Posted on 08/28/2002 1:02:00 PM PDT by Dog Gone
The raid happened Aug. 19 in the parking lot of a Kmart department store, located in the 8400 block of Westheimer Road, in southwest Houston.
HPD officials had previously said that it conducted the crackdown in response to numerous complaints from citizens and previous police surveillance regarding street racing and large crowds forming in the area.
Police said that these crowds impeded the access to and from businesses and that as a result of the operation 278 people were arrested with the majority being charged with criminal trespass.
"Zero tolerance does not override the need for probable cause to issue citations or to make arrests, nor does it mean to arrest everyone in sight," Bradford said.
Bradford answered some tough questions Wednesday for more than two hours by some members of the City Council.
He admitted that the parking lot raid arrests may be illegal, if people were never told they were trespassing and given a chance to leave.
Bradford said that if that's true, then he wonders why his officers followed an illegal order to arrest everyone.
"No officer in the Houston Police Department has ever been cited with insubordination or any other offense for their refusal to obey an unlawful order nor will they be on my watch," Bradford said.
Councilman Mark Ellis and others said that they wondered why no one blew the whistle before this raid, because a smaller sweep was done the night before at a James Coney Island eatery in which 25 people were arrested.
"Friday night, I didn't know. A chief in charge of the department didn't know, because no one reported it in a significant event report that it had occurred," Bradford said. "So, therefore, there was not that opportunity to intervene before the next night occurred."
The city attorney told the council that if an internal affairs investigation reveals that the arrests were illegal, the city will dismiss all of the charges against all of the people and even overturn the convictions for those who pleaded guilty to get out of jail.
Thirteen officers have been suspended in the wake of the raid, including the officer in charge of the operation, Capt. Mike Aguirre.
One of those people arrested has filed a $100 million lawsuit against the city, accusing Aguirre and the city of falsely arresting him for "attempted trespass."
Nobody here asked for anything other than to get to the bottom of this and make it right. If it turns out the pols take over control of police, the police are to blame for that, not the people.
The police messed up.
At this level charges dropped (or filed) have little if anything to do with violations or no violations.
You asked for it -- direct control from politicos over the police.
Too funny, tallhappy, too funny! That thar captain and them thar cops din't do no wrong, it was all them lyin' kids and them crooked politicos what was the bad guys.
Thanks! You have given me the best laugh I have had all day.
Maybe Chief Aguirre will get real lucky and draw a jury with folks like you on it. He will have to if he wants to stay out of jail.
But then again, this case is going to be tried in Texas -- not Crazyfornia or Flori-DUH, where so many of the reality deniers on this thread seem to come from.
Inviting them in whether you know it or not.
I've learned a lot from these threads. But if I said what I'd learned I'd be accused of hurling insults.
Have a nice day my good friend and esteemed fellow freeper.
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