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Officers brace to be fired in Kmart raid case
Houston Chronicle ^ | Jan. 25, 2003 | RACHEL GRAVES

Posted on 01/25/2003 8:07:03 AM PST by Houmatt

Two police officers involved in the Kmart raid in which nearly 300 people were arrested are likely to be fired Tuesday, their lawyer and a union representative say.

The lawyer for Capt. Mark A. Aguirre, who ordered the raid, and for Sgt. Ken Wenzel said the Houston Police Department should wait to decide whether to fire them until after the two go to trial this summer on charges of official oppression.

Instead both are scheduled for hearings, at which it will be determined whether they should be fired Tuesday.

"Most people who have loudermill hearings get fired," lawyer Terry W. Yates said.

"They should allow us to have our day in court," he said. "They're rushing to judgment."

HPD spokesman Robert Hurst said the department is following proper procedures.

"Mr. Yates is fully aware of what the Houston Police Department disciplinary process is," he said.

Aguirre and Wenzel were indicted last month on five counts each of official oppression for the Aug. 18 sweep of a Kmart parking lot. The raid was intended to crack down on drag racing, but when no one was found drag racing, officers arrested hundreds on charges of trespassing and curfew violations.

Thirteen police officers were suspended with pay and all the trespassing and curfew violations dropped. No charges were filed against the other 11 officers implicated in the incident.

More officers are scheduled for hearings, Hurst said, but he said he did not know how many, who or when the hearings would be held. Hurst declined to comment further because the issue is a disciplinary matter.

Hans Marticiuc, president of the Houston Police Officers Union, said he expects Aguirre and Wenzel and possibly two more officers to be fired.

Acting Police Chief Timothy Oettmeier will report to City Council on Wednesday the results of an internal investigation of the Kmart incident.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; News/Current Events; US: Texas
KEYWORDS: donutwatch; houstonpolice; kmartraid; persecution; politics
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To: FreePaul
No one was "areested" for loitering. I don't think that there is a law against that. They were falsely arrested for criminal trespass as a result of a conspiracy by police officers. Check the stories of what happened.

I have. It looks like mistakes were made. It also looks like the FR cop haters have elevated the punks to little angles and have compared the cops to nazis.

Sorry, I realize that teenagers mob gather in parking lots when most people are sleeping just to have a burger with dad or buy a hair scrunchie.

I made the mistake of parking my truck near one of these innocent crowds - after I came back outside, I found my truck was vandalized. If I knew who did it, I would have done a lot worse that these cops did. True, I should have known better.

The crowd was up to no good and I could not care less if they were inconvienenced for a few hours. If they had real parents these punks would not have been there in the first place.

Now that I hear the ACLU is thinking about cashing in, I know the cops are innocent.

101 posted on 01/28/2003 8:54:03 AM PST by Hacksaw
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To: Hacksaw
My sympathy for the damage to your truck. If you parked your truck near one of these crowds you must have been up to something questionable. Serves you right to be inconvenienced for that indiscretion. How does it feel.
102 posted on 01/28/2003 9:06:58 AM PST by FreePaul
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To: Houmatt
Do you really expect any reasonable person to believe they (all 270 of them) suddenly chose one night to act civilized, and by coincidence that was the night of the raid?

no. so, since the cops weren't able to find any evidence that those arrested were breaking the law, (aside from the criminal trespass which was false and subsequently dropped ), ie. no minors with alcohol, drunken behaviour vandalism, etc., it follows that on previous nights the situation was the same and the allegations and complaints regarding the behaviour of the parking lot crowd that the apartment complex residents made were, ahem, exaggerated.

103 posted on 01/28/2003 9:07:27 AM PST by danelectro
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To: HiTech RedNeck
This was a 24 hour K Mart. I have no idea what it is now, given all the K Mart closings.

It's closing, is what it is. Good riddance, sez I - one more dirty store with messy shelves, surly employees, and low-quality merchandise won't be missed.

(We have Wal-Mart for that.)
104 posted on 01/28/2003 9:11:25 AM PST by Xenalyte
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To: danelectro
it follows that on previous nights the situation was the same and the allegations and complaints regarding the behaviour of the parking lot crowd that the apartment complex residents made were, ahem, exaggerated.

Is that a nice way of saying the residents are liars? Have you read Christine McDonald's op-ed piece as it was published in the Houston Chronicle a few days after the raid? Are you calling her a liar?

Do you even live in Texas, let alone Houston? If not, how can you have even the slightest idea what you are talking about?

105 posted on 01/28/2003 9:26:24 AM PST by Houmatt (The OTHER Axis of Evil: The ACLU, Planned Parenthood, the NEA, and the Rats.)
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To: Xenalyte
You have a problem with Wal-Mart? What is your beef with them, exactly?

It just so happens there is a Wal-Mart right around the corner from where I live, which is right across the street from the KMart where this raid took place. I shop at the Wal-Mart regularly. And while employees may have reason to complain, I never have.

106 posted on 01/28/2003 9:30:42 AM PST by Houmatt (The OTHER Axis of Evil: The ACLU, Planned Parenthood, the NEA, and the Rats.)
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To: FreePaul
My sympathy for the damage to your truck. If you parked your truck near one of these crowds you must have been up to something questionable. Serves you right to be inconvenienced for that indiscretion. How does it feel.

How does it feel? It feels like I have no (as in Zero, Nada) sympathy for the young angels in the Kmart lot. You people have been posting these threads as if we are supposed to rip our shirts off and scream at the sky for justice. But the fact is that most people could not give a flying f*ck.

