Civil Service Commission Minutes - 06/24/1983 1 MEETING OF THE
` WICHITA FALLS FIREMAN ' S AND POLICEMAN ' S
2 CIVIL SERVICE COMMISSION
3
Held at 2 . 00 p .m . on the 24th day of June ,
4
1083 , at City Council Room, Municipal Auditorium
5 Count of Wichita
in the City of Wichita Falls , Y
6
and State of Texas .
7
Re : Suspension of Larry Lane
8
9
MEMBERS OF THE COMMISSION :
10
Mr . Glynn Purtle , Chairman
11
Mrs . Shirley Wood
12
Mr . Moises Garcia
13
Director : Jan Strickland
14
15
A P P E A R A N C E S :
16
Mr . H . P . Hodge
17 Mr . Glynn Williams
City Attorney ' s Office
18 Wichita Falls , Texas
APPEARING FOR THE CITY OF
19
WICHITA FALLS
20
Mr . Hank Anderson
21 Mr . Rosendo Rodriguez
Petroleum Building
22 Wichita Falls , Texas 76301
23 APPEARING FOR OFFICER LARRY LANE
•• 24
25 REPORTED BY : Linda Compton
1 MR . CHAIRMAN : For the record ,
2 we need to state that the Wichita Falls
3 Fireman ' s and Policeman ' s Civil Service
4 Commission is now convened on this date
5 and all members of the Commission are
6 present , as is the Director of the Civil
7 Service Commission , and the Commission is
8 convened for the purpose of hearing the
9 appeal of Officer Larry Lane , who has been
10 heretofore suspended by the Chief of Police
11 and that officer Larry Lane is present
12 and his attorneys , Mr . Rodriguez and Air .
13 Anderson . And that the City is represented
14 by City Attorney Mr . H . p . Hodge and Mr .
15 Glynn Williams , and the Chief of Police
16 is here .
17 is there any -- do you want
18 to make an opening argument about a case?
19 M.R. RODR.IGUEZ : We would
20 like for the Commission to consider the
21 merits of our Motion and .Mr . Anderson
22 will argue our Motion in Limine .
23 MR.. CHAIRMAN : I understand
24 that the Motion in Limine has been agreed
25 t o .
3
1 MR. RODRIGUEZ : Has been granted?
2 MR . CHAIRMAN : No , has been
3 agreed to .
4 D4R. HILLIAMS : with the under-
5 standing that you won ' t use this case as
6 precedent for further cases talking about
7 individuals ' records to determine the
8 punishment -- but , we have no problem in
9 this case .
10
MR . CHAIRMAN : Well , we don ' t
11 promise it , but we ' ll --
12 MR. WILLI.A.r-!S : Well , just let
13 us reargue it the next time it comes
14 around .
15 MR . CHAIRMAN : The point is
16 well made .
17 MR . RODRIGUEZ : May we proceed?
18 MR. CHAIRMAN : Go ahead .
19 MR . RODRIGUEZ : I understand
20 from the Chairman of the Commission that
21 one of the cases that I cited , the City of
22 Laredo vs . Guerrillo has been overruled
23 by the Texas Supreme Court . I was not
24 aware of that .
25 MR. CHAIRMAN : I believe
4
that ' s true •
1
hrtR , RODRIGUEZ ; I believe M_r
2
3
Anderson is callincr back to the of:�ice
to have our associate to check it Out-
4
Nevertheless , we would rely on the City
5 I believe
of San Antonio vs . paulice which
6
has not been overruled unless it was done
7 but
so in this case , the Guerrillo case ,
8
I don ' t believe it has .
9
mhe thrust of our Motion to
10 f_ n r .
Set Aside the indefinite suspension o
11 error
Lane has to do with a fundamental
12 24 ,
in the letter of suspension of May
13 octant Of
1983 and probably the most imp
14 fails
our Potion is that the suspension
15
to allege a violation of a Civil Service
16
rule which is required by Section 16 0
17
Article 1269m . The statute i.s very
18
specific in recruiting that the letter o
19
suspension will allege a violation o a
20 the
Civil Service rule . Now , certainly ,
21
suspension letter alleges a violation o_-
22
a specific section of the Wichita. Falls
23
Police Department rules and regulations
24
manual . The letter further states that
25
5
1 the violation of the department rules and
2
regulations constitutes grounds for
3
indefinite suspension under a certain
4 portion of the Civil Service rule of the
5
City but of course , the Civil Service rule
is not set out either in the title or
6
full text of that rule and no where is
7
there contained in the letter of suspension
8
-- nowhere is there contained in the letter
9
of suspension what this rule of the Civil
10
Service Commission is and neither does the
11
12 letter allege that the section allegedly
violated of the department rules and
13
regulations was adopted as a Civil Service
14
rule by this Civil Service Commission for.
15
the City of Wichita Falls . And taking
16
the most important part of the case of
17
the City of San Antonio vs . Paulice which
18
is a Texas Supreme Court case , the language
19
is as follows : The written statement
20 required to be filed with the Commission -
_
21
and I ' m reading from page 145 , your Honor ,
22
of the City of San Antonio vs . Paulice
23
case -- the written statement required to
24
be filed with the Commission by the
25
6
1 department head when he suspends an
2 officer need, not be highly technical , but
3 Section 16 of Article 1269m does contain
4 a civil requirement , which in our opinion ,
5 should be strictly followed and it goes
6 on to cite the appropriate portion of
7 Article 1269m, Section 16 , your Honor , and
8 I will point out to this Honorable
9 Commission that in the very first part of
10 the opinion written by Justice Hamilton ,
11 the letter of suspension in that case , the
12 Paulice case ,
reads as follows : " if there
13 is probable cause to believe that
14 Detective Investigator Bill Paulice
15 violated certain provisions of the
16 personnel rules of the City of San Antonio ,
17 said rules havina been adopted on July 17 ,
18 1952 by the Fireman ' s and policeman ' s
19 Civil Service Commission as the Civil
20 Service rules for the Fire and police
21 Department in the City of San Antonio . "
22 And , your Honor , on the authority of this
23 case , literal reading of the statute , we
24 respectfully submit to the Commission that
25 the charge stated in the letter from Chief
7
1
Harrelson to Mr . Lane of May 24 , 1983 ,
2 does not suffice as a charging instrument
3 and is fatally defective .
Your Honor , Tyr . Anderson has
4
5 called the office and informed me that
6
the writ history has been considered in
7 the -- and researched in the case of
Laredo vs . Guerrillo -- there is no writ
8
9 history , Mr . Anderson?
MR. ANDERSON : None .
10
MR. RODRIGUEZ : I don ' t know ,
11
12
your Honor , it may have been overruled .
Mr . Phillips has not been able to find it .
13
MR. CHAIRMAN : I believe it ' s
14
15 been real recent .
It ' s my recollection
MR . HODGE :
16
that the Supreme Court wrote on it and
17
18 specifically overruled it .
MR. CHAIRMAN : They turned
19
the opinion around within the past month .
20
MR. RODRIGUEZ : Do you have
21
22 any indication of the City of San Antonio
23 case has been overturned?
M.R. HODGE : No , I wouldn ' t be
24
25 in position to comment on that .
8
MR . RODRIGUEZ : Your Honor ,
1
2 we understand that the definiteness and
3 certainty required in a letter of
4 suspension is not the same as it should be
5 in a criminal indictment or criminal
6
information , for instance , but it ' s a
7
question of fair and proper notice . It
8
even raises , we believe , a question of
9 due process of law . We have so stated
10 in our Motion and we respectfully move
11 the Commission to set aside the indefinite
12 suspension and to immediately reinstate
13 Officer Lane with full rights of
14 compensation because of this error we
15
consider to be fundamental in the charge
16 against him .
MR.. CHAIRMAN : We won ' t hear
17
18 the City on that . We overrule the Motion .
19
You can proceed now to present the case .
MR. RODRIGUEZ : Note our
20
21 exception .
MR. WILLIAMS : We start off_
22
23 by invoking the rule .
MR. CHAIRMAN : The rule has
24
25 been invoked . If there are any witnesses
9
1 to be used by either side , they should
2 come .forward and be sworn by the Court
3 Reporter and give their names to the Court
4 Reporter .
5 (At which time all witnesses
came forward . )
6
7 MR . CHAIRMAN : The rule has
8 been invoked which means you are not to
9 talk to anyone else during the proceedings
10 of this case , recess or any other time ,
11 other than the attorneys representing
12 each side .
13 (At which time the following
witnesses were sworn to tell
14 the truth , the whole truth ,
and nothing but the truth . )
15
16 Lieutenant James Shelton ,
17 Captain W. E . Davis , Ken Coughlin , Bruce
18 Donnell , Vince Ponder , Charles Gates ,
19 Paul Harper , David Terronez (phonetic
20 spelling) , Darrell Bruce , Owen Kraft .
21 MR. CHAIRMAN : For the record ,
22 the Motion in Limine which was agreed to ,
23 is sustained .
24 MR. WILLIAM : Our first witness
25 will be Mr . Kraft .
10
1 OWEN KRAFT ,
2 having previously been sworn to testify to the truth ,
3 the whole truth and nothing but the truth , testified
4 on his oath as follows :
5 DIRECT EXAMINATION
6 BY MR. WILLIAMS :
7 Q, State your name , please .
8 A. Owen Kraft .
9 Q, How are you employed?
10 A. I am employed at the Wichita Falls Country
11 Club .
12 Q Where do you live?
13 A. I live at 612 Burnett Street .
14 Q. In the City of Wichita Falls?
15 A. Yes , sir .
16 Q, On May 20 of this year , did you have
17 occasion to come in contact with an individual you
18 later found out to be Larry Lane?
19 A. Yes , sir .
20 Q. Is he present here today? Do you see him
21 in the Council Chamber?
22 A. No , I don ' t .
23 MR. ANDERSON : I object to
24 the City --
25 MR. WILLIAMS : Okay . Officer
11
1 Lane , will you please stand up?
2 MR.. ANDERSON : I object to
3 that , your Honor , until an identification
4 has been made . I think it ' s improper
5 course of conduct .
