Archive for the ‘Texas’ Category

Memo from the police beat.

Tuesday, June 26th, 2018

Oddly, this one is mostly Houston based this time, though there is an APD connection that I’ll mention at the end.

Somebody put flyers on some Harris County Sheriff’s cars parked outside of one of their buildings.

The flyers promoted the organization Targeted Individuals, an organization which believes that the “Deep State” targets certain individuals.
The group believes the FBI and CIA purposefully inflict mental, physical and emotional stress on enemies of the “Deep State,” in part, by shooting microwave technology at their heads in order to cause brain damage, according to the group’s website.

I think this is their website. At least this is the one linked in the HouChron article. There’s another site called “Targeted Individuals” which seems to cover similar ground. I haven’t had time to dig deeply into either of these sites yet, though I’m generally familiar with the whole beaming microwaves/gangstalking/etc. theory.

But that’s not what makes this story weird. A deputy with HCSO went out, found one of the flyers on her car window, and removed it.

Apparently, the flyer was laced with fentanyl.

She initially did not think anything of it but soon started to feel light-headed and showed other fentanyl-related symptoms.
She was rushed to the hospital and is expected to survive as authorities investigate the flyers’ origination. She was released around 4:30 p.m., authorities said.

My first thought was: “How do they know?” Could it just have been heat-related stress or some other condition, and everyone jumped to the conclusion it was fentanyl? According to the HouChron, at least one flyer (I assume it was the one the deputy handled) “tested positive” for fentanyl, and the remaining flyers are being analyzed by the county forensic lab. No idea if the positive test was a field test, or something more sophisticated.

If someone is actually putting drug-laced flyers on cars in an effort to hurt or kill police officers, that’s a pretty serious escalation. I’m hoping it isn’t true, but in the meantime: paranoia and gloves are your friends.

A while back, I wrote about the cases of Terry Thompson and his wife. Briefly: Terry Thompson confronted a man for public urination at a Denny’s and pinned him to the ground. His wife, a HCSO officer at the time, helped him hold the man down. (The wife has since been fired.) The man passed out and died three days later. Mr. Thompson and his wife were charged with murder.

Terry Thompson’s trial was last week. It ended in a mistrial. The Harris County DA announced yesterday that they plan to retry the case. But:

Although all the jurors agreed deadly force was justified under the circumstances, [Scot] Courtney [Thompson’s attorney – DB] said, one refused to find him not guilty of the murder charge.
“One of the jurors said that he could not, he would not vote not guilty – and he hung up the jury for a day,” Courtney said. “It’s disappointing that a juror was seated and swore an oath to follow the law and then ultimately didn’t.”
On the lesser charge of manslaughter, 10 jurors voted not guilty and on the count of criminally negligent homicide eight voted not guilty, Courtney said.

And finally, noted for the record and without much comment, because I just don’t know what to make of it:

A lawsuit has named Houston Police Chief Art Acevedo, the City of Austin and Travis County as defendants in a class action complaint accusing them of failing women who were sexually assaulted.

Others named in the lawsuit include Travis County District Attorney Margaret Moore, former Travis County DA Rosemary Lehmberg, Austin Police Chief Brian Manley, and Travis County Sheriff Sally Hernandez.

Hyenas on fire.

Tuesday, June 26th, 2018

Quick update on (now former) state Senator Carlos Uresti:

12 years in prison.

(Previously. Previously. Previously.)

(Note how far down you have to scroll in the article before former Senator Uresti’s party affiliation is mentioned.)

Flaming hyenas update.

Monday, June 18th, 2018

Democratic state senator Carlos Uresti is resigning his seat.

(Previously.)

Ripped from the headlines!

Thursday, April 26th, 2018

Regret blasting Yeti cooler? New one could be tax-free on weekend

That was the actual headline on this Statesman article until a few minutes ago, and is still what the Firefox tab shows.

Anyway:

1. I don’t regret blasting my Yeti cooler…since I don’t have one. I do have a nice Yeti tumbler that I have no intention of blasting, since it was a gift from my beloved and indulgent sister.

2. “a new one could be tax-free this weekend”. Well, actually, no. Unless you can find a Yeti for under $75. And if you’re looking at Yeti equivalents, you could get a new RTIC cooler. Or an ORCA (hatttip to Say Uncle). Or a Pelican.

3. As one of Uncle’s commenters points out, if you really want to hurt Yeti, don’t blow up your cooler: sell it, cheap. Every retail sale you take away from them hits them in the pocket.

