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Gresham man says he was arrested for videtaping police

Gresham police: Arrest for interfering, not for camera


A man who claims Gresham police arrested him for videotaping an early morning drug bust is incorrect, Lt. Claudio Grandjean said.

The incident occurred around 4 a.m. Sept. 2 in the 2900 block of Northeast 23rd Street.

Fred Marlow III was arrested for interfering with a police operation and resisting arrest, Grandjean said, and would face the same charges if he hadn't had a cell phone camera.

Officers know full well that videotaping police is not against the law, Grandjean said, but Marlow was getting in the way of a SWAT operation and putting himself and officers in danger.

Marlow said in a statement on the Go Get Funding website, where he's trying to raise $5,000 for his defense, that he was sleeping in his apartment at East Wind Apartments when he heard loud noises and went outside.

“I ran to the front of the apartment and turned my camera on where I was assaulted (that's how I feel, I feel violated) by a Gresham police officer, Sgt. McGowan, who was unmarked carrying a machine gun,” Marlow wrote. “I told him it was not past my curfew and according to ORS 165.540 I did what I'm supposed to do because as soon as he shoved me the first time I told him, 'You're on iCloud' which is where the video was saved ... I did not resist arrest and I was not in the way or interfering. The public safety concern is that right across the street is East Wind Apartments.”

But it was because of public safety that Marlow was arrested, Grandjean said. He said before Marlow started taping, just as officers arrived in an armored vehicle, Marlow was walking within 10 feet behind it and had to be told twice to get back out of the way.

“In essence he was inside the police area,” Grandjean said. “We had to go up and engage him and say, 'You need to get back in your apartment.' It's the safest place for him to be. Most people, when you tell them that, they comply. It's a gigantic apartment complex, and we would have no problem if he was recording from the safety of an apartment, but in this case he's in the middle of a police operation in a dangerous situation.”

Police don't just call out SWAT teams every time they have an arrest warrant, Grandjean said, but must go by strict criteria that determine whether officers will simply knock on a door to serve a warrant or take extreme precautions, as they did in this case.

The precautions were warranted, Grandjean said, because police knew that inside a house across from the apartment complex was a convicted felon who turned out to have guns stolen in Hillboro. “He had a very serious criminal history and had a friend facing charges including kidnapping,” he said. “These were serious people.”

After entering the house, which Grandjean said neighbors had complained about because of drug and criminal activity, police arrested David Anthony Hartogh, 34, on a warrant related to an earlier conviction of second-degree assault. He has since been released, but may face new charges as an investigation continues.

The armored vehicle, which did not come from Homeland Security but was designed for police work, was meant to protect officers as well as the public, he said.

Media attention from clashes with police, such as recent incidents in Ferguson, Mo., have people on high alert about police misconduct, but in this case it's just not true, Grandjean said.

Nevertheless, Harlow's video has gone viral and Gresham police has received “hundred of calls,” Grandjean said, not from Gresham, but from other parts of the country, making negative comments.

“The poor secretaries pick up the phone and people just start cussing them out,” he said.

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