Archive for the ‘Cop Watch’ Category

January 9th, 2013

FBI – Texas Rangers Sting Results in Arrests of Four Texas Law Enforcement Officers Including the Son of Local Police Chief and the Son of the Local County Sheriff Who Moonlighted in Cocaine Trafficking

This week, the announcement came down from the Hidalgo County Sheriff’s Office: its scandal-ridden “Panama Unit” will be shut down permanently at the orders of Hidalgo County Sheriff Lupe Treviño.

Hidalgo County is an Important County in Texas – With a History of Police Corruption

You know the place:  Hidalgo County sets right on the Texas-Mexico border, home to the city of Edinburg, and it’s far from a tiny backwater community:  Hidalgo is the 8th most populated county in the State of Texas and it’s also considered to be one of the fastest-growing counties in the country.

It’s the same place where we posted about the Hidalgo County constable being convicted of felony theft for taking a seized, stolen truck for his personal use and where another FBI sting resulted in Edinburg police officer Robert Alvarez being indicted and charged for some very serious crimes which included having sexual relations with a female robbery suspect in the jail and submitting inflated time sheets to get higher overtime pay.

Hidalgo’s Panama Unit is Shut Down After Making National Headlines for Corruption

This shutdown of the special police drug unit isn’t a big surprise considering the national headlines the Panama Unit has been making over the past few weeks after Sheriff Trevino’s son as well as the son of the Chief of Police for Hidalgo, Texas, were both arrested by federal agents along with other members of the infamous “Panama Unit.”

In one more federally-coordinated sting operation, the Department of  Immigration and Customs Enforcement (ICE) worked with the Federal Bureau of Investigation as well as the Drug Enforcement Administration (DEA), the Department of Justice’s Office of the Inspector General, and the Texas Rangers to bring down a group of law enforcement officers down in South Texas who were making money on the side by playing both sides of the law.

What were the Texas cops who were arrested in the FBI Sting doing?

The investigation revealed that the son of the Police Chief and the son of the Deputy Sheriff (as well as another two men employed as Deputies by the Hidalgo Sheriff’s Department), were not only on the official government payroll to serve and protect as Hidalgo police officers, they were also being paid by drug dealers to protect their shipments of cocaine coming through Texas.

The sting resulted in the arrest of these four officers and the rest of the Panama Unit quit their jobs. The man assigned to oversee the Panama Unit, Hidalgo Police Department Sgt. Roy Mendez, remains on the force – he’s now on the streets, back on patrol.

The actual FBI arrests of Alexis Espinoza, 29, son of Hidalgo Police Chief Rudy Espinoza, and Jonathan Treviño, 28, the son of Hidalgo County Sheriff Lupe Treviño, happened shortly before Christmas.

Federal Complaints Describe Cops on Drug Cartel Payroll to Protect Cocaine Trade Along Texas Roadways and Thru Checkpoints

From the complaints (Espinoza; Trevino) and other documentation filed in the federal court records, it is known that the sting began after ICE got a tip that there were some South Texas police officers on the take, making money on drugs.  Soon, federal authorities were acting on the tip by faking a drug deal where a car carrying cocaine was driven from McAllen to Weslaco and a deal was made for Hidalgo Police Officer Alexis Espinoza to escort and protect that cocaine-filled car on its route.  He was paid $1500 down and several thousand dollars more when the car successfully made its trip.   The federal agents did this again: once more, Officer Espinoza together with another officer protected a vehicle as it transported cocaine from one location to another on Texas roads in exchange for several thousand dollars payment (around $3500 – $4000).

Soon, the feds learned that the Panama Unit was corrupted — and that the Hidaldo Sheriff’s Department unit assigned to fight drug crimes was instead working with drug dealers to move narcotics along Texas roads.  Officers Trevino, Espinoza, and Rodriguez of the Panama Unit were paid by a federal informant to protect the move of 7 kilos of cocaine from McAllen to Edinburg for payment of $6000.00.  Federal authorities upped the ante after this round:  according to the federal complaint, Panama Unit member Duran and an unknown cohort agreed to protect a vehicle that was moving 20 kilos of cocaine from McAllen through the Falfurrias checkpoint.  Shortly after this fake drug deal, the arrests were made.

