cont.....
The Boyds' allegations against Leloup cannot be easily dismissed because of a third-party witness who saw the incident and was so angered by what he saw that he left his contact information on a note placed on the windshield of Brian Boyd's pickup.
Lee Mize, 69, who lives near Sacramento, said he was driving through Glamis on Nov. 2 with his wife, Pat Mize, because they wanted to enjoy the scenery of the sand dunes. They had only seen the sand dunes from onboard the airplanes they frequently fly in when traveling to Arizona to visit family.
"Every time we fly over the area we think it's a nice-looking place to go to. This time we decided to drive by the sand dunes," said Lee Mize.
The Mizes stopped at the BLM ranger station near Highway 78 in Glamis to look at a map of the area when they heard "a lady" arguing with "a young man" who they later learned was Brian Boyd. The Mizes were about 20 to 30 feet from where the argument was taking place. Mize said he and his wife really did not start to pay attention to the argument until two rangers (Leloup and Magill) arrived on their ATVs.
Lee Mize said he could not make out the discussion between Brian Boyd and the two rangers, but he described it as being "a heated discussion going back and forth." Lee Mize added it was when Brian Boyd turned around to go to his pickup truck that he witnessed a "tragic" incident.
"The next thing I see is this kid turning around and take a few steps towards the back door of his pickup truck. When he reached for the door handle it looked like the officer was trying to block him from doing it. ... The officer grabbed the kid in a chokehold with his right arm that appeared to me to be very unnecessary. He put his left arm behind the kid's head and took him down real strong, real violently. It appeared to me that by doing that you could really hurt somebody," said Lee Mize.
The second ranger then jumped on top of both men, said Mize. It was after both rangers had handcuffed Brian Boyd and gotten off of him that Mize witnessed what he described as a "sickening" sight.
Lee Mize said: "The arresting officer grabbed him (Brian Boyd) by the back of the neck and started hammering his face into the dirt. I thought that was uncalled for because I didn't see that kid moving. He was just laying there saying he was hurt."
Lee Mize continued: "One of the officers said ‘Ah, hell, he's not hurt' and they pick him up off the ground and they drag him to the ATVs a few feet away. Then they held him there and let him go. Apparently, he had no feeling in his legs because he just fell down onto the back of the ATV and then to the dirt. He said ‘I have no feeling in my legs. I'm hurt.' I just thought the whole thing was a shame," said Mize.
Especially of concern to Lee Mize was the fact that it appeared to him that Brian Boyd posed no threat to the rangers as he stood barefoot in the sand as he spoke with them.
"The way they just stormed at him it was like they thought he was some kind of threat. It was just way too much an abuse of power. If the kid had taken a swing at them it would've been different, but he just stuck out his hand to grab the door handle of his truck," said Lee Mize.
What he witnessed disturbed him so much that Lee Mize almost intervened on Brian Boyd's behalf, but his wife convinced him not to do so considering his age. At his wife's urging Lee Mize left a note on Brian Boyd's pickup with the couple's phone number written on it so they could be contacted about what they had seen.
"When I saw this I could visualize that it had been my own son. I'm 69 years old and if not I would have been combative. It was just sickening what I saw. It was uncalled for. I hate to see police do that because there are some good cops out there. Sometimes some of them think they're the judge, jury and executioner all rolled up into one. When they have you handcuffed you're pretty much at their mercy," said Lee Mize.
If the situation had differed and Brian Boyd had done something wrong to deserve such treatment, then things would be different, added Lee Mize.
"I wouldn't have left a note if I would have seen the kid being smart or something like that. It was uncalled for. ... I had a hard time turning my back on something like that. We don't have to put up with that kind of stuff. People are out here to have fun. ... He (Brian Boyd) didn't look like a troublemaker. ... He looked like a clean-cut kid," said Lee Mize.
According to family, Brian Boyd remains in a wheelchair, cannot walk more than a few steps before experiencing debilating back pain and has no feeling in his right leg below the knee. He has been unable to attend his aviation science classes at Palomar College in San Marcos and it is unknown when he will be able to resume his studies.
Doctors are taking a wait-and-see approach, but they have indicated Brian Boyd will most likely have a lifetime of back problems.
