Archive for the ‘Law’ Category

Random notes: June 21, 2011.

Tuesday, June 21st, 2011

I go out of town for a few days. I come back, and l’affair Ward is still ongoing.

Today’s update: the head of the police union is “troubled” by the dismissal of the DWI charges. And well he should be; as I noted in the previous post, there’s three possible explanations, and two of those make the cops look bad. I haven’t watched the video yet, and I’m not sure doing so would do any good. I don’t have the level of expertise needed to judge if Mr. Ward passed or failed the sobriety tests. But in any case, the union’s right on this one. The county DA owes the citizens a full and complete explanation of why the charges were dismissed, and if wrongdoing or incompetence on the part of the APD were part of the equation, Chief Acevedo needs to address those issues.

In other news from the Statesman, their editorial board would like for us to know that guns are making their way across the border illegally. The editorial is devoted to lobbying for a plan to have Texas DPS set up checkpoints to stop “illegal weapons trafficking”. There are plenty of interesting questions that this editorial ignores:

  • “The weapon used to kill U.S. Immigration and Customs Enforcement agent Jaime Jorge Zapata in February made its way south to Mexico from Dallas. Though the gun was legally purchased, it was smuggled into Mexico, where legal possession of firearms is restricted.” I’m trying to dig up more information on Officer Zapata’s killing, but what I’ve found so far is that he was killed by the Zeta cartel. So is the Statesman stating that US citizens who are Zeta cartel members are legally buying weapons in Dallas? Or are they having other people buy weapons for them in Dallas? That would be an illegal “straw man” purchase. And if Officer Zapata was shot with an actual “AK-47”, as I’ve seen in some reports, it is highly improbable that was purchased in Dallas.
  • Why do we need to use scarce Texas DPS resources to set up random checkpoints for weapons near the border? Why aren’t the existing checkpoints at the border working?
  • It is curious that the Statesman manages to write an entire editorial about illegal traffic of guns to Mexico without mentioning “Operation Gunwalker“.
  • “”According to CNN … over 70 percent of the 29,284 firearms recovered from crime scenes in Mexico in 2009 and 2010 were traced to the United States.” As we’ve discussed previously, is that 70% of the total firearms, or 70% of the total firearms submitted for tracing? If you dig deeper into these reports, a large percentage of firearms recovered aren’t submitted for tracing in the first place, because they can’t be traced, because they don’t have identifying markings, because they’re coming from South America or other countries.

I’ve just started listening to this week’s Vicious Circle podcast. (Warning: Vicious Circle is frequently not safe for work. Or basic human decency.) My great and good friend Weer’d Beard, among other folks, has some excellent points. What makes more sense? Cartel members are coming across the border to Houston, Dallas, and other Texas cities, paying $600 each across the counter for truckloads of WASR-10s and other semi-automatic AK-47 clones? And then they’re smuggling those clones back across the border, where they’re converted to full-auto and supplied to the cartels? Or the cartels are using weapons diverted from the Mexican army, and the reason those weapons trace back to the US is that we sold them to the Mexican army in the first place?

As Weer’d notes, it doesn’t take a lot to get folks to defect from the Mexican army; hell, the cartels are putting up “help wanted” signs, promising potential defectors that they won’t have to eat ramen. And somehow Mexico believes that the US is responsible for their lawless society?

I haven’t heard anyone ask the key question, especially in light of “Operation Gunwalker”: why does the BATFE continue to exist? Seriously, why do we need this agency? The tax collection functions can be handled by the Treasury Department, as purely administrative issues. The law enforcement portion of BATFE’s mandate could easily be taken over by the FBI, and BATFE’s budget freed up for something more productive; perhaps providing free ukulele picks to the poor, to steal a memorable line from Roger Ebert.

Edited to add 6/22: Well, this is interesting as all get out. Dave Hardy over at “Arms and the Law” has a link to the PDF of a letter sent by Senator Grassley to acting BATFE director Melson. Nut graph:

The most noteworthy portion of the information is that nearly 78% of firearms traced in 2009 and 66% of firearms traced in 2010 were assigned to a catchall category “No Final Sale Dealer” which means the firearms did not trace back to a United States FFL.