4. And thanks to the Statesman for pointing out that this is a tax-free (on certain “emergency supplies”) weekend.

I have no joke here…

Monday, April 23rd, 2018

…I just like saying “county-funded fajitas”:

[Gilberto] Escamilla was fired in August and arrested after authorities checked vendor invoices and obtained a search warrant that uncovered county-funded fajitas in his refrigerator.

Mr. Escamilla worked at the juvenile detention center in Cameron County, Texas. This is way down in the south part of the state (Brownsville is the county seat.)

Mr. Escamilla was allegedly ordering fajitas through the detention center, using county money, and then delivering them to his own customers.

His scam was uncovered when he missed work for a medical appointment and an 800-pound (360-kilogram) fajita delivery arrived at the center, which doesn’t serve fajitas.

The state claims this scam amounted to $1.2 million worth of fajitas over nine years. Mr. Escamilla was sentenced to 50 years in prison on Friday.

Edited to add: more from Texas Monthly.

Theft of more than $300,000 is automatically a first-degree felony in Texas. On top of that, Texas treats theft by a public servant differently from other kinds of theft. The theory behind that is that theft committed by a private individual harms the person or people who were stolen from; but theft by a public servant harms the taxpayers who pay their salary, and harms society at large by eroding trust in those who’ve agreed to serve us. In cases where a public employee is accused of stealing less than $300,000, charges involving public servants using their official positions to facilitate the crime are automatically escalated to the next-highest level of felony. In Escamilla’s case, the value of the meat he stole meant that it was already the highest class of felony—which helps explain why his sentence was so high.

You’re going down in flames, you tax-fattened hyena! (#49 in a series)

Thursday, April 12th, 2018

I haven’t been covering the corruption trial of former Texas congressman Steve Stockman as well as I could have. Not because of my own political sympathies (though I’m sure there are people who won’t believe that), but simply because of flat-out being busy three nights a week and having a series of full weekends.

Anyway, the verdict is in: guilty on 23 out of 24 counts.

Stockman was charged with “masterminding a wide-ranging fraud scheme that diverted $1.25 million in charitable donations from wealthy conservative philanthropists to cover personal expenses and campaign debts”. Specifically, he was convicted of mail and wire fraud, the ever popular “conspiracy”, “making false statements to the Federal Elections Commission”, and money laundering. The acquittal was on a single count of wire fraud.

Prosecutors presented a meticulously documented case, featuring flow charts and canceled checks, to illustrate how the two-time Republican lawmaker funneled charitable donations through a series of sham nonprofit organizations and shell bank accounts to spend on an array of personal expenses that included his brother’s homemade Advent books, a dolphin watching trip and an amateur spy operation that trailed a perceived GOP rival around the statehouse in Austin.

Two of his aides, Jason Posey and Thomas Dodd, took plea bargains and rolled on Stockman.

Posey testified that he and the former congressman knew they were breaking the law by concealing the source of the funds. But Stockman instructed him to push forward with his plans to spend charitable money on hotel rooms, plane flights and burner phones for secret conversations, and he complied.

I’m sorry, but the fact that they bought burner phones fills me with delight.

Stockman could get “a maximum of 20 years in prison on each of the fraud charges alone” but we all know that’s unlikely to happen, right?

You’re going down in flames, you tax-fattened hyena! (#46 in a series)

Thursday, February 22nd, 2018

This is how out of it I’ve been: I didn’t even know Democratic state Senator Carlos Uresti was actually on trial until Mike the Musicologist texted me the verdict. (Previously on WCD.)

And that verdict?

Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty!

Texas state Sen. Carlos Uresti and co-defendant Gary Cain were found guilty on all charges in San Antonio federal court today in a criminal fraud trial that has stunned the city and state capitol.

That’s “all charges”. And what were those charges again?

As to State Sen. Carlos Uresti:
Count 1, wire fraud: Guilty
Count 2, wire fraud: Guilty
Count 3, conspiracy to commit wire fraud: Guilty
Count 4, wire fraud: Guilty
Count 5, wire fraud: Guilty
Count 6, wire fraud: Guilty
Count 8, conspiracy to launder monetary instruments: Guilty
Count 11, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 20, securities fraud: Guilty
Count 21, securities fraud: Guilty
Count 22, unregistered securities broker: Guilty

As to Gary Cain:
Count 3, conspiracy to commit wire fraud: Guilty
Count 8, conspiracy to launder monetary instruments: Guilty
Count 13, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 14, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 15, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 16, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 17, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 18, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 19: engaging in monetary transactions in property derived from specified unlawful activity: Guilty

Each wire fraud and conspiracy to commit wire fraud count carries a maximum penalty of 20 years in prison and $250,000 fine. The conspiracy to launder monetary charge is punishable by up to 10 years in prison and a $250,000 fine. Each securities fraud charge and the unregistered securities broker count carries a maximum of 20 years in prison and a $5 million fine. Each of Uresti’s counts also is punishable by up to three years of federal supervision to be served after release from prison.