Now, we can all monitor how these two sons of the men in charge of insuring Texas law is respected in Hidalgo County proceed through the federal courts and the federal system of justice.   Good thing that this all came down after Hidalgo Sheriff Lupe Trevino was reelected for a third term in November, right?

December 26th, 2012

Two Dallas Police Officers Facing Criminal Investigations After Dallas Civil Trial Judge Rules Their Sworn Testimony in 2011 Criminal Case Is “Perjurious”

Judge Carl Ginsberg presides over the 193rd Judicial District Court of Dallas County, Texas, and has been a Texas trial court judge since January 2007, so he’s not new to the ball game, and when he issued his opinion regarding the Melvin Williams criminal case earlier this month, Judge Ginsberg must have been well aware of the ramifications of his ruling.  Interestingly, there’s not that much media coverage of what Judge Ginsberg has done, just one story in the Dallas Morning News.

Good for the Dallas News, of course, but it’s something that Texas citizens (particularly those in the Dallas – Fort Worth Metroplex) should hear about, so we’re sharing Judge Ginsberg’s ruling here today.

What Has Texas Judge Ginsberg  Done?

The case came before the 193rd District Court as a civil forfeiture case, where the State of Texas was seeking to keep cash that had been taken during a criminal arrest. After hearing the case, including evidence presented as exhibits and as testimony from witnesses, Judge Ginsberg has ruled from the bench that two law enforcement officers of the Dallas Police Department lied – and not just once – under oath in testimony they gave concerning a December 2011 arrest of criminal defendant Melvin Williams.  Judge Ginsberg calls their testimony “largely perjurious.”

Largely perjurious? Perjury is a crime for giving false testimony under oath.  If perjury is “aggravated,” then it’s a 3rd degree felony charge.  Texas law (Texas Penal Code 37.03) defines “aggravated perjury” as: (1) made during or in connection with an official proceeding; and (2)  is material.

What Did the Two Dallas Police Officers Do?

It’s too soon to report whether or not the two police officers are facing felony charges because the case is still in the investigatory stages; however, Judge Ginsberg has been pretty clear about his perception of things.  He’s heard evidence and issued his opinion.

Judge Ginsberg found that Dallas Police Officers Jon Llewellyn and Randolph Dillon (1) first had no probable cause to detain the defendant Mr. Williams; (2) the two police officers lied about where they found some of the drugs made the basis of charges against Mr. Williams; and (3) they lied about where they found money used as the basis of charges against Mr. Williams.  The Court ruled that this resulted in violation of Mr. Williams’ constitutional rights.

What Happens Now?

Surprising to no one, the ruling of Judge Ginsberg has gone up on appeal.  What happens next to the Dallas Police Officers will be dealt with in the investigation of their statements and in cases brought based upon that investigation.  It will not be immediate arrest of the two officers based upon Judge Ginsberg’s ruling.  Also, since the Ginsberg opinion resulted from a civil matter, it does not impede or halt the criminal proceedings against Melvin Williams – but one can assume that Mr. Williams’ defense will take note of this civil judge’s review with its constitutional implications.

The full impact of Judge Ginsberg’s opinion has yet to be seen.

December 19th, 2012

Dallas Roadside Body Search by DPS Troopers Now Subject to Federal Lawsuit – Shocking Video of Dallas Roadside Search of Two Innocent Women

Over the years, we’ve monitored law enforcement in traffic stops and we’ve posted about bad things that have happened on Texas roadways, things like  these dashcam video captures of law enforcement doing wrong (these aren’t the only examples we’ve found, check out our “Cop Watch” section in the sidebar for more):

  1. the Lufkin police officer who pulled over senior citizen Tracey Lott as Mr. Lott was racing his buddy Johnny Hodge to the hospital (where Mr. Hodge was hospitalized for blood pressure and respiratory problems).  The Lufkin officer is caught on his own dashcam as he ignores the distress of Mr. Hodge there in the vehicle, and instead draws his weapon on Mr. Lott, handcuffs the elderly gentleman, and throws him into the squad car;
  2. the Dallas police officers who were videotaped as they chased Andrew Joseph Collins in South Dallas, caught him, and then beat the man with their fists as well as their batons; and
  3. the Travis County Constable (that’s the Austin area) who was filmed using a stun gun (Taser) not once but two times on a 72 year old woman during a traffic stop.

