Showing posts with label Cop Watch. Show all posts
Showing posts with label Cop Watch. Show all posts

Wednesday, December 05, 2012

Former CrimeStoppers Head, Veteran Dallas Cop Theadora Ross, Sentenced After Stealing $250,000 From CrimeStoppers Reward Fund

From 2006 to 2010, Dallas police officer Theadora Ross was the respected head of the Dallas area Crime Stoppers program.  You know Crime Stoppers:  there are branches of Crime Stoppers all over the world, dedicated to solving crimes by allowing people to provide information that may lead to an arrest of an evildoer without having to directly deal with the police face to face. 

Crime Stoppers Organizations Are Big Deals These Days, With Big Reward Funds

Being able to share what someone knows without having to give their name has proven to be an invaluable tool to law enforcement, and Crime Stoppers is viewed as a major crime-fighting tool in most law enforcement circles.  Part of its reputation has come from the ability of Crime Stoppers to bring new information to police when investigations don't have much to go on, using money:  Crime Stoppers offers rewards to folk who come forward and spill what they know.  You've probably seen an advertisement or two, where a reward is offered for information in an unsolved case. 

Dallas Cop Sentenced for Taking $250,000 From Dallas Crime Stoppers' Pot of Reward Money

Which means that Crime Stoppers has money in a pot for those rewards, something that Theadora Ross found just too, too tempting there at the Dallas Crime Stoppers office.  Never mind that Theadora Ross was a Dallas police officer, who had sworn to perserve, protect, and defend:  Officer Ross was sentenced this week to 46 months incarceration in a federal pen for income tax evasion and conspiracy to commit wire fraud (she pled guilty back in August 2012, there was no trial). 

Dallas Police Department Senior Corporal Theodora Ross was arrested back in June 2010 by Dallas police while setting in her Crime Stoppers office; seems her pal, Malva Delley, spilled the beans on Ross after Delley was questioned by police.  How did the cops find out?  An observant bank teller became suspicious after seeing Delley collecting more than one CrimeStoppers reward, and picked up a phone.

Delley and Ross were both arrested, and Delley pled guilty back to one count of conspiracy to make a false statement to a financial institution in May 2011. 

While Dallas citizens (and Dallas police) trusted Theodora Ross to run Crime Stoppers, seems that the Dallas police officer was busy creating fake tip numbers to be paid on Crime Stopper cases.  These tip numbers are the tools to allow CrimeStoppers to pay rewards to anonymous tippers: present the tip number to the bank, and you are paid the reward in cash.  It was an easy scheme:  Delley would use Ross's fake tip number to collect the money from the bank as a Crime Stoppers reward. 

The rewards added up.  By the time that these two grifters were caught, they had taken a quarter of a million dollars from the North Texas Crime Commission, which funds the Dallas Crime Stoppers (along with Dallas court fines, Collin County court fines, fundraising efforts and charitable donations to Crime Stoppers).  That's right:  $250,000.00.

Ross Ordered to Pay Back the Money and To Pay Her Income Taxes, Too

Luckily, the money may be recouped.  Ross has been ordered to pay $274,304.00 in restitution as part of her sentencing.  That's covering losses to Crime Stoppers as well as taxes due:  over a four year time period, it was found that Officer Ross failed to pay around $38,000 in income taxes on the $175,000 of income she received in her conning.  That's right:  the IRS expects to be paid even if the income is from an illegal grift.

Here's a question that hasn't been answered in the news coverage or the court opinions or FBI press releases:  is that bank teller whose tip lead to the discovery of this huge fraud on CrimeStoppers going to get a reward for calling in her suspicions?  Just wondering. 





Wednesday, September 05, 2012

Dallas 911: How Reliable Is It and What's Dallas Police Department Doing About Making 911 More Reliable

911.  We depend upon those numbers, and we teach our kids to call 911 in case of emergency almost as soon as they learn to tie their shoes.  However, the reality is that calling 911 may not bring much, if any help, in today's real world.  Particularly here in Dallas, as the tragedy of Deanna Cook's death is still being grieved here in our community.

A few weeks ago, a young and pretty woman named Deanna Cook called "911" from her apartment here in Dallas.  It wasn't a short call:  Deanna was on her cell phone with 911 Dispatch for 11 minutes.

Eleven minutes.  That's a long time.

The 911 recording has been played over and over again now: even Cook's family has had the opportunity to hear it.  Had to have been very difficult for them: Deanna Cook can be heard to be screaming, terrified, as her ex-husband, a man named Delvecchio Patrick, is heard telling Deanna that he is going to kill her.  Cook tells the 911 operator the name of her attacker.  Cook is obviously in fear of her life and her attacker can be heard on the call as well.  

Sadly, no one came to rescue Deanna Cook from her attacker and she died that day.  Dallas Police did show up at her door, though.  They knocked.  They left. 

Dallas Police Department: Acknowledges Mistakes Were Made 

According to Dallas PD, there were problems. (Obviously.)  First, since Cook called from a cell phone there was no automatic identification of Cook's location and it took nine minutes for her location to be pinpointed by the police officers en route.  

Question: why didn't the 911 operator get the address of Cook's apartment during those 11 minutes she was on the phone with the murder victim?

Another problem according to Dallas police: no one answered the door.  That's right: when they arrived and they knocked and Deanna didn't welcome them into her home, they left.  (They did peek in the windows.)  According to the officers, this was because they understood this to be a domestic disturbance call - a spat - and the silence meant to them that the disturbance had been resolved.  (Yes.  It had been resolved in bloodshed.)  Dallas PD explains that the 911 Operator never explained that Deanna Cook was being attacked to the officers who were responding.  

