Texas Paramedics` Fracas Under Investigation

A La Porte homemaker feels caught in the middle of an escalating battle between two ambulance services that she says were both trying to help her ailing 84-year-old father.

The fight has prompted two investigations: one by the state into whether emergency services were delayed to the man and another into the circumstances that landed a paramedic from one of the services in jail.

Now authorities are trying to sort out how two ambulance crews, who are usually the good guys riding to the rescue, became the ones in trouble.

"I am so sorry this all happened. Both were only trying to help my father. I am shocked," said Sarah Zwiercan, who telephoned for an ambulance on Dec. 28. Her father, King Hager, who was transported from Zwiercan's home on Eagle Fork Court to the hospital, is still undergoing treatment there for fluid in his lungs, dehydration and kidney problems.

"We don't want to see EMS people fighting between each other," Harris County Assistant District Attorney Justin Wood said of the squabble between La Porte's ambulance service and Bay Star, a private service based in Baytown. "We are reviewing the police reports and talking to witnesses to see where things went awry."

Wood is prosecutor for the resisting-arrest charge filed against Bay Star's paramedic, Nathan Jung, who spent one night in jail. Jung bit the finger of a La Porte paramedic who assisted in the arrest, said Ray Nolan, who heads La Porte's EMS.

But in a written statement, Jung accuses the La Porte paramedic, Jason Peugeot, and the arresting police officer of being the ones who were abusive. Jung, 21, who will be a pre-med student at the University of St. Thomas in the fall, stated the unidentified officer slammed his head into the curb three times after he was handcuffed.

How it started

Two Bay Star medics were also ticketed by La Porte for failing to comply with a new ordinance requiring them to have a permit to operate in the city.

According to Zwiercan and Nolan, the squabble started after Zwiercan telephoned La Porte EMS for an ambulance after congestion in her father's chest worsened.

The La Porte dispatcher told her that the city does not handle non-emergency transports and gave her a list of private ambulance services from which to chose.

Zwiercan picked Bay Star, which she said promised to have an ambulance there in about 20 minutes.

While Zwiercan said she had not considered her father's case an emergency, Bay Star upgraded the run to an "emergency" because the patient was having difficulty breathing. La Porte dispatch then gave Bay Star a "verbal OK" to "run hot"with sirens and lights.

Following protocol, the La Porte dispatcher informed La Porte's paramedic supervisor, Peugeot, about Bay Star's emergency run.

This news concerned Peugeot because he knew Bay Star had never applied for an operating permit as required by the city's new ordinance, Nolan said.

New ordinance

Under the new ordinance, private ambulances are ordered to handle only non-emergency transports and must transfer any emergency cases to La Porte to assure that the highest grade of equipment and trained personnel are used, Nolan said.

The La Porte dispatcher, who had recently returned from a military tour in Iraq, was unaware that Bay Star was not in compliance when releasing the company's telephone number.

In October, Bay Star had stated its intention to apply for a permit in two separate e-mails but did not do so until after this incident, Nolan said.

"This would become the first time that citations were issued for violating this new ordinance," Nolan said.

The dispatcher then radioed Bay Star that Peugeot would be joining Bay Star personnel at the pickup site. But when asked if Peugeot was bringing an ambulance, the dispatcher replied, "No,"according to the 911 recording.

While Peugeot could treat the patient when he arrived in his utility vehicle, his vehicle was not large enough to transport anyone, said Charles Bryan, Bay Star's owner. So Bryan said his ambulance continued to rush to the site.

"It was really just a set up," Bryan said. "La Porte was more concerned with ticketing us than sending an ambulance out there."

Time in dispute

Nolan, La Porte's emergency medical service chief, denies anyone was set up.

However, he admits that Peugeot never radioed for a La Porte ambulance until after his utility vehicle had intercepted the Bay Star ambulance. Since Peugeot did not know the exact house number, he had to park his vehicle in the middle of the block where the patient lived and wait for Bay Star to arrive, Nolan said.

"After Bay Star pulled up, (Peugeot) got the number. He then ordered Bay Star to stay there while he called for (a La Porte) ambulance and proceeded to the residence," said Nolan, denying any delay in service. Only three minutes elapsed from when Peugeot was notified about the emergency run and when he reached the patient, Nolan said.

However, Jung, who was in a separate vehicle, and two medics riding in the Bay Star ambulance, disagree. They insist at least seven minutes were lost after Peugeot flagged them down and barred them from going to the patient's aid about 10 houses down the street.

While being told that they were in violation of the city ordinance, the Bay Star medics said they could plainly see the patient's family waving to them from their driveway.

"The Bay Star crew thought we should go and talk to the family later and apologize," said one of Bay Star's medics, Jazmin Vidal.

The other medic, Steven Adams, who is also a volunteer Deer Park fireman, described what happened that day as "madness."

Ongoing investigation

At the same time, Zwiercan was surprised to see two ambulances responding to her call for help and was never upset with either service. She said as soon as Peugeot had checked her father and placed him on oxygen, the La Porte ambulance crew arrived and took over.

At that point, Peugeot returned to the Bay Star attendants to ticket them for operating the ambulance there without a permit. He had also called a La Porte police officer to assist him.

However, Bay Star's paramedic, Jung, was exempt from being ticketed because he had not traveled in the ambulance, authorities said.

Despite that, the police report contends Jung became verbally abusive, using profanity, until the officer told him that he was under arrest.

"(The officer) wanted Jung to calm down, but he was having none of it. He got out of control," said La Porte Police Chief Richard Reff, describing a kicking, biting, screaming fit that resulted in Jung's being charged with resisting arrest.

However, Jung and the two medics say the confrontation started when the officer warned Jung and another medic to sign the citations or go to jail.

"(Jung) then says, `I'm not signing (expletive) until my supervisor gets here,' " said Vidal, indicating the officer then, without warning, grabbed Jung by the scruff of the neck.

The medics say Jung yelled that what was happening was "illegal" and kept trying to back away. He then crossed the street and waited at the curb until the officer "tackled" him in the grass and Peugeot helped with the handcuffing, the medics said.

Jung said he was repeatedly punched and slammed against vehicles and the curb during this struggle.

The resisting-arrest charge has not yet been set for trial, and now the Texas Department of State Health Services is investigating whether the squabble caused a delay in patient care. Bay Star filed a complaint with the state that initiated this probe.

The state hopes to complete its investigation by February. If it finds problems, the state can revoke operating permits and issue suspensions and fines.

"All I can tell you now is that it's an active investigation and we've talked to both parties," said Fernando Posado, the state's compliance spokesman.

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