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.
This has been instructive to watch.
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