Victim's Family Came to Her Rescue, Not Police: They Were Too Late

When did Deanna Cook's murder get discovered?  Two days later - when water was gushing out of her apartment and her family couldn't get inside because the doors were locked.  The police were called a second time to Cook's home: the family was told that the police couldn't help them - that they needed to call the hospitals and the jails to find Deanna. So, Deanna's family broke down her door and found her body laying in the bathtub.  Cook had been dead for two days.

Understandably upset, Deanna Cook's family is asking a lot of questions about the Dallas 911 service -- as are a lot of other people.  Dallas Police Chief David Brown told the public that the event would be investigated.

Dallas Police Chief Responds to Public Concern: Hire More 911 Operators


So, what's being done?  Yesterday, Dallas PD posted job wanted ads on Facebook for more 911 Call Operators.  That's right: they are going to hire more people to handle 911 calls here in Dallas.  No details on how these new hires will be trained.  Or how those 911 Operators already on the job, like the one who answered Deanna Cook's distress call, will be trained in the future.  

Feel safer?  



Wednesday, August 01, 2012

Texas Crime Labs Are Not Trustworthy And Texas Crime Lab Evidence Still Needs To Be Questioned

Back in January 2010, we published a post that still ranks very high in Google results which discussed some of the reasons why Texas criminal defense attorneys cannot trust the test results that come out of Texas crime labs to be presented as forensic evidence against defendants in Texas criminal cases.  You can read that post here.

Here it is, 18 months later, and Texas crime labs are still a hot spot of controversy and national news media are still finding news stories in the testing being done in crime labs across our state.  It's only those who aren't following these stories and those who aren't involved in criminal justice or criminal defense across the state of Texas that assume laboratory work in Texas crime labs are scientifically accurate and as trustworthy as the work being done in TV labs like those on CSI, Rizzoli & Isles, or Law & Order (pick a version).

Massive 2012 Federal Investigation Into Crime Lab Errors in Hair Samples

This month, the Department of Justice and the FBI issued a joint statement that their offices will be reviewing "thousands" of cases where people have already been convicted of crimes based upon forensic evidence because the federal government now has reason to believe that the crime lab testing of hair samples was flawed.   The National Association of Criminal Defense Lawyers and the Innocence Project are working with the feds here, with the Innocence Project double-checking the FBI's findings when they arrive.

 Tarrant County Crime Lab Turns Itself Into Authorities

Yesterday, it was reported that the Tarrant County Crime Lab got a pat on the back from the Texas Forensic Science Commission because the Tarrant County Crime Lab turned itself into the oversight commission (filed a "self-complaint") after one of the lab supervisors found that two rape kit tests that had been tagged as tested ("screened") never, ever had their seals broken.  No one had opened up the packaging in order to test a darn thing.

You would think that a lab would rarely have something fall through the cracks as being tested while it hadn't been opened, right?  You'd be wrong. It is such a commonplace occurrence that it has a nickname: they call it "dry labbing."

Fort Worth Crime Lab Back at Work After Doors Shut for 10 Years 

Meanwhile, the Fort Worth Police Department Crime Lab just got the okay to start up its DNA testing once again, after the police crime lab had been sending out its DNA testing since October 2002 (that's right, almost 10 years ago) because there were concerns that the Fort Worth Crime Lab wasn't releasing accurate and valid DNA test results.  

Austin Crime Lab Okayed After Complaints From Lab Employee and Dallas-area Lab

And, down in Austin, the Austin Police Department Crime Lab just got the go-ahead from the Texas Forensic Science Commission to ramp up its testing again, after the commission cleared the lab of any errors after two separate complaints were filed against it: one, by a Dallas-area lab that tested the same stuff and found different results and two, by a former employee at the Austin Crime Lab who reported that the Austin lab was cutting corners in its testing.

Bottom line:  criminal defense attorneys still have to be skeptical of any evidence that is coming out of a government crime lab these days because this stuff just isn't trustworthy and reliable simply because a "lab" has reported they've tested the stuff.  Crime lab results in Texas criminal defense cases still have to be questioned. 















Wednesday, July 04, 2012

No Refusal on Fourth of July 2012: Pulled Over in Dallas or Fort Worth for DWI Does Not Mean You Have No Defense: You May Have to Fight for Your Rights


It's the Fourth of July and that means law enforcement is working today, working hard to pull over and arrest people for suspicion of driving while intoxicated or distracted driving.  So be careful today, if you're out on the roads. 

In fact, in the Dallas - Fort Worth area, the "No Refusal" campaigns are in place at the Dallas Police Department along with Arlington Police Department, Irving Police Department, and other municipalities as well as the State of Texas Department of Transportation and the counties themselves (Dallas, Tarrant). 

What is a "No Refusal" Campaign?

The No Refusal Campaign is the brainchild of the federal government via its National Highway Traffic Safety Administration.  It's when the Powers that Be have a judge setting at a desk, on stand-by, to immediately sign a warrant that will approve the taking of your breath in a breathalyzer test or your blood with a needle even if you have exercised your constitutional rights and initially declined testing of blood, breath, or any other human body part.  

If the Breathalyzer reports a blood alcohol level of .08 or more, then it's most likely that you will arrested on the spot.

Tarrant County Goes One More With Its New Website Campaign

Over in Fort Worth, citizens face even more challenges to their rights.  It seems that the Tarrant County District Attorney, Joe Shannon, has announced that his office will publish online the full names and the ages of everyone arrested and charged with DWI on its website,  www.tarrantda.com. 

Things To Know About No Refusal DWI Campaigns: Fight for Your Individual Rights

Many challenge these No Refusal campaigns as well as the publication of names of citizens who have been arrested as being in violation of their legal rights under the constitution and both state and federal law.  The Tarrant County publication list is another, separate constitutional argument involving civil rights. 

Additionally, there are several things to remember about these law enforcment sweeps over holidays, including:
Finally, you can call your lawyer when you are arrested in a No Refusal campaign, and it's a good idea to have legal representation on board as soon as possible in these kinds of Drunk Driving cases. You will have legal defenses to assert, and you will have big risks in front of you: loss of license, fines, jail time, impact on your public record, and more.  