Also interesting:

Data indicates that the top source dealer for illegal firearms traced in Mexico for 2009 was “Direccion General De Industria Milita” or the Directorate General of Military Industry in Mexico. They provided 120 firearms that were later traced back, likely after a crime. Why does this entity have a U.S. Federal Firearms License? Are sales to this and other foreign entities with U.S. FFL’s included in the numbers the ATF provided as being a gun from a “U.S. Source”. If so, why?

On the road again…

Thursday, June 16th, 2011

Yesterday was a travel day: I’m in an undisclosed location, doing stuff I can’t talk about right now. Blogging is uncertain; it depends on schedules and what-not.

However, I did want to note the following:

We’re going down the rabbit hole here, people.

Monday, June 13th, 2011

Jeff Ward hosts a popular talk show in the afternoons on one of our AM radio stations. I was a pretty regular listener to Mr. Ward’s show for a while (until the AM radio in my car stopped working).

Jeff Ward was also arrested Thursday night and charged with DWI.

Mr. Ward allegedly failed a field sobriety test. It’s not clear if he had blood drawn or was given a breath test, like the 37 people who were arrested on Friday or Saturday night during “no refusal” weekend.

But here’s what makes the story blog worthy, in my opinion. Today, the Travis County DA announced he’s dropping the charges against Jeff Ward.

“Based on their internal review, APD expressed concerns about significant weaknesses in the arrest, specifically whether probable cause existed to file a DWI charge,” Escamilla said in a statement today. “After our review of the evidence, including the officer’s in-car video, we confirmed to APD that there was not sufficient evidence to support a DWI charge. Therefore, the Travis County attorneys office will take no further action.”

Either the APD falsely arrested an innocent citizen, they arrested a citizen who was guilty but botched the arrest so badly that the DA didn’t feel like the case was prosecutable, or they dropped a DWI charge against a prominent local citizen for political reasons. There’s no way to spin this so it looks good.

Edited to add 6/14: Second day coverage in the Statesman.

Interesting points:

  • He failed a field sobriety test, but refused to take a Breathalyzer. The no-refusal weekend started Friday according to previous Statesman coverage.
  • He called Police Chief Acevedo at least twice; once during the arrest, and once from jail.
  • Mr. Ward says he had the standard “two beers” (police will tell you that everyone ever arrested for drunk driving had “two beers”) over a four hour period, and was originally stopped for doing 10 MPH over the speed limit.

Cops gone wild!

Saturday, June 4th, 2011

I don’t know why, but stories about cops committing particularly horrific crimes make me even more angry than I have any rational justification for. I’ve mentioned Antoinette Frank several times before; she’s a perfect example of the kind of thing I’m talking about, and I hope they get around to sticking a needle in her arm soon. I’m hoping for the same thing for the cops involved in the Danziger Bridge shootings, too.

But let’s move away from New Orleans for a moment. Let’s move to the north, and start with the DC area.

Richmond Phillips had a problem. He was accused of fathering a child with a 20-year old woman, and was scheduled to be in court last Tuesday for a hearing on paternity and child support. Phillips worked vice for the DC police, and he already had a wife and a 12-year old daughter.

What to do, what to do? Well, if you’re Phillips, you meet your baby mama in the park the day before the hearing, shoot her in the head, hide the body, load your baby up into baby mama’s car, drive the car away, abandon it, and leave your baby inside.

When an officer found the car Thursday, after the scorching midweek heat, the baby was dead. As police awaited autopsy results Friday, they said she might have died from the extreme heat in the car. Her body showed no clear signs of trauma. The car has tinted windows, one official said, so passersby were unlikely to notice the baby inside.

Let me repeat that. He killed the mother, and left a one-year old baby to die in a hot car.

