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Signs point to more questions--trespassing placards bought on eve of KMart raid
Houston Chronicle ^ | September 13, 2002 | KRISTEN MACK

Posted on 09/13/2002 7:58:36 AM PDT by Dog Gone

A Houston police officer paid for "no trespassing" signs with his city credit card the day before a weekend of mass arrest, the city controller confirmed Thursday.

Dilip Patel, budget coordinator for the Houston Police Department's South Central division, purchased $256.50 worth of signs on Aug. 15, coinciding with police raids of a westside Kmart, Sonic Drive-In and James Coney Island parking lots. Nearly 300 people were arrested for trespassing in early morning raids on Aug. 17 and 18.

"It appears that the timing of the purchase raises a few eyebrows," said City Controller Sylvia Garcia.

Councilwoman Ada Edwards sent a letter to Garcia's office Wednesday asking her to look into the purchase after council members received an anonymous call from a police officer alerting them that the police paid for the signs.

The caller said Capt. Mark Aguirre ordered Patel to get 50 signs. Patel works in the South Central patrol division where Aguirre served as captain before he was suspended in connect with the arrests.

Buying the signs is legal, but posting them on private property is not, because city funds cannot be spent for private use, city officials said.

"I don't think the city of Houston should purchase `no trespassing' signs to be placed on anything but city of Houston property," Garcia said.

"If they went on private property, I would have concerns, and I think the taxpayers would have concerns."

Garcia said her office will continue to look into the matter to determine if there was a violation of city policy or procedure.

John Leggio, a Houston Police Department spokesman, said the purchase and placement of signs is part the department's internal affairs investigation and, therefore, he could not comment.

"If it happened, it isn't kosher," Edwards said. "This is targeting a group of people and setting them up for criminalized behavior."

Who bought the signs is secondary to the fact that the order was made, according to Councilman Bruce Tatro.

"The people in the chain of command should not be condemned or held officially accountable," he said. "It should fall hard on Aguirre's shoulders."

Police officers targeting drag racing along Westheimer rounded up 298 people and arrested them for trespassing during the August raids. Those charges are in the process of being dismissed. The city attorney's office said those who have already pleaded guilty can request that their convictions be set aside.

Aguirre, a 23-year HPD veteran, is one of the 13 officers suspended in connection with the raids.


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: Texas
KEYWORDS: kmartraid
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1 posted on 09/13/2002 7:58:36 AM PDT by Dog Gone
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To: Dog Gone; Orual; aculeus; general_re; BlueLancer; Poohbah; swarthyguy
Dilip Patel, budget coordinator for the Houston Police Department's South Central division . . .

Gujaratis generally have better business sense.

"I am sorry, Captain Aguirre sahib, but this sort of transaction should *not* be going on credit card."

2 posted on 09/13/2002 8:17:27 AM PDT by dighton
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To: Thud; Arkinsaw; neutrino; Spirited; Fixit; FITZ; sweetliberty; freebilly; Dec31,1999; ...
"If it happened, it isn't kosher," Edwards said. "This is targeting a group of people and setting them up for criminalized behavior."

Understatement of the year ping.

3 posted on 09/13/2002 8:25:49 AM PDT by Dog Gone
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To: Dog Gone
It will be interesting to see when they posted the signs. -Before, during or after the raid.
4 posted on 09/13/2002 8:40:32 AM PDT by niki
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To: niki
The answer is probably 'before, during, and after'.
5 posted on 09/13/2002 8:45:41 AM PDT by flashbunny
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To: Dog Gone
Whoops!
6 posted on 09/13/2002 8:45:49 AM PDT by Damocles
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To: Dog Gone
Hmmmm. . . . sounds like criminal conspiracy to me. Wonder what the Amen Corner has to say about that.
7 posted on 09/13/2002 9:19:19 AM PDT by No Truce With Kings
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To: No Truce With Kings
In an ironic twist I now have to admit that there were lawbreakers on that parking lot that night.

They were wearing uniforms.

