Posted on 08/26/2002 3:34:03 PM PDT by Dog Gone
I don't think you were suggesting it, but I'm quite sure the reason for the lesser charge had nothing to do with the desire to let these people apply to carry a concealed weapon in the future, LOL.
Hell, they would have grounded all the airplanes flying over Texas and called in the military.
No, I should have explained: I thought that was the issue that started the discussion, but I went back and looked at the entire thread and that's not the case.
What I did find was an additional posting (from an LEO) saying that a city in Dallas County tried the same mass arrest tactic in the past. They didn't get a single conviction and that some of those arrested got a significant settlement from the city. If so, the precedent is already set.
According to the criminal trespass law, it would be a class A misdemeanor instead of a class B misdemeanor -- even though the CHL holder was carrying legally.
But, if he was instead charged with "attempted criminal trespass" (as has been claimed, but not confirmed, for the others), it would be a class B misdemeanor.
They aren't above the law, either.
Exactly ahy this jarhead needs to be removed from power.
"Three days before, Captain Aguirre sent a memorandum to the chief where he stated that there would be mass arrests of street racers and their followers,"
Considering that is NOT what happened, he should be charged.
Utterly predictable, and utterly avoidable....
Interesting. Have you a link to this item?
I've (virtually) known this guy for a long time, and he's a straight arrow -- either former or active-duty LEO.
The subsequent message in the thread is the guy that said everyone was arrested for a class C misdemeanor.
Take it all with a grain of salt.
"You see, there wuz these people, and it it looked like they were having a good time, so we decided to stop that fun activiy, because that's what we do when we should be out catching rapists, muderers, and theives. You see, catching real ciminals is tough, so we decided to pick on people in a parking lot - much easier, good for morale . . ."
My name is Betsy, and my 17-year old daughter and two friends of hers were arrested Saturday, August 18th as they were leaving the Sonic drive-in. They were handcuffed, charged with criminal trespass. They were not allowed to sign their own citations. They were not given copies of the citations.
My daughter's car is only about 4 months old, and she was forced to leave it running with the keys in the ignition in a crowded parking lot with all this mayhem going on around it. It's a wonder it wasn't stolen. These minors were not read their rights. They were not allowed to get personal belongings or identification out of the car.
Her car was towed, and it cost $110 to get it back. Plus the wrecker driver did about $300 worth of damage to a brand new exhaust system. And the inventory of what was in the car that should have been filled out by the officer who authorized her car to be towed was left blank.
Completely above the fact that this raid was completely uncalled for and handled with the kind of precision you'd expect from a herd of gorillas, when the police pulled up, one of them came running up to my daughter's car with his gun drawn and pointed straight at her head, bellowing "GET OUT OF THE GODDAMNED CAR!!!" over and over again.
I would be completely outraged if a car jacker did this to my daughter on the streets of Houston. But for a uniformed Houston Police officer to do it is absolutely unconscionable and will not stand. I want this man's badge. I keep thinking about what might have happened if a car had backfired or a car door had slammed and startled him, or if he'd had too much caffeine and his finger slipped on that trigger.
We have already filed a complaint and started an investigation to try to find out who this particular officer was. I have also filed a complaint with the City Council and with the HDP Internal Affairs division for false arrest, harrassment, and whatever else is appropriate.
I have also contacted the ACLU to ask for their assistance with at least a private suit, and hopefully a class-action suit.
I think the HPD could have found at least 100 better, more productive ways to spend all that time and manpower and money. Our city is overflowing with drug dealers, illegals, hookers, gangsters, and more than our share of white-collar crime. Surely those are more important!
hi im toan, i was also in the westheimer raid... i was watching a movie at amc dunvale.. and my friends and i decided to go eat... well sonics is just 1 light away... so we went there... while we were eating... we were raided.. i didnt get to finish my coney deal.... the officer told me to get up and go to the back of the line... my car's sunroof was open... and my car was unlocked... i have many valuable possessions in my car.. and i too.. was not given a written statement of what was in my car... or a citation of my ticket.. i didnt know what i was being ticketed for until i got to jail and talked to the other people that were arrested... how is eating at sonics... trespassing?? its not... they had no right to arrest me... they tie strapped me for 5 hours.. then we were all loaded on a bus to a downtown jail near lubbuck.. then we were put in cells like criminals.. and we were booked in at aroudn 6PM! thats 12 hours that we been tehre.. and now we're just getting booked in? my friends and family couldnt find me.. because of this.. no one knew where i was.. except the friends i was with. im hoping to get some legal action done.. so please.. count me in...
I was not arrested,,only because i know one of the officers that was working for k-mart. I was told about the raid just minutes before it happened, but did not have time to leave. I was given an index card with a red #8 on it. The officer was very rude, and told me to throw my food away and to get the hell out of there. I saw so many people going to jail for nothing more than eating..
My point, and this might be of some use to your cause... Richmond ave. a.k.a. the strip.. if I was to ride my motorcycle down that strip around 1am.. I would fail a drug test the next day.. people,,of all ages,,many under age in almost every car are smoking pot.. most are involved with gangs, and from the few times I had to drive through there, I have seen so many people pulling out guns.. and even saw a guy get knocked off his motorcycle and watch them steal it. I myself have been assaulted there.. My point is,, why dont the police do something about that? I have seen a few officers there, but they never stop the drugs and assaults. God forbid I try to eat a hot dog that I paid for on private property.
