Monday, June 27, 2011

Victim Injured in Unreasonable Raid By Houston Police Officers: Jury Says City Has To Pay

Houston, Texas

The city of Houston has been ordered to pay $17,000 to a man who was injured during a police raid on a downtown nightclub. 

Donald Boyd and his civil rights attorney, Randall Kallinen, held a news conference Monday on the steps of City Hall. They called the verdict a victory and said they hope that it leads to changes in the Houston Police Department.

Boyd and Kallinen said they feel vindicated and praised a federal judge and jury's decision to hold Houston liable for violating people's rights against unreasonable seizures.

On May 17, 2008, Boyd was working at The Pink Monkey, a legally operated after-hours downtown nightclub, when it was raided by Houston police.

The lawsuit alleged that police unfairly targeted minority clubs in an effort to shut them down.

Boyd said he was slammed to the ground and injured. The disabled college student suffers from lupus and walks with a cane and leg brace after suffering a stroke prior to the incident.

Friday, June 24, 2011

News Helicopter Video Catches Fort Worth Police Officer Punching Restrained Suspect

Fort Worth, Texas

Terry Glenn Sillers, 46, was recently arrested on Thursday following a traffic stop. As he was lying on the ground, restrained by three men, WFAA/Channel 8 helicopter captured video of the restrained man being punched at least twice by a Fort Worth police officer.

Sgt. Pedro Criado, Fort Worth police spokesman, declined to speak about the incident and referred questions to the Texas Department of Public Safety, which initiated the traffic chase.

Sillers was wanted for a parole violation and officers from the both the DPS and the Fort Worth Police Department located him on a motorcycle in a southeast Fort Worth residential neighborhood.

When officers tried to pull him over, Sillers attempted to flee but his motorcycle eventually locked and he was surrounded by officers. Once restrained, was when the punching incident occurred.

Saturday, June 18, 2011

Plano Police Officer Accused of Using Excessive Force Against Woman With Cerebral Palsy

Plano, Texas

A disabled woman is suing the city of Plano, saying a Plano police officer violated her civil rights when he used excessive force against her.

Michelle Lucille Spikin is suing the city of Plano and asking for $1 million in compensatory damages for an incident that took place in April 2009.

Spikin suffers with Cerebral Palsy. Court documents filed in the U.S. District Court in East Texas state provide details of a brain injury at birth, which left her with partial paralysis and some cognitive impairment.

The incident happened two years ago, when Spikin was following her boyfriend in a separate vehicle after they had a conflict. The boyfriend pulled into the Plano Police Department parking lot and started to make a complaint against Spikin. The documents say she left the parking lot to go home, but she was pursued by a Plano police officer with lights and sirens.

Spikin says she pulled over into a parking space and opened her door to speak to the officer. She drives a car with specialized gears near the driver's side of the vehicle, which she believes the officer would have been able to see as he approached.

Documentation of the account continues to say that the officer ordered Spikin to exit the vehicle, which she attempted with some difficulty. Spikin lost her balance and landed back in the front seat of the car, at which time the officer once again asked her to get out of the car.

The officer allegedly pulled her from the vehicle and detained her on the ground, partially facedown. Spikin says the force was enough to crack and break her glasses in the process. The officer handcuffed her and, using the handcuffs and the side of her pants, pulled her up to her feet.

Spikin says she fell on the way to the patrol vehicle, and a second officer came to assist the first officer in escorting her to the police vehicle. The entire incident, she says, resulted in "severe bruising, abrasions and cuts" over her arms, hands and body.

While Spikin was charged with "fleeing" once she was taken back to the Plano Police Department, the charges were later dismissed by the Collin County District Attorney.

In the lawsuit, Spikin claims she never posed a significant threat and that the officers used excessive force in their wrongful and unconstitutional seizure.

This week, the Plano City Council approved legal counsel for the Plano police officer involved. The costs will be covered by the city's Property/Liability Loss Fund.

Officials from Plano Police Department have not commented on the lawsuit.

Harris Co Precinct 4 Constables Accused of Excessive Force in Response To False Report

Harris County, Texas

Harris County constables are being accused of excessive force, following a home raid caused by a false report.

Brandwynne "Brandie" Prespentt had just completed work at 3 p.m. June 10 and decided to run some errands. Meanwhile, at home, her husband was being attacked by a dog assigned to a Precinct 4 constable's deputy. The attack on Travis Prespentt resulted in the need for 22 stitches.

What started the unusual series of events was a phone call to the constable’s office by a neighbor of the Prespentts. That neighbor, Tamara Denise White­side, phoned in a false report accusing Travis Prespentt of pistol-whipping and strangling his wife and dumping her in the back of his car.

Now Whiteside is in jail, Brandie Prespentt is alive and well, and the Prespentts are threatening to sue the constable's office for what they call an unprovoked attack.

"If my children hadn't been with my mother-in-law, what would have happened?" Brandie Prespentt asked. "And they never even apologized."

Travis Prespentt was cleaning his porch before the raid. He noticed patrol cars downstairs, but he didn't think they had anything to do with him.

However, when he went inside for a beer, police knocked down his door and ordered him to put his hands up. Prespentt said he did as they said, but deputies still sicced a dog on him.

As the dog chewed on Prespentt's arm, he said, the officers demanded to know where "the female" was.

At one point his sister phoned the apartment. When officers answered, Prespentt's sister immediately called his wife and told her to call her husband. Again, police answered the phone.