Tom Boyd said he is especially disheartened because his son's career plans are in jeopardy because of his injuries. His son was planning on becoming a naval aviator like his father but his future is now uncertain.
"His whole future is in jeopardy because of these guys," said Tom Boyd.
The Boyds said they plan to file a complaint with their congressman, Randy "Duke" Cunningham, R-Escondido, and ask him to launch a congressional investigation into the matter. Cunningham flew in the Navy with Tom Boyd and was one of his "Top Gun" instructors. Tom Boyd describes him as being a "mentor" to his son.
A spokeswoman with Cunningham's office said the Boyd family's complaint has not yet been received. The spokeswoman said Cunningham would like to help them and make this case a priority.
Tom Boyd said his biggest worry is that the investigation of the incident will be whitewashed by federal law enforcement officials. His attorneys are looking into whether the incident occurred on state land, thus allowing the Imperial County Sheriff's Office to perform its own investigation.
An ICSO spokesman said the investigation into the incident is being handled by the FBI office in El Centro.
Bob Sellers, the supervisory resident agent at the FBI office in El Centro, said a complaint against the BLM rangers has been received by his office from the Boyd family's attorneys.
"We have received a complaint concerning the incident. We don't know any of the specifics involved yet. ... We'll interview the involved parties to determine the viability of these allegations like we do in every case," said Sellers.
The Boyds said ultimately they would like to see the rangers involved in the incident face criminal charges. They are also planning on filing a civil lawsuit against the BLM and the rangers involved in the incident.
Officials with the BLM office in El Centro were unavailable for comment.
Tony Staed, the BLM's deputy state director for external affairs, said information on the incident has not yet made its way to the BLM's state headquarters in Sacramento. Staed said there are a variety of disciplinary actions that could be taken against the rangers if the allegations against them are determined to be true by the investigation.
The Boyds have asked that anyone who might have witnessed the incident to call the legal firm representing them, Singleton & Associates in San Diego, at (619) 239-3225.
>> Staff Writer Michael A. Salorio can be reached at 337-3441 or [email protected]
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The Boyds' allegations against Leloup cannot be easily dismissed because of a third-party witness who saw the incident and was so angered by what he saw that he left his contact information on a note placed on the windshield of Brian Boyd's pickup.
Lee Mize, 69, who lives near Sacramento, said he was driving through Glamis on Nov. 2 with his wife, Pat Mize, because they wanted to enjoy the scenery of the sand dunes. They had only seen the sand dunes from onboard the airplanes they frequently fly in when traveling to Arizona to visit family.
"Every time we fly over the area we think it's a nice-looking place to go to. This time we decided to drive by the sand dunes," said Lee Mize.
The Mizes stopped at the BLM ranger station near Highway 78 in Glamis to look at a map of the area when they heard "a lady" arguing with "a young man" who they later learned was Brian Boyd. The Mizes were about 20 to 30 feet from where the argument was taking place. Mize said he and his wife really did not start to pay attention to the argument until two rangers (Leloup and Magill) arrived on their ATVs.
Lee Mize said he could not make out the discussion between Brian Boyd and the two rangers, but he described it as being "a heated discussion going back and forth." Lee Mize added it was when Brian Boyd turned around to go to his pickup truck that he witnessed a "tragic" incident.
"The next thing I see is this kid turning around and take a few steps towards the back door of his pickup truck. When he reached for the door handle it looked like the officer was trying to block him from doing it. ... The officer grabbed the kid in a chokehold with his right arm that appeared to me to be very unnecessary. He put his left arm behind the kid's head and took him down real strong, real violently. It appeared to me that by doing that you could really hurt somebody," said Lee Mize.
The second ranger then jumped on top of both men, said Mize. It was after both rangers had handcuffed Brian Boyd and gotten off of him that Mize witnessed what he described as a "sickening" sight.
Lee Mize said: "The arresting officer grabbed him (Brian Boyd) by the back of the neck and started hammering his face into the dirt. I thought that was uncalled for because I didn't see that kid moving. He was just laying there saying he was hurt."
Lee Mize continued: "One of the officers said ‘Ah, hell, he's not hurt' and they pick him up off the ground and they drag him to the ATVs a few feet away. Then they held him there and let him go. Apparently, he had no feeling in his legs because he just fell down onto the back of the ATV and then to the dirt. He said ‘I have no feeling in my legs. I'm hurt.' I just thought the whole thing was a shame," said Mize.
