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Tracy argued in his appeal that he didn't order Wubbels' arrest that day, but had told Payne only that "he should consider" handcuffing the nurse. Tracy also claims in the appeal that Brown’s letter of discipline did not address the fact that the blood draw policy agreed upon between the hospital and the police department was never made known ...
He handcuffed her and placed her in a police car outside the hospital, then released her after about 20 minutes. Charges were never filed against Wubbels, and the city gave her a $500,000 settlement so she would not file a lawsuit.
Charges were never filed against Wubbels, and the city gave her a $500,000 settlement so she would not file a lawsuit. Payne told FOX 13 last November that he believed he had become a “sacrificial lamb” whose firing was a political move made in response to public outcry after the video went viral.
James Tracy was demoted to the rank of officer in September 2017 after Police Chief Mike Brown determined Tracy made the “completely unreasonable” order that Detective Jeff Payne arrest nurse Alex Wubbels on July 26, for refusing to allow Payne to draw a patient’s blood.
The commission announced its decision Thursday upholding Brown’s decision to demote Tracy two steps to a “police officer III” position, attorney Edward Brass confirmed Friday. Brass, who is representing Tracy, said they have not yet been given a written decision explaining the commission’s findings. "We are disappointed in the outcome," he said.
Wubbels pointed out that the crash victim was not under arrest, that Payne did not have a warrant to draw the blood and that he could not obtain consent from the patient because the man was unconscious. Payne insisted he had implied consent to get the blood and eventually arrested Wubbels.