I checked. Maryland does still have the death penalty, though it appears to be used rather sparingly (five executions since 1976, and five current death row inmates). Of course, Phillips is entitled to the presumption of innocence (though it seems like they already have a strong circumstantial case against him), but let’s hope the prosecutors don’t let this chicken shit asshole plea bargain down to life without parole.

There’s another recent incident that I’ve been meaning to note. Over the Memorial Day weekend, a sheriff’s deputy in Franklin County, Virginia, shot and killed his ex-wife, then led other police officers on an hour-long chase that climaxed in a shootout on I-81. This actually would not have come to my attention except that the shootout and resulting investigation backed up traffic for miles on the interstate: Sebastian from Snowflakes in Hell got caught up in the mess and blogged about it.

In addition to the cop gone bad angle, Franklin County is in the area around Roanoke, Lynchburg, and Bedford; my family has lived in that general area from time to time, so there’s a local angle to the story for us. The other interesting aspect to this story is the role of the rogue deputy’s department in the whole affair. Here’s the original Roanoke.com story on the shooting. Jake at Curses! Foiled Again! has been linking to the followup coverage: the sheriff’s phone call to the local police, holes in the timeline, and Jake’s first post, pointing out that the shooter had previous disciplinary issues but was still on the job.

According to today’s reporting, the sheriff apparently told a dispatcher “not to mention anything” about the deputy’s threats to kill his ex-wife. It’s looking more and more like the sheriff knew his guy was rogue, but thought he could calm the situation down and avoid public embarrassment. It’s also looking more and more like the embarrassment of having one of your guys taken off the street doesn’t compare to the embarrassment of having your guy shoot several people, and having the local citizens demand your resignation.

Obit watch: June 3, 2011.

Friday, June 3rd, 2011

I’m really sorry, but I don’t have a damn thing to say about Jack Kevorkian. Not even snark.

I also can’t say much about James Arness. I want to say I’m a little too young for “Gunsmoke”, but it ran until 1975, when I would have been 10. I can’t understand why I don’t have any memories of it. It may have been something my family didn’t watch, but if so, I don’t recall why.

Elmer “Geronimo” Pratt has also died, and that’s kind of an interesting story. Pratt was a Black Panther leader who was convicted of murder in 1972. His conviction was overturned in 1997; the judge ruled that the prosecutors at Pratt’s murder trial had hidden evidence that could have pointed to Pratt’s innocence. (“Pratt maintained that the FBI knew he was innocent because the agency had him under surveillance in Oakland when the slaying was committed in Santa Monica.”) Pratt later settled a lawsuit over his conviction for $4.5 million.

Finally, by way of Popehat: Joel Rosenberg, author and firearms rights advocate, died yesterday. Condolences to his family.

Quirks.

Wednesday, June 1st, 2011

Bruce Malkenhorst was convicted of misuse of public funds last week.

As part of Malkenhorst’s plea, he got three years of probation, as much as $35,000 in fines and penalties, and he must pay Vernon back $60,000 in restitution.

Keep those numbers in mind.

Mr. Malkenhorst was the city administrator for the corrupt city government of Vernon, California, a city government so corrupt that the state legislature is trying to disincorporate the city.

However, Mr. Malkenhorst, as city administrator, is not an elected official.

Why does that matter?

Mr. Malkenhorst, as a non-elected official, gets to keep his retirement pension. California law only allows for the revocation of pensions for elected officials.

Did I say “retirement pension”? I meant, “his $500,000 a year retirement pension“.

He pays about $100,000 in fines and restitution, gets three years of probation, and still comes out $400,000 ahead just in the first year.

Nice work if you can get it.

Time to do the happy dance!

Saturday, May 28th, 2011

I received an email from the Texas State Rifle Association fairly late in the day yesterday.

Senate Bill 321, aka “the guns in parking lots” bill, has passed both houses of the Legislature, and is on the way to the Governor’s desk for signature.