Especially of concern to Lee Mize was the fact that it appeared to him that Brian Boyd posed no threat to the rangers as he stood barefoot in the sand as he spoke with them.
"The way they just stormed at him it was like they thought he was some kind of threat. It was just way too much an abuse of power. If the kid had taken a swing at them it would've been different, but he just stuck out his hand to grab the door handle of his truck," said Lee Mize.
What he witnessed disturbed him so much that Lee Mize almost intervened on Brian Boyd's behalf, but his wife convinced him not to do so considering his age. At his wife's urging Lee Mize left a note on Brian Boyd's pickup with the couple's phone number written on it so they could be contacted about what they had seen.
"When I saw this I could visualize that it had been my own son. I'm 69 years old and if not I would have been combative. It was just sickening what I saw. It was uncalled for. I hate to see police do that because there are some good cops out there. Sometimes some of them think they're the judge, jury and executioner all rolled up into one. When they have you handcuffed you're pretty much at their mercy," said Lee Mize.
If the situation had differed and Brian Boyd had done something wrong to deserve such treatment, then things would be different, added Lee Mize.
"I wouldn't have left a note if I would have seen the kid being smart or something like that. It was uncalled for. ... I had a hard time turning my back on something like that. We don't have to put up with that kind of stuff. People are out here to have fun. ... He (Brian Boyd) didn't look like a troublemaker. ... He looked like a clean-cut kid," said Lee Mize.
According to family, Brian Boyd remains in a wheelchair, cannot walk more than a few steps before experiencing debilating back pain and has no feeling in his right leg below the knee. He has been unable to attend his aviation science classes at Palomar College in San Marcos and it is unknown when he will be able to resume his studies.
Doctors are taking a wait-and-see approach, but they have indicated Brian Boyd will most likely have a lifetime of back problems.
Tom Boyd said he is especially disheartened because his son's career plans are in jeopardy because of his injuries. His son was planning on becoming a naval aviator like his father but his future is now uncertain.
"His whole future is in jeopardy because of these guys," said Tom Boyd.
The Boyds said they plan to file a complaint with their congressman, Randy "Duke" Cunningham, R-Escondido, and ask him to launch a congressional investigation into the matter. Cunningham flew in the Navy with Tom Boyd and was one of his "Top Gun" instructors. Tom Boyd describes him as being a "mentor" to his son.
A spokeswoman with Cunningham's office said the Boyd family's complaint has not yet been received. The spokeswoman said Cunningham would like to help them and make this case a priority.
Tom Boyd said his biggest worry is that the investigation of the incident will be whitewashed by federal law enforcement officials. His attorneys are looking into whether the incident occurred on state land, thus allowing the Imperial County Sheriff's Office to perform its own investigation.
An ICSO spokesman said the investigation into the incident is being handled by the FBI office in El Centro.
Bob Sellers, the supervisory resident agent at the FBI office in El Centro, said a complaint against the BLM rangers has been received by his office from the Boyd family's attorneys.
"We have received a complaint concerning the incident. We don't know any of the specifics involved yet. ... We'll interview the involved parties to determine the viability of these allegations like we do in every case," said Sellers.
The Boyds said ultimately they would like to see the rangers involved in the incident face criminal charges. They are also planning on filing a civil lawsuit against the BLM and the rangers involved in the incident.
Officials with the BLM office in El Centro were unavailable for comment.
Tony Staed, the BLM's deputy state director for external affairs, said information on the incident has not yet made its way to the BLM's state headquarters in Sacramento. Staed said there are a variety of disciplinary actions that could be taken against the rangers if the allegations against them are determined to be true by the investigation.
The Boyds have asked that anyone who might have witnessed the incident to call the legal firm representing them, Singleton & Associates in San Diego, at (619) 239-3225.
>> Staff Writer Michael A. Salorio can be reached at 337-3441 or [email protected]
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Email this story
I'm kinda like the old dude Mize though...I don't know if I coulda just stood there...:twak I might of ended up hand cuffed right along with him...:shrug (cause no matter how bad you think you are..thats a fight you don't win!)
