Posted on 10/08/2008 5:33:34 AM PDT by pkajj
Backe among 11 cited at bar ‘riot’ By Chris Paschenko The Daily News Published October 6, 2008
GALVESTON — Police arrested 11 people, including Houston Astros pitcher Brandon Backe and a FEMA official, at a disturbance at a Galveston hotel bar early Sunday.
However, one witness said police used force on people who were offering no resistance to police.
“It’s blatantly obvious — this was the fault of the Galveston Police Department,” said Dennis Byrd, the owner of a seawall restaurant.
Byrd said Backe’s treatment by police couldn’t be justified.
It was not clear Sunday night how or whether that complaint would be investigated.
Galveston City Manager Steve LeBlanc said Sunday that Backe was among those arrested at H20, a bar at the San Luis Hotel on the seawall, after a wedding at the nearby Galveston Island Convention Center. Police also arrested members of the wedding party.
Police Capt. Walter Braun said Backe was charged with interfering with a police officer and has a warrant for resisting
arrest. Both charges are misdemeanors.
One police officer arriving at the bar, which was at the scene of a gathering after the wedding, described the scene as a riot.
According to police reports released Sunday night, Lt. Joel Caldwell said he arrived at the bar and saw seven to 10 people fighting.
Caldwell ordered officers to empty the bar, as a citywide curfew was in effect after Hurricane Ike. The curfew runs from midnight to 5 a.m.
Officers formed a line and escorted people out of the bar, but new fights broke out, Caldwell said.
“I would estimate the crowd at the bar at approximately 200,” Caldwell wrote in a police statement. “I would describe the scene as a riot.”
Backe Confronted By Police
Officer Nicholas McDermott’s report accused Backe of refusing to follow police orders and of trying to maneuver closer to the scene inside the bar.
“I then proceeded to give Brandon several verbal warnings to get back and leave the area,” McDermott wrote. “Brandon continually replied using profanity stating that we had enough room and didn’t need to back up.”
McDermott said he feared Backe’s refusal to obey commands would incite the crowd.
“…I grabbed a hold of the front of Brandon’s shirt and then turned his body around while leaning his chest up against the wall,” McDermott wrote. “But as I attempted to handcuff Brandon, he pulled away from me.”
McDermott said he took Backe to the ground in a bushy area near the outdoor bar.
Other officers assisted McDermott in the struggle.
“…I observed Brandon get back onto both his knees and hands and attempt to get up again,” McDermott wrote. “I then administered approximately two closed hand strikes to Brandon’s facial area.”
Officers were able to gain control of Backe, McDermott wrote, and he escorted Backe to his police car after the crowd cleared.
McDermott said he could smell alcohol on Backe’s breath. McDermott also said he suffered a small cut to his nose and could feel blood running down it, and he said he suffered scrapes to his knees and an elbow.
Police reported dried blood on Backe’s nose. They also reported Backe had swelling on both sides of his face near his eyes. Police photographed his injuries.
Witness Discounts Police
However, Byrd, who owns The Spot, disputed the police officers’ accounts of the arrest.
“It was utter chaos,” Byrd said. “The wedding ended roughly at 11 p.m., and shortly thereafter we proceeded to the San Luis. Some of the wedding party stayed there.”
Byrd said he saw Backe obey police orders and place his arms in the air.
“He repeatedly said, ‘OK, I’m cool,’” Byrd said. The shifting crowd forced Backe to move, and then police arrested him, Byrd said.
Byrd said: “This didn’t happen to Dennis Byrd. This happened to a person people know, who’s hosted charity events and is in the spotlight. There is no justification. He wasn’t looking for trouble.”
Felony Charges
Police Chief Charles Wiley said Sunday that information on the arrests would be made public as soon as the police reports were prepared. However, he declined further comment.
After 7 p.m., police released 74 pages of reports and affidavits.
Galveston County Criminal District attorney Kurt Sistrunk said Cole O’Balle, a member of the wedding party, faces felony charges stemming from the brawl.
Police charged O’Balle with three counts of assault on a public servant and one charge of retaliation.
Police said O’Balle entered the pool area of the bar with an alcoholic beverage.
Officer Christopher Sanderson wrote that when he tried to talk to O’Balle, he was surrounded by people who interfered with his investigation.
Sanderson accused O’Balle of punching him in the chest and of hitting another officer in the face.
Sanderson said he struck O’Balle in the arms and legs several times with a baton. Sanderson said the blows had little effect, and he used pepper spray.
Police also used a Taser, a device that delivers an electrical shock, on O’Balle before he was taken into custody.
O’Balle was treated at the scene for a cut on the head. A medical helicopter flew him to Memorial Hermann Hospital in Houston because the University of Texas Medical Branch wasn’t fully operational after the hurricane.
Attempts to get information on O’Balle’s condition were unsuccessful.
FEMA Official Charged
Caldwell said during the melee he saw Jaime E. Forero Jr. refuse an officer’s order to leave the scene.
“He identified himself to me as the ‘director of FEMA operations,’” Caldwell stated in his report.
Caldwell reported he removed Forero’s identification with the Federal Emergency Management Agency, and Forero continued to try to pull away from police before he was placed in a patrol car.
“Forero stated we were making a huge mistake, and we would both be without jobs in the morning,” Caldwell reported.
Police charged Forero with failure to obey an officer.
Backe was released on bond.
Of course. They are also to fault for all of our prisons being full.
Glad to see Galveston is back in business.
Where was Ray Knight?
What about the FEMA official?
“I then administered approximately two closed hand strikes to Brandon’s facial area.”
No matter how you say it, you punched the guy in the face. Trying to put pretty words to it just makes you look like you’re trying to hide something.
Brandon Bache is not one of your usual pro athlete jerks. In case you haven’t noticed, the Astros are one of the few pro teams whose players make the nightly news ONLY because they have a habit of forgetting to bring their ball playing skills to the stadium. Players on this team who have other problems aren’t around very long.
They're having weddings in Galveton now? The San Luis Hotel is open? Wow.
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