Archive for the ‘Cops’ Category

Quick update.

Saturday, March 18th, 2017

The guy who killed two people and injured a third near Lakeway?

Randall Burrows, 54, shot himself in the head just outside of Summit, Miss., after a short chase with Mississippi highway patrol, Travis County sheriff’s officials said. He was taken to a hospital, and he was pronounced dead soon after 5 p.m., roughly 15 minutes after the U.S. Marshals had found him and the chase began, Travis County sheriff’s Capt. Craig Smith said.

Memo from the police beat.

Thursday, March 16th, 2017

The past few days have been busy ones for law enforcement in and around Austin, and not just because of South By So What. Here’s a quick survey of some things that I’ve found interesting.

There’s a new plan for the APD DNA lab: get Texas DPS to run it.

Under a proposed contract, the city of Austin will pay the Texas Department of Public Safety $800,000 a year to manage all aspects of the lab, including procedures for analyzing forensic evidence and the oversight of employees hired by the DPS to work there.
The newly named Department of Public Safety Capital Area Regional Lab will focus exclusively on Austin police cases, Assistant Police Chief Troy Gay said.

I suppose this is better than nothing, or the current state of affairs. And $800,000 sounds like a reasonable amount of money if the new management from DPS is going to fix all the problems and claw through the backlog. But I still think we’d be better off with an independent lab like Houston’s, or making the existing lab am arm of the courts.

Speaking of the DNA lab, here’s a story I haven’t seen reported anywhere else:

In the first legislation of its kind, the lawmaker, State Representative Victoria Neave, a Democrat from Dallas, introduced the bill in February to solicit donations of $1 or more from people when they renew or apply for driver’s licenses. The money would underwrite a grant for the Department of Public Safety to test what are commonly called “rape kits,” which consist of evidence samples including hair, semen, fabric fibers and skin cells.

(Note that the paper of record characterizes this as “crowdfunding”, which I find a bit misleading.)

If adopted, it could generate an estimated $1 million a year, based on similar donations collected for veterans from driver’s license applications, according to a legislative budget document. When administrative costs are deducted, that would leave more than $800,000 every fiscal year that local governments could tap to push through testing of evidence collected from the victims of sexual assault during a physical examination that can take four to six hours.

Where have I heard $800,000 recently? Oh, yeah.

The donations are intended to supplement rather than replace a budget for the testing, which can cost $1,000 to $1,500 for each kit. The Legislature, which is now in budget talks, is also considering allocating $4 million to fund the process, said Rebecca Acuna, Ms. Neave’s chief of staff.

You know what I’d really like to see? A breakdown of where that “$1,000 to $1,500 for each kit” goes. I’m not against rape kit testing – quite the opposite – but I’m curious why it costs that much. I’m also curious if this cost has increased or decreased over time, with improved technology. And are there possibly better, faster, and cheaper ways of testing rape kits without sacrificing accuracy?

Two people shot and killed last night, and a third airlifted with “critical, life-threatening” injuries.

If you look at the Stateman‘s handy Google map, you’ll see this took place not terribly far from the Lake Travis High School/Education Center complex. My mother and I were down there last night with a bunch of other people….attending the Lakeway Police Department’s Citzens Police Academy class. As a matter of fact, right around the time of the shooting, we were out in the parking lot looking at the Lakeway PD patrol cars (Chevy Tahoes. This led someone to ask, “Why the switch to SUVs?” I suspect most of my readers know the answer already, but in case you don’t: “Because Ford stopped making the Crown Vic, the greatest patrol car ever given to us by God.”) and the Lakeway PD police motorcycles (Harley Davidsons). I don’t recall hearing any shots or even the Starflight helicopter.

Even better, we had just finished listening to a presentation from one of the people who does the Lakeway PD statistical analysis about how safe Lakeway was, how many calls for service/stops/arrests there were year to year, and what the major categories were. “Homicide” didn’t even register. (Technically, it’s probably still true that Lakeway is relatively safe, even though the shooter is at large: I believe the shooting happened near, but outside of, the Lakeway city limits, so it would be chalked up as “unincorporated Travis County”.)

The first we knew about it was when we were breaking up for the night: the second in command of the department (who also runs the classes, and who usually jokes around a lot) came in and said “I want everyone to listen to me very closely. Two people have been shot near here and the shooter is still at large. We are going to walk everyone to the parking lot and make sure you all get into your cars safely. I need for you to leave the area as quickly as you possibly can.” That will put some spring in your step.

Reports are that this was “an isolated incident”, possibly a “disgruntled contractor” who shot these people because he didn’t get paid. Which is just stupid: if you shoot people, they can’t pay you.