6 MR. WILLIAMS : Okay . That ' s
7 fine .
8 MR. CHAIRMAN : I ' ll sustain
9 that , the way it happened .
10 �, (By Mr . Williams ) Mr . Kraft , where were
11 you on Alay 19?
12 A. On the way to the house .
13 Q. What happened then at that time?
14 A. I failed to make a stop at the stop sign
15 and it was raining outside . My car kind of slided .
16 I went through the intersection and the police car
17 that was pulling out in front of me , I tipped the car .
18 g Were you issued a ticket at that time?
19 A. Not at that time . Other officers came
20 to check and see if there was any damage . I think there
21 was a Sergeant there .
22 MR . ANDERSON : I object to
23 the nonresponsive nature of the answer
24 and ask that he respond only to specific
25 questions , if the Commission pleases .
12
1 MR, CHAIRMAN : Okay .
2 MR. ANDERSON : I object to
3 the negative form of the answer .
4 MR. CHAIRMAN : I think that ' s
5 a good objection .
6 Q (By Mr . Williams ) What happened after
7 the accident occurred?
8 A. After the accident and they checked out
9 the damages , no damages was done to my automobile or
10 the policeman ' s car . I was given a ticket for
11 running a red light and my insurance .
12 Q. What happened then?
13 A. Upon getting the ticket for the red light ,
14 I argued with the police knowing that I didn ' t run
15 through the red light -- I was arguing the fact that
16 if I was running through the red light , I was suppose
17 to go through the red light instead of being in the
18 intersection , so he told me that I had run the red
19 light and gave me the ticket any way , so I quit
20 arguing and got in my car and left .
21 0, What happened then?
22 A. When I got in my car and left , I put it
23 in low . The acceleration on my car is pretty rough ,
24 you have to pat it a couple of times and my back
25 wheels spint .
13
Q. What happened then?
2 A. As my wheels spint , I started toward the
3 light at the corner of the police station . When the
4 light turned green , I proceeded and I saw the lights
5 of the police car behind me flashing red and blue .
6 Q. What happened at that point?
7 A. They stopped me and told me to get out
8 and put my hands above my car hood and they was arresting
9 me .
10 Q: What happened then?
11 A. When they arrested me , I asked what was
12 the charge . They said illegal acceleration from the
13 stop .
14 Q, okay . What happened at that point?
15 A. They took me down to the station and I
16 was handcuffed , of course . They took me down to the
17 station and was booking me for the jail , they was
18 processing me for the jail .
19 Q. What happened then?
20 A. When I was being processed for jail , I
21 noticed that the officer -- the arresting officer ,
22 was writing more tickets .. The amount was seven tickets .
23 I was asking him which ones -- what which ones were
24 for and he says , shut your mouth and he was still
25 writing tickets . I still wanted to know and I asked
14
1 him, what are those for and he said , if you don ' t
2 shut your mouth , I ' m going to shut it for you . Well ,
3 he still hadn ' t answered my question , so I ' d still
4 like to know what those other tickets were for and
5 then he hit me in the ribs with his elbow and with
6 his fist and he grabbed my -- I had a hat on . He
7 grabbed my hat and wanted to grab some hair .
8 Unfortunately , I don ' t have enough hair to grab , so
9 he gave up that and grabbed my face . He clinched my
10 face in his hands , dug his fingernails into my right
11 cheek here .
12 Q, Continue , please . Was that the end of
13 it?
14 A. No , it wasn ' t . When he grabbed my right
15 cheek , I could see my skin was under his fingernails
16 and he proceeded to wipe my skin from his fingernails
17 on my shirt . After that , I did shut up .
18 Q. At this time that you were in the jail ,
19 were you handcuffed?
20 A. Yes , I was .
21 Q. Were you cursing?
22 A. I was cursing the situation , not the
23 police officer .
24 Q. Were you loud?
25 A. No , I wasn ' t .
15
Did you attempt to strike an officer?
2 A. No , I didn ' t .
3 0. Did you attempt to kick an officer?
4 A. No , I didn ' t .
5 0. Did you attempt to fight an officer?
6 A. No , I didn ' t .
7 MR. WILLIAMS : Pass the
8 witness .
9 CROSS EXAMINATION
10 BY MR. ANDERSON :
11 Q. Let ' s talk about the accident you had ,
12 Mr . Kraft . How fast were you going?
13 A. I was going the speed limit and that
14 was thirty-five miles an hour .
15 Q. And what were the road conditions?
16 A. The road conditions were wet .
17 Q. All right . Would you tell the jury what
18 happened when you applied your brakes?
19 A. My car slid , I hit some gravel .
20 0. You hit gravel?
21 A. Yes , and my car began to slide .
22 0� Was this a paved roadway?
23 A. Yes , it was .
24 0. Do you have any other mechanical -- any
25 type of mechanical malfunctions with your automobile?
16
1 A. No , sir .
2 Q. Were your brakes in working condition on
3 that occasion?
4 A. Yes , it was .
5 Q. What about your accelerator?
6 A. My accelerator was working just fine .
7 Q. You do not deny having hit the patrol
8 car that Officer Lane was driving?
9 A. No , I do not .
10 Q. You already admitted that you argued
11 with the officer; is that correct?
12 A. Yes , on the .red light incident ,
13 Q. Now , which officer or officers did you
14 argue with?
15 A. His partner .
16 Q, Who is his partner?
17 A. I don ' t know ,
18 O. Was it the fellow that was driving or
19 the .fellow in the right passenger ' s seat?
20 A. It wasn ' t Officer Lane . It was his
21 partner that night .
22 0. Was that other officer rude or abusive
23 to you in any way?
24 A. No , he just continued to argue me down
25 and tell me that I had run a red light .
17
t Q. Were you rude or abusive to that officer?
2 A. No , I wasn ' t .
3 Q, It was still raining after the accident
4 when you were outside talking with this officer ; was
5 it not?
6 A. Yes , it was .
7 Q. And did you at any occasion talk with
8 Officer Lane there at the scene of the accident?
9 A. No , I didn ' t .
10 Q, You never talked with Officer Lane after
11 the accident happened?
12 A. After the accident , yes , but at the
13 scene , no .
14 0, Not at the scene?
15 A. N o .
16 Q, Who wrote the tickets that you told
17 the Commission about?
18 A. Officer Lane .
19 Q, When did he give them to you?
20 A. When I got out of my car and got into
21 his car .
22 Q„ When you got into his car , did you talk
23 with Officer Lane?
24 A. Yes , I did .
25 Q, I thought you just told us you didn ' t
18
talk to Officer Lane?
2 A. That was after the accident .
3 Q. At the scene .
4 A. After the accident .
5 Q. Was it also at the scene?
6 A. Yes , it was . We never left the scene .
7 Q, So , what you told us a minute ago was
8 incorrect?
9 A. What I told you was correct . Who I talked
10 to first was his partner .
11 Q, Tell us what happened as far as the
12 conversation between you and Officer Lane .
13 A. Officer Lane told me that he was giving
14 me a ticket and told me that my -- the ticket for my
15 insurance , if I was to have my policy presented to the
16 people at the Courthouse , that it would be dropped
17 and I did have my policy .
18 Q. Was Officer Lane rude to you?
19 A. No , he wasn ' t .
20 Q. Was he abusive to you?
21 A. No , he wasn ' t .
22 Q, Did he strike you or make any type of
23 contact with you at that point?
24 A. Not in his car , no .
25 Q. How did you exit his car?
19
1 A. I got out .
2 0, What did you do with the door?
3 A. Closed the door .
4 Q. How did you close it?
5 A. I didn ' t slam it .
6 Q. That ' s funny , 'I didn ' t mention anything
7 about slamming .
8 A. Well , I didn ' t slam it . I just closed
9 the door .
10 0, Then what did you do?
11 A. I got in my car , put it in low, patted
12 the accelerator , it stalled
patted it again, the
13 tires spinned .
14
Q, Why did you pat the accelerator?
15 A. Because I know my car has that trouble .
16
Q. I hate to contradict you , but you told
17 us earlier that you didn ' t have accelerator trouble .
18
A. No , you said my brakes .
19 Q. I said both . The Commission will remember
20 what I asked you about .
21 A. Oh , I see . Contradiction . You ' re right .
22 There ' s some problems with my car .
23 Q. How fast did you take off from the
24 standing start there?
25 A. I was just standingthere re spinning , then
21
1 A. Once I was in the police station .
2 Q. Now, as I understand your testimony then ,
3 you got back in the car after the accident and you took
4 off , in what direction did you go?
5 MR. CHAIRMAN : May I interrupt .
6 Can we pick up -- go ahead and pick up
7 coming into the police station with the
8 prisoner . I believe the Commission has
9 the background on how the arrest came to
10 happen .
11 DAR . ANDERSON : Well , there is
12 a couple of points I ' d like to make that
13 the Commission is not aware of .
14 MR. CHAIRMAN : Okay . Summarize
15 them. What are the points? You want to
16 come up here and tell us?
17 MR. ANDERSON : I can ask him
18 the questions very quickly .
19 MR. CHAIRMAN : Well , it seems
20 to me that the only point here is that
21 regardless of what he did out on the street ,
22 that we ' re concerned with -- and the
23 officer is not charged with anything
24 improper out on the street . He ' s charged
25 with an improper thing in the station .
22
1
MR. ANDERSON : That ' s true ,
2 but this event did not occur in a vacuum .
3 I think we need to know all of the
4 circumstances leading up to it .
5
MR. CHAIRMAN ; True . I was
6 just encouraging g g you in the interest of
7 time as far as the background knowledge ,
8 to go ahead and go up to where the event
9 that we ' re concerned with happened . In
10 all fairness , the Commission will not be
11 concerned in its rulincx, with what occurred
12 prior to coming into the police station .
13 MR . ANDERSON : Okay .
14 0 (By Mr . Anderson) Mr . Kraft , would you
15 tell the members of the Commission whether Larry Lane
16 had your automobile impounded when they arrested you?
17 A. No , they didn ' t .
18 Q What did they allow you to do?
19
A. They gave me the option of either having
20 my car impounded or park it in a
parking lot not too
21 far from beyond the bridge .
