Posted 10:24 pm Tuesday, September 04, 2007
Breaking the Badge
East Texas Authorities Trying To Stop Corrupt Cops
By KENNETH DEAN
Staff Writer
Flashing lights of a police cruiser penetrate the darkness. A motorist pulls over, with a feeling of foreboding as the officer approaches. He wonders: is this a good cop or a bad cop?
The American public has seen videos of police beating suspects, heard stories of women raped by officers on duty and testimony that officers have used their positions for monetary gain through corruption.
They are sworn to protect and serve the public and to uphold the laws of the land, but who polices the officers living outside the law? Who holds bad officers to task and who prosecutes them?
Good cops say they police their own, but they do need the public’s help to know when an officer goes from honoring the law to breaking it. Prosecutors say they will seek the toughest penalties for the crimes committed.
“It just sickens me when I pick up the newspaper and see where another officer has been arrested,” FBI Special Agent Peter Galbraith said. “We all work hard to gain the public’s trust and these bad cops tear us all down. They tarnish the badge.”
Staff Writer
Flashing lights of a police cruiser penetrate the darkness. A motorist pulls over, with a feeling of foreboding as the officer approaches. He wonders: is this a good cop or a bad cop?
The American public has seen videos of police beating suspects, heard stories of women raped by officers on duty and testimony that officers have used their positions for monetary gain through corruption.
They are sworn to protect and serve the public and to uphold the laws of the land, but who polices the officers living outside the law? Who holds bad officers to task and who prosecutes them?
Good cops say they police their own, but they do need the public’s help to know when an officer goes from honoring the law to breaking it. Prosecutors say they will seek the toughest penalties for the crimes committed.
“It just sickens me when I pick up the newspaper and see where another officer has been arrested,” FBI Special Agent Peter Galbraith said. “We all work hard to gain the public’s trust and these bad cops tear us all down. They tarnish the badge.”
NATIONAL PROBLEM
In the past two years, 13 officers in East Texas have been arrested on charges ranging from corruption where officers tampered with evidence to at least two officers who, while on duty, allegedly sexually assaulted women they had taken into custody.
Even when an officer is not arrested on charges, he can be dismissed from a department for code of ethics or departmental violations. Such was true with a former Tyler police officer terminated for typing racial slurs on his patrol unit’s laptop several years ago. The officer lost an appeal and Tyler Police Chief Gary Swindle said at the time he believed the Civil Service Board made the right decision in the case and stood behind his stance on unacceptable behavior in officers.
“We as officers are expected to be held at a higher standard,” he said. “In this department we police ourselves and ask that the citizens also police us. We want to know if an officer is doing anything wrong.”
A closer look shows the problem with bad cops exists nationwide. But how can it be stopped?
Timothy Braaten, Texas Commission on Law Enforcement Officer Standards and Education executive director, said part of the problem is that departments are not giving enough information to inquiring departments interested in hiring an officer. He said this is the reason bad cops and “gypsy cops” can move so easily between multiple departments in a short time.
“It is a bit scary, but I think we’ve found the enemy and it is us,” he said in January’s edition of the agencies’ publication Closer Look. “We refuse to take a stand and tell our cities, counties and elected officials that we need to require quality work history releases that are signed by the applicants and that we need to respond totally and completely to properly executed releases from other agencies.
Even when an officer is not arrested on charges, he can be dismissed from a department for code of ethics or departmental violations. Such was true with a former Tyler police officer terminated for typing racial slurs on his patrol unit’s laptop several years ago. The officer lost an appeal and Tyler Police Chief Gary Swindle said at the time he believed the Civil Service Board made the right decision in the case and stood behind his stance on unacceptable behavior in officers.
“We as officers are expected to be held at a higher standard,” he said. “In this department we police ourselves and ask that the citizens also police us. We want to know if an officer is doing anything wrong.”
A closer look shows the problem with bad cops exists nationwide. But how can it be stopped?
Timothy Braaten, Texas Commission on Law Enforcement Officer Standards and Education executive director, said part of the problem is that departments are not giving enough information to inquiring departments interested in hiring an officer. He said this is the reason bad cops and “gypsy cops” can move so easily between multiple departments in a short time.
“It is a bit scary, but I think we’ve found the enemy and it is us,” he said in January’s edition of the agencies’ publication Closer Look. “We refuse to take a stand and tell our cities, counties and elected officials that we need to require quality work history releases that are signed by the applicants and that we need to respond totally and completely to properly executed releases from other agencies.
A BAKER'S DOZEN
These 13 officers have been arrested and charged with a variety of crimes. Some have been convicted and sentenced while others are awaiting trial. There are other officers currently being investigated across the region.