And speaking of the Lakeway CPA, for reasons: a interesting and contrarian point of view from Grits For Breakfast in opposition to a statewide ban on “texting and driving”.

Flaming hyenas watch.

Thursday, March 16th, 2017

The LAT has gotten really obnoxious about viewing articles on their site with ad-blockers enabled (or disabled) so I haven’t been keeping up as well as I should with goings-on in the banana republic of California.

For example, I totally missed that Lee Baca was being re-tried. (You may remember his first trial ended in a mistrial.)

And even better:

Lee Baca, the once powerful and popular sheriff of Los Angeles County, was found guilty Wednesday of obstructing a federal investigation into abuses in county jails and lying to cover up the interference.

Let me just remind folks:

To get to Baca, prosecutors methodically worked their way up the ranks of a group of sheriff’s officials who were accused of conceiving and carrying out a scheme to impede the FBI jail inquiry. In all, 10 people — from low-level deputies to Baca and his former second in command — have been convicted or pleaded guilty. Several other deputies have been found guilty of civil rights violations for beating inmates and a visitor in the jails.

Dumber than a bag of hair. But I digress. The NYT claims he “could face up to 20 years in federal prison”. As we all know, claims like this should be taken on good quality rice with some soy sauce and wasabi. My totally outsider speculation, as someone who isn’t a lawyer and hasn’t practiced in federal court: I’ll be surprised if Baca gets any prison time, given his age and alleged Alzheimer’s. I expect a long probated sentence.

It’s Baltimore, gentlemen.

Friday, March 3rd, 2017

The gods will not pay your overtime when you’re sitting on the beach.

A federal judge ordered Thursday that six Baltimore police officers be held in jail pending their trial on racketeering charges, saying no conditions of release were sufficient to ensure public safety.

There are actually seven officers who have been indicted.

Federal prosecutors in the office of U.S. Attorney for Maryland Rod J. Rosenstein allege that the officers, all members of an elite unit tasked with getting guns off the streets [Emphasis added – DB], robbed Baltimore residents, fabricated court documents and filed fraudulent overtime claims. Gondo also is accused in a separate case of being involved in and assisting an illegal drug organization.

According to this report, “some” of the officers were members of “the elite Gun Trace Task Force”.

As first reported by the Baltimore Sun, several of the officers were also highly praised in the October 2016 Baltimore Police newsletter in an article written by Lt. Chris O’Ree, a member of the ATF taskforce.
“I am extremely proud to showcase the work of Sergeant Wayne Jenkins and the Gun Trace Task Force,” O’Ree wrote. “Sergeant Jenkins and his team have 110 arrests for handgun violations and seized 132 illegal handguns.” He added, “I couldn’t be more proud of the strong work of this team.”

How elite were they?

In one case, four of the officers are alleged to have stolen $200,000 from a safe and bags and a watch valued at $4,000. In July 2016, three officers conspired to impersonate a federal officer in order to steal $20,000 in cash.

Also, I’m sorry, but if you are a police officer, your nickname should not be “GMoney”.

Memo from the police beat.

Thursday, February 23rd, 2017

A quick roundup of some police related news, mostly for RoadRich, but perhaps of interest to my regular readers.

APD’s latest officer-involved shooting. There don’t seem to be any updates since late last night, but so far this is sounding like just another sad story: police responded to a call in South Austin, a woman in her 20s fled, tried to run over offices, crashed, exited her vehicle and brandished a knife at one of the responding officers, and…

By way of Hognose over at Weaponsman: the chief of the Punta Gorda, Florida police department has been charged with “culpable negligence” and one of his officers has been charged with felony manslaughter. This is related to the citizen’s police academy shooting that I’ve discussed previously in this space.

(Interesting note: my mother and I started the Lakeway Citizen’s Police Academy last night. The officer who was teaching last night (also the second-in-command of the Lakeway PD) mentioned the Punta Gorda incident in the context of “things we won’t be doing in this class”.)

(I might discuss the Lakeway CPA in more detail at some point down the road. My initial impression is that there are a lot of differences between it and the Austin CPA; some of those are probably do to the relative size of the departments, the available resources, and the length of time the programs have been in operation. My class is the 14th for the Lakeway CPA: my Austin CPA class was the 87th, and I’m currently helping out with the 91st class.)

The city of Cleveland has agreed to pay more than $13.2 million to settle lawsuits involving police misconduct since the November 2014 death of 12-year-old Tamir Rice, an officer-shooting death that came at a time when the public started scrutinizing police actions.

(Hattip: Tim Cushing.)

I wish there was more context in this article. $13.2 million over 26 months sounds like a lot of money, but how does this compare to other cities over the same time frame? How much have cities like Chicago, New York, and Austin paid out over the same period? How does this break down on a per capita or per officer basis?

