Archive for Thursday, March 24, 2011

Lawrence firefighter reaches diversion agreement in national anthem case

March 24, 2011


Lawrence firefighter faces charge of battery

The charge comes from an altercation with another man during a band concert when the firefighter asked the man to remove his hat during the national anthem. Enlarge video

A Lawrence firefighter must complete anger management counseling as part of a diversion agreement in connection with a confrontation with another man at a Free State High School band performance.

Daniel Clouse, 47, was issued a municipal court ticket for battery after another parent, Bob Mandell, didn’t take his hat off as the band played the national anthem Aug. 6.

Mandell told police that Clouse grabbed him by the neck and shook him, causing him some pain.

Days after he received the ticket, Clouse, a firefighter with Lawrence-Douglas County Fire Medical, disputed that he grabbed Mandell and said he wanted to get Mandell’s attention to tell him he should have removed his hat during the anthem.

Mandell said he had stood with his hand on his heart and forgot to remove his hat because he did not often attend football games and was not used to hearing the anthem. He said he didn’t mean to be disrespectful.

Clouse had been scheduled to appear Thursday in Lawrence Municipal Court, but court officials said the parties reached a diversion agreement. Clouse must abide by certain conditions for a year to get the charge dismissed.

According to the agreement, Clouse must:

• Write a letter of apology to Mandell.

• Complete an anger management evaluation and recommended treatment within six months.

• Must not violate any other laws in the next year, other than minor traffic infractions.

• Pay $253 for court costs and a diversion fee.

Mandell said he would have rather seen a conviction in the case but that he was OK with the diversion conditions.

“I want to see him come to repentance. I want to see him get help, and I want to make sure he doesn’t go do this to somebody else again,” said Mandell, who said he sought physical therapy for neck pain after the incident.

Neither Clouse nor his attorney, Mike Riling, could be reached for comment Thursday.


biggunz 7 years, 2 months ago

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somedude20 7 years, 2 months ago

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jafs 7 years, 2 months ago


I was wondering why the firefighter didn't have to pay the costs of the physical therapy.

Downtoearth 7 years, 2 months ago

With all respect, Hope they get over this one!! Can we move on!!

Stuart Evans 7 years, 2 months ago

I think he said that he wasn't used to hearing it because he didn't go to a lot of games.

jafs 7 years, 2 months ago

Check some of the comments made by folks who have served in the military who also think Clouse was way out of line.

statesman 7 years, 2 months ago

Frankly, with my disgust at the state of affairs in America today, I'd refuse to remove my hat for the national anthem too. I'm so angry at this country that I'd like to revoke my citizenship if I could.

gphawk89 7 years, 2 months ago

You can. Go to any US embassy in any foreign country and sign an oath of renunciation with a diplomatic officer witnessing. You might want to ensure that you can gain citizenship in another country first. Once you do it, you can't undo it.

Kontum1972 7 years, 2 months ago

statesman b4 u go mb u should read this book.

Edward Everett Hale (1822–1909). The Man without a Country

Taxpayer 7 years, 2 months ago

Firefighter Clouse, you are an embarassment to the Lawrence Fire Department and firefighters everywhere. Can you spell MORON?

greenquarter 7 years, 2 months ago

Good lord. We teach our own kids that you can't control other people and to pick your battles, and this parent acts like this. Great example you're setting for your kids, Dad. Anger management, indeed.

nut_case 7 years, 2 months ago

Maybe they just need to set down and have a beer?

Sunny Parker 7 years, 2 months ago

Statesman...Maybe you can take Michelle Obama with you! She hasn't been too proud to be an American in the past!

LeBo 7 years, 2 months ago

It is very sad that the 'americans' that have not served America have the most disrespectful views of their individuals "rights." This case should have been dismissed. There is no medical proof. Some vets would have done more than shake you Up!

bad_dog 7 years, 2 months ago

Pursuant to K.S.A. 21-3412, you can be charged with and convicted of battery for merely intentionally causing physical contact with another person in a rude, insulting or angry manner. No need for "medical proof" of bodily harm/disfigurement. Just poking someone in the chest with your finger or shoving/elbowing/shouldering them could suffice.

So no, the case should not have been dismissed, no matter the basis for the brouhaha.

LeBo 7 years, 2 months ago

P.S. this firefighter is what make a Patriot! Don't call the morons when you house is on fire or burglarized.

grimpeur 7 years, 2 months ago

Wow. Anybody who does what Clouse did is asking to get arrested and his teeth kicked in. What a grandstanding faux patriot. He's lucky he only got a legal dope slap.

akt2 7 years, 2 months ago

Well he served his country. Now he serves to save public property and lives. Even the whiny, unappreciative, disrespectful, ignorant, rude, uninformed public. Just get this Mandel his letter of apology so he can get on with more important things in life. This is clearly the highlight of his. He's probably never served his country or his fellow man a day in his life. His pity party is getting old.

LoveUsorLeaveUS 7 years, 2 months ago

Seeker of truth or seeker of other peoples money? Let me guess, you're a lawyer. Suing is not the answer.
Money is nothing compared to the freedom our troops fight and sacrifice lives for EVERY DAY!

MyName 7 years, 2 months ago

Unless there was some serious damage to the person being assaulted, I think this is just silly. The punishment should fit the crime. The crime is being a first class jerk and then using your patriotism as an excuse. The punishment is apology, a fine, and an admonition to be less of a jerk and to "sin no more". Doesn't seem wrong to me.

jafs 7 years, 2 months ago

It seems to me that he should have to pay for any medical treatment the victim had as well, at the very least.

LoveUsorLeaveUS 7 years, 2 months ago

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MyName 7 years, 2 months ago

I'm sorry, are we in the USA or N. Korea? This was a H.S. football game, a social event, not some kind of patriotic display. If you're not paying attention, or don't know what's going on, that's still no reason for other people to act like a jerk. People should mind their own business then wasting time trying to figure out whether the guy next to them is acting "patriotic enough".

lfsswimmer 7 years, 2 months ago

vertigo i extend a big a salute to you from one service member to another and pray for your safe return. i am currently preparing for deployment to the middle east myself and agree with everything you said above.

lfsswimmer 7 years, 2 months ago

as being a graduate/ former band member of the high school where this altercation took place, if a parent or person in the stands was not paying attention to what was going on the field with the marching band they would not know to remove their hat for the simple fact that in my three years there no announcement was ever made for people to rise and remove their hat for the playing of the national anthem. so mr. mandel is not a jerk and he does not need a wake up call and as for those of you who say he need to be sent to a war zone to learn how to respect this country and the service men and women like myself then lets just reinstate the draft and send the whole (explicite) country to a war zone. because just recently attended a KU baskeball game and witnessed several people not standing during the playing of the national anthem but also texting on their cell phone also. so lets send them. what everyone needs to realize is this world is not perfect and we are not perfect. people make mistakes no matter how dumb the mistake can be.

Kontum1972 7 years, 2 months ago

way....way... too much sports with men!

pizzapete 7 years, 2 months ago

I'm all for forcing people to stand up and take off their hats when they sing that song at sporting events. Show some respect, we killed lots of people for that song and that flag.

countrygirl 7 years, 2 months ago

Doesn't the PA announcer ask everyone to rise and remove their hats during the anthem?

Ricky_Vaughn 7 years, 2 months ago

If only people could just listen to the anthem and mind their own business... Forcing people to take their hat off? The Seventh Reich has begun...

JustNoticed 7 years, 2 months ago

Why even play the Anthem at a high school or any other football game? Think about it.

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