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May 25th, 2011

Wrongful Death Lawsuit Filed in Federal Court Against 3 Texas Cops By Family of Jamaal Valentine

Federal District Judge Kenneth Hoyt of the United States District Court of the Southern District of Texas, Galveston Division, is presiding over a new lawsuit, just filed in the Galveston federal court as Case No. 3:11-cv-00229, by the loved ones of Jamaal Valentine (Angela Butler, Joslynn Terrell, and Crystal Truitt) for justice in the death of Mr. Valentine after he was beaten by three La Marque, Texas, police officers.

These three plaintiffs are arguing that while Jamaal Valentine was suffering from a heart attack, he tried to get medical help — only to face these three cops who not only beat him, but used a Tazer (stun gun made by Taser International Inc.) on the man.

Witnesses will testify that Mr. Valentine never tried to resist these police officers. Evidence will show that he died from their injuries.

The federal court of Judge Kenneth Hoyt, not a Texas courtroom, will be the place where the three plaintiffs will face off against not only these three police officers – Richard Garcia, Forest Gandy and Mike Keleman – but the former chief of police for La Marque, Richard Price, and the City of La Marque itself. There are five (5) defendants in the case.

A Nightmare of Police Gone Wrong

Within court documents, media reports reveal that Mr. Valentine was home when he began to have chest pains on May 16, 2009. He was there, alone, and feeling bad.

Mr. Valentine went outside. Things got worse, and he began to fear he was having a heart attack. So, Mr. Valentine flagged down the car driving by – and they stopped to help him.

It was a man named Keith Pope who was the Good Samaritan that evening.

Mr. Pope called 911.

Mr. Pope sat there with Mr. Valentine while they waited for EMS to show up.

Here’s where it gets very bizarre. According to the plaintiffs’ documents the 3 cops showed up (Garcia, Gandy and Keleman), pulled their guns, and told Valentine to put his hands behind his back. The suit alleges that they then beat this man with their fists and a flashlight, and they also used the stun gun on him. During this assault, Mr. Valentine was pleading with them.

Imagine the terror Jamaal Valentine must have felt.

About 30 minutes after the 911 call, EMS arrived. For some reason, according to the pleading, 20 more minutes passed before they actually helped Mr. Valentine.

It’s been over an hour now that Mr. Valentine has been having chest pain, having trouble.

At some point, EMS techs did load the injured man into their emergency vehicle and hit the road for Houston; however, the pleadings allege that for some reason the vehicle was re-routed to Texas City’s Mainland Medical Center in Texas City. At MMC, Mr. Valentine went into full cardiac arrest and died shortly after he got there.

Jamaal Valentine’s loved ones are asking for wrongful death, exemplary and survival damages in addition to attorney’s fees as allowed to them under Texas law.

Posted by Michael Lowe at 8:11 am

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Labels: Cop Watch, Crime News

March 23rd, 2011

Texas Border Danger: New Website Invites Your Video, EMails Documenting Lack of Law Enforcement in South Texas

The Department of Agriculture has put up a website, ProtectYourTexasBorder, where anyone is invited to upload photographs, videos, or email their own personal stories about how dangerous it really is down there near the border between Texas and Mexico.

And by near the border, we mean anytime you get around 90 miles (or an hour and a half travel time) away on a major highway.

Your personal stories have to be 500 words or less.
You can stay anonymous if you’d like to do so.
Photos or videos max out at 10 MB – and it’s fine if they are also showing over at Flikr or YouTube. No worries there.

Why is the State of Texas, of all things, putting up a website like this?

Well, seems like there are lots of people, including the head of the federal government’s Homeland Security, who are poo-pooing the idea that there’s a lot of violent activity here in South Texas and this site has been set up as a virtual soapbox so Texans (and presumably others, like Mexican Nationals, etc.) can share what they know. Or have seen or experienced.

There’s simply not enough manpower in the law enforcement in these areas to combat the influx of human trafficking, drugs, guns, etc. that is coming out of Mexico – and they’ll be the first to admit it. The State is providing this site as some support that the lack of police power or presence in this area is real.

