Travis County DA Rosemary Lehmberg Issues DWI Apology from Jail

Austin, Texas

Travis County District Attorney Rosemary Lehmberg took a few moments, while serving a 45-day jail sentence for drunk driving, to issue an apology letter.

To the citizens of Travis County:

I understand many have commented both in support of and against my returning to office. I would like to speak for myself and this is the only form of communication available to me at this time.

I apologize to all of you. There can be no anger directed at me – or disappointment in me – greater than my own. And, I neither believe nor expect that any words written or speech given can possibly convey the magnitude of the shame I feel for breaking the law and therefore, the trust with the people I serve and the community I love.

My sincere apologies to the arresting officers and to the entire law enforcement community with whom I have worked side-by-side for 37 years and for whom I have always had great respect. After my arrest, I failed to act properly and I failed to show the respect that those law enforcement professionals deserve. For my misbehavior and disrespect toward them, I am truly sorry. I appreciate greatly their patience, civility, and professionalism.

I also owe an apology to the staff at the Travis County Jail. Their jobs are always difficult, and some of my behavior that night made their jobs even more difficult. And, while I have received no special treatment while in jail, I have been treated with respect and courtesy.

My apologies to those who have supported me in the past and through this very difficult time. I have been fortunate to have the backing of both Republicans and Democrats. There is no room for partisanship in the District Attorney’s office.

And, most of all, my apologies to this community. My life, like yours, is full of victories and defeats, highs and lows, joy and sadness, shining moments and stunning mistakes. I think you know where this moment lies.

Last, my sincere apologies to the staff of the District Attorney’s office. I know this experience has created anxiety and concern, but I also know them to be dedicated public servants who consistently put their own needs aside to serve the greater good.

It was both my choice and responsibility to plead guilty and to accept the punishment meted out by the court before I took any other action. To do otherwise never occurred to me.

There are three things I want you to know.

First and foremost, I take the offense of driving while intoxicated seriously.

There are hundreds of reasons that lead up to a single event in our lives – but no excuse for driving while intoxicated.

Secondly, upon my release, I will continue to seek professional help and guidance.

I know that I need help understanding and treating the cause of this behavior. For that reason, I am making arrangements for further professional assessments and pledge to follow all recommended treatment as soon as I have served my jail term.

And, third, I must deal with the civil issues facing me.

Some of that situation is out of my hands. But I can assure you I will address the issues in a forthright and honest manner.

As others have stated, I have never planned to seek a third term and will not. It is my hope to complete my term in office to complete the work we (my dedicated professional staff and I) started four years ago. I am proud of the work we have done from this office over the last 37 years and I hope to have the opportunity to continue that service.

I offer my deepest regret and most sincere apology and seek forgiveness from the people of Travis County.

Sincerely,

Rosemary Lehmberg

Video: Travis County District Attorney Rosemary Lehmberg's Drunk, Wild Night in Austin

Austin, Texas

As you may recall, District Attorney Rosemary Lehmberg was recently busted for drunk-driving in the Austin area.

It was around 9:45 p.m., Friday, April 12, when Travis County deputies pulled Lehmberg over, after a report about a suspected drunk driver.

According to her arrest affidavit, Lehmberg's eyes appeared watery and bloodshot, her speech was slurred and her body was seen swaying. Officers also indicated that Lehmberg had some issues with field sobriety tests.

As they say, however, a picture is worth a thousand words. And in this case, video is worth even more. The Travis County Attorney’s office has released footage from the night.

Austin lawyer Kerry O'Brien is filing suit against Lehmberg. He wants a judge to force her to resign.

"I don't want Ms. Lehmberg to be dragged through the public and embarrassed, but when you hold a position of power you have a responsibility," O'Brien said. 

How do you feel? Why not take a look at the video.

Lehmberg is in the Travis County jail serving a 45-day sentence after pleading guilty to DWI.

Harris County Deputy Tommy Forgue Knows All About Wild Oats: Charged With Molesting Woman at Houston Livestock Show and Rodeo

Houston, Texas

Down at the Houston Livestock Show and Rodeo, it wasn’t just the livestock gearing-up for a little breeding. If what authorities say is true, a deputy with the Harris County Constable’s Office Precinct 5 was also looking to sow some wild oats.

That particular duputy, Tommy Forgue, is accused of molesting a woman who turned to him for help at during the event.

The 23-year-old woman was at the Barbecue Cookoff at Reliant Park back on Feb. 23, when she got separated from her family.

The woman said Deputy Tommy Forgue approached her in full uniform and offered “personal assistance.” He not only handed over his personal iPhone, but then offered to drive her around to her parent’s vehicle.

The woman said once she got into the constable’s unmarked vehicle he asked to see her breast. When she said "no," she said Forgue reached over and pulled her shirt down, exposing her nipple, and then began touching the side of her breast with his hand.

The woman said she was afraid he would sexually assault her further, so she texted her friend on his phone saying she needed help. At one point, she said she tried to get out the vehicle and he threatened to arrest her if she didn’t get back in.

Eventually, Forgue made it to the parking lot area where her parent’s vehicle was located and she called police, according to court documents.

