Travis County prosecutors dropped all of the remaining charges against longtime state Rep. Dawnna Dukes on Monday, court filings show.
I expect longer, more detailed stories tomorrow morning. In the meantime, quoted without comment:
Archive for the ‘Austin’ Category
Fizzle.
Monday, October 23rd, 2017Firings watch.
Thursday, October 19th, 2017Tom Jurich, athletic director at Louisville, was officially fired yesterday.
He joins Rick Pitino, who was officially fired “for cause” on Monday.
Mr. Pitino, of course, denies that he knew anything about payments to athletes. Even better: he’s suing Adidas. The discovery process in that lawsuit should be interesting.
In other news, another APD officer has been fired. Interestingly, his firing was for “insubordination”: specifically, he didn’t show up for interviews with Internal Affairs.
And why was he being interviewed by IA? He’s been charged with making false statements about his wife and her eligibility to receive SSI. (Previouly.)
According to the Statesman, he and his lawyer said they wouldn’t do interviews with IA until the criminal case was resolved. The rules say: you can’t do that. You have to come in and answer IA questions, or you get canned. Whatever information IA gets can’t be used against you in a criminal case; it can only be used for internal discipline. (This is why officers are required to submit to IA questioning. This is also why some things, like officer-involved shootings, are investigated both by IA and the Special Investigations Unit: SIU handles any possible criminal aspect of the case, can seek charges if warranted, and the subject has the standard legal protections. IA investigates internally: the union contract says officers have to answer IA questions, but any information gathered can’t be used to build a criminal case.)
Anyway, IA said “this won’t be used in the criminal case”, the lawyer apparently said, “okay”, and they still didn’t show up. Twice. Which makes it “you’re fired, do not pass ‘Go’, do not collect $200” territory.
Obit watch: September 29, 2017.
Friday, September 29th, 2017Sergeant Gary Christenberry of the Austin Police Department passed away earlier today.
Sergeant Christenberry was severely burned in an off-duty accident at his home two weeks ago: his death was a result of those injuries. He’d been on the force for 24 years.
Lady Lucan, long suffering wife of the late Lord Lucan.
This may ring a bell for some of you, as I’ve touched on the Lucan case before. Briefly: one night in November of 1974, Lord Lucan allegedly beat his children’s nanny to death, having mistaken the nanny for Lady Lucan. When Lady Lucan came downstairs to see what was going on, Lord Lucan tried to beat her to death as well. She disarmed him, he asked for a glass of water, they spoke briefly, he drove off, she ran to a nearby pub for help…
…and Lord Lucan hasn’t been seen since. Everyone seems to assume he’s dead. He’d be 82 if he was still alive, so there’s a possibility…
Noted.
Thursday, September 21st, 2017…
Another jogger who was carrying a flashlight and a handgun heard the victim scream and ran over to help.
The affidavit said the jogger told police he shined his light in the direction of the screams and saw the victim on her back and the attacker on his left side on top of the victim.
The jogger pointed his gun at the suspect and demanded he get off the victim. The attacker stood up and was naked from the waist down, the affidavit said.
From the flaming hyenas news desk…
Wednesday, September 20th, 2017Some of you may recall my entry the other day about the Travis County DA’s decision to suspend pursuing felony charges against State Representative Dawana Dukes.
Now we have some clarity on the reasoning behind that decision.
The guy who runs the House Business Office (which I guess is responsible for things like cutting checks for expenses and reimbursement) apparently told Ms. Dukes’s lawyers that “his office does not require a House member to travel to the Capitol building in order to receive per diem payments when the Legislature is not in session.” Illegally collecting those payments, when she wasn’t present in the Capital, was part of the case against her.
Gee, that seems like a bad screwup by the Travis County DA. Why wouldn’t they have checked on something like that before filing charges?
Answer: they did. And were told something completely different. By the same guy.
Prosecutors said they learned about Adrian’s contradictory statement when they visited with him two weeks ago to prepare for trial. In a sworn affidavit, he had told Dukes’ legal team that she did not need to be at the Capitol to qualify for reimbursement because House District 46, which she represents, is within 50 miles of the building.
Adrian said the House personnel manual did not expressly require a representative to travel to the Capitol building to receive payments. The implication is Dukes would still have been eligible for reimbursement if she was performing legislative duties from another location in Austin.
That seems like an…interesting…interpretation.
A former Dukes staffer told the Statesman last year that the lawmaker did not travel to the Capitol for all of the days that she claimed but directed her staff to prepare the forms as if she did.
Dukes, according to the grand jury indictment, did make “a false entry in a government record, and present and use said government record with knowledge of its falsity, by instructing her staff to add a false entry to her State of Texas Travel Voucher Form.”
So, basically, it seems like the argument is: it doesn’t matter, because she was close enough for government work. Good to know.
But in the meantime, the DA’s office did a new filing outlining some of the other “extraneous acts” they plan to bring up at the misdemeanor trial, which starts in October. A couple of selected high points:
Flaming hyenas watch.
