Upshur Co Sheriff Sued: Wrongful Termination, Illegal Search and Cover-up Following Sexual Harassment Complaint

Sheriff Anthony Betterton

Upshur County, Texas 

A former jailer has filed a federal lawsuit against Upshur County and two employees of the Sheriff’s Office, contending he was wrongly fired and that his home was illegally searched.

John Scott Rose and his wife, Crystal Rose, say in the suit they filed May 20 that he was fired in “retaliation based upon his opposition to sexual harassment in the workplace and participation in protected activity.”

The two co-defendants accused of performing the illegal search are Terry Carter and Landon Burleson, who work for the Sheriff’s Office. According to the suit, they illegally searched the Roses’ residence after Rose filed a sexual harassment complaint to the chief deputy of the Sheriff’s Office. According to Rose, the complaint involved two Sheriff’s Department employees who allegedly made inappropriate sexual comments and/or suggestive communications with his wife.”

According to the lawsuit, following the complaint, the chief deputy reportedly talked to the two offending employees. One employee reportedly admitted to inappropriate ‘online’ comments, but the other employee denied the complaint in spite of the existence of incriminating e-mails. The investigation ended with Rose being re-assigned to an alternate shift. On Feb. 2, 2010, Crystal Rose emailed Sheriff’s Office Captain Gary Roberts and complained that one of the offending employees was continuing to spread rumors and/or statements in the workplace about her and her husband.”

On the evening of Feb. 3, 2010, the Roses and their minor children drove into town to pick up medication for him and have dinner. Upon returning to their rural home, they saw two Sheriff’s Department vehicles outside the residence and, “not knowing what was going on. . .(Mr. and Mrs. Rose) parked their vehicle” and told their children to stay in it.

The couple approached their home and saw Carter and Burleson inside. The two men “appeared startled to see the plaintiffs,” exited the home, and Carter handed Mr. Rose a cell phone.

“Standing by on the cell phone” was Roberts, who informed Rose that he and his wife needed to be at Roberts’s office at 9 a.m. the next day. The next morning, Roberts and Sheriff Anthony Betterton met with Mr. Rose, and “Sheriff Betterton (misspelled “Batterton” in the lawsuit) then terminated” Rose.

“The offending employees were never disciplined,” the lawsuit adds.

Sheriff Betterton made the news back in January as well, one of three Upshur County officials charged with official oppression and abuse of official capacity by a grand jury. 

Georgetown Police Officer Accused of Excessive Force: Resigns Prior To Disciplinary Hearing

Georgetown, Texas

Six months ago, Georgetown Police Officer Shanna Shelly was accused of using excessive force. Shelly, an eight-year veteran, allegedly broke the jaw of a 22-year-old man, as well as a tooth.

The excessive force allegations against Shelly were in connection to a neighborhood Christmas party.

According to Shelly’s attorney, once a group of teens were ordered to lie on the floor, the young man had attempted to get up and the officer put her knee in his back, forcing him to the ground. Apparently, the young man broke his own jaw.

Travis’ parents had a different interpretation of that night’s events.

“He was on the ground and she walked up to him and kicked him in the face and then she stomped on his neck leaving her boot print on his neck,” said Marcy Urban, Travis’ mother.

After a 6-month paid leave, Officer Shelly resigned – one hour prior to a disciplinary hearing with Internal Affairs.

Georgetown Police Captain Kevin Stoffle says the department is not authorized to talk about what happened because it’s not allowed by city code if a city employee resigns before disciplinary action is taken.

Georgetown settled with the family of Travis Cox out of court however neither side is allowed to discuss specifics.

The parents of the young man hurt hopes this is the beginning of the end of bad behavior with a few who wear a badge.

Bryan Police Officer Who Shot Two Men Not Indicted, But Remains Object of Investigation

Bryan Police Officer Bill Cross 
Photo Credit

Bryan, Texas

An Update to a story that we featured last month.

A grand jury in Brazos County declined to indict Bryan Police Officer Bill Cross, who shot two men during a confrontation last month on a street corner in North Bryan. However, Cross remains under an internal investigation by the Bryan Police Department.

Relatives and supporters of Johnnie Walton Harris Jr., one of the men shot by the officer, were disappointed by the panel's "no bill" decision.

Cross was responding to a suspicious person call near the intersection of Martin Luther King Jr. Street and Texas Avenue on May 6 when he shot 20-year-old Harris "multiple times" after Harris attempted to grab the officer's weapon, police said.

Harris' mother, Janice Walton, and grandmother, Betty Sims, were standing yards away from Harris when he was shot and also gave statements. During interviews with The Eagle, the pair said they understood Harris wasn't obeying the Cross' orders that day but they didn't believe the officer had any reason to shoot him.

Juan Garcia, an 18-year-old construction worker who happened to be standing about a block away, also was hit by a bullet.

Specific details of the shooting are still being withheld by police pending completion of their internal investigation, which will determine if administrative action is necessary regarding Cross' employment.

Pastor J.C. Ebbs owns a clothing store near the scene of the incident and said he was "shocked" to find out Cross wasn't facing criminal charges.

"Justice was not served," he said. "It's just a black eye to the Bryan Police Department. It's hurtful, it's horrible and it's harmful to the city of Bryan."

Councilman Paul Madison, who represents District 2, where the shooting occurred, also has concerns.

