A man was arrested for refusing to leave Samaritan Pacific Communities Hospital in Newport after police say they had to wrestle him to the ground in Toledo.

According to an affidavit of probable cause by Toledo Police Chief Michael Pace, who was briefed by involved officers and took witness statements, a Toledo officer responded to a disturbance call at about 5:30 a.m. on Saturday, Oct. 9, in the 700 block of Southeast Eighth Street.

Upon arrival, the officer determined it was a civil matter between a landlord and a tenant.

He told the tenant, Brandon R. Kester, 31, there was nothing he could do under those circumstances.

But the officer and two witnesses, one of whom was an off-duty Toledo police officer, said Kester refused to allow the officer to leave, standing in his front of his patrol car to block his exit. The officer told Kester if he didn’t move he would be arrested. When he refused to move and the officer attempted to affect his arrest, a witness said “Kester ‘hulked out’ and became very violent, belligerent and actively resisted arrest,” according to the affidavit.

It took both the on-duty and off-duty officer to wrestle Kester to the ground and put him in handcuffs. A witness told the News-Times she saw Kester appear to go limp after several minutes. Officers appeared to attempt intervention, and emergency medical services were called. Paramedics were able to revive him, and he was eventually transported from the scene via ambulance, the witness said.

Toledo police cited him on Class A misdemeanor charges of resisting arrest and interfering with a peace officer, as well as two counts of disorderly conduct, a Class B misdemeanor.

At about 7:50 a.m., a Newport police officer responded to a report of a patient being combative with staff at Samaritan Pacific Communities Hospital. According to a probable cause affidavit by the Newport officer, hospital staff told police Kester refused to cooperate after arriving at the emergency room, yelled at staff, called them derogatory names and created a disturbance at the nurse’s station at shift change.

Staff told police Kester lit a cigarette and refused to stop smoking inside the emergency room. “A doctor and other staff physically moved Kester out of the emergency room with a lit cigarette, where Kester continued to create a disturbance and claim that staff had assaulted him,” the affidavit reads.

When a Newport officer told Kester he was trespassed from the property and would have to leave or be arrested, Kester first began to walk away then took a few steps back and indicated he was going inside the hospital for treatment.

The officer arrested Kester on charges of second-degree disorderly conduct, for allegedly engaging in violent or threatening behavior with hospital staff, and second-degree criminal trespass.

He was arraigned on all six charges Oct. 11 before Lincoln County Circuit Judge Sheryl Bachart. No future court date for Kester is listed in the Oregon online judicial information system.

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