Kmart kids - "I can do anything I want to and you can't stop me" (stomping foot)

107 posted on 01/28/2003 9:32:17 AM PST by Hacksaw
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To: Xenalyte
Had a neighbor robbed in the wee hours of the morning at gun point in the Wal-Mart parking lot across the street from the infamous K-Mart. He probably would have been better off if there had been a gang of rowdy kids in the parking lot.
108 posted on 01/28/2003 9:32:49 AM PST by FreePaul
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To: Houmatt
Once I found out that you can return used underwear and bathing suits to Wal-Mart (from my college roommate, who got fired for not accepting such a return), I developed a big problem with Wal-Mart.
109 posted on 01/28/2003 9:33:02 AM PST by Xenalyte
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To: Dog Gone
Well, for one thing, since we do not have this guy's name, how do we know he was even there, or at least involved?

And before you say he was not supposed to be talking to the press, so his identity was kept secret. But hold on. Aguirre apparently breaks from policy so this guy does, too? And nobody is questioning that?

110 posted on 01/28/2003 9:39:21 AM PST by Houmatt (The OTHER Axis of Evil: The ACLU, Planned Parenthood, the NEA, and the Rats.)
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To: Hacksaw
"I can do anything I want to and you can't stop me"

I thought for a minute there that you were quoting the police officers in this mess. If someone does something that is against the law arrest them for it. That goes for the K-Mart kids as well as the police officers involved. The problem here is that the officers couldn't find law violations so they just arrested everyone in sight.

I suspect that the city is trying to figure out how to settle all of this without going to court. The potential for really big losses in civil cases looms over the city unless they can head this off early.

111 posted on 01/28/2003 9:39:50 AM PST by FreePaul
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To: Hacksaw
It looks like mistakes were made.

By whom?

112 posted on 01/28/2003 9:41:06 AM PST by general_re (A clear conscience is usually the sign of a bad memory.)
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To: general_re
By whom?

I thought that was clear from my post.

But I do not feel any sympathy for the kids. You people (not you personally maybe) are naive.

Posting stuff like hoping the city is bankrupted by lawyers and calling cops pigs is not exactly in good FR tradition.

113 posted on 01/28/2003 9:46:45 AM PST by Hacksaw
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Comment #114 Removed by Moderator

To: FreePaul
My sympathy for the damage to your truck. If you parked your truck near one of these crowds you must have been up to something questionable. Serves you right to be inconvenienced for that indiscretion. How does it feel.

Oh, my God. Did you just tell Hacksaw it was his fault his truck was damaged?

Un. Be. Liev. Able.

115 posted on 01/28/2003 9:56:31 AM PST by Houmatt (The OTHER Axis of Evil: The ACLU, Planned Parenthood, the NEA, and the Rats.)
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To: Hacksaw
I thought that was clear from my post.

Well, sort of. Using the passive voice ("mistakes were made") is the sort of political-speak that people tend to hate - saying it like that is a way of avoiding assigning any responsibility for those mistakes. Not to suggest that you did it on purpose, but that's the practical effect of it - combine that with the fact that the rest of your post was about today's youth in general, and it's pretty clear which side has your sympathies. ;)

But, in fact, the police made mistakes - the mistakes didn't make themselves. And it's not at all difficult to hold the opinion that the officers in question should be held responsible for those mistakes, as it appear they will be, without also casting the local teens as "angels". Hell, they probably aren't angels, but that doesn't absolve the police of the responsibility to obey the law and proper procedure themselves.

And that's more or less the bottom line for me - and, truth be told, I suspect that you probably feel much the same way. They aren't mutually exclusive positions, after all - there's nothing wrong with saying "the kids were acting like a**holes" and saying "the police should be held responsible for their bad acts"...

116 posted on 01/28/2003 9:57:45 AM PST by general_re (A clear conscience is usually the sign of a bad memory.)
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To: Houmatt
What's the name of the tow truck driver, Houmatt? I can't even find what he was quoted as saying. It's on one of the previous threads, but I can't find it. Since it's the cornerpiece of your position, could you post it for us?

Yes, the supervisors spoke to the Chronicle under condition of remaining anonymous. That is a violation of department policy, and I wouldn't be surprised if there are reprimands. They probably are among those officers who are currently suspended from the force.

Of course, there's quite a difference between breaking a department rule, and committing a crime, which is what Captain Aguirre is charged with.

But if you're suggesting that the officers quoted in the Chronicle story were not even there, you have totally lost it. By that line of illogic, how do we even know there was raid? The video could have been faked. Maybe the whole thing never happened.

Get real.

117 posted on 01/28/2003 10:00:41 AM PST by Dog Gone
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To: Hacksaw
It looks like mistakes were made.

The passive voice is one of the best tools for obfuscation of responsibility. Some of Clowntoon's underlings seemed to believe that it was the only verb form to be found in the English language.

118 posted on 01/28/2003 10:10:21 AM PST by steve-b
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To: Houmatt
Oh, my God. Did you just tell Hacksaw it was his fault his truck was damaged?

Un. Be. Liev. Able.

No, you should agree, Houmatt. After all, his truck was near an unruly crowd. So, it's obvious that he was part of that unruly crowd, and he should have been arrested. Arrest them all.

Right?

119 posted on 01/28/2003 10:10:56 AM PST by Dog Gone
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To: Houmatt
It's not surprising that sarcasm (in this case, a straightfaced use of Hacksaw's own professed standards to prove that his proximity to the crowd of teenagers makes him guilty of something) is lost on you.
120 posted on 01/28/2003 10:14:05 AM PST by steve-b
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