Posted on 11/20/2002 10:46:49 AM PST by No Truce With Kings
A Harris County grand jury today will begin considering whether police handling of a mass arrest -- which already has led to lawsuits against the city of Houston and the suspension of 13 police supervisors -- also deserves criminal indictments.
Public outcry was swift and furious after more than 270 people were arrested Aug. 18 in a Kmart parking lot in the 8400 block of Westheimer on the west side. Many who were caught in the roundup said they were customers at the Kmart or a nearby Sonic drive-in restaurant.
City officials later dropped all trespassing and curfew charges resulting from the arrests.
The city still faces millions of dollars in potential damages from the incident, however. To date, two lawsuits and 89 claims for damages have been filed by people caught up in the raid, said Robert Cambrice, a senior assistant city attorney. One lawsuit later was withdrawn.
Thus far, no police officers have been charged with wrongdoing for the nighttime sweep, which was launched in response to complaints about illegal drag racing.
The grand jury today will begin reviewing the arrests and how the raid was carried out to determine whether any officers broke the law, said Tommy LaFon, a prosecutor with the district attorney's police integrity division.
Grand jurors also will review the findings of an independent investigation by the district attorney's office, said District Attorney Chuck Rosenthal.
So far, 10 witnesses have been subpoenaed to appear before the grand jury, including people who were arrested in the sweep and police officers who later were suspended, LaFon said. An HPD internal affairs officer who investigated the incident, but did not participate in the raid, also has been asked to appear, he said.
More witnesses may be subpoenaed, including some who have never given statements on the case, LaFon said.
The grand jury probe may take two to three weeks, Rosenthal estimated. He declined to say whether his office is recommending any charges.
"I have not seen all the evidence," he said, "but from what I've seen, I would not be surprised if a grand jury indicted some people."
The Kmart arrests sparked the largest internal affairs investigation in Houston Police Department history.
More than 60 officers gave statements as part of that inquiry, and the Houston Police Officers Union spent 350 man-hours helping those officers and preparing sergeants subpoenaed to appear before the grand jury, said union president Hans Marticiuc.
The officer who ordered the raid, Capt. Mark Aguirre, a 23-year HPD veteran, was suspended with pay because of allegations that he tried to influence other officers' statements to investigators about the incident.
Twelve other supervisors involved in the sweep -- a captain, two lieutenants and nine sergeants -- also remain on leave with pay, Marticiuc said.
No other officers involved in the raid have been placed on leave since then.
Prosecutors would not identify the officers scheduled to appear before the grand jury, but Aguirre is not among them, said his lawyer, Terry W. Yates.
Marticiuc said he has been told four police supervisors are "possible targets" of the district attorney's investigation, but prosecutors would not comment. Marticiuc said he anticipates that the attorneys for those four will not allow them to appear before the grand jury.
"We can make the presumption that those who are going in front of the grand jury are going in as witnesses and not targets of the investigation," he said.
The police union expressed concern that the grand jury reviewing the case was impaneled only two weeks ago.
"We wanted a very seasoned grand jury to hear this," Marticiuc said.
Chronicle reporter Matt Schwartz contributed to this story.
(Who guards against the guardians -- if my Latin is correct.)
I guess the grand jury.
A pig latin answer to a worry the Roman pig elites would have had.
270 people drag racing in a Kmart parking lot? This whole thing stinks.
Do not question our methods!
the original raid was to crack down on street racers and loiterers. here's an article describing the purpose of the raid. (post 30 in that thread has links to many other threads here discussing it.)
But who guards the guards themselves? Juvenal, Satire VI
We're lucky nobody got killed.
do you know if this includes those who had already pled guilty so they could go home that evening?
and on a similiar note, what of the people who were arrested previously at the coney islander? did they get the charges dropped and are any of the lawsuits from them?
(Who guards against the guardians -- if my Latin is correct
US Constitution Ammendment II.
LOL. Oh yes it does!! Just two stickers will add a good 35-40 HP. Ask any import driver.
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