Archive for the ‘Austin’ Category

Memo from the police beat.

Tuesday, May 1st, 2018

The long slog towards hiring a new police chief in Austin appears to be coming to an end.

First we had to wait for a new city manager. Then, once we got a new city manager, he (Spencer Cronk) had to figure out what he wanted to do about filling the job.

Now he’s got finalists.

Oh, did I say “finalists”? I meant “finalist”: interim chief Flint Ironstag Brian Manley.

Chief Manley has a lot of community support, especially after the Mad Midnight Bomber What Bombs at Midnight incident. However, his selection isn’t final:

…sources say he will make clear he plans to seek input from citizens and civic groups through a series of meetings and other events before making a final decision on whether to appoint Manley or open the job nationally.

Personal opinion: I like Fist Rockbone. He hasn’t said anything yet that really annoyed me, he’s a St. Ed’s grad, and he’s a local guy who knows the city. I think it’s about time for the department to be led by someone like this.

In other news, the Statesman ran a big investigative story over the weekend:

Spisak, Gibbons and Murray are among 10 former cadets with a broad range of life and professional experiences who did not complete the academy training course — two were kicked out — and spoke in recent months to the American-Statesman.
They say what they were being taught at the academy is out of step with reforms being promoted by the Austin Police Department publicly and in law enforcement agencies across the country. To them, the training course for rookie Austin officers is unnecessarily aggressive — a climate they fear pervades the force of 1,800 officers and spills onto the street.

I haven’t sorted out how I feel about this yet. On the one hand, these are people who didn’t make it through the academy complaining about the training.

On the other hand, despite my hanging out with the cops, I’m still somewhat on the side of Radley Balko and others: policing has become increasingly militarized and aggressive, and needs to get back to fundamentals.

On the gripping hand, I think there’s a lot of truth in what the training officers say, and what I’ve heard in my interactions with them. Policing is, by nature, an agressive act: you’re dealing with people who don’t want to go to jail. Of course they’re going to fight you, and you need to be prepared for that. You need to be prepared to fire a shotgun, hit the target, and deal with the recoil, even if you are a small-framed woman. (The woman who runs Austin’s CPA program probably weighs 120 pounds, soaking wet and with full duty gear. She’s been a police officer for 20+ years, doing some of the toughest stuff imaginable, and can kick your butt eight ways from Sunday.)

“We are sorely disappointed in you as a group,” he yelled. “We’ve got people showing up who have lived in Austin, Texas, for a (expletive) year and still don’t have the right address on their driver’s license. Guess what? You’re showing up at the Police Department and you’re violating the (expletive) law. Grab your water bottles and get the (expletive) outside.”

He’s absolutely right. Cadets have plenty of advance warning before they show up to the academy, and they know what they’re getting into. There’s no reason for them to show up not squared away.

The other thing I hear training officers say: they’re dealing with entire generations of people who have never been in a fistfight. They have no idea what it’s like to take a punch, or get into a physical confrontation. Not only have they never done it, they’ve been actively discouraged from doing it all of their life. And the academy has to teach them to get past and through that. You can’t quit if you hurt a rib or got punched in the face. You have to keep going, or else you will die. Or your partner will die. Or both of you will die.

I’m not one of those people who blindly says “Oh, the cops have a dangerous job” as an excuse for bad behavior. Yes, it is dangerous (not so much so as commercial fishing, for example) but I still want my police to behave properly, and treat everyone with dignity and respect up until the point they forfeit that right. Then I want them to end the threat as efficiently and humanely as they possibly can. To steal an old CHL saying, “Be polite, be professional, and have a plan to kill everyone you meet.”

And frankly, I’d be a lot more sympathetic to some of these complaints if the other side didn’t pick some of the worst possible examples to promote.

This is one of my recent favorites:

By most indications, he was exceedingly straitlaced. He dressed well, usually wearing pullover polo shirts and tightly belted cargo pants. Once a week, he went to a barbershop to get a haircut and a manicure. He was so meticulous about keeping his house clean that he asked visitors to take off their shoes before coming inside so they wouldn’t track dirt across the carpet. “Red even had the toilet paper coming out over the top of the roll,” said Tommie Albert, an older man in the neighborhood who’d known Batiste since he was a boy. “He said it looked better than toilet paper coming out from behind the roll.”
Batiste regularly visited his aging parents to check on them. A few times a week, he went to see his girlfriend, Buchi Okoh, their eighteen-month-old daughter, and Okoh’s five-year-old son from a previous relationship. Okoh, a striking, gregarious woman in her early thirties, worked in sales at a Cadillac dealership. On occasion, Batiste would take her to a nice restaurant, but most of the time they stayed home and played with the children. Okoh told friends that her boyfriend was a budding real estate developer, buying and renovating small homes. He was a good man, she said, intelligent and ambitious. He read self-improvement books like Do You!: 12 Laws to Access the Power in You to Achieve Happiness and Success, by the hip-hop mogul Russell Simmons. He was determined to make something of himself, “to be the best person he could possibly be,” Okoh said, “building his life the right way.”