Some Scary Stuff Down in South Texas is Being Documented Here

Already, stories are being shared at the site. Scary stories. Like the story where a South Texas rancher is abandoning his 38,000 acre ranch on Farm Road 755 and moving them to McAllen because it’s not safe to stay. The ranch is 60 miles north of the border, and Farm Road 755 is great to drive if you’re wanting to avoid the checkpoints. Watch the video, and learn how limited law enforcement is along this roadway. Hear how the ranching family left their home only after having bullets zinging around their property at night and other dangers.

Another one: a Texas Ranger blunting telling a reporter that “we’re in a war” down in South Texas as the newscast delves into dangers this situation is causing to the national food supply as the cartels move further and faster into Texas farms and ranchlands.

The site is new. There should be more stories over the next few months, so check back periodically to get more stuff.

After so many posts discussing inept cops or corrupt police, this one is very different. Here, there are huge amounts of territory where law enforcement simply doesn’t exist – or they are so outnumbered and outgunned that they won’t get out of the car (listen to the South Texas rancher video above to hear an officer say this exactly regarding stopping trucks on 755).

There apparently just isn’t law enforcement, period, down there.

Posted by Michael Lowe at 4:05 pm

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Labels: Cop Watch, Crime News, Media Watch

February 23rd, 2011

Great Texas Warrant Round-Up 2011 Starts on March 5 – Take Care of Your Outstanding Warrant Now

Once again it’s time for Texas law enforcement to try and clean their desks of outstanding arrest warrants by holding the state-wide Great Texas Warrant Roundup. This will be the 5th year that Texas has done this, and this year over 240 jurisdictions (counties, municipalities, etc.) are involved.

What is the Great Texas Warrant Roundup?

This being Texas, it’s known as the largest such coordinated effort of its kind in the country, where folk who have outstanding warrants – for anything from traffic violations or unpaid parking tickets to those with higher charges – are invited to voluntarily comply with the local badges. The incentive to do so? Those who don’t may face being arrested (handcuffed, the whole bit) at their job or at home in front of their family - that’s the “roundup” part of this whole thing.

The List of All Participating Jurisdictions – Including Contact Information – Provided by KXII

KXII-TV.com has posted a list online that provides the names of all the participating jurisdictions, as well as contact information if you want to call and check on things. Things like the number of outstanding warrants on file under your name, the logistics of taking care of any warrants before you are arrested, how much it’s gonna cost, etc. Take care of the outstanding warrant before March 5th, and you won’t be busted.

City of Arlington – Just One Example.

The City of Arlington has issued a new release, just like hundreds of others have been released across the state. (Read it here.) From the City of Arlington, according to the release:

In Arlington, notices have been mailed to individuals with active warrants. Inside the Star-Telegram beginning Sunday, Feb. 20, the City of Arlington will begin publishing the names of individuals with outstanding warrants. Names are also posted on the city’s website at www.arlingtontx.gov/municipalcourt.

During the next two weeks, Arlington residents with outstanding city citations are encouraged to appear in person or contact Arlington Municipal Court in order to avoid the embarrassment of being arrested at home, work or school during the Warrant Roundup.

How to clear an outstanding warrant:

Pay by phone at 1-888-604-7888 or online at www.arlingtontx.gov/municipalcourt.

Appear at Arlington Municipal Court, located in the City Tower at 101 S. Mesquite St. Hours of opertion are 7 a.m. to 5:30 p.m. Monday through Friday.

Houston has issued a similar news release, with lots of details on how to take care of things. Corpus Christi has its own, cursory news release giving instructions on what to do before March 5th. Each jurisdiction has its own set of instructions on what to do, where to go – but they’re all agreed on the March 5th starting date, where officers will be specially assigned for one week to go out and arrest people with unresolved warrants.

If you aren’t sure about whether you have an outstanding warrant, or what to do before March 5th, then check out the KXII list (above) or call your lawyer.

Posted by Michael Lowe at 6:56 pm

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Labels: Cop Watch, Crime News

February 16th, 2011

Police Brutality Videos Released: Texas Police Beatings and the Public Outcry in Houston

Beatings by police officers are not new; the new twist to this old story is how modern technology is giving us all a bird’s eye view of what cops can, and will, do to victims unable to defend themselves against assaults that often cause serious injuries and even death. We’ve posted information and videos about these infuriating acts before — like this one, where cops in Paris, Texas are caught on camera beating Cornelius Gill and his friend.

