Tuesday, November 1, 2011

HPD DWI Bat Van Update: Judge Threatens Top Houston DA Assistants With Jail Time


Houston, Texas

KTRK-TV (ABC13) is reporting on new information in the ongoing investigation of criminal activity within the Harris County District Attorney's Office.

Court documents filed this morning reveal District Court Judge Susan Brown is threatening to jail two of DA Pat Lykos' top deputies, along with two other county staffers. The top deputies are Carl Hobbs, in charges of the DA's grand jury division, and Steve Morris. The two others are court reporters -- the people who take down testimony and prepare transcripts. The four are all being called to court next Monday morning to explain why they have transcripts of what should be secret grand jury testimony.

The testimony is apparently part of a Grand Jury investigation into possible criminal wrongdoing surrounding concerns over HPD BAT Van DWI tests.

Now it turns out (according to court documents) that the DA's office has transcripts of some testimony.

The DA's office is not commenting at this point.

League City Police Chief Accused Of Issuing Ticket Quota

League City Police Chief Michael Jez
League City, Texas

League City Police Chief Michael Jez is under fire, after allegations have surfaced that he is requiring officers to write at least two tickets per day or face disciplinary action.

Ticket quotas are illegal and violate the Texas Transportation Code.

Officer Sean Arena sent his complaint to all of the city's leaders, including the mayor, and to the district attorney and attorney general on Oct. 19.

Arena claimed that he was pressured by the chief and one of his captains to write more tickets.

"Over the period of the past 18 months, there has been a clear push by League City Police administration to ensure League City patrol officers conduct a 'certain amount' of traffic stops each workday," Arena wrote.

When asked for comment, Jez referred all questions to City Attorney Arnold Polanco. Polanco declined to answer questions, citing that city policy prevents him from discussing any case that is under investigation.

Sunday, October 30, 2011

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?"

Friday, October 28, 2011

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.

Wednesday, October 26, 2011

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

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