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Officers brace to be fired in Kmart raid case
Houston Chronicle ^ | Jan. 25, 2003 | RACHEL GRAVES

Posted on 01/25/2003 8:07:03 AM PST by Houmatt

Two police officers involved in the Kmart raid in which nearly 300 people were arrested are likely to be fired Tuesday, their lawyer and a union representative say.

The lawyer for Capt. Mark A. Aguirre, who ordered the raid, and for Sgt. Ken Wenzel said the Houston Police Department should wait to decide whether to fire them until after the two go to trial this summer on charges of official oppression.

Instead both are scheduled for hearings, at which it will be determined whether they should be fired Tuesday.

"Most people who have loudermill hearings get fired," lawyer Terry W. Yates said.

"They should allow us to have our day in court," he said. "They're rushing to judgment."

HPD spokesman Robert Hurst said the department is following proper procedures.

"Mr. Yates is fully aware of what the Houston Police Department disciplinary process is," he said.

Aguirre and Wenzel were indicted last month on five counts each of official oppression for the Aug. 18 sweep of a Kmart parking lot. The raid was intended to crack down on drag racing, but when no one was found drag racing, officers arrested hundreds on charges of trespassing and curfew violations.

Thirteen police officers were suspended with pay and all the trespassing and curfew violations dropped. No charges were filed against the other 11 officers implicated in the incident.

More officers are scheduled for hearings, Hurst said, but he said he did not know how many, who or when the hearings would be held. Hurst declined to comment further because the issue is a disciplinary matter.

Hans Marticiuc, president of the Houston Police Officers Union, said he expects Aguirre and Wenzel and possibly two more officers to be fired.

Acting Police Chief Timothy Oettmeier will report to City Council on Wednesday the results of an internal investigation of the Kmart incident.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; News/Current Events; US: Texas
KEYWORDS: donutwatch; houstonpolice; kmartraid; persecution; politics
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A question FOR TEXAS FREEPERS ONLY:

Have you ever heard of police officers being fired before they have had their day in court?

Because I certainly don't, and considering the timing of this (that it would come shortly after Bradford's purjury case was thrown out), I hardly believe it is a coincidence.

1 posted on 01/25/2003 8:07:04 AM PST by Houmatt
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To: Houmatt
Cant answer your question but, you and doggone posted the exact same article at the exact same time.
I smell a conspiracy. ;^)
2 posted on 01/25/2003 8:13:27 AM PST by dtel (Texas Longhorn cattle for sale at all times. We don't rent pigs)
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To: Houmatt
These officers are in big trouble, and they should be. Their actions demonstrated unjustifiable overkill. They should have simply cleared the lot and ran a chain across the entrances to keep the lot clear for the rest of the night.

If that lot is a constant problem, then they should run a chain after K-mart's closing time every Fri and Sat eves. That's what reasonable police departments do all over the country (and in my area specifically).

These officers sound like they ran off half-cocked and someone above them has to make an example. Shit always flows downhill in these cases. These two cost their department big bucks and brought ill will from the public. Their political superiors will undoubtedly kick their butts.

3 posted on 01/25/2003 8:30:30 AM PST by Ciexyz
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To: *Donut watch
http://www.freerepublic.com/perl/bump-list
4 posted on 01/25/2003 8:37:06 AM PST by Free the USA (Stooge for the Rich)
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To: Houmatt
Have you ever heard of police officers being fired before they have had their day in court?

Sure. Since when is it required to have a court case before you fire someone?

It's not and it would be ridiculous to expect it. Even the unions haven't tried that crazy argument.

5 posted on 01/25/2003 9:22:36 AM PST by Dog Gone
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To: No Truce With Kings; niki
ping
6 posted on 01/25/2003 11:31:12 AM PST by Dog Gone
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To: Houmatt
Good, now, where is the prosecution for the various federal and state laws these pigs must have violated?
7 posted on 01/25/2003 11:48:34 AM PST by PatrioticAmerican (Let's all pay our fair share...make the poor pay taxes! They pay nothing!)
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To: Houmatt
There a small but obnoxiously vocal minority here that hate the police.

They have obsessed over this case, saying it was a Nazi takeover ad nauseum.

All the while others, such as myself calmly stated that if the officers had done wrong it would be investigated and addressed.

That is exactly what happened.

Nazis didn't take over. The sky was not falling.

8 posted on 01/25/2003 12:41:44 PM PST by tallhappy
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To: Houmatt
Have you ever heard of police officers being fired before they have had their day in court?

Yes, I most certainly have...he was a veteran with 15 years service with a large department.

9 posted on 01/25/2003 12:45:46 PM PST by neutrino (Audaces fortuna juvat)
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To: Houmatt
Sure. Breaking the law and breaking police department rules are two different things.

They can be fired now, and then later, may or may not be fined or jailed after the trial.
10 posted on 01/25/2003 2:33:42 PM PST by chaosagent
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To: Houmatt
"Have you ever heard of police officers being fired before they have had their day in court?"

Happened in Palestine, Tx, when I lived there. One police officer got some nude photos of another officer, and began distributing them to co-workers. They fired the distributor, but not the photographee. The officer that was distributing the photos was mad at the other officer and her husband, got the photos improperly, and neither the city council or the police chief was happy.

The woman sued the city for invasion of privacy -- since a city official was distributing the photos -- and won some money. (Another reason the city was unhappy, but they fired the guy well before the civil suit was filed.) It was one of those things that only seems to happen in small East Texas towns, but seems to happen quite often there.