It's not over till it's over and a No Refusal DWI arrest in Texas does not mean that you have no criminal defense.  Lawyers experienced in drunk driving defense cases in Dallas, Fort Worth, and other parts of Texas are ready to help you protect your future.

Wednesday, June 06, 2012

Dallas Police Department : 6th Officer - Involved Shooting in the Past 5 Months as Oak Cliff Traffic Stop Ends With Driver Shot in the Back

Today, the Dallas Morning News is wondering about what is going on with the Dallas Police Department -- as a lot of people are these days -- but according to reporter Tanya Eiserer, Dallas Police Chief David Brown isn't talking to the press right now. 

Maybe Chief Brown needs time to get his ducks in a row, since Dallas seems to be having more and more shootings involving the police shooting citizens.  Like the officer-involved shooting this past Saturday in Oak Cliff, where the Dallas Medical Examiner has confirmed that the man was shot in the back by the Dallas police officer.

That's right.  Shot in the back.  

Dallas Police Traffic Stop for Failure to Use Turn Signal Ends Up With Driver Dead


John Robert Husband died on Saturday from a Dallas police officer's bullet after the police pulled his car over because Husband reportedly didn't use his turn signal.  He was 21 years old. 

So, in a routine traffic stop someone died.  [Read more about traffic stops on our web site resources page.]

The reports thus far are that Dallas police officer Leland Limbaugh smelled marijuana as he approached the vehicle and accordingly ordered Husband to get out of the car.  The passengers, Xavier Bryant and Derrick Epps, remained inside.  

Conflicting Stories on What Happened in Saturday Night's Officer Involved Shooting


As Dallas officer Limbaugh patted down Husband, the officer's story goes, Husband started to resist when Limbaugh tried to cuff him and tried to pull a pistol from his belt.  Limbaugh feared for his life, and accordingly drew his weapon and shot Husband in the back, the bullet entering his body via his left shoulder blade.

The two passengers don't agree with this version of events. Their story is that Husband got scared and started to run from the car, and the Dallas police officer pulled his gun and shot the young man in the back as he ran away.  No struggle.  No reason for the police officer to "fear for his life."

What about the electric eye, the dashcam video?  Wouldn't it solve the conflict between the officer's version of events and the witnesses' accounts?  Sure it would: but this police car didn't have a dash cam installed.  

On Monday, the Dallas Police Department published its official statement of these events on the DPD Facebook page.  The Dallas Observer provides that statement online in its coverage here, for those who don't access Facebook. 

Husband's Death is Sixth Fatal Officer-Involved Shooting in Dallas in 2012: What's Going On?


Saturday's shooting brings the tally of Dallas Police Department officer-involved shootings of citizens to six (6) since this year began -- a ratio of someone dying from a Dallas law enforcement bullet approximately every 2.5 weeks in 2012. 

That's unacceptable.  That's scary.   

When is Dallas Police Chief Brown going to talk to us about this?  


Wednesday, April 04, 2012

Texas Highway Patrol Troopers Abuses: How to Control Troopers Subject of Inspector General Report

The Texas Highway Patrol has been around for a long time; most Texans recognize a Trooper on the roads when they see one.  Part of the State of Texas Department of Public Safety, the Texas Highway Patrol works on over 225,544 miles of rural highways, as well as being responsible for other areas of law enforcement, including directing traffic; investigating traffic accidents; helping during emergencies and public disasters; and partnering with other agencies in criminal investigations such as drug law enforcement.  (For details on what all the Troopers handle, check out their web site.)

In the future, the Troopers may be known as the Texas Navy.  That's because it is the Texas Highway Patrol that will be manning those new boats that will be zipping up and down the Rio Grande as part of our state's border protection.  (See Grits for Breakfast for details here including a photo of the boats they've be using.) 

So, the Texas Highway Patrol Troopers are a Big Deal in Texas Law Enforcement.  

Nevertheless, in recent years,  Troopers have come under scrutiny and criticism with some folk arguing that the Highway Patrol needs more personnel; others arguing that the Troopers need an internal affairs division to keep things in hand; and still others arguing that the Highway Patrol budget just needs more cash.

At least everyone agrees that something needs to be done.  Why?

Troopers can do bad things.  For example, read our earlier post "Texas Highway Patrolman Mistakes US Army 1st Cavalry for Gang/Drug Organization" or watch the video here.   Another post detailing bad acts by the DPS Highway Patrol: "Texas DPS Officers Indicted for Manhandling Hays County Jail Inmate."

Now, however, it appears that the Powers that Be are checking out the Texas Highway Patrol and trying to figure out what action needs to be taken.  

Houston Chronicle Exposes Details of New Report on Texas Highway Patrol Troopers

Recently, the Houston Chronicle's James Pinkerton wrote a story that detailed a report of the Inspector General that details things that IG Stuart Platt thinks needs to be done within the Texas Highway Patrol.

Curious by its absence is much media coverage about this report and the Chronicle's work at getting a copy of it.  

In its April 1, 2012, article entitled "Report says Texas troopers need more supervision," the IG report is not provided in its entirety, but it is reported to include:

  • an opinion that the DPS Highway Patrol should be given funds to hire more supervisors for the Troopers (i.e., sergeants); 
  • a schedule showing that the complaints about Trooper activity made up almost 70% of all the complaints received against the DPS personnel overall (68%); and 
  • the most common complaint against the Troopers was driving drunk (DWI). 
Here's the thing: does anyone think that these numbers accurately reflect the reality of what Troopers are doing, out there on Texas roads?  Watch that DPS video (above) and think -- how many complains go unreported? How free do Troopers think they are to do as they wish, out there on patrol alone in their black patrol car on a rural Texas roadway?