22 9 At the time that you were stopped , were
23 you cuffed at that point?
24 A. No , I wasn ' t . At the time I was stopped ,
25 the second time?
23
t Q, The second time .
2 A. Yes , I was cuffed immediately .
3 ¢ Who did it?
4 A. His partner , not Officer Lane .
5 Q. Did Officer Lane get out of the car on
g that occasion?
7 A. I don ' t remember .
8 Q, Were you then put in the vehicle to be
9 transported to the police station?
10 A. That is correct .
11 Q. On the way back to the police station ,
12 both Officer Lane and officer Kaufman explained to
13 you what they were doing and why , did they not?
14 A. Yes .
15 Q. So , you knew why you were being transported
16 to the police station?
17 A. That is correct .
18 Q. Once you got into the police station ,
19 do I understand your testimony to be that you were
20 in no way loud?
21 A. I would use abusive language , but not
22 to the police officer.
23 Q. All right . How old a man are you , sir?
24 A. Twenty-one .
25 Q. Twenty-one?
25
1 could have been apprehensive about
2 this individual because of his prior
3 record .
4 MR.. CHAIRMAN : At this point ,
5 I can ' t see it ' s materiality . We might
6 consider it if things point in that
7 direction .
8 MR. ANDERSON : Note our
9 exception .
10 �, (By Mr . Anderson) You testified earlier
11 to the Commission that Officer Lane , if I remember
12 your words correctly , that he elbowed you in the
13 rib cage , that he grabbed your face and scratched
14 your face , that he hit you with his fist . Now are
15 all these things correct?
16 A. Yes .
17 Did all these things happen at the same
18 time?
19 A. Yes , sir .
20 0, Within what time frame are we talking ,
21 just a few seconds?
22 A. Yes , sir .
23 Q, Now, as far as Officer Lane hitting you
24 with his fist is concerned , would you show the jury
25 how his fist was , how it was formed when he hit you?
26
1 A. (Witness gestures . )
2 Q. Doubled up?
3 A. That is correct , sir .
4 Q, Where did he hit you?
5 A. In the ribs .
6 Q. Did he hit you with his right hand or
7 his left hand.?
8 A. With his right hand .
9 Q, Where did he hit you with his elbow?
10 A. In the ribs , also .
11 Q, In the right side or the left side?
12 A. No , with his right hand in my left side .
13 Q, His right elbow in your left side?
14 A. That is correct .
15 Q. Was it his right hand or his left hand
16 that he pinched your mouth with?
17 A. His right hand .
18 Q. And you say all of this happened within
19 just a few seconds?
20 A. That is correct .
21 Q, Would you tell the commission whether
22 during the time you were being booked in _you ever
23 turned and walked away from Officer Lane?
24 A. I walked away , yes , I did .
25 Q. On one or several occasions?
27
1 A. On twice -- two occasions .
2 Q. Did any other officer come to the aid
3 of Officer Lane to keep you there at the desk?
4 A. Yes , his partner and the jailor .
5 Q Do you know why?
6 A. No , because I didn ' t walk that far .
7 g, On how many occasions did you use vulgar
8 language - during the book-in procedure?
9 A. I don ' t remember .
10 0 What language did you use?
11 A. Is that admissible in Court?
12 Q. I think the Commission ought to know
13 that, yes .
14 MR. CHAIRMAN : Go ahead and
15 answer the question .
16 A. Shit .
17 Is that the only word you used.?
18 A. Damn and hell , fuck . I used them all .
19 But it wasn ' t to the officer , mind you .
20 Q, Mr . Kraft , I never said it was . Is
21 there something you want me to believe that it was
22 towards the officer?
23 A. I ' m making the point clear . It wasn ' t
24 to the officer .
25 What ' s the name of the lawyer that you
28
1 contacted to handle the civil case against officer Lane
2 and the City?
3 A. I haven ' t really found one yet .
4 Q, Did you prepare a handwritten statement
5 to the police department in reference to this occurrence?
6 A. Yes , I did .
7 Q. And did you tell them in this statement
8 everything that you ' ve told us here today?
9 A. Yes , sir .
10 Q, Did you ever tell the police officer on
11 that occasion that you were double-jointed?
12 A. Yes , sir .
13 Q, Are you double-jointed?
14 A. No , sir .
15 Q. Did you ever throw anything at any of
16 the officers on that occasion?
17 A. No , sir ,
18 Q, Did you ever throw a shoe at anyone?
19 A. No , sir .
20 Q Did you ever encourage any of the officers
21 to beat you up?
22 A. No, sir ,
23 Q_ Your answer was no?
24 A. No , sir .
25 Q, You never asked them to hit you or to beat
29
you up?
2 A. No , sir .
3 Q, How much alcohol had you consumed prior
4 to this particular occasion?
5 A. None .
6 Q. Where had you been?
7 A. On my way home .
8 Q-
From where?
9 A. Riding around .
10 Q. Where had you been riding around?
11 A. All over town .
12 Q. And how longhad
you been riding around.
13 A. From the time I got off , around 9 : 30 .
14 Q, And this happened approximately pproximately what time .
15 A. About 11 : 30 .
16 Q. Was there anybody with
y y you that could
17 state the fact that you hadn ' t had anything to drink?
18 A. There was nobody with me .
19 Q. Did you, during the book-in procedure ,
20 continue to ask Officer Lane what he was doing and why
21 he was writing you tickets ?
22 A. That is correct .
23 Q. On how many occasions did you ask him
24 that?
25 A. Quite a bit . I don ' t know the number .
30
1 Q. Had you talked over your testimony here
2 today before coming into this proceeding with the
3 Assistant City Attorney?
4 A. No , I didn ' t .
5 Q. Have you talked to him before this
6 proceeding at all before your testimony?
7 A. No, I haven ' t .
8 Q. Have you viewed the video tape?
9 A. No , I haven ' t .
10
Q. Not at any time?
11 A. No , I haven ' t .
12 9 Who have you talked to about this
13 particular case?
14 A. Nobody .
15 Q. You never talked to anybody?
16 A. About what hap
pened?
17
Q Yeah .
18
A. My momma .
19
Q. Well , you talked to somebody at the
20 police department , did not .you y ' You gave them a
21 statement?
22 A. Of course , right after.g Lieutenant
23 Harrelson and Lieutenant Shelton .
24
Q, Who did you talk to at the County
25 Attorney ' s office?
31
1 A. The County Attorney ' s office?
2
Q. Uh huh .
3 A. What date was that?
4
Q.. At any date?
5 A. I haven ' t been to the County Attorney ' s
6 office .
7 Q. Did you testify before the Wichita County
8 grand jury?
9 A. Yes .
10
Q. You're telling me you didn ' t talk to
11 anybody in the County Attorney ' s office before you went
12 up to testify?
13 A. That ' s correct .
14 Q,. Did you talk to anybody from the Wichita
15 Falls ]district Attorney ' s office?
16 A. What is the difference?
17 Q. One is felony and one is misdemeanor .
18 A. No , I haven ' t talked to anyone -- no
19 prosecutors or anything .
20 Q, Mr . Kraft , what was the ultimate outcome
21 of the traffic tickets that you were issued?
22 A. They were all dropped except two .
23
Q, Which two?
24 A. The traffic ticket of the running of the
25 red light and the insurance .
32
Okay . Both of which --
A. No , excuse me . Correction . The traffic
3 light and the acceleration -- illegal acceleration
4 from a stop .
5 Q. Okay . Have those cases been disposed of?
6 A. Yes .
7
9 How were they disposed of?
8 A. I was guilty .
9 Q. What authority were the other traffic
10 citations dismissed?
11 A. From a judge .
12
MR . ANDERSON : Members
13 of the Commission , at this time we would
14 like to move for the admission of the
15 video tape so that we might cross-
16
examine Mr . Kraft concerning incidents
17 that occurred that are depicted by the
18 tape .
19
MR. WILLIAMS : That will be
20
fine , your Honor .
21
MR . ANDERSON : We would like
22 to make one additional request . Since r .
n:2
23
Lane is entitled to a public trial and
24 since there has been so much media
25 publicity about the brutal attack , we
33
1 think it would be only appropriate that
2 the video screen by positioned where the
3 audience can view it , also .
4
M.R. WILLIAMS : We have no
5 objection .
6
MR. CHAIRMAN : How do you
7 plan to do that with one showing?
8
DiR. ANDERSON : Can we put it
9 up here?
10 DIR. CHAIRMAN : How long is it?
11 MR. ANDERSON : Fifteen or twent
12 minutes .
13 MR. CHAIRMAN : I guess you
14 could turn it this way and turn it that
15 wayif you want to .
16 MR. WILLIAMS : You mean show
17 it twice?
18 MR. CHAIRMAN : No, not twice
19 if it 's fifteen or twenty minutes long .
20 I suppose -- is it on a stand?
21 MR. WILLIAMS : Yes .
22 MR. CHAIRMAN : If
you can
23 just put it over here next to the door and
24 put it -- point it toward the witness here
25 maybe we can
Y just stand over here and
34
1 then any members of the public that you
2 want to see it can stand over in that area
3 and look at it .
4
MR. ANDERSON : Move it over
5 here somewhere?
6
MR. CHAIRMAN : Right here
7 perhaps would be better .
8
MR. WILLIAMS : Your Honor ,
9 the only reason we call Lieutenant
10 Shelton as a witness was to lay the
11 predicate and with that not being necessary,
12 we have no reason to have Lieutenant
13 Shelton as a witness . He could go ahead
14 and violate the rule and run the tape
15 for us .
16 MR. CHAIRMAN : Okay .
17 MR. ANDERSON : We may want
18 to call him later , ourselves .
19 MR. CHAIRMAN : Do you object
20 to him being in here showing the machine?
21 MR. ANDERSON : I don ' t think
22 we do .
23
(At which time the video
24
tape was viewed . )
25 Q. (By Mr . Anderson) Mr . Kraft , is this
35
1 you right here with the hat on?
2 A. That is correct .
3 01 Is this officer Lane right here?
4 A. Yes .
5
p. And the fellow in the raincoat ; is that
6 his partner?
