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San Marcos Cpl. jailed after illegally arresting pedestrian
KVUE ^ | July 16, 2013 | John Bumgardner

Posted on 07/17/2013 2:00:56 PM PDT by Altariel

SAN MARCOS, Texas -- A police officer in San Marcos is in jail after arresting a pedestrian whom police say didn’t break the law.

Corporal James Angelo Palermo, 40, conducted a traffic stop on May 29 during his midnight shift patrol near 126 S. Guadalupe Street.

According to the arrest affidavit, Palermo stopped a Toyota Prius shortly after 1:00 a.m. for driving the wrong way on a one-way street and began questioning the driver.

A pedestrian walking by was called over by Palermo and asked why she was walking by his traffic stop. He then asked for the woman’s identification.

When the woman insisted she had done nothing wrong Palermo slammed her against the Prius; then onto the concrete driveway near his patrol car.

Palermo arrested the woman for obstruction. After his supervisors reviewed his report and talked to the pedestrian she was released.

Upon further investigation supervisors found the woman had lost two teeth and suffered a concussion during the illegal arrest.

Palermo was arrested for aggravated assault by a public servant. The woman is currently being treated for her injuries and could require further surgery, according to the affidavit.

The department issued the following statement:

"Cpl. James Palermo of the San Marcos Police Department was arrested Tuesday, July 16 and charged with aggravated assault with serious bodily injury by a public servant, a first degree felony, in connection with an incident that occurred May 29 in which a woman suffered serious injuries during an arrest. Police Chief Howard Williams ordered an internal investigation on May 30.

Employed by the SMPD since 2000, Palermo has been on paid administrative leave since June 10 while the San Marcos Police Department conducted the investigation. The arrest was reviewed by the Hays County District Attorney’s Office and by a prosecutor with the Texas Attorney General’s Office.

Palermo was booked in the Hays County Law Enforcement Center Tuesday afternoon and awaits magistration."


TOPICS: Miscellaneous
KEYWORDS: assault; donutwatch; sanmarcos; texas
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To: ken5050

Well, it looks like some are even willing to defend a government employee assaulting an innocent, law-abiding woman.


21 posted on 07/17/2013 2:28:55 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

Do you suppose they’ll keep him on “paid administrative leave” until his actual trial?


22 posted on 07/17/2013 2:29:47 PM PDT by NEMDF
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To: Altariel

Wonder if they’d even defend an officer pointing a gun at a gas station attendant?

http://www.elpasotimes.com/newupdated/ci_23674364/off-duty-tucson-cop-accused-pointing-gun-at

(AP article)


23 posted on 07/17/2013 2:30:36 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

Her bio:

http://lexyalphaintro.wordpress.com/about/

College kid, committed Christian. Police and public schools seem to enjoy imprisoning children for any perceived slight.


24 posted on 07/17/2013 2:30:47 PM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: ken5050

Being a cop doesn’t even rank in the top 10 (ten) most dangerous jobs in America. So whats your problem?


25 posted on 07/17/2013 2:31:00 PM PDT by piroque ("In times of universal deceit, telling the truth becomes a revolutionary act")
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To: Altariel

What should happen is

The department mails a written apology, admitting that the cop’s actions were criminal. The woman sues the department for 52 million. She gets to visit the cop in jail and kick him in the ba11$ twice. Then spit in his face.


26 posted on 07/17/2013 2:31:45 PM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: ken5050

Why are you so quick to side with the cop here. His own supervisors released the woman immediately upon finding out what happened, his own department investigated his conduct, and his own department arrested him for aggravated assault.


27 posted on 07/17/2013 2:32:40 PM PDT by Conscience of a Conservative
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To: Altariel
 
Very similar to what happened in Temple back in May. Kid gets curious, comes in from parking lot to watch. Cops order him "back" into the store, but he didn't come from inside the store, kid tries to go back to parking lot and is attacked. Temple PD presently getting sued.
 
 
Temple Police release details in resisting arrest case
Temple Daily Telegram
Monday, June 3, 2013 11:37 pm
by Deborah McKeon
 
Two weeks after two men were arrested in connection with a theft at Walmart on May 18, Temple Police released details that may give some explanation to the resisting arrest case against 15-year-old Lorenzo Martinez at the same time and place.
 
Martinez, who was cleared of any involvement in the theft, said police broke his collarbone that Saturday night and his mother filed a complaint that is now being investigated by the Texas Rangers.
 
One reason police may have been suspicious is a Walmart loss prevention agent said one of the men got a phone call and hid stolen merchandise inside a display box before trying to leave the store, leading him to believe someone outside was watching for police, the police report said.
 
Roderick Keith Moore, 23, and Douglas Wayne Kubiak, 22, both of Bryan, were arrested around 8:43 p.m. May 18 in connection with the theft, according to the report released Monday. Both were charged with criminal mischief between $500 and $1,500 and theft between $500 and $1,500 in connection with the incident at the Walmart at 3401 S. 31st St.
 
Both men bonded out of Bell County Jail, according to jail records.
 
The May 18 police reports originally provided by Temple Police indicated that the case was active and didn’t show any arrests or provide any names.
 