However, the latest dashcam video that has been making the news media rounds this week is perhaps the most astonishing yet:  and no surprise to most criminal defense attorneys here in Texas, it’s now the basis of a lawsuit filed against the Texas Department of Public Safety (DPS) and others involved in this horrific disregard for the rights of ordinary citizens driving along Texas roads.

Irving Traffic Stop Dashcam Video Shows Intrusive and Embarassing Roadside Cavity Search of Two Women Now Basis of Lawsuit

Back in July, Angel Dobbs and her niece Ashley, 24, were driving along Highway 161, going north, when they were pulled over by a Texas DPS Trooper  named David Ferrell. On the video (see it below), DPS Trooper Farrell claims to have pulled the car over because he saw a cigarette butt being tossed out of the car window and that he called DPS Trooper Kelley Helleson to assist him after he allegedly smelled marijuana coming from the vehicle.

No marijuana, nor any other drugs, were ever found in their car.  Moreover, the two women both denied using drugs or knowing anything about any drugs, or having any drugs including marijuana in their possession, custody, or control.

It didn’t matter what they said.  As you can see from the dashcam video, Trooper Kelley Helleson performs a cavity search on these two women during a routine traffic stop here in Dallas, Texas, there on the side of the road.  The video tells the story and the lawsuit is clear: the two women are now seeking damages for what they are describing as a painful and humiliating cavity search. Angel and Ashley Dobbs have sued Troopers Helleson and Farrell as well as Steven McCraw in his official capacity as Director of the Texas Department of Public Safety.

You can read the complaint that they filed in federal court online with all its details of what these women experienced — again, there on the side of a Dallas roadway.

The dashcam video is here (WARNING: THIS IS GRAPHIC IN NATURE):

Ten Things to Know In Case Your Car is Pulled Over in Texas

Here, from the Resources section of the DallasJustice.com web site are ten things to know about when law enforcement in the State of Texas pull your vehicle over:

  1. Your car cannot be pulled over by the police without a reason. Law enforcement cannot stop your vehicle on a whim. They can’t pull you over just to look at your driver’s license and registration. Under the law, the law enforcement officer must have a reasonable belief that there has been either a violation of traffic laws or some other crime.
  2. Once stopped, you are under no legal duty to tell the officer anything other than your name and your home address. That’s it.
  3. You should have the proper stickers on the windshield of your car and your vehicle should be in good working condition. You can be legally stopped if a turn signal isn’t working, or you’ve gone past the month/year deadline on your state windshield sticker.
  4. You can ask to have your attorney with you for questioning at any time a law enforcement officer is asking you questions.
  5. You do not have to agree to any tests of your physical condition. There is no legal requirement that you do any breath tests, field sobriety tests, or blood tests. None.
  6. If things are getting complicated with the officer, stay calm. Use good manners. Ask for your lawyer, politely and firmly. Make sure you have the officer’s badge number.
  7. Your home cannot be entered by the law enforcement officer even if he’s stopped your car right out front. The Fourth Amendment of the U.S. Constitution has lots of protections for the homes of Americans. Exception: if you invite the officer inside. Another exception: the police have legal justification to do so (say, someone screams “help” from inside the home or there’s an explosion or other imminent danger signal).
  8. If your car is stopped then start watching the clock. Law enforcement cannot hold you there on the side of the road for an extended period of time. If things are taking too long, get your lawyer on the line.
  9. It’s not legal to drive under the speed limit, just over. You should not be stopped by law enforcement if you are driving less than the posted speed limit. That’s not suspicious behavior that justifies someone being pulled over under the law.
  10. It’s not legal to block your car or otherwise prevent your vehicle from moving forward once you’ve been pulled over. Law enforcement officers cannot restrict your freedom to leave after their pulled you over by parking in front of you or otherwise creating a barrier.
October 31st, 2012