We’ve also posted information about how cop cams are becoming more and more popular; in Texas, they’re even being considered as part of the officer’s head gear - capturing what he does every step and every minute that he’s on duty. We’re gonna see more and more video. Police departments and prosecutors like cameras because they capture evidence the State can use against the accused. Sometimes, however, these cameras proved to be invaluable to protect citizens against those in authority.

When the videos point the finger back at the police, it comes as no surprise that horrific acts caught on tape might result in a bit of foot-dragging in releasing the videos to the public. Which may well be what happened over in Houston, where two videos of police brutality that happened long ago just got released to the public.

The first video shows cops beating a teenager, Chad Holley, back in March 2010. Chad was 15 years old at the time, and suspected of burglary. The second video captures a police officer beating Henry Madge, 27, in a hospital waiting room (of all places). Both victims are African-American.

People in Houston got mad. Understandably. Lots of people.

So, a Town Hall Meeting was called over in Houston, and an amazing number of stories were shared by folk who came forward to tell about their own experiences with bad cops. The NAACP was there, too — and they ended up distributing complaint forms to the crowd, to get details from everyone. The NAACP will have a press conference tomorrow to release the details of what they’ve found.

The first video (of Chad Holley) was released by community activist Quanell X. Quanell X is promsing to release more police brutality videos, too.

Here, the video of Chad Holley being beaten by the police, as he lies on the ground:

Posted by Michael Lowe at 5:08 pm

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Labels: Cop Watch, Corrupt Cops, Crime News

January 26th, 2011

Texas Cops To Get Cameras on Their Heads: Now Will We See Even More Bad Acts than Dashcams Have Revealed?

Within the next 60 days, Austin police officers on foot and bike patrols will be participating in a national study on the effectiveness of having law enforcement wear little video cameras on their heads. That’s right: they will have little tiny web cabs on their caps or hats — or attached to their ears, like a Bluetooth.

Which means that now, law enforcement that is out there, dealing with the public, but without a dashcam camera since they don’t have a dashboard, will have their actions recorded on video for all of us to see. Get ready, YouTube.

Of course, the national testing of this new technology is all about the prosecution getting more evidence to use in criminal cases. For chain of custody purposes, the camera-wearing police officer cannot be able to tamper or edit the video feed – that’s important for the District Attorney in any criminal trial in order to authenticate and admit the video in the first place. The recordings will be automatically downloaded to a computer after the police officer finishes his shift, and presumably anything caught on the videos will be organized chronologically.

This gizmo isn’t new. They’ve had versions of head-cams for years now, and in Great Britain, they even put these things on their police dogs. The popularity of the camera-covered cop seems to be increasing: Cincinnati likes them, various California law enforcement branches use them, and they’ve been around in Europe for years.

Still, one has to wonder how much these cameras are going to be used to reveal cops gone bad – as the dashboard cameras on patrol cars have done so well. Shedding light on police brutality is a good thing – and that’s a good result from this new technology.

However, taking it one step further – how long will it be before the shoe is put on the other foot, and the government seeks to put webcams into the lives of parolees or probationers? Will the privacy arguments that failed with the ankle arrest bracelet prevail here? Is anyone concerned about this?

Posted by Michael Lowe at 5:59 pm

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Labels: Cop Watch, Crime News, Orwellian Threats to Rights

January 19th, 2011

Brownsville DA Gets WorldWide Media Coverage 4 Using Facebook Profiles in Jury Selection Process

Armando Villalobos, Cameron County’s District Attorney, is making news all around the country and across the globe from his office down in Brownsville, Texas — all because Mr Villalobos has decided to use Facebook as part of his jury selection.

That’s right: the District Attorney has announced that prosecutors down in Brownsville are going to use Facebook pages (will all the info that folk place there) when they are facing a jury panel and deciding who they want to challenge and what questions they want to ask during voir dire, etc. as they cull through potential jurors during the usual jury selection process.