Wednesday, January 04, 2012

Texas Police Shoot Down 15 Year Old With BB Gun in Middle School Hallway: Excessive Force?

It's a big national news story today: a fifteen year old boy with a pellet gun was shot down in his Middle School hallway by Texas police this morning.

Jaime Gonzales is Dead Tonight and Lots of People Are Asking Why

Just last week we were pondering how out of control Texas law enforcement officers are getting to be in a post entitled, "Texas Cops Shooting Citizens All Over the State This Month: Excessive Force? Overstressed Officers? Three Dead From Police-Issued Bullets." Now, we're wondering how truly serious this situation may be.

Cops Shoot 15 Year Old to Death Down in Brownsville: Excessive Force?

Down in Brownsville, it seems that the police were called to Cummings Middle School shortly after classes started. It's not clear how many officers arrived on the scene, but students are reporting that Jaime had entered a classroom and punched another student in the nose. Why this causes a bunch of police to appear isn't clear.

What is known right now is that Jaime took a pellet gun to school this morning. Which was not the smartest thing to do, that's a given.

However, for the Interim Police Chief to tell the media that a boy waving around a pellet gun was sufficient justification to shoot the child to death - well, you gotta wonder. There a big question right now about whether or not the force used here was excessive.

Middle Schoolers Are Known to Bring BB Guns to School - Jaime's Not the First

This isn't the first time a Middle Schooler got the bright idea of bringing a BB gun to school (a pellet gun is more commonly known as a BB gun), check out this school administration web site discussing a previous, similar event up in Ohio.

This is a real tragedy and condolences go out to the family and friends of this young life cut short. Let us hope that one result of this death is increased scrutiny on Texas law enforcement and whether or not Texas cops are getting a bit gun-happy these days.

For more on excessive force/police brutality, check out our resources page where Texas law on this issue is discussed.

Wednesday, December 07, 2011

Mistrial Declared in Criminal Trial of Dallas County Constable Derick Evans

A jury had been chosen and opening statements had been given by Marquette Wolf as Special Prosecutor and the defense for Dallas County Constable Derick Evans and on Tuesday, the trial had witnesses on the stand in the criminal trial where Constable Evans faced charges of engaging in organized crime.

There were some problems: one juror was late, another called in with an emergency and had to be replaced with an alternate, and witness Jim Foster, former Dallas County Judge, couldn't respond to his subpoena to appear and testify because he's in the hospital having just had serious lung surgery.

But nothing was as big a problem as what happened to cause the trial court to declare a mistrial in the case.  Seems that after the prosecution put on its case and Evans presented his defense, the jury was sent back to deliberate and got stuck.

Judge Tracy Holmes got a note from the jury room that the twelve jurors were "hopelessly deadlocked," and then another one, and then a third.  Deadlocked, Deadlocked, Deadlocked.  Stubborn folk on both sides of guilty versus innocent.  (The Dallas Morning News reports they were 7 to 5, guilty vs. innocent.)

So Judge Holmes declared a mistrial and Constable Evans went back to work and the prosecution told the media that they're not giving up.  Another trial is being scheduled for April 2012.

What Did Dallas County Constable Derick Evans Allegedly Do?  

Formally, Constable Evans has been accused of participating in organized crime.  Sounds very TV Law and Order, doesn't it, until you learn that he's purportedly run a raffle to get funds to run his election campaign and allegedly pressured his deputies and staff to buy and promote the $50 raffle tickets.  Under Texas law, only certain groups (like churches) are legally allowed to run raffles to raise money.  Now, it's sounding less like TV's Law and Order isn't it?

And, here's a big question -- what about the media reports about other local campaign raffles, are they going to get prosecuted as well?


Wednesday, October 05, 2011

Texas DPS Officers Indicted for Manhandling Hays County Jail Inmates

Texans, for the most part, know the Texas Department of Public Safety as the state agency that handles Amber Alerts, and as the agency that oversees drivers' licenses applications and renewals. DPS offices are all over the state, most folk have visited them at one time or another.

DPS is also known for its own branch of law enforcement, the DPS Troopers (the Texas Highway Patrol), and for being the state agency that hosts the famous Texas Rangers. Drive any Texas highway or farm to market road, and sooner or later you will pass a DPS Trooper sitting on the roadside with his radar checking for speeders.

Two DPS Troopers Indicted in San Marcos

It's rare to see DPS Troopers personally make the news, and it's interesting to see the media coverage this month down in San Marcos, Texas (midway between the capital city of Austin and San Antonio, on Interstate 35). Seems that two Department of Public Safety troopers, Charlie Potter and Santiago Montez, have been indicted there.

Potter and Montez were arrested on September 22, 2011, and are facing charges of "official oppression" for events surrounding their dealings with two inmates in the Hays County jail back in March 2011.

According to media reports, the indictments describe the incidents as the two DPS Troopers "intentionally mistreated or detained a man by pulling or grabbing him" back on March 11th. Little more is known right now on exactly what happened here.

What is official oppression?

Under the Texas Penal Code (see details below), official oppression is a Class A misdemeanor that each carry a fine of up to $4,000, a sentence of up to a year in jail, or both. It is a bad act by a law enforcement official in the State of Texas that is harmful but not as serious as felony acts that include excessive force, something that we blog about quite regularly, since it is unfortunately something that happens all too often in our state.

What happens next to the Texas DPS Troopers?

Right now, Potter and Montez remain on the Texas DPS payroll although they have been suspended from work and they are free, having made bond ($10,000 for each Trooper). They are scheduled to be arraigned on October 27, 2011. Will they serve time in jail? Let's watch and see what happens.

Texas Penal Code Section 39.03

Here is the language of the Texas law on which the two DPS Troopers have been indicted:

Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:

(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;

(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or

(3) intentionally subjects another to sexual harassment.

(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.

(c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.

(d) An offense under this section is a Class A misdemeanor.

