Posted on 08/21/2002 9:34:08 PM PDT by niki
Raid at hot dog joint preceded Kmart bust
By ROMA KHANNA
Houston police Capt. Mark Aguirre, the man who ordered the arrests of 278 people at a westside Kmart last weekend, prodded a local restaurant to allow his officers to conduct a similar raid of its parking lot Saturday in a sting that netted 25 arrests.
Officials with the James Coney Island at 5745 Westheimer said they felt used after police swept in and arrested 25 people, some of whom were customers, for criminal trespass.
"We were cooperative with the idea (of the raid), but are not necessarily happy with the execution," said Darrin Straughan, a vice president with the restaurant chain. "We are victims here, too. We never imagined that this is the way it would be handled or that legitimate customers would be arrested."
Straughan said Aguirre approached the company two weeks ago and told restaurant officials that illegal drag racing along Westheimer had caused several fatal accidents and prompted neighborhood complaints. Aguirre asked the company to post four no-trespassing signs in the parking lot and to sign paperwork allowing police to make the arrests on the restaurant's property.
Company officials went along with Aguirre's plan, Straughan said, thinking their actions would be part of a subdued enforcement of city trespassing ordinances.
Instead, a swarm of officers backed by a police helicopter descended on the restaurant about 1:15 a.m. Saturday, rounding up customers and other people gathered in the parking lot. Police said the arrests continued until 4:30 a.m.
Most of those arrested, Straughan said, were among a group of motorcyclists that has gathered at the restaurant every weekend for nine years without problems.
Monica Coello, 36, was finishing a meal in the parking lot with her brother, sister, sister-in-law and 2-year-old niece when she was arrested.
"We were almost ready to leave when all the patrol cars came in and started blocking the entrances and exits," Coello said. "I wanted to lock my car, and they would not let me. They told me to shut up and walk to the back."
Coello's sister-in-law and niece were left behind, stranded. Police took Coello, her brother and sister to jail. Eventually, their mother shelled out $900 in bail, and the three siblings were freed.
Coello says she intends to sue the city.
"I don't see how they can call it trespassing when we were eating at the restaurant," she said. "We kept trying to explain that to police but they would not let us."
Coello's complaint is similar to that of dozens, if not hundreds, of people arrested at a Kmart and Sonic Drive-In in the 8400 block of Westheimer just after midnight Sunday.
In that incident, dozens of police -- led by Aguirre and again targeting illegal drag racing -- raided the businesses' parking lots about 12:30 a.m. Several officers said that when no evidence of drag racing was found, Aguirre ordered the arrests of the 278 people gathered there.
Those arrests prompted complaints that police failed to discriminate between loitering teens and legitimate customers when making arrests.
Straughan said James Coney Island has received about 50 customer complaints about the arrests, and the company believes that the police violated their agreement with the restaurant.
"We signed a trespass affidavit that said `James Coney Island requests on our behalf that the Houston Police Department requests all persons who are not patrons in the normal course of business to immediately leave the property or be arrested,' " Straughan said, quoting the agreement.
But no one had the opportunity to "immediately leave," Straughan said.
"From what we have learned, nobody that HPD arrested was asked whether they were there as a customer," he said. The police "just showed up, blocked off entrances, and arrested everybody."
Straughan declined to comment on Aguirre, but he said the company plans to file a complaint with the Police Department. Officials with Kmart did not respond to calls for comment.
Police spokesman Robert Hurst said Wednesday that he couldn't speak about Straughan's concerns because police are investigating Sunday's arrests in the Kmart parking lot. Hurst declined to say whether the incidents at James Coney Island would be part of that investigation.
As police and the district attorney's office attempt to sort out Sunday's mass arrests at Kmart and Sonic Drive-In, local defense lawyers say such raids are "arrest them first and ask questions later" situations that leave room for many legal challenges.
Lawyers questioned whether the no-trespassing signs posted before the arrests are sufficient warning for a criminal trespassing arrest.
"When you have got 400 kids in a parking lot, signs are obscured," said Chip Lewis, a Houston defense lawyer. "The best notice would have been to give them formal citations. There was no reason for this to come to this many arrests."
Citations would have provided adequate warning that arrests could follow, said lawyer Anthony Osso.
"It is extremely indicative of the mentality of whoever was in charge that when they had the option of giving a citation in lieu of arresting someone, they chose to make arrests," Osso said. "Those arrests were unnecessary."
Several lawyers interviewed Wednesday said those who pleaded guilty after their arrests Sunday can request a trial, arguing that their pleas were made under duress. Many of those who pleaded guilty, some of whom were teenagers, said they did so to avoid spending another night in jail.
"They were still under the shock that many of them were arrested without just cause," said Osso. "If you have never been in trouble before, and you believe the police are there to protect you, you will plead if they say you can get out."
Members of City Council said Wednesday that they had received many e-mails and phone calls regarding the weekend arrests and that the public seems outraged about the operation.
"You have young kids whose lives are now forever marked by having been arrested for criminal trespassing ... in what seems like it wasn't an appropriate endeavor," said Councilman Gabriel Vasquez.
Councilman Gordon Quan said he was worried about young people having to report the arrests when applying to college or for jobs.
"We could have resolved this with citations more easily," Quan said. "I'd like to see if there's any way that possibly can be changed."
Mayor Lee Brown said he has asked the city's Office of Inspector General to speed up its investigation.
"They are looking at all aspects of what happened that night," Brown said. "There are still a lot of questions."
Then they can engage in foot chases on racers.
They civil courts need to slap the donut eaters down hard.
They said this guy has been a pain in the rump for years, and his tyranical behavior finally got the best of him.
This is police state public mistreatment at its best. The people of Houston are outraged, and heads will roll down at the police station. Its expected that the mayor, NO GOOD FOR NUTHIN DOWN TOWN LEE P. BROWN will start a propaganda campaign against Houston police Capt. Mark Aguirre so that the political heat will be deflected away from City Hall.
Yet, the Mayors office is where the ultimate authority remains, and if the police rip up the Constitution, the mayor has to take the heat.
There is stupidity.
This qualifies as both.
What really rubs me the wrong way - there were alot of officers there that night. Were they "just following orders?" Did any of them speak up? Something doesn't seem right.
"May I see your papers please?" will be the next question to come out of some black suited jack booted thug at the local hot dog restaurant.
Makes me sick. Our founding fathers would freak over crap like this.
Did you read that a mom was passing through the Coney Island drive thru when the police took her out of her car, impounded her baby with some agency, and placed her in jail for hours while cuffed?
All she did was stop in for some food at the Coney Island, and when she explained that to the police, they arrested her and took her child away from her, anyway.
Horrible, Evil, and Dangerous activities by out of countrol officials. All policemen involved in the actual arrest should be removed from the force. No questoins asked.
RAID ON KMART PARKING LOT (HOUSTON) LEAVES SHOCK, ANGER
Raid on Kmart lot leaves shock, anger( America PoliceState in the Making)
I'm glad to hear that but I think he needs to go to jail. Also, all his arrest cases need to be reviewed.
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