NPS rangers assault & injure disabled war hero in SEKI.

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graniteclimber

Trad climber

The Illuminati -- S.P.E.C.T.R.E. Division

Topic Author's Original Post - Nov 14, 2014 - 10:28am PT

Navy Cross recipient says in lawsuit he was roughed up by Sequoia park ranger

By Pablo Lopez

The Fresno Bee November 7, 2014

A disabled combat Marine who received the Navy Cross for heroism in Iraq is suing the federal government in a dispute over a Sequoia National Park handicap parking space in which he says a ranger handcuffed him and roughed him up in front of his family.

Dominic Esquibel, 42, of San Diego, is suing for assault and battery, false arrest and false imprisonment, negligence and intentional infliction of emotional distress, said his attorney, Nicholas “Butch” Wagner of Fresno.

His civil-rights complaint, filed last week in U.S. District Court in Fresno, does not specify how much in damages he is seeking. But a claim sent to the U.S. government prior to the lawsuit said Esquibel wants $750,000.

A phone call to Sequoia National Park on Friday was not immediately returned. A National Park Service spokeswoman has said previously that the service does not discuss lawsuits.

According to the citation for Esquibel’s Navy Cross, on Nov. 25, 2004, while serving a scout sniper for Company B, 1st Battalion, 8th Marine Regiment, the lance corporal spotted several wounded Marines pinned down by enemy fire. “With total disregard for his own safety,” Esquibel crawled up to the enemy stronghold and threw grenades, “destroying several enemy insurgents and silencing one of the enemy’s machine guns,” the citation says.

Under heavy enemy fire, Esquibel carried out two wounded Marines and carried out the body of another, the citation says.

Years later, while on combat duty, Esquibel was seriously injured in the Sanguin Valley in Afghanistan.

On March 25, 2011, he stepped on a bomb, seriously damaging his right leg and right elbow. He suffered significant hearing loss and wears an exoskeleton on his right leg that enables him to walk, the lawsuit says.

Despite his disability, Esquibel continues to serve in the Marines as a criminal investigator, Wagner said.

“It’s unbelievable what he has gone through,” Wagner said Friday. “For this to happen to him is unconscionable.”

What happened, according to the lawsuit, is this:

On Dec. 22, 2012, Esquibel and his family were visiting Sequoia National Park. As they entered the gate, a park employee (not named in court papers) asked him to wait at the entrance until traffic thinned out. Esquibel showed the employee a handicap park pass that allows him to enter for free, the lawsuit says.

After entering, Esquibel parked in a handicap space so he could use the restroom. He placed his handicap placard on his rear-view mirror and began walking from his vehicle when the park employee at the entrance booth yelled at him: “You can’t park there.” When Esquibel said he was disabled, the park employee replied: “I can see that you’re not,” the lawsuit says.

The park employee called a park ranger, who arrived a short time later and began questioning Esquibel. The complaint says the ranger, identified in court papers only as T. Parker, demanded that Esquibel show him a handicapped driver’s license. Esquibel told the ranger he did not have or need one to drive his vehicle. He offered to show the ranger the paperwork for the handicap placard, but the ranger was unwilling to listen, the lawsuit says.

The ranger arrested Esquibel for failing to follow a lawful order, the lawsuit says. Esquibel says his war-related injuries, which included a surgically repaired right arm, were made worse by the ranger’s forceful arrest and from being handcuffed.

During the arrest, the lawsuit says, the ranger kicked Esquibel’s disabled right leg in an attempt to spread Esquibel’s legs. Esquibel’s wife started to cry, and the ranger reached down and pulled up Esquibel’s pant leg to see the exoskeleton. “I told you I am a combat-wounded, limb-salvaged Marine,” Esquibel told the ranger. “You are damaging my leg and foot.”

The ranger still handcuffed Esquibel and put him in the back of the ranger’s patrol car, the lawsuit says. Esquibel was later cited for “failing to follow a lawful order” and released.

In a letter to Wagner, U.S. Department of the Interior officials said in August this year: “From our review of the circumstances surrounding the detention of Mr. Esquibel, it appears that the officer’s actions were reasonable.”

But Wagner said Friday at no time did Esquibel break the law or deserve such treatment. When Esquibel showed up in federal court in Fresno to address his citation issued by the Sequoia park ranger, the prosecutor dismissed the case on the spot, Wagner said.

“He was falsely arrested and falsely imprisoned,” Wagner said. “If they are doing it to a war hero, who knows who they are doing it to.”

Read more here: http://www.fresnobee.com/2014/11/07/4223541_navy-cross-recipient-says-in-lawsuit.html?sp=/99/217/&rh=1#storylink=cpy

graniteclimber

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The Illuminati -- S.P.E.C.T.R.E. Division

Topic Author's Reply - Nov 14, 2014 - 10:30am PT

From leatherneck.com:

A Hero's Unusual Decision and Extraordinary Actions
(21st in a Series)
By Matthew Dodd

"In a rare gesture, Marine [Corporal] Dominic Esquibel declined the Navy Cross he earned on Nov. 25, 2004, as a scout sniper."