7 A. That is right .
0, Mr . Kraft , what did you ask him at that
8
9 point?
10
A. I don ' t remember , sir . I can ' t hear
11
it . I can ' t remember exactly everything that was said
12 there , but there is no way I can remember that .
MR. CHAIRMAN : Back it up
13
14 and play that over , please .
15 Q.
(By Mr . Anderson) Now , Mr . Kraft , is
16 that your low voice that we hear there?
17 A. No , it isn ' t .
p, Bo you know what you said to him just
18
19 then?
20 A. Not exactly , no .
Q. you don ' t recall at all what you said?
21
22 A. Not exactly .
23
Q, Mr . Kraft , you' re talking to him right
24 there . what are you sa.ying to him?
25 A. (No response . )
36
1 MR . ANDERSON : Back it up
2 again , Lieutenant Shelton .
3 (By Mr . Anderson) Mr . Kraft , did you
4 just call him a son-of-a-bitch?
5 A. No , I didn' t , sir .
6 MR. ANDERSON : Stop it right
7 there .
8 n, Would you tell the Commission what that
9 conversation was about?
10 A. I was telling him how my acceleration was
11 kind of messed up and I had to pat my gas to get it
12 going and I kind of spinned out on the wav to the
13 house and he said something else and I asked him ,
14 where was he from .
15 Q. Who were you arguing with at that point?
16 A. Looks like to me the jailer .
17 R All right . Is the jailer you directed
18 the word bull shit towards?
19 A. I never directed my cuss words toward
20 no one .
21 MR . ANDERSON : Stor) it right
22 there .
23 Did you just tell him that you had to go
24 to work tomorrow and sav you needed to get out of jail
25 and said don ' t you think this is kind of unfair_ ?
37
1 A. Y e s .
2 Q. Did you just get loud there , Mr . Kraft?
3 A. Not very loud . That ' s the way I speak .
4 Q. What words did you just use then?
5 A. I told him I wanted to go home .
6 Q. What cuss word?
7 A. Shit .
8 �, All right . Thank you . All right . Now ,
9 who said that word , damn?
10 A. I did .
11 Q, Did you raise your voice? Were you loud
12 when you said that?
13 A. That is correct , sir .
14 0, All right . Thank you . You are continually
15 talking to him , aren ' t you , Mr . Kraft?
16 A. He was talking to me .
17 Q. And you returned the conversation . Excuse
18 me . Who did you direct the word fuck to at that point?
19 A. To no one . I was trying to get away • To
20 no one .
21 0, Did officer Lane tell you at that point ,
22 if you want to take it to Court , that was fine?
23 A. I don ' t recollect that saying .
24 01 You didn ' t hear him just say that?
25 A. I don ' t recall .
38
1 MR. CHAIRMAN : Back it up ,
2 Lieutenant .
3 LIEUTENP.NT SHELTON : Where to?
4 MR. CHPIRMAN : Just before
5 that started .
6 (By Mr . Anderson) Which officer looked
hat hollering and screaming won ' t
7 at you and said " all t
8 get you cooperation down here? "
9 A. The Spanish officer .
10 Q, Officer Terronez?
11 A. I don ' t know .
12 Q. Der . Kraft , what was going on at that
13 point?
14 A. I didn ' t want him to write the tickets .
15 Q, Is he asking you questions?
16 A. No , he had the ticket from the beginning ,
17 the incident with the red light and the stuff , all the
18 information off that . I was just watching .
19 Q. There was no conversation between the two
20 of you at that point?
21 A. No , sir .
22 0, Who are you talking to there?
23 A. The jailer man .
24 Q, All right . Mr . Kraft , what is that
25 you ' re saying to Officer Lane?
39
1
A. I told you , I don ' t remember .
MR . ANDERSON : Stop it right
2
3
there , and rewind it . Can you stop it on
4
the frame where they actually make contact?
LIEUTENANT SHELTON : Yes , sir -
5
(By Mr . Anderson) Mr . Kraft , does that
6 �'
7 show him hitting you on the arm?
8
A No , sir , that shows him hitting me in my
9 ribs .
10 Q. It looks like your arm .
11
A. It ' s my ribs .
M.R.. ANDER.SON : All right .
12
13 Back it up one more time .
MR . GARCIA : Back it up one
14
15
more time , please .
MR. RODRIGUEZ : May we ask
16
17
the Commission members to approach , please ,
18
and look until you are satisfied to
19 determine whether it was the rib cage or
20 not?
MR. CHAIRMAN : I can see it
21
22
as well here . The others may wish to .
23 �°
(By Mr . Anderson) Mr . Kraft , what are
24 you telling Officer Lane at that point?
25
A. I was talking to the jailor .
40
1
�. What were you telling him?
2
A. I told him, I am not a violent person .
3 Martin
Luther King said be nonviolent . He proceeded
4 to push my hand up even further .
5
�, Did you just say damn , then?
A. That is correct .
6 that ' s
7
Q. Did you just say come on , beat me ,
8 your job , beat me?
9
A. That is correct , sir .
0. Are you asking him to beat you up?
10
11
A. Yeah .
(End of video . Hearing
12 continues . )
13 Is the video
MR. CHAIRMAN :
14
an exhibit or is it necessary to make it
15
an exhibit? Either side?
16
MR , ANDERSON : I don ' t see
17
any necessity for it .
18
MR. CHAIRMAN : Go ahead .
19 just
20 Q,
(By Mr . Anderson) Mr . Kraft , YOU j
viewe
d the video tape along with the rest of us , did
21
22 you not?
A. Correct .
23 you viewed
R And You told us earlier before
24 `
tape that you did not use loud or abusive language •
25 the p
41
1 A. That is correct .
2 4. Do you still want to stick by that story?
3 A. That is correct .
4 you don ' t think the Commission heard you
5 yell?
6 A. But it wasn ' t to Larry Lane .
7 Q� That ' s not what I asked you .
8 A. I wasn ' t using abusive loud language .
g q, You also told the jury that you did not
10 talk to officer Lane , and that you did not ask him
11 or invite him to beat you UP .
12 A. That ' s right .
13 q, Do you want to change your story on that?
14 A. I don ' t remember it all word for word .
15 Now that I saw the video , I was incorrect on that , _yes ,
16 sir. .
17 q, You were ta.untina him , were you. not?
18 A. No , I wasn ' t .
19 q, Well , how would you describe it?
20 A. I was getting information I needed to
21 know on why I was in there .
22 Q, oh , no , I mean when you were telling him
23 to beat me UP , it ' s your job , go ahead and beat me UP -
24 A. No , you misunderstood , I was talking to
25 the jailer .
42
1 When you were making a statement , beat
2 me up?
3 A. No , no .
4 Q. Let ' s talk about the statement you made
5 when you said "beat me up , beat me up . " Who were
6 you talking to?
7 A. To Mr , Lane .
8 And for what purpose did you tell that
9 to him?
10
A. well , I thought he was going to hit me
11 again .
12 Q You were taunting him, weren ' t you?
13 A. No , I wasn ' t .
14 Q, You also told the Commission that all of
15 these things took place in about a span of just a very
16 few seconds . You' ve seen the tape . Do you want to
17 change your statement on that?
18
A. Naturally , but the span of the hits were
19 a few seconds . That ' s what I was talking about .
20 Q, I asked you if the scratching and the
21 hitting and the elbowing took place within a very
22 short period of time and you said yes ,
23 A. I did .
24
Q, And I asked you , then , are you talking
25 about in a span of a very few seconds , and you said
43
1 yes .
2 A. I did .
3 Q. Mr . Kraft , you also told this jury and
4 you showed them your fist that Larry Lane doubled up his
5 fist and hit you in the mid-section . Now , it didn ' t
6 show in that tape . When did he do that?
7 A. Well , I wa.s incorrect on that . That was
8 when he hit me in the face .
g 0, When was that?
10 A. As you saw on the video .
11 Q. With his fist doubled up?
12 A. Yes , sir .
13 Q I didn ' t see that . I saw him with an
14 open fist .
15 A. I felt his fist . It was a fist .
16 Q? It was a fist?
17 A. It was , sir .
18 Q. Now , instead of hitting you in the rib
19 cage , you are telling the Commission he hit you in the
20 face?
21 A. Yes , he hit me in the face and the rib
22 cage , as you saw .
23 With his fist?
24 A. Oh , no , sir .
25 0. If he hit you in the ribs , Mr . Kraft , why
44
1 didn ' t you double up?
2 A. Because I ' m a sportslike man . I ' m in
3 shape . There ' s nothing wrong with me .
4 0. Then , it didn ' t hurt you , then , did it?
5 A. Yes , it hurt .
6 n. What happened after you got locked up
7 in the cell there?
8 A. The police officer and his partner and
9 the jailer -- I may exclude one -- no , they was all
10 there , and the jailer took me to my cell . When I got
11 there in the front , one of them handcuffed me and the
12 other got my hand . The officer who arrested me , Mr_ .
13 Lane , as soon as that hand was free , he grabbed it
14 and twisted it upward .
15 0. Did they put you in a cell?
16 A. Yes , sir .
17 Q. You didn ' t stay in the cell all night ,
18 did you?
19 A. Yes , sir .
20 Q, They moved you , didn ' t they?
21 A. Oh , yes , sir .
22 0, Why did they move you?
23 A. Because I was in a turmoil , you know .
24 I was outraged .
25 0. you were yelling and raising cane and
45
1 creating a problem for the other prisoners , weren ' t you?
2 A. I was raising cane . I don ' t know about
3 the other prisoners -- creating problems for them .
4
p, Is it still your story that you didn ' t
5 throw anything to any of the jailers or city personnel?
6
A. That is correct . I didn ' t throw anything .
MR. ANDERSON : Mr . Purtle ,
7
8
and members of the Commission , Mr . Kraft
g made the statement during cross-examination
10
that he was a nonviolent person . I think
11 that he has opened the door for us to go
12 into other criminal offenses and I would
13
like permission from the Commission to
14 cross-examine him about those items .
MR. CHAIRMAN : I don ' t see
15
16 the materiality of that since he ' s not
17 being charged with anything and .I really
18
don ' t see the materiality of doing into
19 the other items .