And the profile goes on. Why is Batiste being profiled in Texas Monthly?

He and his criminal gang executed multiple armored car guards to steal cash they were using to refill ATMs. Batiste allegedly stood off at some distance with a rifle and shot the drivers guards, then his partners drove up, grabbed the cash, and drove off.

I swear I wrote about the end of this story, but I can’t find it now. Briefly: HPD got a tip and ambushed Batiste and his gang. Batiste got out of his car with a rifle and shot at the HPD officers: HPD returned fire and killed him.

At a detention hearing, when asked about other robberies Batiste had carried out, Jeffrey Coughlin, a young FBI agent who had helped lead the investigation, remained cagey, declaring that the FBI “at this time” was only connecting Batiste to the two armored car robberies in March and August of 2016. However, shortly after the December shoot-out, Houston police chief Art Acevedo, who had been briefed on the FBI’s investigation, announced at a press conference that there was a “high probability” that Batiste was involved in all of the murders of Houston’s armored car messengers over the previous two years, including the shooting of Alvin Kinney, in February 2015.

TM wants you to feel sorry for this man, and his woman and children. TM apparently doesn’t want you to feel sorry for Alvin Kinney, Melvin Moore, David Guzman, or the unnamed messenger who was wounded but not killed.

Obit watch: March 21, 2018.

Wednesday, March 21st, 2018

Nelda Wells Spears, former Travis County tax assessor-collector. I remember having to write checks to her, back in the pre-Internet days…

Earl Cooley, prominent Austin SF fan, influential early BBS guy, and a personal friend.

The Mad Midnight Bomber What Bombs At Midnight. They haven’t released a name yet, but even if they did, I wouldn’t give him the publicity.

Memo from the police beat.

Saturday, March 17th, 2018

I’m a couple of days behind on these: I plead just sheer being busy.

Three APD officers have been indicted by a grand jury. Two of the officers were involved in a single indicident, and the third in a seperate one.

In the first incident, the two officers responded to a shooting downtown. A group of people were around a guy who’d been shot. Officers ordered everybody onto the ground. One guy walked away and ended up getting Tasered.

Manley said the officers were indicted because their written reports of the incident did not match up with what was captured on the officers’ body-worn cameras.“Specifically, the individual was described in the report as on his feet and walking away from the officers, and it is clear on the video that that is not what happened in this instant,” he said.

The third case involves a prostitution arrest: details on both of these cases are kind of vague. But:

“We have policies that allow our officers to use force when necessary to effect an arrest or to protect themselves or others,” Manley said, but in the cases revealed Thursday, “the supervisors who reviewed them had concerns and forwarded them up the chain, and they resulted in these investigations and ultimately with these indictments.”

Unrelated, because this took place in Williamson County: a former deputy with the WillCo sheriff’s department has been charged with punching a 12-year-old girl in the face.

A witness told police [Jack] Danford came to the restaurant and had a few beers on the patio after “drinking all day” and started playing with a dog, the affidavit says. A 12-year-old girl came up and started playing with it, too, and Danford “quickly jumped up from his seat and tackled” her, the document says.

Another witness said he heard the girl scream and ran up to see Danford punching her in the face and that he and others started punching and kicking Danford to get him off her, the affidavit says.

According to court documents, he told police as he was being arrested that he was drugged. Danford would not loosen his grip on an officer’s wrist until getting hit several times with a police baton and taken into custody, the documents say.

He’d previously been charged with resisting arrest and public intoxication. Now he gets to add “injury to a child” to his collection.

Williamson County Sheriff Robert Chody said the unusual nature of the arrest led him to fire Danford last week.
“When you reflect negatively on our department, there’s a price to pay,” he said.

Random notes, mostly legal, March 15, 2018.

Thursday, March 15th, 2018

When guns are outlawed, only outlaws will have samurai swords.

In the immortal words of Hank Williams, Jr., it’s just a family tradition.

