http://www.s-t.com/daily/11-98/11-26-98/a01lo010.htm
Patient arrested in ER
Refused to stop using cell phone
By Manuela Da Costa-Fernandes, Standard-Times staff writer
WAREHAM -- An Onset man's refusal to stop using a cellular telephone in Tobey Hospital's emergency room landed him in court.
Herbert Roe Jr., 37, of 284 Onset Ave., was using his cell phone while being treated in the emergency room. He had been seeking care for foot cuts suffered after he kicked a fish tank at home during an argument with his girlfriend early Saturday morning.
The cell phone use was interfering with the operation of medical equipment, and hospital personnel repeatedly asked the man to hang up.
When he refused, police entered the picture -- and before all was done Mr. Roe had been subdued with pepper-spray and arrested.
He was arraigned in 4th District Court this week on three counts of assault and battery on a police officer and resisting arrest. His case was continued to Dec. 23.
A spokesman at Charlton Hospital in Fall River said the use of cellular phones is strictly prohibited in an hospital environment.
Terry Larguinha, telecommunications operator at St. Anne's Hospital in Fall River, said cell-phone use causes sensitive equipment to give false readings.
"Due to the fact we have sophisticated equipment in our intensive care units and X-ray units, cellular phones are not allowed," Ms. Larguinha said.
"They interfere with many of the monitoring devices such as a heart monitor. ... It can cause the monitor to go out of whack or give false readings. I believe they may be on the same frequency," she said.
Police Chief Thomas A. Joyce said his officers are regularly called to Tobey Hospital to assist and control patients who are either drunk or under the influence of drugs.
But this case was unique, he said. The use of pepper spray in a facility such as an emergency room is something police officers are encouraged to avoid.
"I don't recall anyone being sprayed in one previously," said Chief Joyce, who has been with the Wareham department for 12 years.
Police Officer Peter Flannery was in the emergency room assisting emergency medical service staff when paramedic Tammy Cook told him that Mr. Roe refused to stop using his cellular phone.
Officer Flannery and Officers Zina Stahlberg and Peter Silvia visited Mr. Zoe, who was on the phone while lying on a gurney.
According to police reports, when Officer Flannery asked him to hang up, Mr. Zoe ignored the request. and when he was asked again, said, "Shut up man, I am talking to my dad in Connecticut."
Officer Stahlberg then attempted to remove the cell phone from Mr. Roe's hands. The patient resisted and began swinging, police said.
Officer Flannery told the man he would be "Maced" if he didn't stop resisting arrest, and ultimately Mr. Roe was pepper-sprayed twice.
Chief Joyce said his officers are encouraged to use the pepper spray when an individual becomes "extremely combative or out of control."
"Using pepper spray has the effect of taking a person's breath away and leaves a burning sensation in the eyes," the chief said.
Mr. Roe required medical treatment after being sprayed.
Tobey Hospital spokesmen were unavailable for comment on the incident.
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