Forgue admitted that he did provide transportation to the woman in his personal vehicle while acting as a peace officer, and that he told her that she could be arrested for public intoxication, but he denied making any sexual comments to the woman.

Forgue was charged with official oppression, a misdemeanor. The Houston Police Department is investigating the incident.

Tommy Forgue is a deputy in the patrol division, serving the department for nearly five years. He has since been placed on administrative leave.

Georgia Detective and Nutjob Scott Biumi Goes Berserk in McDonalds Drive-Thru

Forsyth County, Georgia

Not a Texas story, but an important one to show, demonstrating misconduct, excessive abuse and the need to really consider who really wears a badge.

A police officer who was waiting in the drive-thru line at a McDonald's restaurant in Forsyth County is accused of pulling a gun on the customer ahead of him because the officer was angry at having to wait for his food.

The officer in question is Detective Sgt. Scott Biumi, 48, of the DeKalb County Police Department. Biumi is charged with felony aggravated assault on the customer.

Biumi will have his police certification suspended.

"This flies in the face of decency and police professionalism and you can quote me on that!" said Ken Vance, the Executive Director of Georgia's Peace Officer Standards and Training Council. "His certification will be suspended immediately."

DeKalb County Police Chief Cedric Alexander placed Biumi on administrative leave with pay while the case is investigated.


Chief Alexander said Biumi has been on the force for more than 20 years. He began employment with DeKalb County Police in March of 1988. Over his 24 year history with the department he received more than 17 hundred hours of training, including a course in 2012 on 'ethics and professionalism.'

Dallas Police Officer Nicole Thomas Suspended After Drunk Driving Arrest

Dallas, Texas

A Dallas police officer has been suspended with pay after she was arrested for drunk driving in Seagoville.

Officer Nicole Thomas of the southeast division has been placed on administrative leave.

Thomas was arrested in March after fleeing the scene of an accident. It was later confirmed her blood alcohol level was twice the legal limit.

The Supreme Court Rules Against Police Officer Taking Blood Sample Without Warrant from Alleged Drunk Driver

Washington, D.C.

A man charged with drunk driving successfully won his case at the U.S. Supreme Court on Wednesday, with the justices concluding police should have first obtained a warrant before conducting a blood test against his will, shortly after arrest.

The issue before the court involved the balancing test between timely gathering of accurate evidence and privacy interests.

In this case, the high court struck down Missouri's guidelines giving police broad discretion to forego getting a judge's prior approval before executing a search.

"We hold that in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant," said Justice Sonia Sotomayor.

Law enforcement wants flexibility to conduct such "searches"-- saying alcohol dissipates over time and that delays getting a magistrate to sign off on a blood sample can mean justice denied.

However, according to civil rights advocates, these kinds of "invasive" medical procedures are unnecessary and unconstitutional, absent any extraordinary circumstances negating the warrant requirement.

The case involves Tyler McNeely, 25, who was stopped in the middle of the night two years ago near Cape Girardeau, Missouri, for speeding. He failed four field sobriety tests administered by highway patrolman Mark Winder.

McNeely then refused a portable Breathalyzer test on the scene, and was placed under arrest. The corporal then transported the suspect to a local hospital when McNeely said he would not consent to a breath test at jail.

Ignoring the man’s objections, the officer ordered a blood test.

The Fourth Amendment protects "the right of the people to be secure in their person ... against unreasonable searches and seizure," and that "no warrants shall issue, except under probable cause."

The high court's guiding standard has long been "reasonableness" and the justices here again said the warrant requirement can be suspended under exigent circumstances, such as the risk of endangering lives or destruction of evidence.

But the court has also said state intrusions into one's own body generally require prior review and approval by a judge.

The decision will likely mean police may be required to adopt more extensive guidelines on its testing policies, narrowing the emergency exceptions to the warrant requirement.

Is Nueces County Deputy Constable Ben Zapata, Jr. a Wife Beater? Authorities Say Yes

Robstown, Texas

A Nueces County deputy constable had the opportunity to be a guest at the jail on Monday, after his arrest on retaliation charges is out on bond. Robstown Police say he assaulted his common-law wife on Saturday.

The deputy constable has been identified as 54-year-old Ben Zapata, Jr. He was arrested Monday at his home in the 500 block of Iowa.

According to the arrest affidavit, a warrant was issued after Zapata’s common-law wife Oralia Cuellar said he punched her in the mouth and dragged her by her hair on Saturday. The woman, according to investigators, confronted him about coming home from work in a bad mood on Saturday.

Zapata is facing retaliation charges because he was allegedly harassing her as she filed assault charges against him. According to court documents, while Cuellar was at the Robstown Police Department, Zapata called her 56 times in the hour that she was talking to detectives.

Cuellar sent him a text message telling him that was enough and that he was harassing her. And this isn’t the first incident of abuse, according to court documents. According to the affidavit, Cuellar says Zapata threatened her and says “I might as well kill you now and get it over with” she says that’s when he walked out of the home and acted as though he had a gun in his hand. Lt. Gilbert Gomez of Robstown P.D. says punishment or termination with the Precinct 5 Constables will be assessed by that department.

LT. Gomez said Cuellar was pretty “banged-up.” Detectives also witnessed the dozens of phone calls that came from “Ben” while they were taking the woman’s statement.