That sentence, taken from a USA Today article on Nov. 10, 2006, the United States Marine Corps' 231st birthday, has intrigued me ever since I first read it. The article went on to say that he declined the medal for "personal reasons," and that a Marine Corps spokesman declined to elaborate on it. I respect Esquibel's very personal decision not to accept the Nation's second-highest medal for battlefield valor, so I refuse to judge or speculate on his decision.

However, I truly admire what he did to earn the medal, so let me share with you the battlefield exploits of our newest Navy Cross hero as presented in his citation….

"For extraordinary heroism while serving as Scout Sniper, Company B, 1st Battalion, 8th Marine Regiment, Regimental Combat Team 7, 1st Marine Division, I Marine Expeditionary Force, U.S. Marine Corps Forces, Central, in support of Operation IRAQI FREEDOM on 25 November 2004."

Back on Mar. 1, 2005, I wrote about another scout sniper Navy Cross hero, and took a few moments to describe what a Marine scout sniper means to me as a retired Marine officer:

"A sniper team consists of four men, each of whom carries a sniper rifle, an M-16 and a pistol, as well as extra ammo and a host of other equipment. They set up sniper nests from which they track suspected enemy fighters with special long-range scopes, thermal imaging devices and computerized equipment. If the team agrees a person has 'hostile intent' - such as carrying a weapon or rocket-propelled grenade - a designated sharpshooter cuts him down with a special bolt-action rifle, killing him with a single shot up to 1,000 yards away …. "

"I have deep respect for Marine Corps snipers. They are a special breed of warrior, and a tremendous force-multiplier on any battlefield."

"Scout-snipers are often hand-picked by their leaders for their bearing, character, tactical abilities, marksmanship skills and leadership potential to compete for the very limited and very prestigious openings in their infantry battalion's scout-sniper platoon. Once selected, these Marines receive intensive training to learn how to stealthfully stalk their targets, select their positions, and engage their targets in accordance to their (un)official motto: 'One shot, one kill.'"

Esquibel's actions on Nov. 25, 2004, far surpassed even my lofty expectations of Marine scout snipers on any battlefield:

"After an enemy ambush on 3d Platoon nearby, Lance Corporal Esquibel quickly moved to an overwatch position and spotted five wounded Marines in a building courtyard. He courageously low-crawled close to the enemy stronghold to gain intelligence and then ran through the rooftops under intense enemy fire to relay the intelligence to the 3d Platoon Commander. With total disregard for his own safety, he re-occupied his position and threw a grenade, destroying several enemy insurgents and silencing one of the enemy's machine guns. After eliminating part of the threat, he low-crawled to another area and dropped a grenade through a hole in the roof, eliminating several more enemy personnel and silencing another enemy machine gun."

With fellow Marines in sudden peril from an enemy ambush, Esquibel's scout sniper training immediately proved its worth as he took up a vantage point and assessed the situation. Trained to notice details and track the enemy's every move, Esquibel instinctively personified probably the best advice I ever got as a member of the greatest combat team in the history of the world -- Ask myself, and take appropriate action on the following questions: What do I know? Who else needs to know what I know? Have I told them?

After relaying his critical battlefield intelligence to the commander of the imperiled Marines, Esquibel took decisive action against the enemy. Heroes like Esquibel remind me of the images of our 9-11 heroes in New York City who unhesitatingly ran towards danger, an act that runs counter to the instincts of most human beings to avoid such danger. At this point, Esquibel's actions would have probably earned him a lesser combat valor award, but he was not done….

"As a tank breached the courtyard wall, 3d Platoon began suppressing the target building. He seized this opportunity and quickly moved to the courtyard while under enemy machine gun fire, dragging out a wounded Marine. He re-entered the courtyard to retrieve a second wounded Marine. Still under enemy fire, he moved through the open area a third time, extinguished a fire that had mortally wounded the third casualty, and swiftly carried out his body. Due to his heroic efforts, two Marines survived the devastating enemy ambush."

I am purely guessing, but I believe Esquibel's timely passing of battlefield intelligence to the imperiled Marines' platoon commander helped lead to the tank's breaching of the courtyard wall and the besieged platoon's counter-attack against the enemy ambushers. Amidst the chaos and mayhem of a modern urban battlefield, the simplistic beauty of teamwork in action shone through ever so brightly.

Trained to take enemy lives, it was first instilled in Esquibel from his earliest moments in boot camp that Marines never leave fellow Marines behind - NEVER! Three times into an exposed courtyard, under intense enemy fire, with the last time being to retrieve the burning body of a fellow warrior, Esquibel truly led by example under the most dangerous of circumstances.

His citation concluded:

"By his outstanding display of decisive leadership, unlimited courage in the face of heavy enemy fire, and utmost devotion to duty, Lance Corporal Esquibel reflected great credit upon himself and upheld the highest traditions of the Marine Corps and the United States Naval Service."