Also.. for those that are the cops side.. The burnouts in the parking lots come from people that came off richmond ave. I have been in the houston cruisin scene for many years, and every time we find a parking lot to meet up in, it's the gangs and thugs that come in and ruin it. About 98% of all the loud music is coming from them. and just about that many doing the burnouts. The police made a dirrect attack on the wrong people.
As is usually the case, it's clear that these people are not totally innocent. One has to wonder why the first poster was unconcerned about her daughter (presumably?) violating curfew. But, if her story about the cop threatening people with a gun is true, there's something really wrong here.
The age of the second poster isn't obvious, but he appears to have been a legitimate customer that was in the wrong place at the wrong time. The third admits to participating in the "cruising", yet he was given a "get out of jail" card.
I have no doubt the cops pulled guns to get people out of their cars at the drive-in. I've seen too many people say that on television right after the raid.
The thing I found most interesting is the confirmation that undercover cops gave get out of jail cards to some of the Kmart customers. I don't think, though, that the cops were working for Kmart. He's assuming that, and it's surely wrong. Left unanswered is whether Kmart knew of the undercover cops' presence, and had authorized the operation.
"... one of them came running up to my daughter's car with his gun drawn and pointed straight at her head, bellowing "GET OUT OF THE GODDAMNED CAR!!!" over and over again.I would be completely outraged if a car jacker did this to my daughter on the streets of Houston. But for a uniformed Houston Police officer to do it is absolutely unconscionable and will not stand. I want this man's badge..."
But I've heard that sort of thing many times. It was the third post that I found most interesting:
"I was not arrested,,only because i know one of the officers that was working for k-mart. I was told about the raid just minutes before it happened, but did not have time to leave. I was given an index card with a red #8 on it."
One of the officers was working for K-Mart?
Maybe. But, read it closer:
The officer was very rude, and told me to throw my food away and to get the hell out of there. I saw so many people going to jail for nothing more than eating..
and later....
God forbid I try to eat a hot dog that I paid for on private property.
I got the impression he was actually at the Sonic, not the K-Mart. I think he (probably erroneously) assumed that the cop was "working for K-mart". If I'm right, then they were handing out the cards at the Sonic, too.
That was a very interesting series of reports. It's impossible to verify any of it, yet, but we're getting a bigger picture of what actually happened, and it's remarkably consistent.
Wow. This is the first I've heard of this. When I read the one report, I wasn't convinced that it wasn't simply the imagination of a scared and distraught girl.
This is way out-of-line and also very illegal, even for a cop. I've been reserving judgement against the rank-and-file officers participating in the raid, because I realize that refusing even an illegal order is usually a career-limiting move. But, I can't rationalize away these actions, at least for the officers that did so.
It isn't enough that these people lose their badges. They should be going to jail.
"Someone has to be held accountable"
08/26/2002
HOUSTON (KHOU) -- Lawsuits were filed Monday night over all those trespassing arrests in West Houston. And there have been more suspensions as well.
Thirteen to be exact -- two captains, two lieutenants and nine sergeants involved in the raid to reportedly stop drag racing have been relieved of duty with pay.
That includes Captain Mark Aguirre who was in charge of the raid and who was relieved of duty last Saturday. His attorney is asking for a restraining order against the Houston Police Department's Internal Affairs Division. And he wants a citizen panel to judge the facts rather than fellow officers.
The story of the 278 arrests during the police raid in the Kmart parking lot on Westheimer won't be going away soon.
Everyday there are new twists and turns. Like what happened Monday afternoon when 19-year-old Justin Esparza filed a federal lawsuit against the City of Houston and Captain Aguirre. He is seeking $100 million for the nearly 24-hours he spent in jail.
"It was terrible. It was shocking what happened to me," said Esparza. "I have always had trust in the police department, and I am shocked that they did that to me."
Randall Kallinen is Esparza's attorney and with the ACLU. "The punitive damages aspect of the lawsuit is to change the behavior of the city of Houston," he said.
And this lawsuit won't be the only one.
"Initially I was very upset," said Natalee Torres. "I mean, I had all these emotions. I wanted to cry. I wanted to scream let me out."
Torres told 11 News that she would soon be suing the city for her arrest that night.
Rocket Rosen represents Torres and 14 others. "It's way over the line," he said. "And someone has to be held accountable. And it starts with the mayor, the police chief, the council and whoever puts these people in power."
And Houston Police Officers' Union president, Hans Marticuic, is upset too. He's upset that Chief C.O. Bradford suspended 12 more supervisors Monday. "I think the department needs to step forward and answer the questions it can," said Marticuic. "And we haven't seen that."
Chief Bradford has been summoned to City Council on Wednesday to do just that.
No, the story of the arrests on Westheimer is not going away anytime soon.
More lawsuits are expected to be filed Tuesday. And Wednesday afternoon all of us may know more about what actually happened the night of the arrests. That's when Chief Bradford will stand in front of city council to answer that question.
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