Former Malakoff Police Department Officer Horace Anthony Poullard has been charged, but not convicted, of sexually assaulting a woman in custody. FBI officials believe there could be more victims.
Former Jacksonville Police Department Officer Larry Pugh was convicted of sexually assaulting women in custody and perjury.
Former Troup Police Chief Chester Kennedy and former Officer Samuel Mark Turner were both convicted of tampering with evidence in a corruption probe.
Authorities believe it was common practice for officers in the department to “accept money and drugs as bribes to cover up criminal offenses for individuals,” according to a search warrant affidavit. Kennedy was sentenced to 10 years in prison after he was found guilty of stealing and tampering with evidence seized by his department. Turner was sentenced to three years in prison.
Randall “Randy” Lee Thompson, a former Cherokee County Pct. 3 constable and former Texas prison guard, was caught on tape discussing the sale of methamphetamine, as well as threatening to kill or hurt others, including law enforcement officers, traveling to Mexico and planning other illegal activities.
He pleaded guilty to distributing 108 grams of pseudoephedrine to a confidential witness working for the FBI.
Former Rusk County Sheriff’s Chief Dusty Flanagan and former Lt. Johnny Leon Davidson Jr. both pleaded guilty to deprivation of rights under the color of law — assaulting and causing bodily injury to a man handcuffed in Flanagan’s office, depriving him of his constitutional rights, including excessive force and abusing his authority as a deputy. They each face up to 10 years in prison.
Former Rusk County Sheriff’s Investigator Michael Wayne Davis pleaded guilty in July of this year to insurance fraud. He was sentenced to two years deferred adjudication, community supervision and fined $2,000.
Kenneth Calvin Martin, a former Rusk County Sheriff’s deputy, was arrested for possession of child pornography on the patrol car’s laptop. He pleaded guilty to the charges in federal court last week and awaits sentencing.
Smith County Jailer Kenya Nicole Bush, while in her capacity as a jailer, provided a photograph to a suspect in a murder for hire conspiracy of a confidential informant the man planned to have killed. She also gave the suspect the informant’s last known address and information of his movement within the jail. Ms. Bush communicated with the suspect via cell phones, which inmates are not allowed to possess.
Smith County Jailer Shermeka Lagarde, charged with providing a cell phone to an inmate she became romantically involved with. She faces the felony charge of bringing a prohibited substance into a correctional facility.
Former Smith County Probation Officer Wayne Keller was arrested on three counts of official oppression in May 2006 following alleged inappropriate treatment of a female probationer. The victim described the incident as an unwelcome sexual advance that left her shaken.
James Finch, former Van Zandt County Sheriff’s investigator, was sentenced in July to 10 years in prison for aggravated assault, one year in prison for deadly conduct, five years in prison for aggravated sexual assault, two years in prison for unlawful restraint, 30 days in a county jail for criminal trespassing and 180 days in prison for endangering a child. The incident involved his ex-wife.
Authorities believe it was common practice for officers in the department to “accept money and drugs as bribes to cover up criminal offenses for individuals,” according to a search warrant affidavit. Kennedy was sentenced to 10 years in prison after he was found guilty of stealing and tampering with evidence seized by his department. Turner was sentenced to three years in prison.
He pleaded guilty to distributing 108 grams of pseudoephedrine to a confidential witness working for the FBI.
SMALL PORTION OF TOTAL CRIME
While the cases shock the public and community leaders often scream that corruption fills entire departments, police say they want to be treated fairly.
“The percentage of officers committing crimes is very minute compared to the total number of crimes committed in the general population,” Galbraith said. “It’s just that officers are expected to live up to their oaths and when they don’t, well it garners attention.”
Texas Ranger Kenney Ray, Ranger for Smith, Rusk and Van Zandt counties, said he receives between 10 and 15 calls per month about officers, but most are people upset they were ticketed for some type of violation. He said that in seven years as a Ranger he has only worked 10 cases in his counties that were credible.
“I don’t know the driving force behind officers committing crimes, but it tends to be rare to the totality of crimes committed each day,” he said.
Ray said small departments need to police their own and not involve his office unless a preliminary investigation has uncovered criminal wrongdoing.
“(The Rangers) are not internal affairs,” he said. “We investigate criminal cases and we only get involved when an officer is accused of committing a crime under the Texas Penal Code.”
Galbraith said the same applies for people calling the FBI and that his agency does not investigate administrative issues within a department.
Ray said he has investigated several cases where an officer was accused of a crime and tried to evoke sympathy based on ‘the brotherhood of the badge.”
“If an officer steps across the line and broke the law then they have gone from the brotherhood to being a crook and I am a law enforcement officer and I am going after them,” he said.
