Under the Texas Penal Code, speeding in a school zone is not a felony.
If this was not a felony, why did he stop her? Something stinks to high heaven here.
Posted on 10/29/2004 6:56:10 AM PDT by Dubya
EULESS - Ashley Owen White never dreamed that one day she would be pulled over and accused of speeding by the U.S. Environmental Protection Agency.
But on Oct. 21, that's what happened, leaving the 26-year-old family counselor scared and perplexed. All she wanted, she said Thursday, "was to vote early."
Euless police reports state that an EPA special agent pulled White over in the parking lot of Trinity High School. White, of Bedford, said the agent never gave her a badge number or name after he stopped her in an unmarked sports utility vehicle.
A Tarrant county prosecutor said the EPA agent had authority to stop her, but state laws appear to say different.
The incident is an internal matter, said Warren Amburn of the EPA's Criminal Investigation Division in Dallas, where the agent, Carlton Patton, works.
Patton could not be reached Thursday for comment.
White said she plans to file a complaint against the agent with Euless police.
"I was crying after Euless police arrived because I still didn't know what his intentions were at that time," White said. "I was shaking."
Patton saw White driving a BMW traveling 30 to 35 mph in a 25 mph school zone in front of Euless Junior High about 3 p.m. Oct. 21, according to Euless police reports.
In an interview Thursday, White said she wasn't speeding. She said she was on the access road heading toward the Euless Library for early voting.
At the next traffic signal, Patton pulled up beside White, waved at her and rolled down his window, reports state. He told her that she needed to slow down in the school zone. She looked away, but he got her attention again by waving, and then flashed a badge. White saw the badge but didn't get the number, she said.
White drove through the intersection, and reports say Patton followed and turned on his emergency lights. He stopped her in the parking lot of Trinity High School, the reports state.
The reports say Patton and White accused each other of refusing to provide identification.
"He finally said he was a special agent with the EPA," White said Thursday. "That's when I answered, 'And you pulled me over for what?' Patton said he was heading up a program to keep kids safe in school zones, White said.
"I had heard of people impersonating officers and then raping female victims," White said. "I kept asking him for his badge and name, and he wouldn't give it to me. I was on the phone with my husband and Dad, and they kept telling me to drive off, but I wanted to get his badge number and name."
Although she never got the badge number and name, Patton's business card was attached to police reports.
Sometime during the incident, Patton called Euless police for backup, according to reports. Two patrol officers arrived. White was allowed to leave without being issued a speeding ticket. Patton also left after talking to officers.
Euless police Lt. Steve Eskew said Thursday that the department was not investigating.
A Tarrant County prosecutor said Thursday that the EPA agent did have authority.
"His version was that there was a breach of peace because she was speeding and almost hit a vehicle," said Kurt Stallings, a Tarrant County assistant district attorney who spoke to EPA officials in Washington about the matter Thursday.
The Euless police report does not mention White nearly hitting a vehicle.
The Texas Code of Criminal Procedure defines 34 types of peace officers in the state, including police officers and deputies, who may arrest someone without a warrant if the offense is a felony or an offense against the public peace, including traffic offenses.
The code of criminal procedure also notes that criminal investigators of the United States are not peace officers of the state, but they have the power to arrest, search or seizure during a felony.
Under the Texas Penal Code, speeding in a school zone is not a felony.
He could as easily have been a security guard at a local shopping mall.
I hope (although I doubt this will happen) that both the local police and the EPA take action against this individual.
He took illegal action under the cover of authority.
Carlton Patton, a cowboy wannabe. Someone should suggest to Mr. Patton that he find a new line of work. He's obviously tripping on his "power."
Absolutely! Or her husband should have called.
I begged him to issue me a citation since I could prove that because of a bad transaxle, to car could not even do 55!
He backed down, but I should have pushed it further.
See my #28.
Could her husband have given the police a continuing report on her location?
What if he used his "badge" to get a child in his SUV. He was staking out a school. This gives me chills.
"Blowing" through the school zone at 5-10 MPH above the posted speed of 25 MPH? You have a strage defintion of "blowing."
Good question! Would like to know very much if he was armed!
Under the Texas Penal Code, speeding in a school zone is not a felony.
If this was not a felony, why did he stop her? Something stinks to high heaven here.
The EPA is the most hated agency in TEXAS, (next to IRS). don't be surprised if this guys gets his a** in a sling.
Maybe she had a smoky exhaust?
I bet I know exactly what the EPA guy was looking at. From the article:
the 26-year-old ... driving a BMW
If I were this guy's supervisor, he'd be inspecting polar bear emissions in Thule.
No.... Barney was at least sworn to uphold the laws of Mayberry... I was thinking more like Gomer Pyle... "Citizen's Arrrrrrrrrrrrest! Citizen's Arrrrrrrrrrrrest!"
Therefore all airline pilots are armed, per TSA ?
Sad to say but the EPA does not have much to do these days. Surprised it slowed enough for them to patrol school zones.
A few years back in Oklahoma City, a guy kept pulling women over and raping them. He was in an unmarked car and carried a badge, had those attachable lights. Then Governor Keating issued a statement to the women of Oklahoma, never pull over to a unmarked police car. Go to the closest police station or find a police officer. At the very least go to a very public area before pulling over. I just love Governor Keating!
Well, not yet anyway. Give 'em time. Nearly every other offense has been bumped up from misdemeanor to felony status.
Yea, the kind that doesn't get a six year old run over. I do consider 5-10 blowing. The question is, why don't you?
The sob could flash a badge all day long but I still wouldn't stop for an unmarked car. If he wanted to get a REAL policeman, fine. Let it go to jury trial. After all, even police say to not stop for someone flashing a badge in unmarked cars....there's been too many rapes and murders by people posting as cops. Also, if the guy didn't have radar, how could he prove she was speeding?
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