Texas Police Drones and Spy Planes: Texas Already Has Law Enforcement Surveillance In the Sky Includes Weapons and Thermal Imaging

The latest news on Texas skies having eyes watching all of us (giving a whole new meaning to the Eyes Of Texas, doesn’t it?) is that the State of Texas has bought a new, fancy Pilatus PC-12 NG Spectre for $7.4 million.  It’s a plane; a very special plane … especially when you consider that the manufacturer’s web site puts the starting price at “around $650,000 USD.”

Texas Buys Spy Plane with Millions in Customized Gizmos

The Pilatus PC-12 NG Spectre Multi-Mission Aircraft will come to Texas in a few months; right now, it’s being modified over at the manufacturing plant in Switzerland with surveillance gizmos that are akin to the stuff that the U.S. Military drones use in the battlefield in their pilot-free drones that snoop over enemy territory.  The Swiss are installing things like $1 million worth of surveillance cameras that can not only take high resolution images but can provide law enforcement with thermal imaging, too.

This isn’t a big plane, however.  It’s a single engine aircraft (customized down from the standard twin-engine turboprop); the plane will come with four sets of night vision googles too.

The Texas Department of Public Safety is telling the media that Texas needs this Spy Plane for use along the Texas-Mexico border. However, in his statement there is no guarantee that this will be it’s only use (or that South Texas will be its only coverage area).

Drones Already in North Texas

Here in the Dallas area, that Spy Plane roaming down near the Rio Grande is disturbing but it’s not that close to our neck of the woods.  However, that doesn’t mean our skies aren’t watching us.

Already, North Texas police departments are checking into using drones in their law enforcement efforts.  Dallas County, Montgomery County, and others were looking into buying drones (insect-looking machines fitted with cameras that fly in the air) like the Condor Aerial Drone for over a year now (Montgomery bought one in 2011). The Condor Drone, according to its manufacturers, can read your car’s license plate from its place in the sky a half mile away from you.  And it has thermal imaging, too.

In the sky, one-half mile away, and it’s reading your plates.  Think about that.

And consider the question raised by Matt Simpson of the Austin office of the American Civil Liberties Union:  even if you aren’t concerned about a police drone reading your car license plate, what do you think happens to that information?  Is it shared with others?

This information could easily be organized and stored so that every citizen’s behavior patterns were known – where they go, when they go, how long they stay.  Think of the implications here.  Divorce cases.  Stores wanting to know when you shop.  Child predators.

This is a serious invasion of our privacy rights and it’s happening while we’re setting here.


October 24th, 2012

Dallas Police Chief David Brown Firing Police Officers – Terminations of Veteran Cops Continues in Dallas

Dallas Police Chief David Brown will fire police officers – he’s made news in the past when he sacked Dallas Police Officer Eric Watts back in July 2012 after an internal affairs investigation demonstrated to Chief Brown that the six year veteran had put false information on a police report which formed part of the felony charges against a citizen that were dropped after the dashcam failed to jive with the written incident report filed by Watts.

Police Chief Brown Expected to Fire Two More Veteran Dallas Cops Soon

  • Dallas Police Officer Andrew Maldonado – DWI Charges

This week, news is that two more police officers employed by the Dallas Police Department may be getting their walking papers from Dallas Police Chief Brown.  In the case of Dallas Police Officer Andrew Maldonado, who has been on the job for five years, he may get terminated by Chief Brown (Brown will make the final call soon, Maldonado has already been recommended for termination by DPD investigators).