I haven’t been able to find much press reporting about this. According to the TSRA email, there are some limited exemptions involving people servicing oil and gas wells on leased property, and school district employees. Also, according to TSRA, people in the petro-chemical industry have to have a CHL, but are allowed to keep rifles and shotguns, as well as handguns, in their vehicles.

Everyone else, including those employed by college campuses, can now keep a firearm and ammunition out of sight in a locked personal vehicle.

I am both delighted and eager to see how this plays out. Well done, TSRA. Well done.

Darn it.

Saturday, May 28th, 2011

Apparently, I’m not getting invitations to the right kind of weddings.

(Seriously, I wanted to link to this post because it is excellent advice from Ken, and not the kind of advice that can be easily summarized as “Shut the hell up.“)

Books in brief: Boomtown DA

Friday, May 27th, 2011

The population of Houston, Texas in 1960 was 1,364,569. By 1980 the population was 2,754,304, or slightly more than doubled in twenty years.

A reasonable argument can be made that the period from 1960 to 1980 marks the end of the Texas frontier era, and the beginning of the modern Texas era. My family moved to the Houston area fairly late in that period. I remember reading the daily newspaper (we were a Chron family), and it seemed that there were giants in the earth in those days. Carol Vance was one of them. Boomtown DA is his story.

(more…)

Public service announcement.

Thursday, May 26th, 2011

Since this weekend is a national drinking holiday, the Austin Police Department would like for you to know that it’s perfectly okay for you to get totally trashed on booze and then drive and/or boat.

Can someone explain to me why you’d ever purchase a personal watercraft, at least if you live in Austin? It seems that personal watercraft are banned on the lakes every single damn holiday: if you do own one, when can you use it?

Ah, what the heck, I’ve been meaning to link this for a while, and the national drinking holiday makes it relevant: bonus Negroni related content just for Glen. I may have to pick up a bottle of Campari and some sweet vermouth this weekend.

Your May 25, 2011 bulletin from the Department of WTF?!

Wednesday, May 25th, 2011

This by way of FARK: I’m breaking with policy because…it’s just so mind-croggling.

Since 2006, Alvarado’s supervisors at the Northside Independent School District Police Department had reprimanded or counseled him on at least 12 occasions — six for not following orders. In other cases, Alvarado failed to show up for assignments, and his bosses appeared to suspect him of lying.

Alvarado was suspended at least four times, and his supervisors warned of impending termination four times — once even recommending it.

Four suspensions. Six incidents of insubordination.

In two separate cases, Alvarado was suspended for collecting evidence that disappeared, including an MP3 player and fingerprint cards.

Where is this going? Back in November, Officer Alvarado once again disregarded the orders of a supervisor and went chasing after a suspect: a 14-year old boy who punched a classmate in the face. Officer Alvarado ended up shooting the unarmed 14-year old.

The San Antonio Police Department has ruled the case a justified shooting. The Bexar County district attorney’s office still is investigating.

And there are parts of his story that don’t add up:

“The suspect bull rushed his way out of the shed and lunged right at me,” Alvarado wrote. “The suspect was literally inches away from me, and I feared for my safety.”

Tracing the bullet’s path into the boy’s chest as it ricocheted off the pancreas, colon, right liver and left kidney and exited the stomach, an autopsy report notes a lack of gunpowder on Lopez’s bloodstained T-shirt.

“There is no evidence of close range firing of the wound,” the report concludes.

Quotes of the day.

Wednesday, May 25th, 2011

One serious, one not so serious, both from Boomtown DA by Carol S. Vance.

(Background for young people and non-Texans: Vance was the District Attorney for Harris County from 1966 – 1979. More than likely, there will be a longer post about this book once I finish it.)

It is the duty of the district attorney in Harris County, Texas (Houston included) to represent the State of Texas in all serious criminal cases. That includes the misdemeanors carrying jail time which are tried in our County Criminal Courts at Law and the felonies tried in our District Courts.

It is the duty of the district attorney not just to convict but to see that justice is done. [Emphasis added. -DB]

The “Claude” in the next quote is Claude Langston, who was an investigator for the D.A.’s office. As Vance puts it, “Thirty years in the homicide division gave Claude a nose for finding witnesses and good barbecue.” (“Orange” refers to the glass bottled soda, not the fruit itself.)