MR. RODRIGUEZ : May I be
20
21 heard?
MR. CHAIRMAN : Sure .
22
MR. RODR.IGUEZ : Mr . Purtle ,
23
24 I believe that once the witness makes
25
the blanket statement , I ' m a nonviolent
46
1
person or in the many cases we have all
2
read , cases that I ' ve never been in trouble
3
before , it opens the door up two incidents
4 in which he ' s been involved in in his life
5
even though they may not have resulted
6
in final convictions and it bears on his
7
credibility as a witness , your Honor .
MR. CHAIRMAN : Actually --
8
MR. RODRIGUEZ : And certainly
9
10
his credibility as a witness is always
11 an issue ,
DER. CHAIRMAN - If we wanted
12
to talk technically , he hasn ' t testified
13
that he was a nonviolent personf he said
14
15 that on video tape -
MR. RODRIGUEZ : He reaffirmed
16
ur Honor , in response to the
17 that , yo
18
question by Mr . Anderson . He wasn ' t
being said
19 merely commenting on what was
20
on the tape . I believe the record will
21
reflect that he did reaffirm in response
22 to a question .
I really don ' t
MR. CHAIRMAN :
23
24 see what it has to do with the conduct
25
of the police officer on trial .. I ' m going
47
to deny that .
1
TZR. ANDERSON : Could we prove
2
3
it up for a bill of exceptions , your
Honor , and make an offer of proof?
4
MR. CHAIRMAN : You can reduce
5
it to a written bill if the City will
6
permit you to after the hearing is
7
completed . Will the City have any
8
objection to that?
9
MR, WILLIAMS : No , Mr .
10
Chairman ..
11
MR. CHAIRMAN : Would you be
12
agreeable to do that instead of taking
13
up time at this time? I feel quite
14
comfortable that that wouldn ' t have
15
16 anything to do with this hearing .
MR. A.NDER.SON : Pass the
17
witness .
18
MR . WILLIAMS : We now call
19
20 Captain Davis .
MR. . CHAIRMAN : Mr , Kraft ,
21
22 you may remain outside and remember you
are under the rule .
23
Let ' s take a three minute
24
recess .
25
48
1 (At which time a short recess
was taken , after which the
2 following proceedings were
had . )
3
W . E . DAVIS ,
4
5 having been previously sworn to testify to the truth ,
6
the whole truth and nothing but the truth , testified
7 on his oath as follows :
DIRECT EXAMINATION
8
9 BY MR. WILLIAMS :
10
Q. State your name .
11 A. Captain W . E . Davis .
12 0, How are you employed?
13
A. City of Wichita Falls Police Department .
14
0, How long have you been there?
15
A. Going on twenty years .
0. During that time , have you ever heard
16
17 obscene language?
18 A. Pardon me?
p, During the twenty years , have you ever
19
heard an individual you arrested use obscene language?
20
21 A. Of course .
22 Q, Have you ever been verbally abused --
MR. ANDERSON : I object as
23
24
to what happened to this officer on some
25 other occasion . It is not relevant or
4°
1 material .
2 MR. WILLIAMS : I think it is
3 because police officers are commonly
4 verbally abused and they commonly hear
5 obscene language -
6 MR. CHAIRMAN : Could we
7 rephrase the question as to what is common
8 in the practice of , rather than what his
9 personal experience has been?
10 MP . ANDERSON : Excuse me ,
11 your Honor . We will stipulate that police
12 officers are subjected to verbal abuse .
13 MR.. CHAIRMAN : will you
14 accept that , Mr . Williams?
15 MR . P7ILLIAMS : That ' s fine .
16 (By Mr . Williams) Captain Davis , what
17 is your opinion of a police officer who strikes an
18 individual who verbally abuses him?
19 MR, ANDERSON : I object to
20 that as invading the province of this
21 Commission , what an officer does or should
22 do or what his opinion is in that respect
23 is not .relevant and not material and
24 solves no issue in this case and once
25 again , invades your province .
50
1 MR. CHAIRMAN : I think he ' s
2 been an experienced Captain on the force .
3 I ' ll permit it .
4 MR . ANDERSON : Note our
5 exception .
6 A. My opinion is that verbal abuse is not
7 justification for an officer to assault a prisoner --
8 if I understand you correctly , that was your question .
9 Q. [could it be appropriate for a police
10 officer -- when would it be appropriate for a police
11 officer to do that?
12 A. If you ' re acting under the law , only in
13 self-defense or in defense of another .
14 MR. WILLIAMS : Pass the
15 witness .
16 CROSS EXAMINATION
17 B 7 MR. ANDERSON :
18 Qe How long have you been on the force?
19 A. Twenty years , March the 2nd.
20 Q. And how many of those years were you
21 actually on patrol?
22 A. I was on the street until 177 -- from ' 64
23 to ' 77 . What is that , sixteen years or. so?
24 Q. During those sixteen years , you have had
25 many occasions to see officers assaulted by prisoners ,
51
1 have you not?
2 A. Yes , I have .
3 �, You have also seen officers assaulted by
4 persons who had handcuffs on , have you not?
5 A. Yes , I have .
6 Q• Do you think that it is reasonable for
7 an officer to be apprehensive about someone in their
8 custody as far as them being able to strike at them
9 or to make physical contact with them?
10 A. I don ' t think that it ' s unreasonable for
11 them to be apprehensive , no .
12 0. Have you ever seen any police officers
13 strike a prisoner?
14 A. Yes , sir , many times .
15 �, Okay . Captain Davis , will you tell the
16 members of the Commission what type of procedures
17 the Wichita Falls police Department has available to
18 members of the patrol units as far as any psychological
19 counseling , sensitivity sessions or stress related
20 counseling?
21 A. I would like to do that , but I can ' t sit
22 here and tell you exactly all the programs that our
23 in-service training and the police recruit class puts
24 our people through . I understand and do know that
25 they do receive psychological testing prior to being
52
1 hired and I don ' t know what else they are submitted
2 to or subjected to during the police academy . I 'm
3 not associated with the academy any more and I can ' t
4 tell you all the testing .
5 01 Can you tell me whether or not they have
6 a psychologist available in the event they feel
7 stress and need counseling?
8 A. Yes , we do have psychological counseling
9 available to any and all city employees, police officers .
10 Q, Who is it?
11 A. MH1`IR program that we have through the
12 city personnel office .
13 Q. Do the officers know about that and --
14 A. Yes , and all supervisors .
15 Q. How do they know it?
16 A. Well , the word has come down from city
17 hall and information has been made available - to them .
18 Q. Exactly what kind of information -- are
19 they told verbally or given a written piece of paper
20 saying if you need help and under stress go to MHMR?
21 A. I can ' t tell you how each man was
22 individually contacted . I can tell you how all
23 supervisors throughout the city were contacted . They
24 were brought in for a training session as to the
25 psychological counseling that was available .
53
1 0, You would consider it to be a fair
2 statement to say that a patrol officer ' s lot is a very
3 stressful type job situation ; would you not?
4 A. Yes , I would .
5 0, And would you consider it to be stressful
6 for a patrolman to sit there and be subjected to verbal
7 abuse?
8 A. Yes , I would .
9 0, And since you have been on the beat , you
10 know how hostile individuals can be ; is that correct?
11 A. That ' s correct .
12 MR. ANDERSON : Pass the witness .
13 MR. WILLIAMS : No further
14 questions . One more .
15 REDIR.ECT EXAMINATION
16 BY MR. WILLIAMS :
17 0. Captain Davis , you indicated that police
18 officers have struck prisoners before . Have you ever
19 seen an occasion where a police officer struck an
20 individual handcuffed in the back?
21 A. No , sir , I have not .
22 M.R. WILLIAMS : No further
23 questions .
24 MR. ANDERSON : No further
25 questions .
54
1 MR. WILLIAMS : We would
2 like to call Chief Harrelson .
3 CURTIS HARRELSON ,
4 having previously been sworn to testify to the truth ,
5 the whole truth and nothing but the truth , testified
6 on his oath as follows :
7 DIRECT EXAMINATION
8 BY MR. WILLIAMS :
9 Q, Please state your name .
10 A. Curtis Harrelson .
11 Q, What is your occupation?
12 A. Chief of Police , City of Wichita Falls .
13 Chief_ , it ' s been brought out that you
14 issued those letters of indefinte suspension to Larry
15 Lane . Why did you take this action?
16 A. Well , after reviewing the case , having
17 the case investigated by the Internal Affairs section
18 and viewing the tapes , then it was my ultimate decision
19 after discussion with the staff , with the legal , to
20 render this indefinite suspension :
21 0. What were some of the reasons you used
22 in coming to that conclusion?
23 A. Well , basically , realizing in this
24 particular case , was force necessary , was this much
25 force necessary , was what was going through my mind
55
1 at the time . Certainly I answered that question no ,
2 it was not necessary . As far as how much suspension
3 to render , that question too , although it was very
4 difficult , I made the decision to make it an indefinite
5 suspension . Police officers are faced with stressful
6 situations like this , I realize , twenty-five years
7 in the service , I certainly realize this . Most
8 officers , the biggest majority of the officers would
9 have withheld that desire , if you will , which we
10 have all had , to slap somebody who was giving you
11 verbal abuse . Officers must maintain that resistance .
12 That ' s something that faces them in all the arrests ,
13 most of them. Not only that , but the temptations
14 in other things that they are .faced with , you expect
15 the officer to be able to resist and maintain his
16 selfcontrol . Whether it ' s this , theft , a burglarer
17 he ' s found . He goes in and investigates a burglary ,
18 you ' re hoping that he can --
19 MR. A.NDERSON : I 'm going to
20 have to object to the narrative form of
21 the answer and ask that he answer
22 specific questions .
23 M.R. WILLIAMS : He was asked
24 to list the reasons why he made the
25 decision .
56
1 MR. CHAIRMAN : I ' ll permit
2 it .