Interesting #1:

Exonerations caused by official misconduct: 84
Well over half of the people exonerated last year were initially convicted because of official misconduct, such as officers threatening witnesses, analysts falsifying tests or officials withholding evidence that would have cleared the defendant.

No-crime exonerations: 66
In just under half of the exonerations last year, defendants were wrongfully convicted in cases in which no crime was committed. This included more than a dozen drug possession cases, 11 child sex abuse cases and nine murder cases.

On a totally unrelated note, the state of Oklahoma, where the wind comes sweeping down the plains and it’s hard to get drugs for lethal injections, has decided to start using nitrogen gas instead. (Subject to judicial approval.) I’ve seen other folks call for this as being a much more painless and humane alternative to lethal injection, but OK seems to be the closest to actually doing this.

(Yes, I know: “You know what else is a painless and humane alternative to lethal injection? Not executing people.” And yes, that seems especially relevant in light of the previous item. One of these days, I will write that essay for you guys on the death penalty and my complicated feelings about it.)

Herman Bell has been granted parole. Mr. Bell, along with Anthony Bottom and Albert Washington (members of the Black Liberation Army), executed NYPD officers Joseph A. Piagentini and Waverly M. Jones on May 21, 1971.

In a statement condemning the decision, Commissioner James P. O’Neill recalled how Mr. Bell and his co-conspirators “shot Officer Piagentini 22 times, including with his own service revolver — as the dying officer pleaded for his own life.”

Mr. Bell has been in prison for 47 years. Mr. Washington is still in prison. Mr. Bottom died in 2000.

Toys ‘R’ no longer us.

Headline:

Claire Foy, Queen on ‘The Crown,’ Was Paid Less Than Her Onscreen Husband

Body:

Mr. [Matt] Smith came to Netflix as an established actor in Britain, most notably as the titular character on the BBC staple “Doctor Who” from 2010 to 2013 — a fact that informed the producers’ decision around salary, they said at the conference.

Aside from a role in 2015 in the Golden Globe-winning BBC mini-series “Wolf Hall,” Ms. Foy, 33, was a relative unknown when she was cast in “The Crown.”

The show’s producers have promised that, from now on, “Nobody gets paid more than the queen.” Oh, by the way: they’re also recasting the show: the queen will now be played by Olivia Colman.

You know, you would think that Sorkin and company would have worked out all the permissions issues before actually trying to stage the play

Have I really been blogging this long?

Thursday, March 15th, 2018

Folks who have been reading this blog for a long time may remember Laura Hall, or, as I like to call her, “The Happy Hacker”.

For those with poor memories or who haven’t been following along, Ms. Hall is famous for such hits as “help this guy I know cut up and dispose of his girlfriend’s body” and “turn my five year sentence into ten years because I’m such a witch“.

Ms. Hall will be released from prison today.

Even though Hall was convicted in 2007, it took five years of emotional legal wrangling for a Travis County jury to sentence her to 11 years in prison. Her sentence included 10 years for the tampering with evidence conviction and one year for a charge of hindering apprehension — both were served concurrently.
She was also allowed time served, which is why she’s being released Thursday.

She’s served “almost” eight years out of her ten year sentence.

Because he got high.

Monday, December 18th, 2017

Because he got high, Ryan Boehle threatened to shoot cops.

Okay, that may be a slight exaggeration: “he planned to celebrate his 50th birthday by shooting police because he was upset about a drunken driving arrest in which his blood test came back negative for alcohol”.

Mr. Boehle was arrested. The police seized a total of 13 guns, “1,110 bullets” (sorry, I’m quoting the Statesman here) and 6.3 grams of marijuana.

Mr. Boehle was never actually charged for the threats. The judge in the case is quoted as calling his writings “marijuana-induced gibberish.” It sounds like this is one of those true threat/not a true threat sort of legal distinctions that Ken White keeps trying to explain to myself and other people, and I keep not understanding, but that’s getting off topic.

(Also, “Marijuana-Induced Gibberish” would be a great name for a band.)

But we have to throw him in jail for something, right?

(“Why?” Hey, that’s not the kind of question you should be asking.)

I know! We’ll get him for “making a false statement in connection with the attempted acquisition of a firearm”! Mr. Boehle has a misdemeanor domestic violence conviction from 1993 in Connecticut: he allegedly “slapped, choked and bit his girlfriend”. As a result of this, he apparently failed the background check at three Austin area gun shops (again, per the Statesman).

However, during pretrial litigation the charge was determined to be insufficient to prohibit gun possession.

Oh, dear. Now what is the state going to do?

