Houston Police Department's DWI BAT Van Debacle Continues

Houston, Texas

Last week, new developments surfaced in the investigation surrounding the Houston Police Department's DWI BAT Vans. The investigation moved in on the Harris County District Attorney's Office, leading District Attorney Pat Lykos to take to the airways in a television interview.

For those living outside of the Houston area, or needing a refresher on how and when the the investigation began, Houston Criminal Defense Attorney Mark W. Bennett has put together a timeline. His terrific blog, Defending People, not only covers the investigation from the beginning to where we are now, but also raises an important question following the interview with District Attorney Pat Lykos.

During the interview, Lykos suggested that she did not trust HPD to tell the truth concerning DWI testing.

Mark's question, which I think we all would like to know the answer to:

"Well, Ms. Lykos, if you don’t trust HPD to tell you the truth about DWI testing, why do you trust HPD to tell you the truth about anything?"

Video Details Bryan Police Shooting

Bryan, Texas

Back in May, we featured a story from Bryan, Texas, involving a shooting incident between police officer William “Bill” Cross and Johnnie Walton Harris, Jr. In that incident, an innocent bystander was also hit by a stray bullet. The family of Johnnie Harris and others in the community questioned the use of force.

One month later, a grand jury declined indicting Cross.

The 14-year veteran resigned from the Bryan Police Department on July 18 -- less than 24 hours before Chief Eric Buske was to make public the findings of an internal investigation into the shooting.

His resignation, because of civil service statues voted into use by Bryan residents in 1979, effectively sealed the results of that internal inquiry.

The patrol car video has now been released, following an open records request, providing more insight to the timeline of the shooting incident.

The Timeline (The Bryan Eagle)

• Cross was on patrol just after 10 a.m. May 6 when he responded to a call of a suspicious person near the intersection of Martin Luther King Jr. Street and Texas Avenue.

• As can be seen and heard on the video, Cross approaches 20-year-old Harris and begins basic questioning, including asking why he is in the area.

• The discussion ends about 20 seconds later and a scuffle between Harris and Cross begins.

• The day of the shooting and throughout the inquiry, police said Cross opened fire after Harris reached for his firearm.(Not visible from the in-car video)

• At one point, Cross said to Harris, "I'll shoot you," and Harris responded by pulling his jacket open, making a wide target of his chest before sprinting across the street.

• Harris' mother, Janice Walton, and grandmother, Betty Sims, pulled up behind the patrol car right after the struggle began.

• The chase that lasts about 40 seconds, ends after Cross fires seven rounds, hitting Harris and 18-year-old Juan Garcia, a construction worker who was in the area and hit by a stray bullet.

The video does capture Cross running after Harris with his firearm in the ready position and a sliver of the start of the shooting, but Harris and the construction worker are not visible.

One second before firing, Harris' mother can be heard saying, "Y'all don't have to shoot him, sir," as her son runs to the officer's patrol car.

Former Bryan Police Officer Bill Cross

District Attorney Bill Turner said his office will respect the decision of the grand jury and has no plans to again present the case to a different panel.

Houston's Deputy Diva

Sugar Land Police Officer Arrested for Drunk Driving

Photo Courtesy KTRK-TV

Sugar Land Police Department Captain Michael Lund was arrested and booked into the Fort Bend County Jail for driving while intoxicated

Stafford, Texas

A police captain out of Sugar Land has been arrested after he was allegedly driving drunk near the scene of a fiery big rig wreck.

It was just after 11:30 on Thursday, when the Stafford Police Department was assisting the Sugar Land Police Department with traffic control near the scene of a vehicle fire.

According to investigators, at approximately 12:13am, a vehicle tried to drive through a blocked intersection and an officer stopped the vehicle. Upon contact with the driver, identified as Sugar Land Police Department Captain Michael Lund, the officer determined Lund was intoxicated.

Sugar Land Police Department was contacted and they requested that Stafford Police Department investigate this incident.

Michael Lund was arrested and booked into the Fort Bend County Jail for driving while intoxicated. Lund has posted bond and has been released from Fort Bend County Jail.