3 A. We have a right to expect our officers to
4 resist the temptations they have of , say , when they
5 were investigating a burglary , being in a place that
6 has been burglarized , you need to expect that the man
7 is not going to carry off more merchandise than the
8 burglarer did . You have got to expect them to resist
9 the temptations that he is faced with that I think the
10 average citizen is not faced with , whether it be in
11 a situation of a burglary I just related or a situation
12 of standing and taking verbal abuse .from someone .
13 We teach these officers to expect some verbal abuse .
14 And to follow the Code of. Criminal Procedure , the
15 Penal Code and the various other trainings that we
16 have given them in the academy to control themselves
17 and use only that force which is necessary to effect
18 the arrest , protect themselves or someone else and
19 it was my opinion that this was excessive . To continue ,
20 in my decision making, also the officer ' s report
21 which Mr . Lane made , made no mention of anything
22 unusual happening in confinement . I direct another
23 report -- or asked that he review this man ' s state-
24 ment , Mr . Kraft ' s statement , and make me a report .
25 I received that report and nowhere in that report does
57
1 he indicate that he struck the man in the face . I ' ve
2 got to rely on officers to tell me the truth . When
3 they write a report , I ' ve got to put belief in what
4 he ' s told me is true and the two reports I received
5 from him , neither one is entirely correct or complete --
6 at least in my opinion .
7 MR. ANDERSON : I object to
8 this line of testimony because he was
9 charged with specific allegations against
10 Samual Kraft , not with misrepresenting or
11 making false reports . If you ' re going to
12 charge him with false reports , I ' m going
13 to ask that this be thrown out and we
14 can start over again so we can prepare
15 a proper defense for that charge . This
16 is not a trial by ambush and I 'm not
17 expected to be omnipotent and come up here
18 and protect him against any and all charges
19 I have not heard about .
20 MR. CHAIRMAN : I think I ' ll
21 sustain that . We won ' t consider that .
22 MR. ANDERSON : I ask that that
23 be stricken from the record ..
24 MR. CHAIRMAN : I don ' t think
25 it should be stricken from the record , but
58
1 it will be stricken from our consideration .
2 I think the record ought to reflect
3 everything that goes on here .
4 MR. WILLIAMS : Pass the witness
5 CROSS EXAMINATION
6 BY MR. ANDERSON :
7 Q. Can you tell us what kind of sensitivity
8 training police officers get?
9 A. The recruit academy does receive a
10 certain amount of sensitivity training . I don ' t have
11 before me here the complete roster of all the training
12 he had in the academy .
13 Q. How long ago did he become a police
14 officer?
15 A. I don ' t have his personnel folder here .
16 I would estimate some four years ago .
17 Q, He ' s not been suspended before , has he?
18 A. No , he hasn ' t .
19 Q. Did you consider that fact when you
20 decided what punishment to dole out . to him?
21 A. Yes , I did .
22 Q. You told the Commission that it was a
23 difficult decisions is that correct?
24 A. That ' s correct .
25 Q And as a matter of fact , there was a time ,
59
1 was there not , when had this occurred , all you would
2 have done was probably be a written reprimand?
3 A. No , sir .
4 Q. Have you seen any other officers or have
5 you been aware of any other officers striking any
6 individuals in the book-in area?
7 A. Yes , I have .
8 Q. Now , what kind of effect has this
9 particular incident had on the moral of the police
10 department?
11 A. I would say it has had a bad effect .
12 0. As a matter of fact , you were provided
13 with a petition , recently?
14 A. That ' s correct .
15 Q. And the petition was to the effect that
16 fifty-eight police officers and detectives were of
17 the opinion that your decision to render an indefinite
18 suspension was too harsh?
19 A. That ' s correct .
20 Q Do you like to keep a relationship with
21 your men so that they feel like you ' re behind them?
22 A. Yes , I do .
23 Q, Do you consider their feelings when they
24 come to you with a petition of this type as far as
25 decisions to make in the future?
60
1 A. Yes , I consider their opinions .
2 Q, Do you feel that all .fifty-eight of
3 these detectives and officers are wrong?
4 MR. CHAIRMAN : Where is this
5 leading us , Mr . Anderson?
6 MR . ANDERSON : It ' s leading
7 to this , that if this indefinite suspension
8 is upheld , it ' s going to have an effect
g not just on Larry Lane , but upon the City
10 of Wichita Falls , the citizens , and the
11 police department because of the moral
12 problem and because of some other things
13 I 'm going to ask about in a moment .
14 MR . CHAIRMAN But the
15 Commission should not let it ' s decision
16 be guided by what other people think .
17 MR. ANDERSON : Okay.. I ' ll
18 go along with that , but you need to be
19 made aware of the effect of your decision
20 and I 'm not talking about what other people
21 think about your decision , I ' m talking
22 about the effect your decision has on the
23 citizens of this City and if I 'm able to
24 prove that police officers are going out
25 there and when they have some discretion
61
1 of whether or not to make an arrest that
2 they now choose not to make an arrest
3 because of what happened and Chief
4 Harrelson ' s decision , I think you ought
5 to be made aware of that , Mr . Chairman .
6 MR. CHAIRMAN : We can ' t carry
7 it that far to speculate on what anybody ,
8 including police officers , might think
9 about our decision and what their
10 response might be as to our ruling . I
11 see it is for us to rule on the case
12 before us , not what other people might
13 say or do after we have ruled .
14 (By Mr . Anderson) Chief Harrelson ,
15 did you consider -- first of all , before you levied
16 the suspension letter , did you bring him into your
17 office and talk to him about the problem?
18 A. No , I did not .
19 Q. Did you consider bringing him in there
20 and talking to him and pointing out where he was
21 deficient and how he should have done it differently?
22 A. No , I didn ' t .
23 Q, Did you trust Larry Lane enough to feel
24 that if you had done so , he would have taken you to
25 heart and changed his actions?
62
1 A. You mean reverse what had happened --
2
no --
3 You can ' t reverse what has happened , I 'm
4 talking about his future actions . Isn ' t it reasonable
5 for someone of your supervisory capacity to bring the
6 person in who offended the rule , talk to him about it ,
7 suggest that he change it and see if he can go back out
8 and clean it up?
9 A. Not necessarily .
10 0, Are you telling me in this situation you
11 never considered that avenue?
12 A. I ' m going to have to get into a narrative
13 to answer your question . I can ' t sit here and answer
14 it ves or no .
15 Q. You did consider that or did not consider
16 that avenue?
17 A. Well , I don ' t deal directly with the
18 officers on a one-on-one basis . There are several
19 supervisory ranks between me and the officer and his
20 supervisors and down through the ranks who were
21 handling this case . of course , they funneled the
22 information on to me .
23 And I assume then, from your answer , you
24 did not consider that approach?
25 A. I did not .
63
1 Q. Chief Harrelson , you testified a moment ago
2 that you know Officer Lane was subjected to verbal abuse ;
3 is that correct?
4 A. Well , from the same tape you ' ve seen ,
5 yes , from what I could tell on the tapes .
6 Q. On the date that you issued the suspension
7 letter , May the 24th of 1983 , you had viewed that
8 tape prior to issuing that letter ; had you not?
9 A. Yes .
10 q Why , in your letter on the second page ,
11 you made two assertions to the effect that Mr . Kraft
12 was not verbally abusive .
13 A. From reviewing the tares , I could not
14 make a definite determination on the tape that he was
15 verbally abused . There was some question in my mind
16 whether he was or wasn ' t . After hearing the testimony
17 here , from the man up here just a few minutes ago , I
18 feel that there might have been some verbal provocation
19 although it may not have been directed completely at
20 him, but I still have doubts about that , even .
21 Q. But you said two definite statements ,
22 at no time did Mr . Kraft become verbally abusive .
23 A. Yes , that ' s correct .
24 Q„ And you continued to say or any other
25 officer in the book-in area .
64
1 A. That ' s correct .
2 Q, And you say at no time did he become
3 physically aggressive or verbally abusive .
4 A. That ' s correct .
5 0. And then you continue and say Officer
6 Lane committed a malicious assault and battery on
7 Mr . Kra-ft .
8 A. That ' s definitely correct .
9 Q, Have you seen any assault and batteries
10 worse than what we just saw?
11 A. Well , certainly I have -- you mean , during
12 my career , sure .
13 Q. Where was the malice in this? Can you
14 tell malice from the video tape?
15 A. Well , it ' s difficult to tell malice from
16 looking at a tape .
17 0. But that ' s what you said in your. letter ,
18 A. That ' s true . I feel like the seriousness
19 of this situation , being Lane as a police officer ,
20 this man being handcuffed , I thought it was malicious ,
21 yes .
22 0. Did you get an opportunity a second ago
23 here to view the video?
24 A. Yes .
25 Did you feel , as I do , that the elbow
65
1 that Mr . Lane extended actually struck Mr . Kraft in
2 the arm?
3 A. No , I do not .
4 0. You didn ' t see his arm jump back?
5 A. I couldn ' t distinguish that definitely .
6 MR. ANDERSON : Pass the
7 witness .
8 MR. WILLIAMS : No further
9 questions .
10 Mr . Chairman , the City would
11 rest .
12 DAVID TERRONEZ ,
13 having previously been sworn to testify to the truth ,
14 the whole truth , and nothing but the truth testified
15 on his oath as follows :
16 DIRECT EXAMINATION
17 BY MR . ANDERSON :
18 0. State your name for the Commission ,
19
please .
20 A. David Terronez .
21 0. How are you employed?
22 A. Police officer , City of Wichita Falls .
23 0, How long have you been a police officer?
24 A. Approximately seven years .
25 �. And in that capacity , would you tell us
66
1 unit you were with --
2 A. Sir?
3 01 What unit?
4 A. Oh , patrol division .
5 Q, Patrol?
6 A. Yes , sir .
7 Q. Which shift?
8 A. Third shift , from eleven at night until
9 seven in the morning.
10 0, You know that you have been subpoenaed
11 to testify about the incident involving Samual Kraft
12 and Larry Lane ; is that correct?
13 A. Yes , sir .
14 Q, Were you present in the book-in area on
15 May the 19th , when that happened?
16 A. Yes , sir .
17 Q. Have you had a chance to view the video
18 tape?
