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Attorneys Representing Dog Attack Victims Across Texas

This website is maintained by the Law Offices of Dean Malone, P.C., a Dallas, Texas law firm representing people across Texas for dog bite injury cases. We have attempted to provide useful information for those harmed by animal attacks.

Posts Tagged ‘District attorney’

A Former Mesquite, Texas, Police Officer is Charged with a Crime in the Alleged Shooting of Lyndo Jones

Friday, December 8th, 2017

Mesquite, TX (Photo: Labeled for reuse)

On November 8, 2017, Lyndo Jones, a 31-year-old black man, was accosted by police in Mesquite, Texas, as he was trying to shut off the malfunctioning alarm in his vehicle. Reportedly, within 10 seconds of the arrival of the police, Jones was allegedly shot in the stomach by a black officer. He was then tased as he was lying there. The officers allegedly tried to conduct a cavity search, and Jones was then shot in the back. Initially, Jones, who has survived the alleged police shooting, was charged with evading arrest; but that charge was dropped. On December 7, 2017, it was reported that the officer involved in the shooting has been indicted on a charge of aggravated assault with a deadly weapon by a public servant. The officer turned himself in and has since been released on a $300,000 bond.

Dallas County District Attorney Faith Johnson has declined to share or describe the body camera footage of the incident.

The charges that the officer faces for the alleged police shooting of Jones carries a sentence of between 5 years to life in prison and a fine of up to $100,000. Johnson said the maximum sentence in the case is being pursued.

The officer who has been charged was fired in November for violating the policies of the police department. Charlie Cato, Mesquite Police Chief, did not specify which policies may have been violated, but he did say the officer involved had been with the Mesquite Police Department for more than nine years.

As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.

–Guest Contributor

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For a Prisoner’s Alleged Beating, Five Harris County, Texas, Jailers have been Criminally Indicted

Thursday, December 7th, 2017

English: 1200 Jail, the headquarters of the Ha...

English: 1200 Jail, the headquarters of the Harris County Sheriff’s Office Español: El 1200 Jail (“Carcel 1200”), la sede de la Oficina del Sheriff del Condado de Harris (Photo credit: Wikipedia)

On Tuesday, December 5, 2017, five jailers with the Harris County Sheriff’s Office were indicted in connection with an alleged beating of a prisoner at Harris County Jail in Houston, Texas, which occurred in September 2016. The prisoner, Jerome Bartee, required facial reconstruction after the incident. To reconstruct his face, a plate, stitches, and screws were needed. He also suffered a shattered eye socket, according to a news release from the office of Kim Ogg, Harris County District Attorney. A surveillance video at the jail captured the entire alleged beating, although one of the officers attempted to turn the video camera off at one point. Four detention officers have been charged with aggravated assault by a public servant. The fifth detention officer was indicted for misdemeanor assault. Warrants for the arrest of all five jailers were issued. The men were suspended several days after the incident, following an internal affairs investigation.

According to court filings, Bartee told employees at the jail that he was suffering from a severe toothache, and he requested medical attention. A detention officer escorted him to the clinic and allegedly shoved him into a door in the clinic hallway, and the action was unprovoked. Several other detention officers also went to the scene and allegedly physically assaulted Bartee. They allegedly threw him into a podium and into a chair. They also allegedly beat and stomped him until he was nearly unconscious. Employees at the jail took Bartee to Ben Taub Hospital, but he was returned to the general population at Harris County Jail later that day, with bruises and sutures.

As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.

–Guest Contributor

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Incident Involving Constable Deputy in Houston

Friday, July 28th, 2017

English: 1200 Jail, the headquarters of the Ha...

English: 1200 Jail, the headquarters of the Harris County Sheriff’s Office Español: El 1200 Jail (“Carcel 1200”), la sede de la Oficina del Sheriff del Condado de Harris (Photo credit: Wikipedia)

The actions of a constable deputy in Harris County Precinct One in Houston, Texas, have come under fire this week. The deputy approached 20-year-old African American Marlin Gipson, who was mowing lawns in his neighborhood, as part of his business. When questioned, Gipson explained that he was mowing lawns and putting business cards on residents’ doors. The police officer said there have been recent robberies in the neighborhood, and he was conducting an investigation. Gipson has accused the deputy of racially profiling him. The entire incident involved Gipson allegedly evading arrest and allegedly being severely bitten by a police dog in his home. In addition, two of his brothers were arrested and his sister, age 13, was handcuffed. Part of the interaction between Gipson and the deputy were recorded on video and posted on social media.