Wait: there’s that devil’s lettuce they found!

With their case weakening, prosecutors held tight to the gun-and-weed charge, using it to successfully to argue that Boehle should be denied bond and kept in jail pending the resolution of the case. Characterizing Boehle as a habitual marijuana user took little effort from the government, which not only had the pot found in his home but also test results from the DWI arrest that showed the presence of the drug.

Cutting closer to the end of the story, Mr. Boehle pled out to a charge of “owning a gun as a prohibited person”. You see, pot is still federally illegal, and the law says it is illegal for a pot smoker to own guns.

The 5th U.S. Circuit Court of Appeals established the definition of an unlawful drug user who is unable to own guns in 1999, when it affirmed the conviction of a Midland man who had been arrested several times with marijuana. He argued on appeal that the law fails to establish a time frame for when a person must use a controlled substance in connection with the possession of a firearm. The court ruled that an ordinary person could determine the man was a drug user. He was sentenced to two years in prison.

This doesn’t happen a lot. The Statesman quotes one California attorney who specializes in pot law as saying he’s never seen this in 50 years of practice. On the other hand, though, the Honolulu PD famously recently sent out letters to people with medical marijuana cards: “Give up your guns, or else.” (They apparently haven’t followed through on the “or else” part yet.)

Mr. Boehle was sentenced to five years of probation, and will be drug tested as part of that. The twist at the end is: he has a form of epilepsy, and wants to use a low THC marijuana extract to treat it. But he’s going to have to get his probation terms modified to allow this treatment. Texas has only recently legalized the use of the extract to treat epilepsy (“…only after a patient has tried at least two other treatments”) so Mr. Boehle will be venturing into uncharted territory.

Fizzle.

Monday, October 23rd, 2017

Travis County prosecutors dropped all of the remaining charges against longtime state Rep. Dawnna Dukes on Monday, court filings show.

I expect longer, more detailed stories tomorrow morning. In the meantime, quoted without comment:

Travis County District Attorney Margaret Moore pinned the prosecution’s collapse on conflicting statements given by a top official in the Texas House, who told prosecutors that travel to the Capitol was required to earn the per-diem payments but recanted that position in a statement to Dukes’s lawyers.

Firings watch.

Thursday, October 19th, 2017

Tom Jurich, athletic director at Louisville, was officially fired yesterday.

He joins Rick Pitino, who was officially fired “for cause” on Monday.

Mr. Pitino, of course, denies that he knew anything about payments to athletes. Even better: he’s suing Adidas. The discovery process in that lawsuit should be interesting.

In other news, another APD officer has been fired. Interestingly, his firing was for “insubordination”: specifically, he didn’t show up for interviews with Internal Affairs.

And why was he being interviewed by IA? He’s been charged with making false statements about his wife and her eligibility to receive SSI. (Previouly.)

According to the Statesman, he and his lawyer said they wouldn’t do interviews with IA until the criminal case was resolved. The rules say: you can’t do that. You have to come in and answer IA questions, or you get canned. Whatever information IA gets can’t be used against you in a criminal case; it can only be used for internal discipline. (This is why officers are required to submit to IA questioning. This is also why some things, like officer-involved shootings, are investigated both by IA and the Special Investigations Unit: SIU handles any possible criminal aspect of the case, can seek charges if warranted, and the subject has the standard legal protections. IA investigates internally: the union contract says officers have to answer IA questions, but any information gathered can’t be used to build a criminal case.)

Anyway, IA said “this won’t be used in the criminal case”, the lawyer apparently said, “okay”, and they still didn’t show up. Twice. Which makes it “you’re fired, do not pass ‘Go’, do not collect $200” territory.

Obit watch: September 29, 2017.

Friday, September 29th, 2017

Sergeant Gary Christenberry of the Austin Police Department passed away earlier today.

Sergeant Christenberry was severely burned in an off-duty accident at his home two weeks ago: his death was a result of those injuries. He’d been on the force for 24 years.

Lady Lucan, long suffering wife of the late Lord Lucan.

This may ring a bell for some of you, as I’ve touched on the Lucan case before. Briefly: one night in November of 1974, Lord Lucan allegedly beat his children’s nanny to death, having mistaken the nanny for Lady Lucan. When Lady Lucan came downstairs to see what was going on, Lord Lucan tried to beat her to death as well. She disarmed him, he asked for a glass of water, they spoke briefly, he drove off, she ran to a nearby pub for help…

…and Lord Lucan hasn’t been seen since. Everyone seems to assume he’s dead. He’d be 82 if he was still alive, so there’s a possibility…

Noted.