In Officer Maldonado’s case, he was arrested on a DWI (driving while intoxicated) back in January after he crashed his vehicle into a light pole shortly before dawn over on West Lovers Lane.  Reports from the scene of his arrest show that Maldonado smelled like booze and he lost his balance 8 times in a field sobriety test.  His BAC tested at twice the legal limit, coming in at .18.

The criminal case (a misdemeanor) against Andrew Maldonado is still pending.

  • Dallas Police Officer Victor Esparza – Domestic Violence Charges

Meanwhile, Chief Brown faces another termination decision which some may consider even more serious: Dallas Police Officer Victor Esparza is set for a disciplinary hearing before his boss, and it’s expected to result in Esparza being canned. Why? Victor Esparza, a Dallas Police Officer for over three years, is already on 2 years criminal probation for misdemeanor charges of child endangerment, having originally faced a felony count of endangering a child (his toddler son) and a misdemeanor assault charge for allegedly assaulting his girlfriend at the time.  Esparza was arrested in July 2011 for domestic violence charges:  family violence assault and family violence endangering a child (felony).

Police incident reports from July 2011 have Esparza drunk at his Garland home; the couple quarreled and the girlfriend took their son and left. She told police that Esparza followed her in his car to her apartment, grabbed the one year boy in his car seat from her and put the baby into his vehicle, despite the mother’s protests and her attempts to get the child out of Esparza’s vehicle. She fought to get the baby, did so, and then while trying to take the baby into the apartment, there was a scuffle which ended up with the girlfriend falling on concrete steps and the baby (still in the car seat) falling on top of her. Baby was fine, girlfriend was hurt.

Last month, the felony charge was dropped to a misdemeanor and Esparza is now on probation.

October 17th, 2012

Texas DPS Labs Bottlenecked So They Aren’t Testing for Misdemeanor BAC or Drug Evidence (K2, Salvia, Spice, etc.) Now – Unless a DA Specifically Requests It.

The Texas Department of Public Safety (DPS) did not get much media brouhaha over a recent change in its operating procedures, but something has changed in the way that DPS does things that will impact many, many Texans (and others) who are charged with misdemeanors involving blood alcohol or drug testing.

In the past, the DPS Crime Laboratories would take and test any blood alcohol and drug evidence that was submitted to it, regardless of whether or not the stuff was being used to convict someone for a misdemeanor or a felony.

No more.

In a letter dated August 6, 2012, Pat Johnson, the Deputy Assistant Director, LES Division of the Crime Laboratory Service for the Texas Department of Public Safety sent out a notice to all of DPS’s “law enforcement partners,” explaining that as of September 1, 2012, the thirteen (13) DPS Laboratories:

“…would like to prioritize our analysis on controlled substance evidence likely to be categorized as a felony offense. There is no change from the current manner of submission on felony cases. For controlled substance evidence likely to be categorized as a misdemeanor offense – possession of Marihuana under four ounces, synthetic cannabinoid materials (K-2, Spice, etc) under four ounces, identifiable dangerous drugs, etc – the crime laboratories would like to receive and analyze this evidence only when the prosecutor needs a laboratory report to prosecute the case. Law enforcement agencies are requested to hold these misdemeanor cases and submit them to the laboratory only when such a request is made by the prosecutor.”

DPS Crime Labs Overwhelmed So They Are Nixing Misdemeanor Evidence Testing Unless Prosecutor Specifically Requests It

What DPS has done is try and get a handle on the overload of demand for testing that it has been facing, in what DPS claims is a temporary fix to deal with a huge bottleneck in the Crime Labs’ workload.   According to a story that did appear in the Lubbock Avalanche-Journal, DPS had a 500 percent (500%) jump in requests for BAC (blood alcohol content) testing over the past six years and there’s been a big jump in requests for testing drug evidence over the years as the newer, synthetic marijuana products have grown in popularity.

DPS has drawn its line in the sand between felony cases and misdemeanor ones.

You can read the DPS Letter that was sent out to all its “law enforcement partners” online here.

What are these synthetic marijuana products?