The interaction between the deputy and Gipson took a turn when Gipson was asked for his identification. He said he didn’t have any and then allegedly gave a fake name. Gipson asked the deputy for his name and information, and at that point the officer pulled out his handcuffs. Gipson fled the scene and the deputy called for backup.

Another deputy for Precinct One saw the suspect near an address a witness had provided to the police. The homeowner allowed deputies to enter, and Gipson was discovered hiding in a closet. He allegedly refused to exit the closet. At that time, deputies allegedly subdued him with both a K-9 unit and a Taser. Gipson was arrested on charges of evading arrest and failing to identify himself.

Records show that it was determined when Gipson was fingerprinted at the Harris County Jail that there was a warrant out for his arrest allegedly in association with a 2015 assault case as well as two cases of resisting arrest in April 2017, which are still pending.

A great deal of social media attention has already been given to this incident.  Photos that claim to be pictures of the dog bites Gipson suffered due to the K-9 attack are posted, and there is some fundraising to support him as he returns to college classes and his business.

It is being claimed by some on social media that police won’t even leave members of the black community alone when they are busy doing “something productive.”

Constable Allen Rosen of Precinct One spoke on the incident, alleging that Gipson’s claims are false.

As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.

–Guest Contributor

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The City of Houston Considers an $85,000 Settlement Related to a 2013 Officer-Involved Shooting

Tuesday, July 25th, 2017

English: 1200 Travis, the headquarters of the ...

English: 1200 Travis, the headquarters of the Houston Police Department Español: 1200 Travis, la sede del Departamento de Policía de Houston (Photo credit: Wikipedia)

The Houston, Texas, City Council was set to vote on July 25, 2017, regarding whether or not to enter a settlement in a federal civil rights lawsuit. The potential 85,000-dollar settlement is related to a 2013 narcotics raid, during which an unarmed man was shot. During the raid, a Houston police officer allegedly shot then 38-year-old George Ralph Benard in the abdomen. Benard filed lawsuits against the Houston Police Department (HPD) and the City of Houston, and both cases were dismissed.  He also filed a lawsuit against the officer who allegedly shot him, and that is the case which may end with a settlement this week. The question with regard to the officer is whether excessive force was used, when Benard was allegedly shot.

The 2013 shooting happened at about 8:20 p.m. in the 6700 block of Sherwood in Houston. According to HPD, police officers involved in the narcotics raid entered the home and identified themselves as officers. They say Benard was in the living room but then ran to a room toward the back of the home. He was ordered to stop and show his hands, but he failed to comply. According to officers, when Benard ran back into the room, he reached toward his waistband, as though he had a weapon there. He also turned abruptly toward one of the officers.

A police officer who says that he feared for his own safety and the safety of his partners shot Benard in the abdomen. The officer had been with HPD since December 1992. The case was investigated by HPD Internal Affairs, Homicide division, and the Harris County District Attorney’s Office.

Earlier in July 2017, Houston paid a settlement to the family of Kenny Releford in the amount of $260,000. It was the largest Houston settlement in the past seven years related to an officer-involved shooting. In 2012, Releford was allegedly fatally shot by a police officer and found to have been unarmed. Releford was a Navy veteran.

As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.

–Guest Contributor

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A Marlin, Texas, Police Captain is Arrested on Alleged Sexual Abuse Charges

Thursday, July 6th, 2017

 

A complaint made against a Marlin, Texas, police captain resulted in the man’s arrest by Texas Rangers on Wednesday, June 29, 2017. He has been charged with second-degree felony sexual assault. The law enforcement officer verbally resigned from his position after the arrest.

On June 20, authorities were notified by the district attorney that a woman filed a complaint against the captain. She alleges that, because she entered the country illegally, she was afraid she would be arrested if she didn’t cooperate with his requests. The district attorney’s office says the former police captain allegedly asked a woman about her legal status and then used his authority as a law enforcement officer to force her into sex acts.