Friday, September 15th, 2017Sorry about the delay: this news broke last night while I was downtown at the cop shop and couldn’t blog.
The DA is still prosecuting two misdemeanor charges “relating to allegations of her using legislative staffers for personal gain”. The charges the DA is not pursuing at this time are felonies related to misuse of travel vouchers.
I don’t quite know what to make of this.
District Attorney Margaret Moore confirmed to the American-Statesman on Thursday that prosecutors have obtained new information relating to the vouchers, which Dukes is accused of falsifying for financial gain. But Moore declined to elaborate on what the new information is.
“The district attorney’s office recently received new, unexpected information pertinent to that case and the new information has created a need for further investigation by this office and the Texas Rangers,” Moore said.
“New information”. Is it exculpatory? It seems to me that if there was exculpatory evidence, Ms. Dukes and her legal team would have offered it in her defense a long damn time ago, as well as spreading it to every media outlet they could find.
If it’s not exculpatory, is the DA playing hardball again, trying to get her to take a plea? “Look, we’ve got new leads. We’re turning the Rangers loose again. Take a plea now, resign, and we drop charges. Otherwise, we’re going to dig up even more dirt and you can spend the next 28 years experiencing the joy of busting rocks.”
I don’t have any idea, and I don’t think anyone outside of the highest levels of the DA’s office does either. Buy popcorn futures.
Obit watch: July 28, 2017.
Friday, July 28th, 2017John Kelso, columnist for the Austin American-Statesman since Jesus was a corporal, passed away earlier today.
The staff of WCD extends our condolences to his family and friends.
Memo from the police blotter.
Friday, July 14th, 2017I don’t write about this story lightly. I’m blogging it because I think it brings up some things that need to be discussed.
An APD detective is being sued in Bastrop County. Specifically, the complaint against her is that she was negligent in securing her duty weapon: a child stole it from her and committed suicide with it.
Plaintiff’s side:
Plaintiff’s side also claims that the defendant didn’t actually have the weapon in a locked safe.
It does seem kind of callous and cruel to say “there’s no duty to lock up your guns away from kids”. Responsible people are going to do this anyway, duty or no duty.
But there’s a twist: the child in this case was actually 16 years old. Maybe I am jaded, but it seems to me like a 16-year-old is going to be highly motivated to find the forbidden, if they really want it: drugs, booze, porn…or even a gun. Even a gun in a “locked safe” beside a bed. And I really do wonder what kind of “locked safe” that was: as we all know, Bob, many “gun safes” are actually insecure and can easily be opened by a five-year-old who thinks there’s candy inside. How good does a gun safe have to be to stand up against a 16-year-old?
Especially a motivated one.
“[defendant] should have been extra cautious to secure the weapons in the home…” Or, you know, maybe victim’s mom could have done something else here…trying to think of what that could be…oh, yeah, that’s right.
Did you try not letting the guy who was convicted of raping your daughter back into the house? Instead of sending of sending your kid off to live with other people? Doesn’t that send a pretty clear message: Mom values the man who hurt me more than she does me?
(And I know it seems kind of dismissive, but: what if the victim had taken a whole bottle of Tylenol instead? Or used Google to look up “Japanese cleaning product suicides”?)
This whole thing is just so messed up, I don’t even know where to begin thinking about it.
Memo from the police beat.
Thursday, June 22nd, 2017Remember a few months ago, we had a guy who shot himself in the back of a patrol car while under arrest, because the cop missed his gun during the patdown? (Previously.)
Chief Slate Fistcrunch Manley suspended the officer for 20 days. This is one of those “let’s make a deal” suspensions: the officer took the 20 day suspension, agreed not to appeal, and in turn the chief agreed not to fire him.
Except he’s not getting paid for it. And he loses benefits for that period. And it is a blot on his permanent record. And he can’t do any part-time work related to law enforcement while he’s on suspension, as I recall. (I think he could mow lawns, or drive for Uber, or other temp jobs, but I don’t think he could work security. At least if I remember the APD discipline policy correctly.)
I hate to seem like I have callouses on my soul. I get that the family is sad and upset, and I get that some people will think I’m a cop apologist. But look: it isn’t like the cop pulled his own gun and shot the guy. It isn’t like the cop killed him in a negligent discharge, or shot him in the back as he was running away.
This man pulled his own gun, held it to his head, and pulled the trigger on his own. What the officer did wrong here was missing the gun in the frisk.
Is that a firing offense? Or is this guy possibly salvageable, and a 20-day suspension, a year of probation, having to go out to the acade4my and tell cadets “this is how I f’ed up, don’t be like me”, and the memory of this incident, is enough? I think maybe it is.
Meanwhile, in another odd story, another APD officer and his wife are being charged federally with social security fraud Specifically, “making a false statement to an agency of the United States and misprision of felony”. It sounds like he lied about having a joint bank account with the wife, and lied about living in the same household with her.
I love that word, “misprision”. Almost as much as I love “barratry”.