According to the police report provided Monday, two men allegedly forced open a computer display case, took notebook computers and concealed them, loss prevention agents said. The agents called police and said the suspects were still in the store. They provided updates on their locations to police dispatch, according to the report.
 
Officers parked outside the store and watched the exits while receiving updates on the suspects’ locations. That was when the loss prevention agent said one of the men got a phone call and hid the merchandise inside a display box, the report said.
 
When Moore and Kubiak were leaving the store, they saw the officers coming and tried to go back in, according to the report. Loss prevention agents and officers then took them into custody.
 
The arrest report for Moore and Kubiak was logged at the same time as the arrest report for Martinez.
 
Martinez said his girlfriend was in the store and he was waiting for her outside in the car when he saw police arrive. He said he was curious, so he walked into the store’s entryway to see what was going on. When he tried to leave, officers arrested him. Martinez said they threw him to the ground and broke his collar bone. Paperwork from Scott & White showed he was diagnosed with a fractured clavicle.
 
Martinez’s mother, Elsa, filed a complaint against the Temple Police Department alleging excessive force and a false accusation of theft.
 
Temple Police would not comment on the time factor or the relationship between the cases because Martinez is a minor, department spokesman Cpl. Christopher Wilcox said.
 
However, Wilcox said in an email on May 29 that Martinez was not involved in the Walmart theft case.
 

28 posted on 07/17/2013 2:33:23 PM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
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To: ken5050
...a female could easily approach an officer with a concealed weapon..

Really? That's your defense of the cop's actions?

Many years ago, my car's battery died during a snowstorm. I was parked in a big-city parking lot at the time. So I walked up to a cop to ask him where the nearest garage was.

Under your theory, I'm lucky I didn't get a beating for approaching the officer.

29 posted on 07/17/2013 2:33:25 PM PDT by Leaning Right
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To: ken5050

Yep...walk by a traffic stop. IT makes you want to sneak up on the cop with a concealed weapon and assault his fist with your face. Good thing she wasn’t walking her poodle. She clearly weighs about 120 pounds to the porkers 180-200. Sorry, I don’t accept knocking her teeth out as an excuse for this one...


30 posted on 07/17/2013 2:34:12 PM PDT by contrarian (now that we have your attention.......)
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To: Altariel

I used to know a retired Georgia Highway Patrolman. I once asked him about exactly that kind of thing. He said he didn’t believe in acting that way but some would club you pretty fast if you didn’t say yes sir and no sir.

I remember one night we were returning from Gainesville to Troy and traveling in state cars. One of the drivers made a pretty obvious violation and a Georgia Highway Patrolman stopped him. Our head coach was riding in another car and he got out and asked the cop what was going on.

The cop glanced at him and said “get back in that car”. Our coach who often had a big mouth, said yessir and got back in the car. We all laughed and the patrolman did not give us a ticket, probably because it was a state car.


31 posted on 07/17/2013 2:34:59 PM PDT by yarddog (Romans 8: verses 38 and 39. "For I am persuaded".)
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To: Conscience of a Conservative

I’m not siding with anyone..read my post. I asked why are most here already blaming the cop. we don’t know what the circumstances were..


32 posted on 07/17/2013 2:36:47 PM PDT by ken5050 (Due to all the WH scandals, MSNBC is changing its slogan from "Lean Forward" to "BOHICA")
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To: Altariel

Hey, you don’t know what kind of gas station that was. That attendant could have had a gun in the cash register. You have no idea how dangerous it is for drunk cops to shop at 3 AM.


33 posted on 07/17/2013 2:39:30 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: Conscience of a Conservative
In the cop's defense, he did at least user her to bash a Prius.

(ducking and running)

34 posted on 07/17/2013 2:41:29 PM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: ken5050

The cop is blamed because he committed physical assault. The woman did not commit assault.


35 posted on 07/17/2013 2:44:32 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: lapsus calami
Goodness.

First story was in San Marcos, on a part of the street that is just outside the campus (I went to university there). Well lit, well traveled, students constantly walking to/from campus to get a Manske roll or something.

SPD officer back then were pretty good guys, mostly students themselves.

Now this story from Temple PD. Wow. I used to be a police officer there and that incident is weird and not at all like when I was there. We were too busy with real troublemakers and didn’t get involved in that sort of stuff. Has the chief lost control?

Times are changing. . .

36 posted on 07/17/2013 2:44:35 PM PDT by Hulka
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To: Bubba Ho-Tep

Those gas station attendants; making drunk officers act out their “I’m robbing a gas station” fantasies.

Shame on them.

</ sarc >


37 posted on 07/17/2013 2:46:13 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: 2harddrive

With a multi-million $$ settlement in few months I would smile too.


38 posted on 07/17/2013 2:47:40 PM PDT by QQQQ
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To: QQQQ

She could then afford the best dentist in Texas.


39 posted on 07/17/2013 2:48:33 PM PDT by dfwgator
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To: I want the USA back

The city should pay for her injuries, and the officer should have to pay a very tidy sum, also.

Then they should have a very formal ceremony in a controlled environment in which she (or a member of her family) punches out the tooth of his child.

He would ABSOLUTELY understand that, and learn from it.

There was a difference in power between the two, and he abused that.

Same thing.


40 posted on 07/17/2013 2:48:37 PM PDT by gaijin
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