An affidavit shows that the captain allegedly encountered the woman repeatedly, telling her that she would be arrested for entering the country illegally unless she had sex with him. The woman says that at first she refused, saying she did not want to comply. The affidavit details a series of events in which the former police captain allegedly continued to apply pressure on the woman to engage in sex acts.

Texas Rangers arrested the former police captain at a financial institution where he reportedly working in an off-duty capacity. He was admitted to a county jail and was soon released, after posting a $50,000 bond.

As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.

–Guest Contributor

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Texas Cross-Border Fatal Shooting Case by Officer Returned by Supreme Court to a Lower Court

Wednesday, June 28th, 2017

U.S. Supreme Court building.

U.S. Supreme Court building. (Photo credit: Wikipedia)

A family in Juarez, Mexico, is seeking justice in the death of a 15-year-old Mexican teenager who was allegedly shot by a U.S. agent. The case went to the U.S. Supreme Court. On Monday, June 26, 2017, the Supreme Court opted to send the case back to a lower court. Sergio Hernandez Guereca, the teen who was allegedly killed at the Texas-Mexico border in 2010, was shot on the Mexico side when he looked out from behind a concrete pillar at agents on the U.S. side. Rocks had allegedly been thrown at the Border Patrol agents. The use-of-force policies followed by the Border Patrol changed following the teen’s death and other cross-border shootings involving alleged rock throwing. The incidents have been highly controversial. Border agents are now strongly encouraged to simply move away from the range of projectiles that are thrown, rather than acting with excessive force.

At one point in the legal battles around the death of Hernandez, a Court of Appeals ruled that the Border Patrol agent who allegedly shot the teen qualified for immunity. This means he cannot be sued. The Supreme Court vacated that ruling, saying that the judgment was a mistake. The high court also said that Ziglar v. Abbasi, another case decided last week, could be relevant to the teen’s case. It’s something the lower court would not have been able to consider when making a ruling.

Whatever the final decision in this complex case turns out to be, it will have an effect on several Mexican families who have allegedly suffered loss as a result of cross-border shootings of loved ones.

–Guest Contributor

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A Dallas Police Officer is Charged with Assault in a Woman’s Death

Saturday, June 24th, 2017

Dallas Police Department

Dallas Police Department (Photo credit: Wikipedia)

On Friday, June 23, 2017, Faith Johnson, Dallas County District Attorney, announced that a Dallas police officer was indicted by a grand jury on a charge of aggravated assault. The charge is associated with the alleged fatal shooting of Genevive Dawes in January 2017. It has been 43 years since an officer with the Dallas Police Department has been indicted in connection with a fatal shooting.

Johnson announced at Friday’s press conference that her office has a commitment to investigating officer-involved shootings and taking this particular case to trial, specifically. She also said that there was not a second charge against the officer related to a second passenger in the vehicle who was allegedly shot, due to lack of sufficient evidence. The other passenger’s name is Virgilio Rosales.

At the time she was allegedly struck with at least four bullets, Dawes’ family has claimed that she was pregnant; but Johnson refuted that claim, saying that she was not pregnant, based on the evidence.

When the alleged shooting occurred, two officers had responded to a call about a suspicious person. Dawes and Rosales were both allegedly instructed to exit the car, but they ignored the directives. Instead, they allegedly backed the vehicle into a police cruiser, slammed into a wooden fence, and were in reverse when the officers allegedly fired shots that killed Dawes and wounded Rosales.

The grand jury did not recommend charges against the second officer. If the officer who has been charged is found guilty, he faces 5 to 99 years in prison.

–Guest Contributor

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Police Abuse Lawyer – A Former Houston, Texas Police Officer Faces Charges, in D.A.’s Fresh Focus on Police Accountability

Friday, June 23rd, 2017

English: 1200 Travis, the headquarters of the ...

English: 1200 Travis, the headquarters of the Houston Police Department Español: 1200 Travis, la sede del Departamento de Policía de Houston (Photo credit: Wikipedia)

A former Houston, Texas, police officer has been indicted by a grand jury for actions taken on February 16, 2017. News of the indictment was released on June 22, 2017. In connection with the announcement about the former Houston Police Department officer, Kim Ogg, Houston’s District Attorney, said that her administration is focusing on police accountability. The former officer has now been charged with felony tampering of evidence and misdemeanor assault. Ogg, who has been the D.A. in Houston for six months, said at a news conference that these charges reflect the fresh commitment to police accountability.