Wednesday, September 07, 2011

Texas Rangers Investigating Another Case of Police Brutality and Excessive Force

The news started trickling out over the Labor Day Weekend that the Texas Rangers had been contacted by the family of a South Texas man who was comatose in a Corpus Christi hospital, another victim of excessive force by law enforcement.  Sure enough, the Rangers are on the job, investigating the family's belief that their loved one, Martin Garcia Ortiz, had sustained his injuries in a vicious beating by a Texas law enforcement officer.

That's right:  another case of police brutality in Texas.  And another instance where either the FBI or the Texas Rangers has had to come into the area to find out the truth of things.  It's something that happens far too often here in Texas: law enforcement using excessive force against people - something that we report about regularly. 

What happened in this case of alleged police brutality?  

According to news reports, 48 year old Martin Ortiz had been at a local bar in Aransas Pass.  No worries about a DWI arrest here:  Mr. Ortiz left the bar on his bicycle, to ride his way home.  It wasn't far.  He had no weapon, unless you are afraid of bicycles. 

Things took a bad turn around midnight on August 10th.  Seems Mr. Ortiz, there on the roadside on his bicycle, was stopped by an Aransas Pass police officer  -- and according to family members, the cop pushed Ortiz off the bike only to then beat Ortiz after the man was laying on the ground beside (some reports say underneath) the bicycle.

The Texas Rangers have reported that their investigation reveals three police cars zipped to the scene (that must have been a very scary bicycle) and that some of these officers are now witnesses to the incident.  They also report that Ortiz was purportedly stopped because he was weaving as he rode the bike, and his bike didn't have a headlight. 

Guess what?  All this may be on video.  Seems that Aransas Pass police cars are equipped with dash cams, so sooner or later, some member of the press is going to get ahold of those videos and we'll all see what happened.

Right now, we know that Martin Ortiz lies, seriously injured, in Corpus Christi's Christus Spohn Hospital where he spent ten days on life support in a coma before starting to come out of it.  It's not known at this time whether or not he will suffer permanent harm from this attack -- like traumatic brain injuries or spinal injuries.

The Texas Rangers are asking anyone who may have information about what happened to Martin Ortiz to come forward, and if you have any information about the Martin Ortiz case, you can call the Texas Rangers directly at 361-364-6239 or 512- 424-2160. 

Wednesday, August 03, 2011

Dallas Cop Busted on Domestic Violence Charges, "Not Sober" When Arrested

Here in Dallas, it's very hot and staying that way as we endure a record-breaking heat wave.  Day after day of 100+ degree weather.  So, it's understandable that tempers are rising and that domestic violence calls are high.  It's not as easy to understand when one of those domestic violence events involves the cops: not the cops coming to the scene, but a cop smack dab in the middle of it. 

Seems that this weekend Dallas police officer Rafael Mendoza, on the force to protect and serve since December 2008, was arrested by his fellow law enforcement officers on charges of domestic violence.  Specifically, Mendoza has been charged with (1) domestic assault and (2) unlawful restraint, two Class A misdemeanors under the Texas Penal Code. 

Mendoza's also on administrative leave pending an Internal Affairs investigation (as well as the criminal investigation).  He won't face jail time, maybe he will be looking for another type of employment.  Have to wait and see on that one.

What happened for a Dallas Cop to get busted for Domestic Assault and Unlawful Restraint?

This past Sunday, according to media and police reports, Officer Mendoza was setting in a car parked near an apartment complex on San Jacinto.  It was a hot day, and apparently Mendoza was getting hot under the collar, arguing with a woman about an ex-girlfriend as they sat in the car.

It's reported that Mendoza and the woman stepped out of the vehicle - and that Mendoza then shoved the woman onto the ground, slammed plastic handcuffs on her, and telling her she was about to go to prison for 10 or 15 years. 

Scary stuff, right? 

After about an hour setting there in the parking lot, in the heat of that Dallas Sunday afternoon, Mendoza escorted the woman up to her apartment.  He un-cuffed her. 

Around 2 hours later, Officer Mendoza was busted by his colleagues.  It's reported that he was "not sober" at the time. 


Wednesday, June 01, 2011

Texas Cops Shoot to Kill - Two Young Men in Beeville, Austin Die From Cop's Guns This Week

If you are pondering stealing something in Texas - and in this bad economy, crime is on the rise - you may be risking more than getting busted and serving some time.

You may be risking your life. (Heck, you may be doing that if you are just roaming along a city street anywhere in Texas.)

Deadly force (also known as excessive force) may be a viable legal claim -- but it's better to be alive than to have your grieving loved ones pursuing a lawsuit based on excessive force by a cop with a gun.

Beeville Shooting of Albert Ponce, 29, Yesterday

Yesterday morning, before sunrise, Anthony Albert Ponce of Three Rivers, was pulled over by Beeville police officers after they decided Ponce matched the description of a man who had ripped off a convenience store.

The Beeville cops say that Ponce got out of his car holding a pistol and waving his hands around in a threatening way. When Ponce refused to drop his gun, one of the cops shot him. That officer is on paid leave while his actions are being investigated.

Meanwhile, Ponce died at Spohn Hospital in Beeville later that day: Ponce was only 29 years old.

Austin Shooting of Byron Carter, 20, on Monday

On Monday, two bicycle cops were wheeling around downtown Austin when they spotted a car that they suspected held two car thieves - so they rode over to check things out, according to the Austin Police Chief in his statement to the press.

Apparently, the car started moving toward one of the bikes, hitting one of the cops, and the other officer fired on the occupants. The car drove off only to be found nearby with the passenger dead in the front seat. The driver was tracked down, he had a gunshot wound to his arm and was taken to Austin's Brackenridge Hospital.

Byron Carter, 20, was the passenger that died in that gunplay and a minor (16 yrs; name not released) is the wounded driver.