Thursday, September 21st, 2017

Court paperwork filed Tuesday said an armed good Samaritan stopped an attack on a runner on a popular trail near Rainey Street last week.

Another jogger who was carrying a flashlight and a handgun heard the victim scream and ran over to help.
The affidavit said the jogger told police he shined his light in the direction of the screams and saw the victim on her back and the attacker on his left side on top of the victim.
The jogger pointed his gun at the suspect and demanded he get off the victim. The attacker stood up and was naked from the waist down, the affidavit said.

From the flaming hyenas news desk…

Wednesday, September 20th, 2017

Some of you may recall my entry the other day about the Travis County DA’s decision to suspend pursuing felony charges against State Representative Dawana Dukes.

Now we have some clarity on the reasoning behind that decision.

The guy who runs the House Business Office (which I guess is responsible for things like cutting checks for expenses and reimbursement) apparently told Ms. Dukes’s lawyers that “his office does not require a House member to travel to the Capitol building in order to receive per diem payments when the Legislature is not in session.” Illegally collecting those payments, when she wasn’t present in the Capital, was part of the case against her.

Gee, that seems like a bad screwup by the Travis County DA. Why wouldn’t they have checked on something like that before filing charges?

Answer: they did. And were told something completely different. By the same guy.

Prosecutors said they learned about Adrian’s contradictory statement when they visited with him two weeks ago to prepare for trial. In a sworn affidavit, he had told Dukes’ legal team that she did not need to be at the Capitol to qualify for reimbursement because House District 46, which she represents, is within 50 miles of the building.
Adrian said the House personnel manual did not expressly require a representative to travel to the Capitol building to receive payments. The implication is Dukes would still have been eligible for reimbursement if she was performing legislative duties from another location in Austin.

That seems like an…interesting…interpretation.

A former Dukes staffer told the Statesman last year that the lawmaker did not travel to the Capitol for all of the days that she claimed but directed her staff to prepare the forms as if she did.
Dukes, according to the grand jury indictment, did make “a false entry in a government record, and present and use said government record with knowledge of its falsity, by instructing her staff to add a false entry to her State of Texas Travel Voucher Form.”

So, basically, it seems like the argument is: it doesn’t matter, because she was close enough for government work. Good to know.

But in the meantime, the DA’s office did a new filing outlining some of the other “extraneous acts” they plan to bring up at the misdemeanor trial, which starts in October. A couple of selected high points:

According to the filing, Dukes paid an online psychic $51,348 from December 2014 to January 2016, totaling nearly $1,000 per week.

Responded to a search warrant for her cellphone by providing investigators a phone that did not match the identification number on the phone they had requested.

Was noticeably impaired while trying to perform legislative duties at the Capitol and showed up late to a House Appropriations Committee hearing on March 29, stating, “I know I’m talking a lot. I’m full of morphine and will be headed out of here soon.”

Flaming hyenas watch.

Friday, September 15th, 2017

Sorry about the delay: this news broke last night while I was downtown at the cop shop and couldn’t blog.

The Travis County district attorney will not pursue, at least for now, the most serious charges against state Rep. Dawnna Dukes, saying prosecutors have renewed their investigation into the travel vouchers at the heart of the 13 felony counts the Austin Democrat is facing.

The DA is still prosecuting two misdemeanor charges “relating to allegations of her using legislative staffers for personal gain”. The charges the DA is not pursuing at this time are felonies related to misuse of travel vouchers.

I don’t quite know what to make of this.

District Attorney Margaret Moore confirmed to the American-Statesman on Thursday that prosecutors have obtained new information relating to the vouchers, which Dukes is accused of falsifying for financial gain. But Moore declined to elaborate on what the new information is.
“The district attorney’s office recently received new, unexpected information pertinent to that case and the new information has created a need for further investigation by this office and the Texas Rangers,” Moore said.

“New information”. Is it exculpatory? It seems to me that if there was exculpatory evidence, Ms. Dukes and her legal team would have offered it in her defense a long damn time ago, as well as spreading it to every media outlet they could find.

If it’s not exculpatory, is the DA playing hardball again, trying to get her to take a plea? “Look, we’ve got new leads. We’re turning the Rangers loose again. Take a plea now, resign, and we drop charges. Otherwise, we’re going to dig up even more dirt and you can spend the next 28 years experiencing the joy of busting rocks.”

I don’t have any idea, and I don’t think anyone outside of the highest levels of the DA’s office does either. Buy popcorn futures.