(Wikipedia estimates the current population of Cleveland at just under 400,000. Let’s take that as a base number. That’s $33 per citizen. “More than 1,600” people are on the police force: just for grins, let’s round up to 1,700. That’s $7,764.70 per employee, which would include both sworn and non-sworn.)

(The population of Austin was about 931,000 in 2016, and there’s about 1,800 people on the APD staff, both sworn and non-sworn. It’s interesting that the Cleveland PD has somewhere between 100 and 200 fewer officers for a city with less than half the population and a third of the area. But I digress. Unfortunately, I don’t have a figure for settlements paid out by the city since November 2014. But I will note, since I haven’t previously: last week, the city agreed to pay $3.25 million to the family of the naked 17-year-old shot by an APD officer.)

Art quickie.

Monday, February 13th, 2017

I don’t feel like this justifies a full “Art (Acevedo) Watch”, but noted:

Police Chiefs Say Trump’s Law Enforcement Priorities Are Out of Step

Some police chiefs and sheriffs have complained that immigration enforcement is not consistent with their priorities and could undermine hard-earned trust. “I would rather have my officers focused on going after violent criminals and people breaking into homes than going after nannies and cooks,” Chief Art Acevedo of Houston said.

Related:

It remained unclear whether the actions by Immigration and Customs Enforcement agents were part of continuing operations to round up undocumented immigrants with criminal convictions or a ramping-up of deportations by the Trump administration.

Also quoted: Kim Ogg, the new Harris County DA.

Half a million dollars.

Thursday, February 2nd, 2017

This is slightly old news that I’ve been meaning to note for a couple of days now. I still think it’s worth mentioning, because it seems to me there’s something buried in the press coverage.

The Travis County Commissioners Court has voted to pay Judge Julie Kocurek $500,000.

“Does this have something to do with her being shot?” you might ask.

Indeed, it does.

“But why? The county didn’t shoot her. The cops didn’t shoot her. She was shot by a bad guy.”

Indeed, this is true. The money is being given as a settlement for “any claims against the county that Kocurek could have sought in a lawsuit”. Some of this is spelled out in the Statesman stories, and some of this is me reading between the lines, but it looks like the argument is:

  • There was a credible tip that Chimene Onyeri was targeting a judge.
  • The tip was investigated by the Travis County DA’s office.
  • Apparently, the investigators thought that the judge being targeted was both a male judge and one that wasn’t in Travis County.
  • It isn’t clear to me if the investigators knew that Onyeri had an appearance coming up in Judge Kocurek’s court (where he likely would have been sent back to prison) and ruled her out as a target because she wasn’t a male judge, or if they weren’t aware of his upcoming appearance.
  • In any case, they decided there was no “credible threat to any Travis County district judge”.
  • Judge Kocurek was shot three weeks later.

It’s hard for me to tell if anyone was wrong here. On the one hand, it seems like there was a credible threat: was it dismissed because the investigators screwed up and didn’t realize the subject of the threat might not have a been a male judge? And a big question is: why didn’t they warn all the judges? On the other hand, there’s an argument that the investigators did the best they could with limited information. And if they sent out warnings to all the judges every time some jackhole shot his mouth off, pretty soon it’d be “The Boy Who Cried Wolf” all over again.

No matter what, though, taxpayers are going to be out $500,000. I don’t begrudge Judge Kocurek the money: if you offered me $500,000 to let someone shoot at me, my response would be three words (two of those being “go” and “yourself”).

But it still bothers me.

Random notes: January 13, 2017.

Friday, January 13th, 2017

Actual headline from the NYT:

It’s Baltimore, gentlemen. The gods will not save you from a consent decree.

I feel a possible rant coming on about questionable legislation and questionable journalism, but I’m still trying to pull together information and run this past some friends for a sanity check.

Justice Dept. releases scathing report, says Chicago police officers have pattern of using excessive, unconstitutional force

Investigators excoriated the department and city officials alike for what it called “systemic deficiencies.” The report also said investigators determined that the Chicago police force has not provided officers with proper guidance for using force, failed to hold them accountable when they use improper force and has not properly investigated such incidents. They also faulted the city’s methods of handling officer discipline, saying that process “lacks integrity.”

Everyone together now, on three. One…two…three.

Obit watch: January 11, 2017.

Wednesday, January 11th, 2017

Michael Chamberlain, ex-husband of Lindy Chamberlain and father of Azaria Chamberlain.

You may remember the Chamberlains from the “dingo ate my baby” case, which I have touched on before.

Detective Steven McDonald of the NYPD. Det. McDonald was shot by a 15-year-old boy in 1986. The shooting left him completely paralyzed from the neck down.