That’s right: doesn’t matter that people use Facebook without any idea that their Facebook information might be used in this way. The South Texas D.A. has decided his offices will be using Facebook profiles (those that are made available to the public by the Facebook user) when making decisions about who will serve on juries.

That sure is a lot more than the standard, traditional information provided: attorneys usually get limited personal information regarding a jury panel — name, home address, children, religion, and employer.

How much the District Attorney gets to learn about those called to jury duty down in Brownsville isn’t set in stone, of course. What he and his team will discover depends upon what the individual’s chosen privacy settings. The prosecutor is not allowed to circumvent those settings. Still, lots of people showing up for jury duty may not think about their Facebook privacy settings before they’re called to be potential jurors — and there may be tons of personal information they might not like the Cameron County District Attorney’s Office sniffing through.

This is not going to stop with Brownsville. And, it’s not going to stop with the District Attorney’s Office. If there is information on your Facebook page that you don’t want the government to know about — set up those privacy settings. Or better yet, don’t put it on your Facebook page in the first place.

Why? Apparently, there are sites online that explain how anyone can circumvent those Facebook privacy settings – have been for years now — and read all your stuff anyway. Food for thought.

Posted by Michael Lowe at 6:06 pm

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Labels: Crime News, DA Watch, Orwellian Threats to Rights

January 12th, 2011

Plano Case Spotlights the Danger of Flashlights Strapped to Cop Guns: People Get Shot

The Dallas Morning News is helping spread the word this week about the dangers of a new gizmo that police departments around the country are using: the flashlight strapped onto a police pistol, its lens directly beneath the barrel of the gun. More and more police departments are using these things.

Problem is, like the Plano Police Department is all too aware, is that it’s all too easy for a cop in the street to trip the trigger instead of the light switch. (Check out a photo of one these StarWarsesque light-pistols here.) Innocent people can get shot if the policeman makes a mistake and shoots a bullet instead of a light beam. And they are.

The family of Michael Anthony Alcala, 25, has filed a wrongful death lawsuit in Collin County against the Plano Police Department of the City of Plano, claiming that there are several negligent acts for which Plano is responsible that led to the death of their husband, son, and dad. What happened?

Last October, Mr. Alcala was shot down in a fast food restaurant parking lot (a Jack in the Box on North Dallas Tollway), dying sometime later at the hospital, after a Plano cop drew his Springfield .40-caliber semi-automatic pistol and shot by mistake as he was trying to turn on the gun’s attached SureFire X300 flashlight. (This, according to affidavits on file with the Dallas Police Department as reported by the Plano Star-Courier.)

These gun mount flashlights aren’t expensive: you take your pick from several products online. In fact, these gizmos are promoted to police departments as being helpful: Streamlight markets its gun mounted flashlight to law enforcement customers as being lighter in “tactical situations” and “easier to handle and more importantly, provide significantly clearer identification of the target.”

Here’s the question: how easy is it for a cop to make this kind of tragic mistake like the Plano death of Mr. Alcala? And, to be fair, is this really a police negligence situation — or do we have a defective product here? Gotta wonder.

One thing’s for sure: be very nice and move really slowly after dark in Plano, Texas, if the cops stop you.

Posted by Michael Lowe at 5:08 pm

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Labels: Cop Watch, Crime News, Orwellian Threats to Rights

December 29th, 2010

New DWI Laws for Texas May Happen: Texas Legislature Considers Revising DWI Laws

It’s not news to anyone that Texas drunk driving laws need to change. There are huge backlogs of pending DWI cases in most Texas counties - 1000s of cases that are bottlenecked. This, of course, is a bigger problem for the prosecution than for the defense. Any good DWI defense attorney will tell you that those big backlogs aren’t necessarily bad news for DWI defendants.

However, there’s also the problem of inequality in how DWI laws are carried out in our great state. As we discussed this summer (“Will Texas DWI Laws Finally Become Fair? Maybe.“), it’s checkerboard justice: get pulled over in one part of Texas, it’s serious. Get stopped in another area of the Lone Star State, it’s no big deal.