As for the cop that got hit by the car, he was treated and released by Brackenridge doctors for a ruptured Achilles' tendon. The cop who used his pistol to take those shots is also on a paid leave while things are investigated.

Shoot Now, Check for Guilt Later

Notice that in both events, neither decedent was proven to be a criminal - neither cop knew at the time if this target was guilty of stealing anything.

Thursday, May 05, 2011

Get Ready for Statewide Click It or Ticket Campaign: May 23 - June 5, 2011

The State of Texas versus your individual right to choose how you live.  It's an ongoing fight.  There's the No Refusal Campaign, where you're forced to give your blood in a blood test or your breath at the scene anytime a cop pulls you over for suspicion of drunk driving.  

There's also the Click It or Ticket campaign, where your choice on whether or not to wear that seat belt is taken away.  Well, not taken: you're just gonna get a ticket whenever you get caught.

Civil Liberties Versus Police Power

Lots of folk believe that it is unduly intrusive for the state government to force individuals to wear seat belts. And these aren't just zanies -- they include respected safety professionals like Peter Thompson, who served as the State of New Hampshire Safety Chief, and in that official capacity was against New Hampshire's implementing forced seat belt laws back in 2005.   

The argument against these types of law is simple:  seat belt laws invade your freedom unnecessarily.  These laws are not protecting the public at large - if you fail to wear one, the risk of harm is borne by you.  Therefore, forcing citizens under the police power to wear their seat belt crosses over the line of legitimate police power.   Not that this argument has stopped these laws from being passed in Texas and other states. 

May 23 - June 5, 2011: Texas Click It or Ticket Campaign Covers the Memorial Day Holiday

Here in Texas, it has been announced that Texas law enforcement are going to be on the lookout for drivers that are operating a motor vehicle without a seat belt over the Memorial Day Weekend in the latest Click It or Ticket Campaign. 

But be careful out there -- because Click It or Ticket goes to more than just a driver not wearing a safety belt: even those folk setting in the BACK SEAT can be ticketed because they aren't buckled up.

Other ways to get a ticket during the Click It or Ticket campaign?  

Not having kids younger than 8 years old buckled into either a child safety seat or booster seat unless they've grown past the legal limit of 4 feet 9 inches in height. 

What's the cost of not obeying the law?  A ticket totaling $250 plus court costs. 

Wednesday, March 02, 2011

Fort Worth Cop Shoots, Kills Local Man In Front of His Three Kids

This past Monday night, a Fort Worth police officer pulled over a SUV driven by Charal Thomas, 32.
Thomas' three kids, ranging in age from 7 to 11, were all riding in the back seat.  There was another adult in the vehicle, but reports aren't clear on who that was.

It started out as a routine traffic stop. It was around seven o'clock on Monday evening, a little after dusk, on Lucas Drive in Fort Worth, Texas. 

We don't have the details on what was said, but we know that routine traffic stop didn't stay that way.  Things went awry -- and for some reason Charal Thomas pulled away, dragging the cop along for a number of blocks, as the police officer held onto the SUV. 

Perhaps the cop held onto the door handle, his feet on the SUV's foot ramps.  Maybe he grabbed onto an overhead rack.  The details still aren't clear.

What we do know is that Mr. Thomas had several outstanding warrants -- and that the Fort Worth cop chose not to let go of the vehicle.  Instead of letting go of the car, the Fort Worth officer chose to pull his gun and shoot Mr. Thomas in the head.  Killing Charal Thomas, 32, in front of his kids -- and as he was driving the vehicle that they were in.

Needless to say, the Fort Worth community is shocked by this incident. 

There was a vigil last night on East Rosedale in Fort Worth.  Candles were lit, people spoke.  People are angry.

And it's not over.  The identity of the Fort Worth officer hasn't been revealed because of a concern over his safety, and he already has a lawyer to speak on his behalf.  According to the lawyer, the cop felt he had to shoot because his own life was in danger.  No explanation yet on why he grabbed onto that SUV, filled with kids, in the first place.

This is going to be a big lawsuit. Another lawsuit against the Fort Worth Police Department for overzealous police behavior...(remember the Tazer lawsuits from last year) ....

Wednesday, December 01, 2010

Sheriff Arvin West: the Man Who Busted Willie Nelson for Pot over Thanksgiving Weekend

Hudspeth County, Texas, is located on the Texas - Mexico border, and for several years now, Arvin West has been the local sheriff there.  Lots of folk are getting to know Texas Sheriff West this week - maybe you already recognize his name. 

After all, it was Sheriff Arvin West who was responsible for pulling over Willie Nelson's tour bus at a border partrol checkpoint on the day after Thanksgiving.  Instead of getting an autograph, though, law enforcement ended up arresting the 77-year-old country singer for possession of six (6) ounces of marijuana. 

Nelson was booked - the mugshot is a popular online item this week.  Willie was then released on $2500 bond and not long thereafter was back on the road again, going home to Austin.  If convicted, Willie Nelson faces a possible two years incarceration in a state facility. 

Who is Sheriff West anyway?

Sheriff Arvin West has testified before Congress about the growing problem of drug distribution by drug cartels in his jurisdiction - you can read his testimony online from a February 2006 presentation he gave to the Committee of the House of Representatives.  It's got a title:  "Armed and Dangerous: Confronting the Problem of Border Incursions."  

Sheriff Arvin West also regularly appears on the national news shows.  You can read the transcript of his April 2010 interview by Greta Von Susteren at FoxNews telling Greta that the Texas-Mexico border is "wide open" and that he's been telling farmers and ranchers in his jurisdiction to arm themselves against the dangers of drug runners, since his Sheriff's Department only has 17 deputies to cover 5000 miles.  Sheriff Arvin West has also appeared on Nightline in July 2010 (click the link to watch the video), calling the area as being under "siege" and that his fight against Mexican drug lords as "war."