Of course, it is highly unlikely that he’ll get 200 years in prison. My prediction: I’ll be surprised if he gets more than 10 years.

Short notes from the legal beat.

Friday, December 1st, 2017

Dabrett Black is the man who shot Trooper Damon Allen to death on Thanksgiving Day.

Police camera footage obtained by WFAA-TV from the 2015 incident in Smith County, about 95 miles east of Dallas, shows Dabrett Black beating a sheriff’s deputy. The deputy, identified as Wesley Dean in court documents, no longer works at the department. The court documents say he suffered black eyes, a broken nose and lacerations above his eyes that required stitches to close. The footage also shows him talking to the in-car camera saying to imagine if he had had a weapon and talking about his belief that law enforcement officers target minorities.

Mr. Black was allowed to plead to a misdemeanor charge instead of two felony charges. The plea was not approved by the local DA or his assistant, which is apparently a violation of policy. However, the current DA has said he’s not going to fire the ADA who took the plea. That current ADA is running for the DA position, and doesn’t have any opposition.

When the shooting occurred, Black was free on $15,500 bail in another Smith County incident where he was charged with assault on an officer and evading arrest after a police chase this summer ended with Black allegedly ramming a patrol car.
Probation officers had told staff to be careful of Black in internal emails after the 2015 attack, according to the material obtained by WFAA. In a July 2015 email, a probation officer told staff he believed Black was trying to provoke them into responding and encouraged them to be vigilant both inside and outside the office because he believed Black was the kind of guy who would ambush someone.

Back in September, a man named Brandon Berrott was arrested and charged with making terroristic threats against his girlfriend. After his arrest, the threats continued: he was jailed “at least” three time, had to post bail, and lost his job.

The girlfriend, Lisa Marie Garcia, ultimately called the mayor of Baytown and complained that the state district judge who was presiding over the cases against Berrott was taking bribes to let Berrott out on bail.

And you won’t believe what happened next, as BuzzFeed would say:

Lisa Marie Garcia was charged with retaliation and online impersonation in a case prosecutors called “a nightmare.” She is accused of using fake social media accounts and cell phone apps to manufacture false threats and claims that appeared to be from her boyfriend. If convicted, she could face up to 10 years in prison.

Yes, it’s another classic “b—-h set me up!” case that turns out to be true.

After her boyfriend made bail, Garcia set up Instagram accounts pretending to be him and sent messages to herself and the other woman threatening to kill each of them for calling the cops on him. She then took the messages to the Baytown Police Department and the Harris County Sheriff’s Office, leading to seven charges being filed between Oct. 21 and Oct. 31.
Each time he got out on bail, Garcia would fake more messages and call the police, landing Berrott back in jail or court. He was accused of violating his bond conditions and no-contact orders.

Mr. Berrott was lucky enough to have an attorney who actually believed in his innocence, and who was able to convince the authorities to do more investigation.

[Britni] Cooper [the prosecutor – DB] said the onslaught of charges in October did not immediately raise red flags because the complaints were filed with different agencies. Once the DA’s office, the sheriff’s office and Baytown police department put the pieces together, the pattern and the holes, were easy to see.
As the investigation continued, she said prosecutors were instructed to stop accepting charges from Garcia, who continued calling the police and filing false reports even while Berrott was working with authorities to clear his name.

What kind of holes?

…one threatening message was sent at the same time as Berrott was on video handcuffed in the back of a police car.

The defense attorney was Carl Moore. Folks in Baytown, remember that name, and please throw some business his way if you can: it sounds like he’s one of the good guys. The scary thing is: how many other people are in jail for similar reasons, and don’t have that kind of support network?

This news broke late last night, while I was at the CPA class, so I wasn’t able to blog it at the time, and it has been covered a lot elsewhere. But I did want to say a few things about the acquittal of Jose Ines Garcia Zarate on charges of killing Kate Steinle, since I’ve touched on it before.

1. I’ve written before about my belief that “the verdict of a jury deserves a certain amount of deference“. I still believe that: the jury was there, I wasn’t, the jury saw and heard all the evidence, I didn’t, the jury deliberated, I didn’t. But sometimes, it’s real hard to hold on to your principles. Then again, if it was easy to have principles, would they be principles?

2. In that vein, “Law is the manifest will of the people, the conscious rule of the community.” But a lot of the comments I was reading last night at Instapundit are…disturbing. Have we really reached the point where people are ready to form lynch mobs?