One Houston Police Officer Has A Beef With Food Trucks

Houston, Texas

Joshua Martinez can usually be found dishing up dinner service from his bright, silver food truck called “The Modular.” It is a job he really seems to enjoy. However, a recent encounter with a Houston Police officer has him reconsidering his career choice.

During a recent dinner run, Martinez stopped the spoon after noticing police cruiser lights. That’s when an HPD officer approached the truck and told Martinez that The Modular was in violation.

Martinez told The Houston Press he was baffled. After all, he stated, "HPD has no jurisdiction over food trucks." The City of Houston's Health Department does, but that didn't deter the officer.

"He told me, 'You're supposed to move every 59 minutes. You're a mobile food truck,'" Martinez said, recalling the conversation 15 minutes after it happened last night. He spoke from the parking lot outside his food truck, which was parked on private property. "I showed him my licenses, explained that we are supposed to move every 24 hours and go back to our commissary."

His objections had no effect on the Houston Police officer. "He just kept saying, 'You're in violation. I can give you up to $6,000 in tickets.'" The staggering amount of the figure made Martinez freeze. "If I violated every health department violation there was, it wouldn't be $6,000!"

The officer asked for his ID. The officer remained agitated. Noticing that the officer’s badge and name tag were hidden beneath a reflective vest, Martinez asked the officer his name.

"'It doesn't matter what my name is, you're the one in violation.'" Martinez finally wrote down the license plate number of the HPD cruiser.

"You food trucks are a nuisance to the city," the officer reportedly said, before leaving without dispensing any tickets.

Joshua Martinez at work - Courtesy Facebook

Harris County Deputy Diva?

Investigation Underway Involving Harris County DA’s Office, HPD and Potentially Bad DWI Evidence

Four Harris County Assistant DA's Subpoenaed in BAT Van Investigation

Houston, Texas

A secret grand jury investigation has been underway, examining how the Houston Police Department and the Harris County District Attorney handled potentially bad DWI evidence in connection with the use of HPD BAT vans. These are mobile units used for breathalyzer tests. Well, it looks like that investigation is moving closer to the Harris County DA’s Office.

Harris County DA Pat Lykos

On Tuesday morning, local television station KTRK exclusively confirmed a Harris County Grand Jury subpoenaed four Assistant District Attorneys as part of its ongoing investigation into the HPD BAT van issues. The four are all prosecutors who handled DWI cases since the BAT vans were used.

While the grand jury proceedings are secret, legal analyst Joel Androphy says it is clear to him grand jurors are trying to figure out when the DA's Office knew about BAT van maintenance issues and what they did with the information.

In a very rare move, this grand jury is conducting its own investigation without the assistance of the District Attorney. Two Assistant DA’s were tossed out of a grand jury room last week under the threat of arrest.

According to KTRK, a special independent prosecutor will be named to the Grand Jury investigation. This could be seen as a blow to the public trust in the DA's Office. It comes hours after the four prosecutors were subpoenaed to appear before the grand jury. The target of the investigation is still secret, but it's becoming clear jurors are at least looking into what the DA's Office knew about potential bad DWI evidence and if they covered it up.

Houston Police Officer Charged With DWI

Sgt. Roy Marquez

Houston, Texas

A Houston police officer who was driving while intoxicated when he ran a red light and hit a car in Pasadena was charged Tuesday, according to court records.

Sgt. Roy Alexander Marquez, 37, a 10-year police veteran, has been suspended with pay, pending the outcome of an internal affairs division investigation, Houston Police Department spokeswoman Jodi Silva said.

Marquez, a member of HPD's traffic enforcement division which handles DWI investigations, was charged with driving while intoxicated and carrying a weapon in his car when he ran a red light at Red Bluff and Frontage Road, off of Beltway 8, about 1:10 a.m. Sunday, which was his birthday.

He received the gun charge because it is illegal to carry a handgun in a motor vehicle while engaging in criminal activity.

Chambers County Deputy Charged With Sexually Assaulting A Child

Houston, Texas

 A deputy from Chambers County has been arrested for sexually assaulting a child.