Palestine was also the place where an Anderson County Constable got fired *after* being accused of raping female prisoner he was transporting Dallas, but *before* he was tried for the crime. Of course, the trial he had pending for pedophilia (he was accused and later convicted of having sex with a pre-teen niece) might have influenced that decision. . .
11 posted on 01/25/2003 3:07:45 PM PST by No Truce With Kings (It's not a wonder so many mysteries are set in rural Texas -- there are so many true plots to use.)
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To: Dog Gone
Then they certainly should be able to have their jobs back once they are acquitted, right?
12 posted on 01/25/2003 3:32:41 PM PST by Houmatt (The OTHER Axis of Evil: The ACLU, Planned Parenthood, the NEA, and the Rats.)
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To: PatrioticAmerican
Funny, I have not seen anything about pigs violating any laws. Do you have a source?
13 posted on 01/25/2003 3:35:01 PM PST by Houmatt (The OTHER Axis of Evil: The ACLU, Planned Parenthood, the NEA, and the Rats.)
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To: Houmatt
Washington artwork defaced at Met

Former employee of museum is charged in tampering with painting

NEW YORK -- The famous oil painting of George Washington crossing the Delaware River was vandalized at the Metropolitan Museum of Art, allegedly by a former museum employee who glued on a computer image depicting a fake view of the World Trade Center attack.

Emanuel Leutze's 1851 Washington Crossing the Delaware was quickly cleaned after last Saturday's incident.

"Conservators were brought to the scene within 15 minutes" after the painting was defaced, museum spokesman Harold Holzer said Friday. "It didn't leave any damage."

Holzer said the suspect, Robert Gray, 41, was a security guard who had worked briefly for the museum and for its upper-Manhattan branch, the Cloisters.

Gray managed to elude security guards but he was recognized when he returned there Thursday afternoon, Holzer said.

Police said Gray was charged with felony criminal mischief.

Holzer said the computer image glued onto the painting showed a phony photo of a man standing at the trade center with a jet flying toward it. The paper, about 8 by 11 inches, was affixed with a water-soluble glue to the bottom right corner of the huge 12-foot-by-20-foot painting.

The painting's famous Revolutionary War scene depicts Washington's attack on Hessian mercenaries at Trenton on Dec. 25, 1776. It shows Washington standing in a boat and James Madison holding an American flag as they're rowed across the Delaware.

The Met purchased the painting the same year it was painted, for the then-enormous sum of $10,000.

The painting is the second version the German-American artist painted of the historic event. The first version was damaged in his studio during a fire in 1850. It was restored, but was later damaged again.

-----

When I read this story, I finally realized what the likes of Dog Gone et al were trying to tell me.

In this particular case, for example, I can now clearly see and understand how Robert Gray was, in fact, not doing anything wrong. I certainly hope the city of New York does the right thing and prosecutes the arresting officers to the fullest extent of the law.

14 posted on 01/25/2003 3:43:11 PM PST by Houmatt (The OTHER Axis of Evil: The ACLU, Planned Parenthood, the NEA, and the Rats.)
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To: Houmatt
The famous oil painting of George Washington crossing the Delaware River was vandalized at the Metropolitan Museum of Art, allegedly by a former museum employee who glued on a computer image depicting a fake view of the World Trade Center attack.

...

Holzer said the computer image glued onto the painting showed a phony photo of a man standing at the trade center with a jet flying toward it.

You gotta be effing kidding!


15 posted on 01/25/2003 3:46:51 PM PST by Liberal Classic (Quemadmoeum gladis nemeinum occidit, occidentis telum est.)
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To: Houmatt
"Then they certainly should be able to have their jobs back once they are acquitted, right?"

Absolutely not!

What these officers did was criminal, and outrageous, and they are not fit to be police officers. Whether they are able to get some 'OJ' jury to acquit them is irrelevant.

16 posted on 01/25/2003 4:00:06 PM PST by editor-surveyor (Best policy RE: Environmentalists, - ZERO TOLERANCE !!)
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To: Houmatt
Then they certainly should be able to have their jobs back once they are acquitted, right?

No, not in the least. I don't even begin to understand your mindset in this matter.

You are not entitled to keep your job until you're convicted or acquitted of a crime. You get to keep it until you don't do your job appropriately.

These folks who planned this raid should not be working for a police department ever again. It's no fair to the citizens to plant NO TRESPASSING signs on someone else's private property to provide a cover story for arresting them.

It's no fair to arrest everyone in sight without regard to the reason for their presence there.

You and I have gone round and round on this. So far, things are working out like I hoped they would.

The arrestees have all been let go. Their arrest records are being expunged. Those in charge are being fired, and they are being prosecuted.

This is how it should be.

I am not anti-cop. I'm not in favor of crowds gathering near your house on Saturday night and bothering you. I am in favor of laws being observed, by citizens and by cops. When they are not, people should face the consequences.

17 posted on 01/25/2003 4:34:02 PM PST by Dog Gone
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To: Houmatt
When I read this story, I finally realized what the likes of Dog Gone et al were trying to tell me.

That's total BS, Houmatt. You are setting a phony straw man argument, and saying that it's what I'm stating.

If this is what you think I've been saying, you have some serious problems. Like, ability to understand common english. Or logic.

18 posted on 01/25/2003 4:42:16 PM PST by Dog Gone
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To: tallhappy
All the while others, such as myself calmly stated that if the officers had done wrong it would be investigated and addressed.

You are such a hero.

19 posted on 01/25/2003 5:05:17 PM PST by Dog Gone
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To: Dog Gone
Look, I know what you have been trying to tell me. You have been saying none of those arrested did anything wrong, despite facts that have been presented and never refuted.

Apparently you seem to think that unless the property owner specifically objects to a person's criminal behavior, that is the same as consent. But it does not work that way. You know that, I know that. There is no need, rhyme or reason to be disingenuous about it.

20 posted on 01/25/2003 8:05:38 PM PST by Houmatt (The OTHER Axis of Evil: The ACLU, Planned Parenthood, the NEA, and the Rats.)
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