But lying about having a joint account – something that’s so easy to check – is such a stupid thing to do, it makes me wonder: were these two just getting really bad advice from a lawyer, or someone pretending to be a lawyer? Or were they desperate and made bad choices? Or were they really trying to scam the system? The Statesman is oddly short on details at the moment.
Hookers and blow watch.
Saturday, May 13th, 2017I swear that I wrote about the “resignation” of Don Pitts as the city of Austin’s “music manager” ($97,000 a year) back in February when it happened. But I can’t find that blog entry now, and even search engines don’t help.
Anyway, Mr. Pitts resigned after a city audit turned up the fact that one of his employees had submitted a fake invoice so she could get reimbursed for what was represented as a “zero-cost” “2014 work trip to Europe to promote Austin’s music scene”.
There’s a little more to the story than that, however. The employee claims that Mr. Pitts told her to submit the trip as “zero-cost” so the approval would go through, and told her to submit the fake invoice so she could get reimbursed. Mr. Pitts denies that he told her to submit the fake invoice, but he admitted that he didn’t tell anyone about the fake invoice when he found out about it: that’s what led to his forced resignation, apparently.
And meanwhile, the city filed an ethics complaint against the also now-ex employee.
That complaint was dismissed Wednesday evening.
…
It seems odd that almost half of them didn’t even bother to show up.
Also worth noting: the employee in question made other complaints about Pitts.
Not sure how saying “I’m not going to hire a temp” is a violation of HR policy, but okay. Nut:
So you can’t say “hookers and blow” at work. But you can call someone’s mother to talk about their work performance. Good. To. Know.
Remind me again: why does this office exist?
Bad cop! No paycheck!
Tuesday, May 9th, 2017Officer Carlos Mayfield of the Austin Police Department was “indefinitely suspended” (read: fired) on Friday.
What did he do? He accessed a police report about a sexual assault case, one he wasn’t assigned to.
Detectives interviewed the suspect after he had gotten details of the report, the memo says. Investigators didn’t know he had this information at the time.
Mayfield acknowledged that this compromised the case, the memo says.
Travis County prosecutors ultimately decided not to prosecute “the compromised sexual assault case,” the memo says. However, they authorized the Sex Crimes Unit to file assault with injury charges against the suspect.
Not mentioned in the Statesman article: the ex-girlfriend was also a convicted felon, and “consorting” with convicted felons is a pretty serious violation of APD policy. (Sharing the report information wasn’t just a violation of policy: it was “misuse of official information”, a third-degree felony.) Former officer Mayfield also admitted that he had looked up other reports for the ex-girlfriend in the past.
Chief’s disciplinary memo here.
No word yet on whether former officer Mayfield will actually be prosecuted for the felony, but I have high hopes.
Memo from the DA’s office.
Wednesday, April 12th, 2017For a long time now, the policy of the Travis County DA’s office has been to present all cases involving police shootings to a grand jury for review, no matter what the circumstances where.
That was the case, for instance, for Austin police officer Carlos Lopez, who a grand jury no-billed 11 months after he shot and killed a gunman who was randomly shooting inside the downtown Omni hotel. The gunman had already shot and killed taxi driver Conrado Contreras by the time Lopez arrived.
It also happened with Austin police Sgt. Adam Johnson, who a grand jury declined to indict in 2015 for shooting and killing a man in downtown Austin who was standing in the middle of Eighth Street firing a rifle at police headquarters, and had already sprayed several government buildings with gunfire.
She will only take cases to grand jurors if she thinks the shooting was unlawful or if facts about what happened are in dispute.
Unlike predecessors, who have viewed grand juries as independent reviewers best equipped to determine whether to indict an officer, Moore said she also will issue an opinion, with help from the new Civil Rights Division she has established, and provide a recommendation “as to the legal sufficiency of a case.”
Bad idea, as I see it.
There are a lot of problems with the criminal justice system, including grand juries. Jurors sometimes aren’t much more than rubber stamps for the DA’s office. But at least they are independant. At least grand juries offer some kind of outside review, flawed though it may be. This is going to backfire badly on DA Moore the first time a shooting that didn’t get reviewed blows up.
I’m baffled by the NAACP’s support for this: you would think they’d want the additional scrutiny, but perhaps the DA was persuasive. The support of the police union makes a little more sense:
The people who have spoken to our CPA classes and that have been involved in shootings have said that there is some stress involved in waiting on the grand jury verdict. But they downplayed that specific part of it. Yes, the aftermath is highly stressful (and the department has good programs in place to deal with it). But it seemed to me that they felt the grand jury verdict was just the end: by the time that came in, they’d already been cleared by Internal Affairs and the Special Investgaions Division, and had usually moved on to other assignments.
(I can’t recall a case in…well, ever, where APD ruled a shooting okay and a grand jury indicted. Maybe the Kleinert case mentioned in the article, but I’m not clear on what action APD took in that case. In the most recent case that I know of where there was any controversy – the naked 17-year-old – the grand jury no-billed but APD fired the officer anyway.)