Deputy Gabriel Davila worked as a sergeant at the county jail since 2003. He’s since been terminated, according to the county.

The only details about the victim, released by the sheriff’soffice, indicate that the sexual assault involves a family member.

Davila was arrested on Thursday night and is being indicted on two counts -- one with ‘aggravated sexual assault to a child’ and another with ‘indecency with a child,’ according to the district attorney’s office.

Houston Police Officer Arrested in Pill Mill Operation

Houston, Texas

Over the last 10 months, the Harris County District Attorney's Office and the Drug Enforcement Administration conducted an investigation on an illegal operation in Houston, involving a veteran officer of the Houston Police Department.

It began back in December, when Houston’s Fox 26 reported that Houston Police officer Daniel Muhammad was a chief target in the investigation. He was accused of owning and operating at least two pill mills.

He’s accused of distributing controlled substances like Xanax and Vicodin for those who may not actually be sick.

At the start of the investigation, Officer Muhammad's close friends just didn't buy the allegations leveled against the 10-year veteran of the force.

A former HPD colleague Shelby Stewart says, "The Danny Muhammad I know is a highly intelligent man. The allegations are hard for me to believe."

Muhammad was placed in handcuffs this week, along with 34-year-old physician and motivational speaker Dr. Akili Graham.

Investigators say he was the front man for the pain clinic while those without a medical license actually distributed the pills to those who walked through these doors.

The District Attorney’s office targeted four clinics in the area that were allegedly operated by Muhammad, Graham and others: Preferred Medical, Imed, Umat, and the Oaks Medical Clinics.

In all, 13 people were arrested in the investigation. That includes another doctor and at least two pharmacy store owners.

Muhammad has been relieved of duty from the Houston Police Department and remains the target of an internal investigation.

Houston Police Officers Accused of Beating Again

Severely Beaten Man Claims HPD Cops Did it: MyFoxHOUSTON.com

Houston, Texas

It looks like the Houston Police Department is facing more allegations of police brutality. This, of course, comes as no surprise to Houstonians. After numerous incidents over the past year and the well-publicized surveillance video depicting officers beating teen Chad Holley.

In the latest incident, Anthony Childress is stepping forward and providing the details of an encounter with police. Sure he has tattoos, a criminal background and has spent time behind bars. However, he says that doesn’t justify the actions of Houston police officers.
He says he was riding his bike on the sidewalk in the 2300 block of Delano. That’s when two squad cars pulled up and he heard someone yell hay.

The beating, according to Childress, occurred while he stood with his hands behind his back.

"The Spanish cop he hit me with his elbow in my mouth and the tall Caucasian cop hit me in my eye and then when I hit the ground it was all four cops on me."

Childress ended up at Ben Taub Hospital. Medical documentsstate he was attacked and assaulted.
Childress was not charged with resisting arrest or assaulting a cop. An HPD spokesman confirms an internal affairs investigation is now underway.

Harrison Co. Deputy Eddie Nichols Fired After Alleged Sexual Indecency With Child

Harrison County, Texas

Sharon Nichols, who was charged with indecency with a child Friday along with her husband, sheriff’s deputy and local pastor Eddie Nichols, was fired Tuesday from her position as deputy county clerk.

Harrison County officials were notified Thursday by a Texas State Technical College police officer of an incident involving a deputy and his wife that was reported to them by a school counselor.

The incident was reported by a juvenile female student to a counselor regarding inappropriate sexual contact. Once the Sheriff’s Office was notified, the Harrison County District Attorney’s Office and Child Protection Services of East Texas were immediately notified and an investigation began into the allegations.

After interviews, warrants were obtained by the District Attorney’s Office for the arrest of Deputy Nichols and his wife, Sharon Nichols, on charges of sexual indecency with a child by contact. The charges are a 2nd degree felony, and both were arrested and placed in jail.

Eddie Nichols was arraigned and a bond of $200,000 was placed on him. He is currently in the Harrison County Jail. Sharon Nichols was arraigned and a bond of $100,000 was placed on her. She has been released from jail.

Deputy Nichols has been terminated.