charged with refusing to obey a lawful order and assault upon a peace officer.
Police also settled on giving Patti Gladstone a summons after jail staff refused to book her. She has been charged with refusing to obey an officer, cruelty to an animal and disorderly conduct.
"APD is out of control," Han said. "Imagine that this was your mom or your father. It's pretty outrageous, isn't it?
"One person is an artist, a grandmother of seven, and the other is a retired lawyer. These are people who believe in the system."
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