Claude often said, “You know, even sittin’ outside in August in ninety-nine degrees isn’t so bad if a man has some good barbecue and a large orange. That’s just part of a good homicide case.”

The saga of Maurice Pierce.

Monday, May 23rd, 2011

The long-awaited Statesman profile of Maurice Pierce finally ran on Sunday.

My feeling is that the Statesman glosses over a few things. Yes, Pierce may not have been guilty of the murders, but what was a 16-year-old doing carrying a pistol at the mall?

And why did Pierce react so violently to traffic stops? He was arrested in 2006 for not paying three minor traffic tickets issued in 2003, he punched someone in a traffic altercation in 2007 (and was fined $200 on a disorderly conduct charge), he got into an altercation with a cop in Plano after being pulled over for doing 70 in a 40 (this led to charges of aggravated assault on a public servant and evading arrest), and the final incident that led to his death started as a traffic stop for running a stop sign.

“Maurice stated that he hates cops and that he did not want to go to prison,” the report said.

With the possible exception of the Plano incident, which Pierce escalated, nothing on his rap sheet would have led to prison.

So what was his major malfunction?

Random notes: May 19, 2011.

Thursday, May 19th, 2011

Things have been kind of slow the past couple of days. Please accept this random collection of crap in lieu of actual content.

Today’s update from our “the street finds its own uses for things” file: “Mexican organized crime groups are using ultralight aircraft to drop marijuana bundles in agricultural fields and desert scrub across the U.S. border.”

Speaking of Neuromancer, there’s more talk about it finally becoming a film, with Vincenzo Natali (“Splice”) directing. I’ll believe it when I see it.

Back at the ranch, the City of Austin

…must retest more than 2,000 firefighter applicants amid concerns that some of them could have obtained confidential questions that they were asked in oral interviews.

I’m a little surprised that they had over 2,000 applicants in this most recent batch. I’m also wondering exactly what those questions were…

I also wanted to touch briefly on our fun city council elections. Yes, we had city council elections last weekend. Three seats (out of a total of six) were up this year. Two of those seats were retained by the incumbents (Chris Riley in place 1, and Laura Morrison in place 4) by pretty large percentages (66 and 73 percent of the votes, respectively.)

Place 3 is held by Randi Shade, who is finishing up her first term on the city council. Shade was initially a favorite to win re-election, but there was a controversy over some emails she sent, one thing led to another…and Shade got her butt kicked, badly, finishing second in a four-way race. Shade just barely managed to get into a runoff with the first-place candiate, Kathie Tovo; Tovo pulled in 46 percent of the vote, and it seems unlikely that the supporters of the other two candidates (former city council member Max Nofziger and Kris Bailey) are going to throw their votes to Shade.

(Tovo was also endorsed by the local alternative weekly; the way I read their endorsement, though, it was a close decision between Tovo and Shade. I’ve been unable to find endorsements from the last election on the alt-weekly’s crummy web site, so I don’t know if they endorsed Shade last time around.)

Tovo’s supporters are already calling on Shade to concede and spare everyone the cost of a runoff. Shade’s response? She’s filed an ethics complaint against Tovo. I’m looking forward to watching this one play out. Note to self: vote early.

This just in: remember the SWAT officer who flipped his cop car and was charged with drunk driving? Yeah, he’s out, pending the decision of the arbitrator. Our buddy Art also suspended six other cops who were supposedly at the party with him. Unclear from the current Statesman article is what the grounds for suspension were, or how long the suspensions were for.

Edited to add 5/20: Here’s a better Statesman article with more details on who was suspended for how long and why.

Chutzpah.

Wednesday, May 18th, 2011

The classic definition is, of course, the guy who murders his parents and then asks the court for mercy because he’s an orphan.

I think we may have a new one: the Fiesta Bowl wants their illegal campaign contributions refunded.