A plainclothes police officer when he was shot, Officer McDonald remained on the Police Department’s payroll afterward as a first-grade detective, at times appearing at roll calls and offering support for wounded officers.
His son, Conor, who was born six months after the shooting, is a sergeant with the New York Police Department and represents the fourth generation of the family to serve in the department.

Not sure I agree 100% with your police work there, Lou.

Monday, January 9th, 2017

One thing the Citizen’s Police Academy “suggests” is that you should reserve judgement on incidents involving the police – if not until all the facts are in, at least until we’re past the initial reports stage.

With that said, this doesn’t look good.

Yesterday, the APD arrested a man at one of our local malls. He was charged with shoplifting, but APD couldn’t determine his identity and suspected he had open felony warrants. So they loaded him into the back of a squad car and headed downtown for fingerprints.

On the way, the handcuffed gentleman told the officer he was feeling suicidal. The officer asked him if he had the means to kill himself…

…whereupon the gentleman in question pulled a gun out of his waistband and, after a brief standoff, shot himself in the head.

The obvious question is: how did police not find the gun?

An Austin police officer did not conduct a thorough pat-down of a man who shot himself Sunday in the back of a police car because the man already had been handcuffed by mall security, a preliminary investigation of the incident has found.

Other than the obvious lesson about assumptions getting you killed, I’m also wondering: how big was the gun? If it was a full-sized 1911, that’s one thing: Ray Charles probably wouldn’t have missed that. Then again, if it was a full-size 1911, the guy would probably be dead, instead of critical. If it was something like a NAA .22, or possibly even a Ruger LCP, missing it is a little more understandable to me.

Merry Christmas, Lee Baca.

Friday, December 23rd, 2016

The former sheriff of LA county got to open his present a few days early:

A mistrial was declared Thursday in the corruption case against former Los Angeles County Sheriff Lee Baca after a jury failed to reach a verdict on charges that he tried to obstruct an FBI investigation into allegations that deputies abused jail inmates.

The LAT reports that the jury was “split 11 to 1 in favor of an acquittal”, which makes me wonder if the prosecution is even going to attempt a re-trial. As noted previously, Baca is also in “the early stages of Alzheimer’s disease”; an attempt at a retrial may run into competency issues.

Related LAT editorial:

If hypocrisy, mismanagement and detachment were crimes, Baca would surely be staring down a long prison term.
But they are not, and they do not warrant criminal conviction or incarceration.

Los Angeles County is such a huge and virtually ungovernable county that any sheriff may be found wanting as a manager.

How hard is it not to beat prisoners and obstruct justice?

APD. DNA. FUBAR.

Friday, December 16th, 2016

The Austin Police Department has abandoned plans to reopen the DNA and forensic serology labs.

“We have failed in the area that is under question now with some of our DNA operations and some of the issues that came forward through the Forensic Science Commission audit,” [Police Chief Brian] Manley said. “For that I take responsibility and I am working with a team of leaders to push this forward so that our community has a system that works for them.”

Props to Chief Blast HardCheese for stepping up and taking responsibilty. But:

Since the DNA began operating in 2004, it has passed 17 audits and held national accreditation by the American Society of Crime Lab Directors.

Question number 1: how did the lab manage to pass 17 audits and get accreditation if it’s been badly run since the beginning?

Question number 1a: did the problems just start recently? If so, how and why?

Question numero dos: The lab opened in 2004. Chief HardCheese has been chief for about two weeks now: before that, he was an assistant chief, and I’m not sure how much day to day input he had into lab operations.

You know who did have a lot of input into lab operations? You know who was the HMFWIC when things went to hell in a handbasket? Yes, you do know, don’t you?

By the way, that’s not the only lab news today. The guy that was hired to run the lab? He’s no longer running the lab. And not just because the lab isn’t reopening:

Milne was hired to be Austin police’s chief forensic officer and earned $111,384 a year, police officials said. Manley said he has heard concerns from within the criminal justice community about Milne’s background and qualifications. Manley said he pulled Milne’s academic transcripts, which led him to conclude that Milne did not have adequate qualifications to run the functions of the lab.
“This individual has been removed from his role overseeing any functions at the lab and he is not associated with the lab at this time,” Manley said. “His future at this point is something we are working on determining how we will work through that.”

Perhaps I am a little biased here, but I’m starting to like Chief HardCheese more. I actually heard him speak last night, and he’s a pretty good speaker. He hasn’t done anything to irritate me yet. He hasn’t made any stupid public statements on guns. He’s a St. Ed’s graduate. (Hilltoppers represent!) And he actually seems to be making efforts to clean up this mess.