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A JUDGE HAS THROWN OUT THE CHARGES AGAINST A KOB PHOTOGRAPHER ACCUSED OF DISOBEYING A POLICE OFFICER AT A CRIME SCENE... THAT WAS BEFORE THE ROOKIE OFFICER ROUGHED UP OUR PHOTOGRAPHER. THE OFFICER IS NOW ON PAID LEAVE AND IS SCHEDULED TO HAVE A DISCIPLINARY HEARING NEXT WEEK. CRIS ORNELAS IS FOLLOWING TODAY'S DEVELOPMENTS--- HE'S HERE WITH OUR TOP STORY. IT WAS THE WEE HOURS OF MAY 29TH WHEN KOB PHOTOGRAPHER RICK FOLEY WAS SENT TO THE SCENE OF AN OFFICER INVOLVED SHOOTING. BEFORE IT WAS OVER FOLEY WAS IN CUFFS AND CHARGED WITH DISOBEYING A POLICE OFFICER. TODAY A JUDGE SAID THE OFFICER GOT IT WRONG. IT'S THE VIDEO THAT'S CIRCLED THE GLOBE ON THE INTERNET: ROOKIE APD OFFICER DANIEL GUZMAN ATTACKING KOB PHOTOGRAPHER RICK FOLEY. GUZMAN CLAIMED THAT HE TOLD OUR PHOTOGRAPHER TO GO TO A MEDIA STAGING AREA A FEW BLOCKS AWAY. FOLEY WAS ON A PUBLIC STREET -- OUTSIDE THE POLICE PERIMETER -- WHICH IS SUPPOSED TO BE ALLOWED. WHEN FOLEY DIDN'T MOVE FAST ENOUGH FOR GUZMAN HE LUNGED AT HIM THEN ARRESTED HIM AND SEARCHED HIS NEWS UNIT. TODAY METRO COURT JUDGE BENJAMIN CHAVEZ SAID OFFICER GUZMAN OVER- STEPPED HIS BOUNDS. 10:33-10:53 'that in and of itself is not illegal for instance the officer could run down to 4th and lomas right now and tell everyone on all corners to just leave. the officer could then cite everybody who didn't leave with the crime of refusing to obey an officer' THE JUDGE ALSO SAYS GUZMAN MESSED UP WHEN HE USED A TRAFFIC CITATION TO CHARGE FOLEY WITH A CRIME. JUDGE CHAVEZ SAYS HE SHOULD HAVE USED A CRIMINAL COMPLAINT THAT WOULD HAVE STATED THE PROBABLE CAUSE FOR THE ARREST. WITHOUT IT, THE JUDGE WAS FORCED TO DROP THE CHARGES. 15:48 'i am going to go ahead and dismiss without prejudice meaning that the state can re-file.' GUZMAN ISN'T GETTING A LOT OF BACK UP FROM THE DEPARTMENT EITHER. THE POLICE OVERSIGHT COMMISSION HAS GIVEN APD CHIEF RAY SCHULTZ A COPY OF THEIR FINDINGS ON THE INCIDENT. AND CHIEF SCHULTZ HAS PUT GUZMAN ON PAID LEAVE AS A RESULT. 17:24-17:34 'i think this case is dead i think it was dead from the beginning it was never a lawful order so the next step is this case should die it should wither on the vine and should die' WE MADE REPEATED CALLS TO APD TODAY REQUESTING COMMENT FROM CHIEF SCHULTZ AND WERE TOLD HE IS TOO BUSY. BECAUSE OF THIS CASE -- CHIEF RAY SCHULTZ WANTS TO CHANGE THE WAY OFFICERS DEAL WITH THE MEDIA AT CRIME SCENES. ONE OF THE PROPOSED CHANGES WOULD BAR OFFICERS FROM KEEPING REPORTERS AND PHOTOGRAPHERS FROM GATHERING NEWS OUTSIDE POLICE LINES. ANOTHER SETS GUIDELINES THAT SAY WHEN IN DOUBT ON HOW TO HANDLE THE MEDIA--- TO CALL A HIGHER RANKING OFFICER OR SUPERVISOR. RICK FOLEY RELEASED A STATEMENT REGARDING THIS WHOLE ORDEAL -- IT READS -- QUOTE -- 'IN MY 27 YEARS COVERING THE NEWS I HAVE NEVER INTERFERED IN OFFICERS PERFORMING THEIR DIFFICULT JOBS, NOR WOULD I. MY FATHER WAS A CAREER POLICE OFFICER AND I HAVE BEEN BROUGHT UP WITH THE GREATEST RESPECT FOR THE JOB THEY DO. YET ONE OFFICER FOUND TIME TO GRAB ME ON A PUBLIC STREET, HANDCUFF ME, PLACE ME IN A POLICE CAR AND PREVENT ME FROM DOING MINE.'