Around 18 months ago, Texas passed a law that made synthetic cannabis illegal (other states like Florida have also done this). Last year, the Texas Department of State Health Services specifically placed five (5) synthetic cannabinoid substances in Schedule I of the Texas Schedules of Controlled Substances, including K2, Salvia, and Spice, making it illegal to manufacture, distribute, possess and sell these substances.  Texas law sets the penalties for the manufacture, sale or possession of these synthetics, or fake marijuana, as Class A or B misdemeanors.

That doesn’t mean that they are not still being used in Dallas and elsewhere around the world.   After all, it is still sold online – there are even websites dedicated specifically to the sale of Spice, etc., as “herbal incense.”  Synthetic marijuana isn’t the real thing, i.e., the marijuana plant, but instead it is an alternative made of herbs that are sprayed with chemicals to be used in lieu of the real thing. It goes by various names like K2, JWH-018, JWH-250, Black Mamba, Bliss, Blaze, Bombay Blue, Fake Weed, Genie, Moon Rocks, Salvia, Skunk, Spice, Yucatan Fire, and Zohai.

September 26th, 2012

Houston Police Officer Shoots Wheelchair-bound, Double Amputee in Head: FBI Investigates, World Watches

Texas justice is once again making international news coverage – in a bad way – as this week’s tragic shooting by an experienced Houston police officer makes its way around the world and as things continue to escalate in the Houston area.  It all started last Saturday night, when Houston Police responded to a domestic disturbance call at a group home shortly after midnight (1:30 a.m.).  It ended with an unarmed, mentally ill, double amputee dead in his wheelchair.  Or maybe it’s not ended yet: protests have begun in Harris County, and word is the FBI is on the job, looking into what has happened here.

What’s a group home? It’s a residence within a local community where people who aren’t related by blood or marriage, but who share common needs — like being disabled, or mentally challenged, live together. Actually, under Texas law these are designated as “community homes” while “group homes” are those dedicated to foster kids.

What happened? According to news reports, things obviously went from bad to the worst possible scenario, as the final result was the police officer shooting the double amputee to death. Yes, Brian Claunch was killed even though he could not stand or walk or do much harm to anyone, given the fact that he was not ambulatory, having only ONE arm and ONE leg, setting there in a wheelchair.

Mr. Claunch was extremely upset and loud that night — a man diagnosed with bipolar disorder and schizophrenia, he became infuriated when he wasn’t given a cigarette and a soda after he asked the caretaker for them.  When the police officers went into the home to assess things, they found the man in his wheelchair, swinging something – they could not tell what it was at the time – in a “threatening manner” (according to Jodi Silva, Houston Police Department spokesperson).

Claunch didn’t turn over the mystery object even though the cops asked him to put it down, the story goes, and feeling himself trapped in the corner of a room by the wheelchair bound man, Houston police officer Matthew Marin shot Brian Claunch in the head.  Police coverage of the episode is that the man appeared to be trying to stab the officer with the object, and was getting “within an inch to a foot” of the officer when the officer decided to shoot his weapon.

Afterwards, they found out that Brian Claunch was holding a PEN. (He liked to draw and usually had one with him, according to the lady who ran the home.)

So, a cop with five years on the job goes into a community home and is so terrified that he may die that he shoots a mentally ill man with one arm and one leg, setting in his wheelchair waving a pen around, in the HEAD.

Here’s the official version of events from the Houston Police Department, issued as a news release on September 24, 2012:

HPD Homicide Division Sergeant J. Burton and Officer M. Brady reported:

Officers responded to a disturbance at the above residence, the Healing Hands Assisted Home Care, a residence for mentally challenged persons.  When officers arrived, they encountered the suspect, seated in a wheelchair.  The  suspect was agitated and began to yell at the officers and threatened to kill them and the other residents of the home.  As he yelled at the officers, he waved a shiny object in his hand in their direction.  The suspect refused the officers’ verbal commands to drop the object and advanced in a threatening manner toward one of the officers.  As the suspect backed one of the officers into a corner, he attempted to stab the officer with the object.  Officer Marin, fearing for his partner’s life, and his own safety, discharged his duty weapon one time, striking the suspect.  The object was discovered to be a shiny, ball point pen.