Texas Legislature May Change the Law for First Time DWI Offenders

However, things may really be changing next year. Down in Austin, come January, the Texas Legislature will hear a proposal that will let first time DWI offenders the option of deferred adjudication with the key benefit of keeping that DWI off their record. Right now, with your first DWI conviction, you’ve got a misdemeanor on your record along with a fine of up to $2000 and a driver’s license that is suspended for 6 months.

What does this mean to you?

If you are facing your first DWI charge, then the new law would let you opt for “deferred adjudication,” which means you just get your case put on hold for awhile. If, during this delay period, you do jump through all the hoops (and that will include someone checking out what you’re doing and your taking part in some sort of treatment program) then you could end up acquitted of the DWI charge after you’ve done a year’s probation without another offense.

Sounds like a pretty good deal, right? Let’s see what happens.

Posted by Michael Lowe at 3:51 pm

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Labels: Crime News

November 17th, 2010

Thanksgiving 2010: Get Ready, Texas, for Another No Refusal DWI Holiday

Law enforcement loves No Refusal weekends – counties all over the Lone Star State are now routinely blanketing holiday weekends with No Refusal efforts with notice to the public popping up in press releases issued as late as 24 hours before the holiday begins.

You remember No Refusal weekends: those are the set time periods where the Powers that Be set up mobile laboratories that are setting there with nurses holding needles and judges holding pens, at the ready to sign the warrant needed to take your blood.

Why? So in the event you listen to criminal defense attorneys recommending that you refuse a Breathalyzer breath test, then they can just force you into the mobile lab where the judge signs the search warrant for your blood and the nurse then takes a sample. If your blood tests higher than the legal limit for alcohol – you are busted.

Gritty stuff, one wonders what our Founding Fathers would think, huh?

So, this holiday as you are driving to visit family, coming home from college, or just zipping across town to a party, remember you may be driving through a No Refusal Zone. They are popping up all over the place. What authority and what stretch of road is impacted here depends upon what section of our Great State you’re traveling through.

So what is your best bet this Thanksgiving 2010?

Don’t drink and drive.
Don’t even have any type of container carrying an alcoholic beverage in the passenger compartment of your vehicle.
Have a designated driver.

Just don’t give the popo a chance to arrest you for driving drunk (an arrest is a bad life event). And if the worst thing happens, you are pulled over and you’re the victim of a Mobile Lab in a No Refusal Zone, call a lawyer asap. All is not lost, but you’ve got a fight on your hands.

Posted by Michael Lowe at 9:40 am

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Labels: Crime News, Orwellian Threats to Rights

November 10th, 2010

Denton Cop Bobby Lozano’s Murder of His Wife Covered by Discovery Channel’s David Lohr

Last year, former Texas police detective Bobby Lozano was tried and convicted in a Denton courtroom for the murder of his wife, Viki. Maybe you remember the case: a real life detective tried to get away with killing his wife — shooting her to death in their bedroom with his service revolver.

Detective Lozano said it was a tragic accident, the gun went off while he was cleaning it. The jury didn’t buy it — or the argument he advanced at trial, that Viki had killed herself (what?) — and Lozano was sentenced to 45 years.

Real life story of cop gone bad, not a TV show

This happened back in July 2002, and Lozano was convicted in 2009. Today, the Lozano story continues its saga into history as David Lohr over at the Discovery Channel’s Investigation Discovery, brings a new spotlight to the Lozano case.

Lohr describes how it took 7 years for justice to prevail in the case – providing details that include not only the expertise that 17-year law enforcement veteran Bobby Lozano brought to the case but the fact that the victim’s mother was on Lozano’s side.

TV Show – “I Almost Got Away With It”

So, while the death of Viki Lozano was not the brainchld of a TV script writer but instead her adulterous and coniving husband, Bobby, nevertheless she will become known and remembered indirectly as the Discovery Channel’s David Lohr tells the tale of (unfortunately) another Texas cop gone bad.

Fiction or reality: at least, we have a good ending here — as the Discovery Channel’s latest TV show promotes, “I Almost Got Away With It,” means that the evildoer did get caught and justice did prevail. Which is a good thing.

Posted by Michael Lowe at 9:07 am

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Labels: Corrupt Cops, Crime News