After Brandie Prespentt explained who she was, an officer told her about the call they had gotten from her neighbor.

Assistant Chief Deputy Mark Herman said deputies had to go to the apartment because of the serious nature of the neighbor's call.

When the deputies arrived, they identified themselves and warned that they had a dog, Herman said.

"If we hadn't gone, it would have been negligent," he said. "These things happen."

By the time Brandie Prespentt made it home, she said, her husband was covered in blood. He was taken to a hospital, where he received stitches on his arm and treatment for minor scratches.

Travis Prespentt said one of the deputy constables continuously accused him of punching the dog while he was being attacked. He has denied striking the dog, protesting that he is an animal lover.

As for the neighbor who phoned in the false report, she was charged with giving a false report and failure to show identification.

Travis Prespentt has not been able to go to work for the past week, which has hampered his ability to provide for his family and pay their hospital bills, he said.

"They just went on a rumor, and I think that's uncalled-for," he said. "I've never experienced anything like this in my life."

Monday, June 13, 2011

Smith County Deputy Arrested On Drunk Driving Charges and Suspended After Being Found Passed Out In SUV at intersection

Smith County, Texas

Smith County Sheriff's Department will be conducting an internal investigation after a Deputy was arrested Friday night for driving while intoxicated.

Tyler Police found Deputy Albert Lee Hill, 47, passed out in his vehicle at an intersection, according to Smith County Sheriff’s Chief Deputy Bobby Garmon.

According to Garmon, Hill and other Smith County Deputies had been out visiting a local club called Time Out earlier in the evening.

Garmon says in Hill's 23 years as a Smith County Deputy, he's never been in serious trouble.

However, Garmon does say that about six months ago, Hill was the passenger in a vehicle that was pulled over for a traffic stop. Jacksonville Police arrested the female driver of that vehicle because she had a misdemeanor warrant out for her arrest. Hill was not arrested during the incident.

Hill was released from the Smith County Jail on Saturday on a $500 bond.

Garmon says Hill was indefinitely suspended yesterday.

Saturday, June 11, 2011

Dallas Police Chief Fires Three Troubled Police Officers

Dallas, Texas

I was beginning to wonder why the week had been going so slow in the news department. However, I knew it wouldn’t be long until something came our way. This story is actually a positive one and confirms our belief in Dallas Police Chief David Brown for handling problem officers. Brown fired three police officers Friday, one for using inappropriate force on a handcuffed prisoner, and two who were arrested on drunken-driving charges.

So far, that brings the total number of officers fired to 21, through the department’s internal affairs disciplinary process since Brown assumed command of the department.

“The terminations today again point out the importance of officers conducting themselves ethically, fairly and with integrity,” Brown said in a written statement.

More good news involves a newly-created early intervention program for troubled officers. This comes after a number of high-profile, use of force incidents. About a dozen officers have been identified as potential candidates for the program. A supervisor can document problem behavior or poor performance and request that the officer be considered for the program. Or officers can be placed in the program if they meet certain criteria, such as having three use-of-force complaints filed against them within a two-year period.

Officers placed in the program will be monitored for at least 90 days. Supervisors will provide weekly and monthly progress reports. Officers must complete 40 hours of training and can only drive cars with in-car cameras. Those who are repeatedly placed in the program will face progressively stricter restrictions, such as not working in jobs that require public contact or not being allowed to work off-duty jobs.

The situation of Officer Michael Mosher, one of the three officers fired Friday, is just the type of outcome police commanders hope to avoid. Mosher has repeatedly been the subject of use-of-force complaints since joining the department in 2004. Three years ago, he received a five-day suspension after internal investigators found he used inappropriate force on a juvenile.

The investigation that led to his firing resulted from a January arrest in which other police officers told supervisors he used inappropriate force on a handcuffed prisoner in Far North Dallas.

“There’s a pattern there that is disturbing,” said Assistant Chief Vince Golbeck, who oversees the city’s seven patrol stations.

Also fired were:

Officer Jason Rowland, 34, who was stopped for speeding March 15 by a Hickory Creek police officer. He was then arrested on suspicion of drunken driving. He was hired in 2001.

Officer Brandy Lindsey, 28, was arrested on suspicion of drunken driving Nov. 7 in Murphy. According to police records, an officer pulled Lindsey over because she was speeding and driving erratically. A blood alcohol test obtained through a search warrant showed a level of 0.14, nearly double the legal limit. She joined the force in 2006.

Again, we salute Dallas Police Chief David Brown!

Monday, June 6, 2011

Winkler County Sheriff Robert L. Roberts Retaliation Trial Begins This Week

Sheriff Robert L. Rogers, Jr.

Lubbock, Texas

Winkler County Sheriff Robert L. Roberts Jr., who was accused of retaliating against two nurses who made ethics complaints against a doctor, is heading to court tomorrow.

The doctor was reportedly a friend of the sheriff.

Roberts is facing two counts each of misuse of official information and retaliation, both are felonies and official oppression, a misdemeanor.

If convicted, he could be sentenced up to 10 years in prison. 

The two nurses Roberts is accused of retaliating against also faced misuse of official information. Charges were dropped against one of the nurses, Vickilyn Galle, and the other, Anne Mitchell, was acquitted in February 2010.

Another county official and the doctor also face charges for allegedly retaliating against the nurses.
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