Decisive leadership, unlimited courage, and devotion to duty is one heck of a recipe for life and battlefield success. Add intense and realistic training, and the intangibles of personal character and a personal bias for action, and you have a tremendous force-multiplier in any situation, be it peacetime or wartime.

I learned a long time ago that you can never give anyone that which he or she does not want to receive. Then-Lance Corporal Dominic Esquibel may have refused to receive his medal, but he will forever have my utmost respect for giving me the honor of being inspired by his story as the latest in our growing list of Navy Cross heroes.

Ellie

Evel

Trad climber

Nedsterdam CO

Nov 14, 2014 - 10:33am PT

Well I'm about disgusted with this. $750,000? I say double or triple that AND fire the SOB ranger. This crap has got to stop.

Toker Villain

Big Wall climber

Toquerville, Utah

Nov 14, 2014 - 10:33am PT

I hope Wagner is a good attorney.

graniteclimber

Trad climber

The Illuminati -- S.P.E.C.T.R.E. Division

Topic Author's Reply - Nov 14, 2014 - 10:39am PT

http://www.documentcloud.org/documents/1355181-parksuit.html

crankster

Trad climber

Nov 14, 2014 - 10:43am PT

Oh boy, another thread for lovers of low-hanging fruit.

limpingcrab

Trad climber

the middle of CA

Nov 14, 2014 - 10:47am PT

Bummer, I've never had anything but good experiences with rangers in SEKI, even when they pulled me over thinking I was growing weed for a drug cartel!

He should be compensated if the story is true as stated, but $750,000 for being handcuffed and cited!? Seems a little much.

Toker Villain

Big Wall climber

Toquerville, Utah

Nov 14, 2014 - 10:52am PT

Likely the attorney did.

graniteclimber

Trad climber

The Illuminati -- S.P.E.C.T.R.E. Division

Topic Author's Reply - Nov 14, 2014 - 10:52am PT

$750,000 sounds low to me, if the allegations are true.

===

Hero Marine claims mistreatment could cost his leg

A true American hero says he was treated like a common criminal at the gates of one of central California's national parks.
KFSN
By Corin Hoggard
Monday, June 09, 2014
FRESNO, Calif. (KFSN) --
A true American hero says he was treated like a common criminal at the gates of one of central California's national parks.

Dominic Esquibel says he was roughed up by a ranger at Kings Canyon National Park. The ranger apparently didn't believe Esquibel was handicapped. But the Marine has a major war injury and now, a claim against the government.

When Marines took Fallujah in Operation Phantom Fury, one of the biggest heroes was Dominic Esquibel. The lance corporal earned the Navy Cross for exposing himself to machine gun fire three times while saving two fellow Marines and helping to end an ambush. But Esquibel chose not to accept the second highest military honor.

"He is not someone seeking attention, not by any means a whiner as you can see from his military record," said Fresno attorney Butch Wagner, who represents Esquibel in his claim against the government.

Seven years after Fallujah, Esquibel stepped on an IED in Afghanistan. It tore off his heel and part of his ankle. But Esquibel battled to get back on his feet.

"He wears an exoskeleton, which is a type of a sophisticated brace that pretty much holds his leg in check so he is able to walk," said Wagner.

The Marine was using his device when he visited the Valley around Christmas 2012. Esquibel says he arrived at the gate of Kings Canyon National Park. It was winter, so the gate employee told him he needed snow chains if he wanted to go all the way into the park. And if he wanted to just take a picture, he had to wait for the traffic to die down.

So, he took a U-turn around the gate, and drove over to the handicapped spot. That's where he parked, put up his handicap placard, got out of his car and that's when his trip took a downward spiral.

In a complaint to the federal government, Esquibel says park rangers questioned his disability and arrested him. He says one ranger handcuffed him and kicked his injured leg. Esquibel says he was jailed in Fresno and although charges were eventually dropped, his injuries got worse and the incident may do what the IED didn't.

"When the ranger kicked him, it aggravated his condition, his vascular condition and he's been having more trouble with that leg than he normally does," said Wagner.

He says Esquibel could lose the leg, but Marine doctors are trying to save it.

A spokesperson for the park tells Action News the claim is being evaluated, but they can't discuss it.

If the government denies Esquibel's $750,000 claim, he'll file a lawsuit as soon as August.

donini

Trad climber

Ouray, Colorado

Nov 14, 2014 - 10:55am PT

Sounds damning and deplorable BUT, we still haven't heard the other side.

John M

climber

Nov 14, 2014 - 10:55am PT

but $750,000 for being handcuffed and cited!?

A ranger here in yosemite tore the ligaments in the shoulder of an employee they were arresting by forcing the guys arms together.

This guy had an injured arm. If it is injured further, how much is that worth?

"When the ranger kicked him, it aggravated his condition, his vascular condition and he's been having more trouble with that leg than he normally does," said Wagner.

He says Esquibel could lose the leg, but Marine doctors are trying to save it.

How much is his leg worth?