Already, the Texas Tribune (among other news sources) are looking into Sheriff West and his own "Texas legend" status (quoting Glenn Beck).  According to their investigations, Sheriff West may have his own agenda for busting Willie Nelson -- it brings more media coverage, it boosts what some argue is Sheriff West's goals of maximizing state and federal funding for his department. 

So, there is a growing distrust of Sheriff West and his motives for busting Willie Nelson on the day after Thanksgiving. 

Willie Nelson Starts the "Teapot Party"

However, Willie Nelson may have an agenda of his own.  Shortly after his arrest, he started the "Teapot Party," which favors legalization of marijuana with the arguments that it cuts back on the criminal operations, and gives a new tax base to fund governments in sore need of revenue. 

If you didn't know this was a real news story, you might think you were reading an Elmore Leonard novel -- where the Texas Sheriff wearing the big white cowboy hat and the Country Music Legend wearing the bandanna were secretly friends who had cooked up this media plot.  But that would just be fiction, right? 

Wednesday, July 07, 2010

DPS Trooper Shoots Driver After Pulling Him Over For Speeding

Yesterday morning -- very early, about 1 AM -- on Interstate 45 in Montgomery County, not too far from Willis, Texas, a DPS Trooper was setting in his squad car, monitoring the radar as traffic rolled past him.  Weather reports show that while the area had seen lots of rain in the aftermath of Hurricane Alex, it wasn't raining at the time. 

Zip, zip:  a car sped by.  Radar clocked it at 100 mph. 

The Department of Public Safety officer drove off in pursuit, and soon enough the race ended.  The speedster stopped his car on I 45, just north of the Interstate 45 and Longstreet intersection. 

No crash.  No weaving through rush hour traffic.  Guy was driving fast at night on a lonely stretch of road, got caught by radar, and DPS was about to give him a big, fat ticket.  

But then, something happened -- and we're still not sure what that was except that the Montgomery County media has been informed that a "physical altercation" happened there on the roadside between the Trooper and the driver.  MyFox Houston is reporting that the guy tried to "resist arrest."  No source given.   The Houston Chronicle is reporting that the man exited his vehicle after being pulled over, and somehow the Trooper "feared for his safety" and shot the guy.  No source given.

What we are sure about:  the driver was shot.  By the DPS Trooper. 

And it was a serious gunshot wound:  first, the wounded driver was taken by emergency medical crew to Hermann Hospital in the Woodlands.  Later, he was LifeFlighted to Hermann Medical Center in Houston, and at last report, he's remains in critical condition.

Critical, as in this guy almost died and he's not out of the woods yet. 

It's reported that several agencies are investigating this incident.  The Texas Rangers are involved.  So is the Montgomery County Sheriff's Department, and the Montgomery County District Attorney.

No reports that the driver was armed in any way.  No weapon -- and it's pretty safe to bet that if this guy had a gun, or a knife, or some wild Martial Arts gizmo, that the DPS representatives would be hot to give the press that info at the get-go. 

So, looks like the guy was not armed. 

No dashcam video has been released, which might help to explain things -- and one has to wonder what story that camera may tell.  Remember the beatings caught on video when the Beaumont cops pulled over the two men over in a routine traffic stop?  It took two years before that video was released to the public (watch it here).

Why Did the Trooper Choose the Hand Gun Over a Stun Gun?

What about those Tasers?  We've reported cops tasering drunks, grandmas, the mentally ill, a pastor, and even their spouses -- if the Trooper "feared for his safety" wasn't this the perfect opportunity to use a stun gun?  The phrase "excessive force" comes to mind ....

We've already written about Montgomery County's problem with tasers -- the Sheriff's Department was involved in the Taser death of suspect Robert Lee Welch, 50 years old, and it was ruled a homicide by Taser last February. Does this mean that the Trooper was so wary of using a Taser that he pulled his GUN instead?

What's to learn here? 

Cops are humans with weapons that can kill you, strapped to their sides.  When they pull you over, you need to be careful.  They can shoot you.  We know, because they do. 

Thursday, June 03, 2010

Dallas Police Officer Indicted by Grand Jury for Oppression and Tampering with Police Report

Dallas police officer Daniel Babb was indicted yesterday by the Grand Jury, so he's officially facing criminal charges now.

Officer Babb expected this already -- he had turned himself in to authorities on May 24th. Today, Daniel Babb's already out on bail ($2500) and off the streets under administrative leave.

The Dallas Grand Jury charges Officer Babb with two things: official oppression and tampering with a government document.

How did the Dallas cop become a criminal defendant? This all started around two years ago, when a 14 year old was hurt as a man named Jorge Torres, 21, allegedly held the boy while another man hit him. After the dust settled, the boy tells the story that this was all "horseplay" that he himself began - but at the time of the incident, law enforcement had a different perception.

The cops were thinking a crime had occured: injury to a child.

According to the reports, Dallas police were called to a domestic disturbance. Once there, Officer Babb - on the job around two years at the time this is going down - told Jorge Torres he could stand up from the curb where he was sitting during questioning, because ants were crawling on Torres' hands.

Texas ants. We all know what they can do. So far, so good for Officer Babb.

What happens next, according the reports, is where things go haywire. In his police report, Officer Babb states that he "felt threatened" by Torres after Torres stood, so Babb "used a balance displacement technique." This "technique" made Torres fall backwards over the curb and onto the ground. No news on where the ants were.

Torres Suffered Minor Injuries From Officer Babb's Actions

The police reports confirm that Torres got some medical attention at the scene, so we know he suffer some kind of minor injury here. However, other cops at the scene also reported that Officer Babb lost his temper at Torres, and shoved him to the ground without just cause.

The public integrity unit investigated, and found that Officer Daniel Babb had used excessive force. They also ruled that he had fudged his police report about what had happened.

So, Officer Babb's three year career as a Dallas Police Officer is in question right now. Of course, he's still on the force (though he's not on the streets) and he's still got a defense to present.