19 A. Yes , sir .
20 Q. Can you tell the Commission from your
21 best recollection when was the first time that you
22 recall noticing Samual Kraft on that evening?
23 A. Okay . The first time I noticed him --
24 actually , first time I really -- I noticed him , but
25 didn ' t pay any attention to him as I was coming into
67
1 the station . I was bringing a prisoner in , and there
2 was an accident at Seventh and Brook and I was kind of
3 having trouble with my prisoner and there was three
4 officers at the scene of this -- of this accident and
5 one of them was officer Harper and I told him that I
6 was having trouble with my prisoner so he came in with
7 me to help book-in my prisoner . At that time , that ' s
8 when I noticed this subject , but I didn ' t talk to him
9 or nothing .
10 Q, TdIhen you came in the book-in area , was Mr .
11 Kraft and Mr . Lane already in there?
12 A. No , sir , I got there with my prisoner
13 and we were booking him in when they came in .
14 Q okay . When officer Lane and Mr . Kraft
15 first came in, tell the Commission what you first
16
noticed?
17 A. Like I said , I was booking my prisoner
18 in when they came in and when they first came in , I
19 heard this , you know, loud noise , so I backed up to
20 see what was going on and Officer Lane came in --
21 officer Coughlin and Mr . Kraft ,
22 Q, Where was the loud noise coming from?
23 A. From the run around area which is where
24 we drive our cars in , where they bring in a prisoner .
25 0. Who was making the noise?
68
1 A. The Kraft subject .
2 Q, That would be Owen Samual Kraft?
3 A. Yes , sir .
4 Q, What kind of language was he using?
5 A. Best I can recall , it was loud , kind of --
6 I want to say belligerent . I would say belligerent
7 and throwing in some obscene words .
8 Q, Now , the Commission has heard the tape
9 and heard the obscene language he was using , but I
10 don ' t believe that the tape actually backed up to the
11 point where he was coming in . Do you recall any other
12 language he was using so that you could specify it
13 then?
14 A. No , I can ' t recall .
15 Q. What happened then after he got in there
16 as far as you were -- you observed?
17 A. Well , the best I can remember , we was
18 on the east side of the book-in counter , sort of like
19 an "L" shape . We were on the east side and they had gone
20 around to the north side and at this time , the subject
21 kept asking Officer Lane what was he under arrest for
22 and Officer Lane tried to explain to him why and
23 every time he got ready to start up , the guy would
24 interrupt and say , " I don ' t understand that" and
25 "What am I under arrest for" . This went on for several
69
1 minutes , on and off kind of type deal . And that ' s --
2 you know , that kind of deal , and the subject kept
3 walking away from the counter several times and
4 officer Lane would either tell him to get back or
5 maybe he would walk back . I really didn ' t pay that
6 much attention because I had my own prisoner I was
7 booking in at the time .
8 p. Would you tell the commission , whether
9 or not Mr . Kraft ever had any problems with your
10 prisoner?
11 A. Yes , sir , at one time he wanted to use
12 the telephone .
13 Q, And who is he?
14 A. Mr . Kraft and he was arguing with the
15 jailer about using the telephone and my prisoner
16 started arguing with him too , you know , something
17 like , be quiet , you can ' t use the phone until they ' re
18 done with you .
19 Q. Who said that?
20 A. My prisoner said that to Mr . Kraft and
21 they exchanged a few words and I tried to shut my
22 prisoner up .
23 0, Did you find it necessary to actually
24 intervene and to yell at Kraft for his actions?
25 A. Yes , sir , he was -- like I said , he was
70
1 kind of loud and he kept -- he wouldn ' t answer any
2 questions . officer Lane asked him where he was born
3 at and he said -- I didn ' t pay much attention , but I
4 think it was " I don ' t have to answer that" or "You don ' t
5 need to know" or something like that and the jailer ,
6
I believe it was Ga.tes , asked him or told him , "Well ,
7 we just need that information because it ' s on the
8 form" or something to that effect and then he started
9 asking jailer Gates , "Well , where were you born at" and
10 jailer Gates said "Well , I don ' t have to answer that ,
11 I ' m not under arrest" and he said something like , "Are
12 you ashamed of where you were born" or something like
13 that , " I ' m from Wichita Falls " or something like that .
14 Like I said , I wasn ' t paying that much attention and
15 then it kind of started then about the telephone and ,
16 like I said , he was getting loud and stuff_ and at this
17 time , I told him -- I ' m not exactly sure this is quoting
18 everything what I said , but something to the effect
19 that , I said "Hey , why don ' t you shut up , if you ' ll
20 do what the officer tells you to do , he ' ll get done
21 sooner and you ' ll get done sooner and everybody will
22 get finished and then you will be able to use the
23 phone when they get all the paperwork done because
24 they don ' t have to let you use the telephone right
25 now . They have to let you do it later" or something
71
1 like that .
2 Q, When you said that , you had to raise your
3 voice so he would hear you?
4 A. Yes , sir , he was still kind of loud at
5 this time .
6 Q. Was it obvious to you that Kraft was
7 taunting Officer Lane?
g A. It appeared to me that he was , yes , sir .
9 Q, Were you there when Kraft kept saying
10 to Officer Lane , " Come on , beat me up , beat me up ,
11 that ' s your job" ?
12 A. No , sir , I don ' t think I heard that .
13 Q, All right . Have you ever been faced
14 with a similar situation?
15 A. You mean in confinement?
16 0. When a prisoner turns and walks away?
17 A. Oh , yes , sir .
18 Q. What would you have done in that
19 situation?
20 A. Well , like I said , I have been a police
21 officer several years and I would have taken the
22 subject and put him right in front of the counter and
23 told him I wanted him to stay there and if he tried
24 to walk away , I would have kept him there because I
25 have been kicked before by the subject walking away , I
72
1 have been bitten , you know , when they turn around and
2 bite you. real quick , so I would have placed him there
3 for my own safety and for his own safety and for the
4 safety of the officers , I would have kept him there
5 at the counter by force if necessary to keep him
6 from injuring myself or himself or anybody else .
7 0, How would you have kept him there at
8 the counter?
9 A. I would have just held him at the counter ,
10 possibly put my hand on the back of his head or shoulder ,
11 bent him over on the counter .
12 Q. Bent him over?
13 A. Well , that ' s the best way to keep him
14 from kicking you .
15 0. Have you had occasion when a prisoner got
16 behind you , walked way and got behind you or do you
17 know of any occasions when this happened?
18 A. I had one walk around and slap me up beside
19 the face .
20 Does that put you in a vulnerable
21 position?
22 A. Yes , sir. , you ' re looking down and writing
23 your arrest form.
24 Q, All right . Did you make a report to
25 Lieutenant Stone and Lieutenant Shelton regarding
73
t this particular occurrence?
2 A. Yes , sir , I did .
3 MR. ANDERSON : Do you have
4 the original of that?
5 MR. WILLIAMS : (Hands report
6 to Mr . Anderson . )
7 0� (By Mr . Anderson) Officer , I 'm going to
8 show you this and ask you if you can identify your
9 signature?
10 A. Yes , sir .
11 0. Is that the report you made?
12 A. Yes , sir .
13 Q, In this report , the next to the last
14 sentence , do you make the statement , "This subject
15 was hostile and tried to fight , but there were too
16 many officers present" ?
17 A. Yes , sir .
18 MR. ANDERSON : I ' d like to
19 have this admitted as Respondent ' s Exhibit
20 No . 1 .
21 MR. WILLIAMS : No objections .
22 MR. CHAIRMAN : All right .
23 (At which time Respondent ' s
Exhibit No . 1 was marked for
24 identification and hereby
made a part of this pro-
25 ceeding . )
74
1 Q• (By Mr . Anderson) What is the moral
2 like on the patrol beat now?
3 A. Well , I have been on vacation for a week ,
4
maybe two weeks . I really don ' t know exactly -- well ,
5 since the 17th or 18th .
6
You have talked to other officers , haven ' t
7 you?
8 A yes , sir , kind of low -
9 Why is it low?
10 A. A lot of the officers are afraid if they
11 go out and do something , they ' re going to get in trouble
12 for it .
13 CROSS EXAMINATION
14 BY MR. WILLIAMS :
15 0,
officer Terronez , how far away in feet
16 were you from Owen Kraft and Larry Lane?
17 A. Well , kind of directly across from the
18 book-in counter , I ' d -- I don ' t know, five , maybe
19 six feet .
20 Did you ever , at any time , see Officer
21 Lane strike Owen Kraft?
22
A I did not see him strike him, no , sir .
23 0. You saw no physical contact whatsoever?
24 A. I seen him grab him by the mouth , but I
25 didn ' t see him hit him, the best I recall .
75
1 Q, Did you hear any actions?
2 A. No , there was too much noise going on ,
3 except for the time , you know , Larry grabbed him by
4 the mouth , other than that , I didn ' t hear that much ,
5 just the regular talking and kind of hollering that
6 was going on .
7 Q.
You were six feet away?
8 A. Yeah , approximately six feet -- five to
9 six feet .
10 Q, And you saw no striking , heard nothing ;
11 is that your testimony?
12 A. Other than what I said , where he grabbed
13 him by the mouth and then just the regular talking
14 and he kept asking questions and stuff_ -- like I said ,
15 I had my own prisoner there I was trying to book-in .
16 I was , you know , trying to watch my prisoner and trying
17 to fill in the report form. I wasn ' t really .paying
18 that much attention to what was doing on .
19 MR. WILLIAMS : Pass the
20 witness .
21 REDIRECT EXAMINATION
22 BY MR. ANDERSON :
23 0, You were _filling out papers , yourself ,
24 were you not?
25 A. Yes , sir .
76
1 And in doing that , did you necessarily
2 have your head down toward the counter?
3 A. Yes , sir .
4 Q, You ' re not telling or denying that Larry
5 Lane struck Kraft ; are you?
6 A. No , sir .
7 0. You saw the video?
8 A. Yes , sir .
9 Q. You are telling the Commission that you
10 were looking down and you didn ' t see it?
11 A. Yes , sir , when I wrote my report and
12 best I can recall , I did. not see it . Now , after seeing
13 the tape , I saw it , but , you know , when I wrote my
14 report , it was about two days later they told me to
15 write a little something on it and I wrote a little
16 something on it best I could remember .
