Religious service at elm tree ends in arrest

by Carolyn James

Amityville Police arrested a 31-year-old Amityville woman Sunday, May 21, charging that she interfered with the police as they attempted to cordon off an area around the Mighty Elm tree. The tree was slated to be cut down that day, and police were attempting to secure the area for the public's health and safety, they said.

But according to the woman, Kimberly Wilder of 32 George Brown Plaza, Amityville, the incident occurred before the work of cutting down the tree had begun, and at a time when she was simply standing with a group of people conducting a religious ceremony.

"I arrived there at 5:50 a.m., for a Sunrise Service and was walking around the tree playing the flute," said Wilder. "I asked the workman there, who were already taking up the sidewalk, if there was any problem with me being there, and they said no."

Shortly thereafter, police arrived and began placing cones around the area. Wilder said she got behind the cones and continued to play the flute. At one point Amityville Police Sergeant Ernie Thompson told her she had to move.

"At that point, people began going to the right and left and one of the women, Susan Blake, said she was going to speak to Mr. Gittleman about allowing us to finish the service. I didn't know who Gittleman was but assumed he was in charge of the scene and waited to see what we were going to do."

The service was being conducted by Native Americans who believe that every living thing has a spirit and should be treated with dignity and respect.

Wilder said Thompson and several other officers crowded around her when she didn't move fast enough. Thompson shouted to her to make up her mind and go either right or left.

"I was confused and felt very intimidated," said Wilder. "I picked up my flute in a reaction as I took a moment to think and the next thing I know, Sgt. Thompson shouted to me that he had given me three lawful commands; that I had not moved and that I was under arrest. He slapped handcuffs on me."

"This wasn't a demonstration," said another witness who also asked not to be named. "This was a service being conducted and these people were not protestors."

Some who were at the scene sided with Wilder. One person who asked not to be named said the officer overreacted. "There was no need to arrest her," he said. "It should not have happened."

But according to Amityville Police Chief Woodrow Cromarty, his officers were working to protect the health and safety of the public, particularly those who were near the tree. "They did what they had to do," he said. "And they acted appropriately."

The entire incident is on tape since police routinely record demonstrations and protests. That tape has been turned over to the district attorney's office as evidence.

Wilder said the district attorney offered to release her of the charges in contemplation of dismissal, but she said she does not want to have the arrest on her record. "I didn't do anything wrong," she said. "Why should I have this hanging over me."