"I find it very strange we that we have not had a report from the Bryan Police Department," he said, adding that he did understand that little could be disclosed as investigations were still ongoing.

But once police complete their internal investigation, details surrounding the shooting need to be released, Madison said

"I think it's imperative we be transparent about what occurred," he said. "At some point, information has to flow freely to the public."

Source

Ector County Sheriff's Deputy Charged in Assault

Richard Tijerina Jr. - Ector County Sheriff's Office

Ector County, Texas

Deputy Richard “Ricky" Tijerina Jr., was arrested Sunday on charges of assault following a fight with his brother.

Sheriff Mark Donaldson said both Tijerina and his brother, Timothy Tijerina, were arrested after a fight between the siblings, but he is more concerned for Ricky Tijerina’s mental well-being than the cut he received above his eye that required stitches.

According to the Sheriff, he thinks the behavior is a result of Tijerina’s injury from a recent stand-off. He suggests the condition is similar to post traumatic stress disorder.

The 29-year-old deputy is charged with class A misdemeanor assault -- causing bodily injury (family violence) and has been released on a personal recognizance bond.

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Houston Police Officer Under Investigation: Accused of Being Drunk, Breaking Into Home and Assaulting Teen Neighbor Over Cigarette Smoke

"He was a bit out of control," recalled neighbor Beth Redmond. "He just kept saying that he was a police officer and he had the right."

Kingwood, Texas

An off-duty Houston police officer is the subject of an internal investigation after a family claims he broke into their home while chasing down a teenager. The family says it happened Friday in a neighborhood in Kingwood.

According to witnesses, the barefoot off-duty officer was chasing a teenager down the street.

The boy’s parents want answers about a broken front door glass and witnesses say you can still see an off-duty officer's trail of blood around their home.

"He put his face to the window and then he punched a hole in the window so he can see through it and then he just opened the door," said Matthew Pifer.

Pifer, 16, says it was last Friday when an off-duty Houston police officer who lives nearby chased him and his friend for allegedly no reason.

"He was intoxicated," said Pifer. "I smelled a ton of alcohol off of him. He was drunk."

The teen says that officer was barefoot and only wearing a bathing suit as the man barged through and broke his family's front door. Pifer says the officer assaulted him and threatened his sister until a neighbor stepped in to help.

"He was a bit out of control," recalled neighbor Beth Redmond. "He just kept saying that he was a police officer and he had the right."

Redmond says he asked the officer what triggered the chase as she bandaged his bleeding hand.

"He said he smelled cigarette smoke," she explained.

Pifer claims neither he nor his friends were smoking, just hanging out near a stop sign between his and the accused officer's home.

The officer has not been identified. But a spokesman from the Houston Police Department confirms that the internal affairs division has launched an investigation.

Pifer's parents say they not only want their door fixed, they say they want to press charges against the accused officer.

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Update: Slaton Police Officer Richard Lee Lewis Indicted in Child Pornography Case

Slaton Police Officer Richard Lee Lewis

Lubbock, Texas

We first brought you the story last month, after Slaton Police Officer Richard Lee Lewis was arrested on child porn allegations. Today, 50-year-old Lewis was officially indicted on six counts related to child pornography federal agents said they found last month on his home computer.

The indictment includes three counts of transportation of child pornography, two counts of receipt of a visual depiction of a minor engaging in sexually explicit conduct and one count of possession of child pornography.

Court documents show Lewis resigned from the Slaton Police Department after federal authorities searched three computers, 80 CDs and 10 VHS tapes seized from his home on May 11.

The arrest warrant affidavit reveals that, on the day of the search, Lewis was at home and waived his rights after being advised of them. He admitted downloading and viewing pornographic images and videos but told federal investigators he usually deleted the sexually explicit material after looking at it, the affidavit states.

Slaton police Chief Royce Goodson has said Lewis, a divorced father with daughters and grand-daughters, resigned a day after the items were seized.

Lewis, a 10-year department veteran, is free on his own recognizance. However, as part of the conditions of his release, he is not to leave the U.S. attorney's office jurisdiction in North Texas, must get mental health counseling and wear a monitoring device, according to court documents.

A trial date has not been set.

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Arlington Police Department Under Fire After Woman Who Made Complaint Against Police Officer Found Dead

Evelia Villa Valencia

Arlington, Texas

A disturbing report is circulating out of Arlington, casting dark clouds over the Arlington Police Department and a former police officer. 

Residents are calling for a federal investigation into the Arlington Police Department, after a lengthy delay of information regarding the death of 29-year-old Evelia Villa Valencia. Ironically, the victim made a complaint recently against an Arlington police officer that led to his termination on May 12. While there have been no arrests made at this time, a local television station has learned the officer is “a person of interest” in the homicide. The Arlington woman accused the officer of forcing her to take off her clothes in front of him.

Valencia, 29, was killed Monday afternoon after dropping off two of her children at school. She returned to her apartment with her 3-month-old daughter and was attacked.

Those who knew Valencia said that she had been "terrified" for months of an Arlington officer against whom she had filed a complaint.

 

A spokesman for the League of United Latin American Citizens (LULAC) criticized the Arlington Police Department, saying it should have publicly notified the community of the death before Friday.

"My perception is they sat on it," said Lico Reyes, LULAC.

Arlington Police are not commenting on the circumstances of the officer’s termination or the specifics of the investigation.