Ray said one reason bad cops bounce around from department to department is because most officers in East Texas are paid poorly.
“Sometimes these bad officers bounce around the system until they get caught,” he said. “The truth is that most officers do this job to make a difference and these fine men and women are pulled down by the actions of one bad cop.”
“The percentage of officers committing crimes is very minute compared to the total number of crimes committed in the general population,” Galbraith said. “It’s just that officers are expected to live up to their oaths and when they don’t, well it garners attention.”
Texas Ranger Kenney Ray, Ranger for Smith, Rusk and Van Zandt counties, said he receives between 10 and 15 calls per month about officers, but most are people upset they were ticketed for some type of violation. He said that in seven years as a Ranger he has only worked 10 cases in his counties that were credible.
“I don’t know the driving force behind officers committing crimes, but it tends to be rare to the totality of crimes committed each day,” he said.
Ray said small departments need to police their own and not involve his office unless a preliminary investigation has uncovered criminal wrongdoing.
“(The Rangers) are not internal affairs,” he said. “We investigate criminal cases and we only get involved when an officer is accused of committing a crime under the Texas Penal Code.”
Galbraith said the same applies for people calling the FBI and that his agency does not investigate administrative issues within a department.
Ray said he has investigated several cases where an officer was accused of a crime and tried to evoke sympathy based on ‘the brotherhood of the badge.”
“If an officer steps across the line and broke the law then they have gone from the brotherhood to being a crook and I am a law enforcement officer and I am going after them,” he said.
Ray said one reason bad cops bounce around from department to department is because most officers in East Texas are paid poorly.
“Sometimes these bad officers bounce around the system until they get caught,” he said. “The truth is that most officers do this job to make a difference and these fine men and women are pulled down by the actions of one bad cop.”
REBUILDING TRUST
Jacksonville Assistant Police Chief John Page said his department was rocked by the Pugh scandal, but said the community has stood behind their police.
“Chief Reese Daniel has done a fantastic job since he’s been here and the community support has been incredible,” he said. “This department has done a 180 degree turnaround since our problems.”
Page said the department has enacted new safety measures to ensure against another Pugh and officers know superiors will be checking on them on a regular basis.
“It’s not that we are indicating there is a problem or we are picking on an officer, but if I hear an officer working a domestic dispute in the middle of the night that officer may look over his shoulder and see me there watching how he handles the situation,” he said. “It just lets them know that we are watching our officers.”
Page and other chiefs said the public is more than welcome to report officers, but they also stressed that filing a false report is a crime they will seek charges for.
“We want the public to assist us, but we don’t want to have an officer accused of a crime if it isn’t true,” he said. “If a person makes a false report then we will arrest them.”
Ray suggests that when an officer does cross the line, the department be upfront with the public.
“Don’t sweep this stuff under the rug,” he said. “There are bad cops just like there are bad people in every profession. Ferret the bad officer out and share this with the public. This helps regain that trust if the public knows their police department is watching their own officers.”
Galbraith agreed and said a bad officer should be labeled and not allowed to move from one department to another.
“We in law enforcement want officers who have honor and integrity and most do, but occasionally a bad apple will get in the bunch,” he said. “But as I tell my children if you need help or are in trouble call a police officer. We expect officers to live up to the oath and the majority does every day.”
“Chief Reese Daniel has done a fantastic job since he’s been here and the community support has been incredible,” he said. “This department has done a 180 degree turnaround since our problems.”
Page said the department has enacted new safety measures to ensure against another Pugh and officers know superiors will be checking on them on a regular basis.
“It’s not that we are indicating there is a problem or we are picking on an officer, but if I hear an officer working a domestic dispute in the middle of the night that officer may look over his shoulder and see me there watching how he handles the situation,” he said. “It just lets them know that we are watching our officers.”
Page and other chiefs said the public is more than welcome to report officers, but they also stressed that filing a false report is a crime they will seek charges for.
“We want the public to assist us, but we don’t want to have an officer accused of a crime if it isn’t true,” he said. “If a person makes a false report then we will arrest them.”
Ray suggests that when an officer does cross the line, the department be upfront with the public.
“Don’t sweep this stuff under the rug,” he said. “There are bad cops just like there are bad people in every profession. Ferret the bad officer out and share this with the public. This helps regain that trust if the public knows their police department is watching their own officers.”
Galbraith agreed and said a bad officer should be labeled and not allowed to move from one department to another.
“We in law enforcement want officers who have honor and integrity and most do, but occasionally a bad apple will get in the bunch,” he said. “But as I tell my children if you need help or are in trouble call a police officer. We expect officers to live up to the oath and the majority does every day.”
