SAN DIEGO - An attorney representing a Chula Vista, Calif., firefighter who he claims was unjustly handcuffed said Tuesday that a lawsuit could be filed.
In an interview with 10News, Dan Gilleon said firefighter Jake Gregoire was wrongfully handcuffed by a California Highway Patrol officer in February. Gilleon said they've filed a lawsuit against the CHP and state, and a lawsuit could move forward if the claim isn't settled.
Gregoire was handcuffed by CHP officer Sergio Flores after both departments responded to a crash scene on Interstate 805 where a Ford Mustang overturned.
He said two people were trapped after their car flipped. He said he was holding the gurney and was about to put one of them in an ambulance when Flores told him to move the rig.
"I was crushed to say the least," Gregoire said. "I was absolutely crushed because I didn’t know what to think."
"We’re delaying the care given to them because we’re spending time talking about where to park essentially," Gregoire explained.
Gregoire said he was using the 42,000 pounds of steel to protect the patients and the first responders from oncoming traffic, which is what he was trained to do.
Gilleon said Gregoire, as a firefighter, had command at the crash scene citing the Incident Command System.
"My firefighter had command at that point because there were sick and injured," Gilleon said. "In my opinion, it all has to do with ego."
Gilleon said his client wants to prevent similar incidents from happening in the future.
"We want the CHP to acknowledge that firefighters are in command," he said. "If they don't want to take that settlement, this claim will be litigated in court."
Gilleon claims he has proof that the same CHP officer was involved in a 2010 incident where he threatened to arrest another firefighter.
10News has been looking through codes to determine if the officer had the authority to make them move.