It’s since been revealed by the Houston Chronicle that Houston Police Department officer Matthew Marin has a prior incident on his record where he shot someone else — three years ago.

First response by the Houston Police Department: a public statement that included the information that Internal Affairs is supposed to be investigating what happened and initially, Officer Marin was moved to three days of desk duty.

However, people are understandably upset by this and the story keeps spreading.

Protests — including the Black Panthers group — were happening in front of City Hall by the following TuesdayEditorials were printed.  The story has spread to places like Kansas; MontanaToronto, Canada; England; and Italy.

Two days after the shooting, the Houston Police Chief issued this news release:

September 24, 2012 – On Saturday, September 22, 2012, officers from the Houston Police Department responded to a call for service involving a disturbance with a violent person at 4309 Polk Street.  During the response to the incident, an officer discharged his firearm resulting in the death of a citizen, Brian C. Claunch.

The Houston Police Department places the highest value on human life and events like these are tragic and unfortunate for everyone involved.  All Houston Police Officers receive mandatory crisis intervention training specifically dealing with persons experiencing mental crisis.  As we do in all instances of this nature, the Houston Police Department’s Homicide and Internal Affairs Divisions, and the Harris County District Attorneys Office, Civil Rights Division, are investigating this incident.

In addition, I have also asked the local office of the Federal Bureau of Investigation (FBI) to monitor and investigate this incident.  As I have done throughout my tenure as Police Chief, to the extent I can, the Houston Police Department will be open and transparent in all aspects of our response to this tragic event.

It is my desire to have everyone reserve judgment until all the facts and evidence in this investigation have been gathered.

-Charles A. McClelland, Jr.
Chief of Police

That’s right:  as the Police Chief stated – and as covered by places like the New York Times, the FBI is in Houston now, to investigate what happened in that group home last weekend, when things turned very wrong after a man in a wheelchair, crippled by severe mental illness, was denied a coke and a cigarette on a Saturday night.

September 19th, 2012

Texas Police Officer Arrests 77 Year Old Grandma After Traffic Stop: You Be the Judge – It’s All on Caught on Police Cam

A few weeks ago, here in Texas, a 77-year old grandma was driving home from church when she was pulled over by the police.  Apparently, the officer had her doing 66 mph in a 55 mph speed limit, so he pulled her over.

She told the officer that she really needed to use the bathroom — and anyone with a senior grandma or grandpa knows that sometimes, these things can’t wait — and the police officer just IGNORES her and DRAGS her out of her car.

Arrests her.

Handcuffs Grandma.

She’s 77. He’s ridiculous.

And, yes. This was all caught on video — the cop had a camera on his uniform as well as a dashcam in his patrol car. Watch it for yourself, and you decide what should be done to this police officer (the Keene Police Department has done nothing, its representative has told the media that the officer acted within department policy guidelines.)

On the continuum between Sheriff Andy Taylor and Deputy Barney Fife, where does this guy go?

And where would Grandma be right now, if there weren’t these cameras on the dashboard and his uniform?  Think about that.

August 29th, 2012

Texas Police Don’t Like Being Photographed or Videotaped: Citizens Arrested for Filming Law Enforcement – Why? It’s Not Like Their Cameras Aren’t Watching Us.

Police around the country are arresting people for no other reason than they are taking photographs or videos of police officers on the job. This isn’t a movie, and it’s not something happening over on the East Coast or the West Coast, or during high security events like the Republican National Convention.

People Are Being Arrested for Taking Photos or Videos of Police Officers

It’s happened here in Dallas. Maybe you’ll remember this past Memorial Day Weekend, when Chris Moore was stopped by Dallas Deputy Sheriff James Westbrook while Moore was riding his bike as part of a big holiday motorcycle ride along Stemmons Freeway.

According to news reports, when Moore asked the officer why he’d been pulled over on his bike, the deputy told him it was because Deputy Westbrook wanted to take Moore’s helmet cam. (The transcript of the actual conversation appears in a news report by WFAA, you can read it online here – or listen to Moore’s cam video as provided on YouTube below.)