What Happened to Torres?

Jorge Torres got three days in jail because he refused to give the police his name when all this went down. The injury to a child charges? Dropped. The 14-year-old boy told the police that he started the whole thing, he wasn't a victim here.

One lesson learned? When reading Dallas Police Department records, note that the definition of "balance displacement technique" is "shove."

Wednesday, April 07, 2010

Dallas Grand Jury Subpoenas County Constable Adamcik - The Towing Plot Thickens?

The ongoing investigation into the Dallas County Constables may be expanding.

We've already posted on County Constable Jaime Cortes (Precinct 5) and Constable Derick Evans (Precinct 1) - they're in the midst of an ongoing investigation into possible criminal acts by Dallas District Attorney Craig Watkins.

If you'll remember, it took awhile for Watkins to start investigations into the possible bad acts involving towing policies in Precincts 1 and 5 -- the Dallas County Commissioners had asked the District Attorney to investigate at least three times and zip had been done, etc., etc.

On Monday,
grand jury subpoenas were issued to Dallas County Commissioner Ben Adamcik (Precinct 3) and three of his deputies. Seems that Adamcik, as well as his underlings Tony Lewis, Richard McKnight (the Chief Deputy), and Bertha Roop will be testifying to the Grand Jury on Friday.

Adamcik's a former cop, and he's
telling the press that he's got absolutely no idea why he and his folk have been called downtown -- his precinct is "boring."

That may be. North Dallas may be boring. Adamcik and his folk could have been called down there for any number of reasons. But when the District Attorney's Public Integrity Unit Investigation into bad acts by County Officials spreads its web into yet another precinct, you gotta wonder.

And face it. These days (as reported on this blog and
its brother), having a background in Texas law enforcement isn't exactly a stellar recommendation of integrity.

Let's watch and see what happens here.

Monday, February 01, 2010

Cops Admit that Dallas Crime Records Are Not Accurate

We need to be thankful that we have a great local newspaper here in Dallas, because they may be the only ones that are caring enough to give us the real skinny about crime in our community.

The Dallas Morning News has been waving the red flag for awhile now, telling anyone who would listen that the Dallas Police Department was NOT keeping track of crimes committed in our area according to FBI guidelines. And now, Dallas Police Chief David Kunkle has confirmed this, quoted in the paper as saying that he doesn't believe that the FBI guidelines should be followed "...like they were in the Bible."

What About Uniform Crime Statistics Across the Country?

There's a reason for the FBI guidelines. If everyone follows them, then there's a basis for organizing all the different records from all over the nation so comparisons can be made.

It looks like Dallas is monkeying with how it reports crimes so that the Dallas Police Department doesn't look like its dealing with as many serious crimes as it might be. The Dallas Morning News already reported on how auto burglaries weren't being included, so that the cop statistics looked better, and how Dallas PD tallies some assaults as lesser offenses -- which keeps Dallas' violent crime rate skewed lower than the truth in national studies.

Dallas Cops v FBI?

The Federal Bureau of Investigation isn't above taking on an entire city's police department. They're doing that right now, down in San Antonio. With all this number-crunching manipulation, will Dallas be next? You gotta wonder.

Monday, January 04, 2010

Cop Watch: What's With All the Gunfights Down in Pleasant Grove?

Pleasant Grove is a small community located in southeast Dallas -- lotsa folk here just call it "the Grove." And that may be a really accurate moniker these days because it appears that some very UNpleasant things are happening there.

The Backstory: a Gunbattle Last Month ....

Just last month, the Dallas Morning News had a report on December 12, 2009, of a "gunbattle" involving a young man named Jae-Ron Andrews. According to media accounts, shortly after lunchtime on a Friday afternoon, Jae-Ron was meeting up with a drug dealer to buy some illegal substances (presumably in preparation for a fun weekend). Things turned sour, and 23 year old Jae-Ron pulled a pistol on the dealer. The dealer pulled his own weapon, and the two began exchanging gunfire. Jae-Ron was killed in the skirmish.

... Next, Fifteen Cops Vs. An Injured Nineteen Year Old

Then, right before the New Year, DMN reports on another gunbattle in the Grove -- less than three weeks after the first one. And this one is scary because it involves thirteen (13) Dallas cops and two (2) more police officers from Mesquite drawing guns and giving fire in an altercation with a single individual, a teenager from Dallas who was killed during this onslaught.

Nineteen (19) year old Dontell Mitch Terrell died on the night of December 29th at the Dallas County Medical Center of multiple gunshot wounds. His sixteen (16) year old cohort, also shot, did not sustain life-threatening injuries -- he was shot in a separate incident, by a Mesquite officer.

Dontell was shot when the 15 law enforcement officers "opened fire" (quoting DMN) on the teenager after he allegedly failed to drop his weapon. Reports aren't revealing how many times Dontell was hit, but the Dallas Morning News has seen fit to list the names of every single law enforcement officer that pulled his gun on Dontell Terrell.

Dontell was a troubled kid

Allegedly, Dontell and two pals had been robbing the local Papa John's pizza joint and the police caught up with the three on the road, after they'd left the scene driving a white Chevy. A high speed chase began, ending with Dontell jumping from the car and running -- getting hit in the process by a Mesquite police car. Injured, he ran into a nearby home where there was a standoff with police while he threatened suicide and told his mother over the phone that he wanted to die rather than return to jail.

Here's the question: did Dontell have to be shot down? by 15 different shooters?

Assuming that Dontell was suicidal and refusing to put down his weapon as a way to commit "suicide by cop," did that mean that 15 cops needed to fire upon the teenager? The listing of each cop involved in the shooting, together with their years of experience in law enforcment, suggests that this blog may not be the only place where the question arises: couldn't an injured 19 year old have been protected from his own suicidal wishes? Or is the Grove its own little version of the Wild West today?