(“Hain’t we got all the fools in town on our side? And ain’t that a big enough majority in any town?”)

3. There’s a lot of smart stuff from other people out there on this case. In particular:

(Follow the thread from there.)

4. Also smart: Sarah Rumpf’s “Have We Been Lied to About the Kate Steinle Case?” There’s a lot in there that I didn’t know: I wasn’t following the case that closely, but other people have said the same thing. For example, the bullet that hit Steinle was actually a ricochet off the concrete pier.

There’s also some things that I have problems with, which are not Ms. Rumpf’s fault. In particular, the whole thing about the SIG being unusually prone to “accidental discharge”. I don’t own any SIGs: Mike the Musicologist is the SIG (and FN) guy. I also don’t own one of those cool trigger pull measuring gadgets, so I can’t tell you what the trigger pull on any of my auto pistols is. It looks like standard trigger pull on a Glock is somewhere between 5.3 and 6 pounds according to GlockTalk.

Is 4.4 pounds too light? That seems questionable. And a lot of those cited incidents seem to involve holstering the gun: could the problem not be with the SIG, but with people not keeping their booger hook off the bang switch?

In a four-year period (2012-2015), the New York City Police Department reported 54 accidental firearm discharges, 10 involving SIG Sauers.

But:

New NYPD officers are allowed to choose from one of three 9mm service pistols: the SIG Sauer P226 DAO, Glock 17 Gen4, and Glock 19 Gen4. All duty handguns are modified to a 12-pound (53 N) NY-2 trigger pull.

It’s also not clear to me which model of SIG was involved in the shooting. I think this whole “bad gun!” thing needs some more investigation, and my short notes are already long enough as it is.

5. Also smart: Patterico on California homicide law. (Has anyone ever seen Patterico and Ken White in the same room together? Just asking.)

From the flaming hyenas news desk…

Wednesday, September 20th, 2017

Some 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:

According to the filing, Dukes paid an online psychic $51,348 from December 2014 to January 2016, totaling nearly $1,000 per week.

Responded to a search warrant for her cellphone by providing investigators a phone that did not match the identification number on the phone they had requested.

Was noticeably impaired while trying to perform legislative duties at the Capitol and showed up late to a House Appropriations Committee hearing on March 29, stating, “I know I’m talking a lot. I’m full of morphine and will be headed out of here soon.”

Obit watch: August 8, 2017.

Tuesday, August 8th, 2017

For the historical record: NYT obit for Mark White.

Ernst Zündel, scummy Nazi Holocaust denier and the center of two criminal trials in Canada.

Richard Dudman passed away at the age of 99, surprisingly. I say “surprisingly” because, as a journalist for the St. Louis Post-Dispatch he led an interesting and dangerous life:

Mr. Dudman’s career in journalism lasted more than three quarters of a century. He was in Dallas when President John F. Kennedy was assassinated and, after oversleeping and missing a flight back to Washington, dropped by the police station where Lee Harvey Oswald was being held and watched as he was gunned down by Jack Ruby.

He covered other wars all over the world, including Vietman. He was responsible for the P-D publishing part of the Pentagon Papers. In 1970, he and two other journalists were taken hostage by the Vietcong and spent 40 days as prisoners before being released.

In 1978, he and two other journalists got an “interview” with Pol Pot (though the “interview” was more like Pol Pot haranguing them through translators for several hours). Then someone tried to kill the three journalists.

He had a motto: “Reporter who sits on hot story gets ass burned.”

David E. H. Jones passed away a few weeks ago. That name may ring a small bell for some of you: he was a chemist and professor, as well as a professional writer.

Dr. Jones, who died at 79 on July 19 in Newcastle upon Tyne in northeastern England, wrote hundreds of irreverent columns about Daedalus for two sacrosanct journals: New Scientist, in a column named for Ariadne, the mistress of the labyrinth, and Nature, in a column called Daedalus.

Back in the old days, I used to spend time in the university library reading New Scientist, and Dr. Jones’s column was always the first thing I flipped to.

Obit watch: August 5, 2017.

Saturday, August 5th, 2017

Mark White, former Texas governor.

Bagatelle (#5).

Tuesday, June 20th, 2017

Could it be…SATAN?!

No. Actually, it wasn’t Satan at all. It was mass hysteria and a doctor who made a mistake.

I’ll throw this in just for fun: if you are a “dancer” who performs “in paint, latex, wax, gel, foam, film and coatings”, are you a nude dancer in the eyes of the law?

And why does it matter? Because clubs with “fully nude” dancers have to collect a state-mandated $5 entry fee.

…n January 2017 the comptroller amended its rules to include clubs that employ latex and paint-covered dancers as sexually oriented businesses.