Understandably, Moore declined to gift the deputy with his helmet and its attached camera.  So, next thing, Moore is arrested by the deputy.  There weren’t any outstanding warrants.  Moore wasn’t on any Most Wanted List.  The guy on the cycle refused to turn over his bike helmet cam to the police and he got arrested because of it.

Sure, there have been investigations.  There have been media inquiries.  The deputy is being reviewed by his employers. That does not justify this Dallas citizen, participating in a bike ride on Memorial Day Weekend, getting busted and having to spend 8 hours behind bars.

Here’s the video from Chris Moore’s helmet, decide for yourself:

Meanwhile, similar incidents of police officers arresting citizens for photographing law enforcement or taking videos of the police are popping up all over the country.  Here are just a few examples (just do a web search, you’ll find more):

It is not a crime to videotape or photograph the police.

This is scary stuff — cops have dashcams in their cars and we’ve got cameras in banks, shopping malls, and at almost every public street intersection, but law enforcement is trying to block public citizens from taking videos or photos of the police in action?   No, this isn’t legal and it’s not right.

But it’s happening.  In Texas.  Right now.

August 15th, 2012

Dallas Police Chief Announces Big Policy Changes To Halt Trend of Dallas Police Department Officer Involved Shootings

Last Friday, Dallas Police Chief David Brown announced that there would be changes made over at the Dallas Police Department to deal with the big (HUGE) problem of officer involved shootings here in Dallas, Texas (for details, read our earlier post where our city is averaging 1 Dallas officer involved shooting every few weeks).   Interesting thing – in making his announcement, Chief Brown didn’t call a press conference or send out a news release.  Nope.

Instead, Police Chief Brown took to Facebook. That’s right:  you can read all about the new police changes for the Dallas Police Department as well as Chief Brown’s response to the recent James Harper shooting on his Facebook page.   (It’s also posted on the Dallas Police Department’s website.)

Who is James Harper?

James Harper, you’ll recall if you follow this blog, is the man who was killed last month in a Dallas Police Department officer involved shooting, and his death was the focus of a community demonstration that had been organized to protest what is going on here in the Dallas metroplex.  (Details here.)

What is the New Dallas Police Deparment Policy?

The Chief explains in detail what these policy changes will be; here is an overview of the things he will be implementing:

1. Formalize a process of concurrent investigative review with the FBI Civil Rights Office of all officer involved shootings.

2. Implement a more comprehensive Response to Resistance reporting system.

3. Develop a foot pursuit policy.

4. Re-implement the Digital Video Recorder (DVR) Review Team.

5. Implement a mandatory electronic control weapon (Taser) training policy for all officers.

6. Enhance the Department’s consensual search policy to include the requirement for a written and/or recorded consent.

7. Research best practices that have come from critical incidents or institutional failures in public safety from around the nation.

8. Assemble a special Community Policing Strategic Team of officers for the Dixon Circle community.

It’s a good thing that the Dallas Police Chief is taking this situation seriously – because having law enforcement shooting people when they are out on the streets to serve and protect is a very scary and dangerous thing.

Excessive force by law enforcement is never acceptable, but using a gun is so much more serious than using a flashlight or fists: bullets kill and seriously injure people and here in Dallas, people have been dying from DPD issued bullets.  (For more about excessive force, read our resources page for details.)

Just how serious is this problem here in Dallas?

Chief Brown’s own report outlines some statistics, which show that from January to August 2012, there have been 16 incidents of officer involved shootings and in these shootings, 8 people have died – and we’ve got months to go before this year is complete:

Shootings by DPD Officers - 2002 – 2012 YTD
Year  |  # of Incidents  |  # of Fatalities
2002 22 6
2003 19 6
2004 15 4
2005 10 2
2006 16 2
2007 17 6
2008 16 5
2009 15 5
2010 16 8
2011 12 2
2012 YearToDate 16 8