The charges address alleged actions of the former police officer when he had a controversial encounter with Derek Carr, a man who had allegedly robbed the officer’s family home in Acres Homes, a northwest Houston neighborhood.

According to prosecutors who charged Carr with burglary, Carr was carrying some of the officer’s belongings and a 16-inch metal tool. They also say that since 1992, court records indicate that Carr has allegedly been charged with burglary 11 times.

When the former police officer encountered Carr on February 16, he was wearing his police uniform but was off duty. He and Carr got into a physical altercation, and the officer allegedly shot Carr once in the back and once in the arm. Just after the shooting, a bystander began shooting video footage, and it allegedly shows that the officer repeatedly kicked Carr. Photo evidence suggests that the police officer moved the metal tool, and the Houston D.A. said doing so was clearly meant to tamper with the evidence.

A Harris County grand jury did not indict the officer on a charge of aggravated assault for the shooting. The grand jury did, however, return a felony charge of allegedly tampering with evidence and a misdemeanor assault charge for allegedly kicking Carr.

Ogg used these indictments as an occasion to double down on her intent to make sure the law applies to all people equally, including law enforcement officials.

–Guest Contributor

 

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El Paso, TX Police Misconduct Attorney – A Minnesota Police Officer is on Trial for Second-Degree Manslaughter for a Controversial Shooting

Thursday, June 8th, 2017

English: Minnesota Judicial Center in St. Paul...

English: Minnesota Judicial Center in St. Paul, Minnesota, USA. (Photo credit: Wikipedia)

There has been widespread outrage over the alleged police shooting of Philando Castile, which was publicized through a video shot by Castile’s girlfriend after the shooting had occurred. The officer who allegedly shot Castile is currently on trial in St. Paul, Minnesota, on charges of second-degree manslaughter. A jury will decide whether the police officer should be found guilty of the charge or whether the officer was acting according to training, making a snap life-or-death decision.

What basically happened, according to different videos and statements, is that Castile’s vehicle was stopped for having a broken taillight. The police officer was speaking to Castile briefly, and Castile informed the police officer that he had a gun in the car. The officer calmly instructed the man not to reach for the gun. On a video at this point, you can hear the officer shouting, “Don’t pull it out!” In seconds, the police officer allegedly began shooting through the front passenger window. He allegedly shot seven times, narrowly missing Castile’s girlfriend, who had been driving, and her daughter, who was in the backseat.

This jury trial marks the first time in modern history in Minnesota that a police officer has been criminally charged in connection with an on-duty fatal shooting.  The trial is still in progress, after which the much-anticipated verdict of the jury will be handed down.

–Guest Contributor

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Texas Attorney – A Tulsa Police Officer is Acquitted in the Fatal Shooting of Terence Crutcher

Tuesday, May 30th, 2017

English: Tulsa Skyline Category:Images of Oklahoma

English: Tulsa Skyline Category:Images of Oklahoma (Photo credit: Wikipedia)

A Caucasian police officer in Tulsa, Oklahoma, allegedly shot and killed Terence Crutcher, an unarmed black man, on September 16, 2016. The officer was later charged with first-degree manslaughter. On May 17, 2017, a jury found that the officer was not guilty of the charge. The shooting victim’s father said that he thinks the police officer literally got away with murder.

The jury that found the female officer not guilty was comprised of three African-Americans, four men, and eight women. On the evening the jury made their decision, about 100 demonstrators were in the courthouse plaza outside protesting the decision. Some protestors later blocked a major road in downtown Tulsa.

Marq Lewis said that the jury’s decision was a blow to the black community. He is the organizer of We the People Oklahoma, a local civil rights group. He questioned when officer-related shootings are finally going to stop.

Crutcher was 40 years old when he died. The officer who allegedly fired the deadly shots said that she ordered Crutcher to stop walking away from her and he ignored her. She told jurors that she was afraid because he didn’t follow her directive to lie on the ground. In addition, she was concerned that he was under the influence of the powerful hallucinogenic drug PCP, which makes users combative, unpredictable, and erratic. She also said she fired her weapon because it appeared to her that he was reaching for a gun. It turned out, however, that he was unarmed.

Part of the galvanization of the Black Lives Matter movement occurred when Crutcher was killed.

–Guest Contributor

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