8 posted on 09/13/2002 9:33:21 AM PDT by Dog Gone
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To: Dog Gone
So, the HPD is guilty of conspiracy, vandalism, and entrapment?
9 posted on 09/13/2002 9:37:27 AM PDT by PatrioticAmerican
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To: PatrioticAmerican
Not to mention several civil rights violations, criminal oppression, and being complete morons...
10 posted on 09/13/2002 9:39:33 AM PDT by Dog Gone
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To: No Truce With Kings
Sounds like Corruption.
11 posted on 09/13/2002 9:46:58 AM PDT by FreedomFriend
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To: No Truce With Kings
Wonder what the Amen Corner has to say about that?

>Crickets chirping. . .<

12 posted on 09/13/2002 9:56:00 AM PDT by No Truce With Kings
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To: Dog Gone
"The people in the chain of command should not be condemned or held officially accountable," he said. "It should fall hard on Aguirre's shoulders."

BULLSHIT! Every one that was present from the Police Dept. in that raid should be held accountable. THEN and ONLY THEN will the Everybody does it Defense STOP.

They are Officers sworn to Uphold the LAW and protect the Citizens from this kind of activity. NOT follow illegal commands from the likes of the Third Reich.

13 posted on 09/13/2002 10:08:56 AM PDT by Area51
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To: Dog Gone; Dark Wing
This shows premeditation, as I said before. The police anticipated that KMart wouldn't cooperate by posting its own signs, and needed the signs to justify the arrests. I.e., the police went in there intending to arrest people on trespassing charges which the police knew in advance were false. Not all of the police, but certainly more than Aguirre.

Which means a criminal conspiracy by police brass.

14 posted on 09/13/2002 10:11:16 AM PDT by Thud
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To: dighton
You've got a point, but I've never heard of a Patel LEO either.
15 posted on 09/13/2002 10:47:06 AM PDT by stands2reason
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To: Dog Gone
Prima facie evidence of misuse of public funds and no arrest? It that a weeeee bit more serious than hanging out in the K-mart parking lot?
16 posted on 09/13/2002 12:50:00 PM PDT by eno_
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To: eno_
I think it's a sure bet that Captain Aguirre will be spending more time behind bars for what happened that night than all those he arrested combined.
17 posted on 09/13/2002 1:28:04 PM PDT by Dog Gone
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To: Dog Gone
Buying the signs is legal, but posting them on private property is not, because city funds cannot be spent for private use, city officials said.

Actually, the issue isn't use of funds; it's the authority (or lack thereof) to post the signs, period.

There are some circumstances in which it would be appropriate for police to post a "no tresspassing" sign on private property. If, for example, it was necessary for the city to cordon off a section of the property for sewer or other utility work, such a section of property could quite reasonable be marked with such signs for the duration of the necessary work.

Absent such exigency, however, it would be inappropriate for any police or government agent to post a "No trespassing" on private property without the permission of the owner, regardless of who paid for the sign. While the purchase of the sign may be a smoking gun that demonstrates premeditated misconduct on the raid, the issue of financial accountability seems pretty minor by comparison, especially if the signs were returned to city police inventory to allow them to be used on the next raid.

18 posted on 09/13/2002 3:53:38 PM PDT by supercat
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To: supercat
Everything you said is true, but it's extremely important to the investigation regarding police misconduct as to who decided to buy these signs. It's clear that they were purchased for the operation, and if it can be traced to Captain Aguirre, WHICH IT WILL, then it will only further increase his culpability in several conspiracy charges.
19 posted on 09/13/2002 4:00:53 PM PDT by Dog Gone
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To: Dog Gone
Everything you said is true, but it's extremely important to the investigation regarding police misconduct as to who decided to buy these signs. It's clear that they were purchased for the operation, and if it can be traced to Captain Aguirre, WHICH IT WILL, then it will only further increase his culpability in several conspiracy charges.

I agree entirely. I was responding specifically to the statement "...because city funds cannot be spent for private use...."

20 posted on 09/13/2002 4:57:00 PM PDT by supercat
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