17 G And you still stand by what you. put in
18 that report that Mr . Kraft was belligerent and used
19 abusive language?
20 A. Yes , I do . There were a _few things out
21 of sequence that I told Captain Davis about . After
22 reviewing the tape , I told him that that I had a few
23 things out of sequence and he asked me what they were
24 and I told him, so he said , you know, it was like
25 minor type deals and it would be all right .
77
1 Q, In other words , your report is not
2 chronologically correct , but factually correct?
3 A. Yes , sir .
4 MR. ANDERSON : pass the
5 witness .
6 MR. WILLIAMS : No further
7 questions .
8 MR . GARCIA: Mr . Terronez ,
9 when did you view the video tape?
10 MR. TERRONEZ : The following
11 Monday .
12 MR. GARCIA : And would you
13 tell how that came about?
14 MR. TERRONEZ : Well , they
15 called me at home .
16 MR. GARCIA: Who was they?
17 MR. TERRONEZ : Captain Davis
18 and he called me at home I believe around
19 noon . I don ' t know the exact time . He
20 told me to be at the station at 2 : 00 , that
21 he wanted to talk to me about the report
22 and when I went in there , we went to the
23 training room and he had the tape set up
24 and we viewed it then .
25 MR. GARCIA : Thank you .
78
1 MR. CHAIRMAN : Thank you .
2 KEN COUGHLIN ,
3 having been previously sworn to testify to the truth ,
4 the whole truth and nothing but the truth , testified on
5 his oath as follows :
6 MR.. CHAIRMAN : What is your
7 name?
8 THE WITNESS : Ken Coughlin .
9 MR. CHAIRMAN : How do you
10 spell that?
11 THE WITNESS • C- o-u-g-h-l-i-n .
12 DIRECT EXAMINATION
13 BY MR . ANDERSON :
14 Q, Would you tell the members of the
15 Commission how you are emploved?
16 A. City of Wichita Falls police Department .
17 Q, And what unit or division?
18 A. Patrol division .
19 Q, What shift are you on?
20 A. The second shift .
21 R Were you on the second shift on May the
22 19th of this year?
23 A. Yes , I was .
24 0, Did you have occasion to be with .Larry Lane
25 on the evening of May the 19th?
79
1 A. Yes , I did -
2 0• About what time was it when you first got
3 in his patrol car with him?
4 A. It was just shortly after I got off work ,
5 sometime after 11 ; 00 .
6 0. And for what purpose did you get into his
7 patrol car?
g A. My car was broken down and he was going
9 to give me a ride to my house .
10 0, will you tell the members of the Commission
11 what happened after you left the police station?
12 A. Okay . we left the police station driving
13 on Seventh Street heading west on Seventh . We had a
14 green light at the intersection of Seventh and Brook .
15 we went through the intersection and as Larry was
16 driving through the intersection , there was a vehicle --
17 a blue vehicle came through the intersection . and had
18 gone around the car that was stopped at the red light
19 into our lane of traffic . Larry swerved to miss it
20 and the front left hit the back right of our vehicle
21 and we then got out of the vehicle .
22 0, who had the green light?
23 A. we did .
24 Q. The other car had the red light?
25 A. Yes , sir .
80
1 Q. What happened after the two cars stopped?
2 A. Okay . The other car was out in the inter-
3 section and as we were getting out , he jerked back in
4 reverse and backed up a little bit , not completely
5 past the stop light , but almost parallel to our vehicle
6 and I ' m not sure which of us got out of the vehicle
7 first , probably me because Larry was probably calling
8 on the radio . I got out and first found out if anyone
9 was injured . No one was injured and I asked what
10 happened and I was told by rRr . Kraft that his brakes
11 weren ' t working properly or something to that effect
12 and that he swerved to miss another vehicle and that
13 was the reason he was in our traffic lane .
14 Q. What kind of attitude did Mr . Kraft have
15 at that time?
16 A. He was real argumentative and belligerent .
17 First he denied that he struck our vehicle . He said ,
18 " I didn ' t hit you or nothing like that" . Well , you
19 know , obviously it hit us and afterwards he said , "Well ,
20 I didn ' t do any damage anyway , so it doesn ' t make anv
21 difference " or something like that . He was very
22 argumentative about the stop sign and light and I
23 tried to explain several times where the stop sign
24 was . He had the impression that in that intersection --
25 that particular intersection , the stop light , itself ,
81
1 was actually sitting out in the middle of the
2 intersection . It ' s over the Seventh Street -- kind
3 of comes up and is a little jog and it ' s a big
4 intersection with a stop light more closer to the
5 hospital and so there is a good distance there between
6 the actual stop light and where the intersection --
7 when you are entering the intersection where the
8 light itself was and he was arguing about that
9 because he was under the light , itself , that he
10 hadn ' t entered the intersection and that he didn ' t
11 run the red light as we were talking about and that
12 we tried to explain to him that , you know , where the
13 stop line was and everything , but it was fruitless ,
14 so we didn ' t continue to argue with him .
15 Q. 11hat happened after he was -- after Mr .
16 Kraft received a ticket and he was leaving? Tell
17 us what happened then .
18 A. Well , he was in the car and I was standing
19 outside still kind of directing traffic around the
20 vehicles and he got out and got into his vehicle ,
21 kind of slammed the door . I come around and got in
22 the patrol vehicle .
23 0, Slammed your patrol vehicle --
24 A. well no -- well he slammed that when he
25 got out . He slammed his when he was getting into his
82
1 vehicle , but then when I was getting into the vehicle ,
2 he started up his engine . I could hear he was revving
3 up his engine real loud and that kind of sounded a
4 little bit strange and then when he dropped it down into
5 gear , his tires started spinning and they didn ' t
6 stop spinning . He didn ' t stop and let off , he just kept
7 on spinning the tires and tore off into the intersection
8 there and he slid the back end of his vehicle . I
9 turned around and looked . We were sitting in our
10 vehicle and he slid across -- I guess it would be into
11 the westbound lane of traffic going into the inter-
12 section sliding .
13 Q, Across the center lane?
14 A. Yes , sir . And the tires were -
- he was
15 driving recklessly , so we turned our vehicle around
16 and turned on our lights in an attempt to stop him
17 and we stopped him -- it was under the bridge. on Seventh
18 Street about the fourteen hundred block of Seventh
19 Street we finally got him stopped ..
20 0. Who got out and made the arrest?
21 A. I did. .
22 0, Who put the cuffs on him?
23 A. I did .
24 0, Now , whose decision was it to allow him
25 the option to either have his car impounded or to allow
you to drive it off?
83
1 A. Officer Lane .
2 Q, And what decision did he make in that
3 respect?
4 A. He said he ' d rather have me drive the
5 vehicle so he wouldn ' t have to pay the impound .
6 R Did you drive the vehicle?
7 A. Yes , I did .
8 Q, Tell the Commission what you found out
9 when you drove his vehicle in regard to his brakes
10 and accelerator?
11 A. His accelerator didn ' t give any problem .
12 I started it up . The engine ran fine . It wasn ' t
13 loud or anything like that . I put it in gear and
14 took off . I tested the brakes as I was starting
15 because if there was something wrong with it , I wanted
16 to know about it before I went very far and they were
17 a little bit spongy , but I just pumped them a couple
18 of times and they worked fine . I went down to Seventh
19 Street and turned right and didn ' t have any problems
20 slowing or anything and I pulled in a kind of business ,
21 doctor ' s office or something .
22 Q. So , if Mr . Kraft testified that he had
23 accelerator problems , you agree or disagree with this?
24 A. I disagree . It didn ' t give me a bit of
25 trouble .
84
What kind of attitude did Mr . Kraft have
2 on the way back to the station?
3 A. All the way back to the station , he was
4 talking -- I don ' t remember anything specifically . He
5 was argumentative and belligerent and cursing some .
6 Larry tried to -- tried several times to explain to
7
him everything , but he kept on saying , why , why are
8 you doing this to me . I got the impression that maybe
9 he thought we were trying to pick on him or something .
10 0, Did you personally try to explain to him
11 what you were doing and why?
12 A. When I first -- I walked up to the vehicle
13 and I explained to him that he was being arrested for
14 traffic violations from the way he had recklessly taken
15 off and driven down the street . He just kept on talking ,
16 sometimes in reference to that and sometimes about other
17 stuff .
18 Q. You say from the time you left that scene
19
until the time you got to the run around , he was
20 belligerent and used curse words?
21 A. Yes , sir . I can ' t remember specifically
22 what was said -- you know, any particular names or
23 anything like that , but he was cursing and using
24 abusive language and he was -- I guess you couldn ' t
25 say argumentative because there was no one to argue
85
1 with , but he was presenting one side of an argument .
2 Q. What kind of an attitude did officer Lane
3 have at that point?
4 A. Polite and courteous to him. He tried
5 several times to answer his questions and then he
6 just quit trying to even -- at a point , he quit
7 trying to explain because he told him the same things
8 repeatedly and it didn ' t seem to sink in .
9 Q, When you got back to the station and got
10 into the book-in area , did you observe what happened
11 there?
12 A. Yes , sir , I did .
13 Q. Did you hear the language that Mr . Kraft
14 was using?
15 A. Yes , sir .
16 g. How would you characterize that language?
17 A. He was very abusive . At times he was
18 loud and it was just somewhat smartalecky in some
19 respects about different questions that Larry had to
20 ask him on his report -- seemed like he was smartaleck
21 in answering .
22 Did you observe Larry Lane strike Mr .
23 Kraft?
24 A. Yes , sir .
25 0. Did you come around Kraft and take him
86
1 by the arm?
2 A. I was holding him before that .
3 Q. Tell us why you were holding him .
4 A. Larry had told him several times to' stay
5 close to the counter and at different times , he would
6 kind of walk off a little bit . I came around to hold
7 him up against the counter to prevent him from kicking
8 or anything . Seems like he was getting more and more
9 hostile and I thought I would hold him against the
10 counter and maybe that would prevent him from kicking
11 at Larry or something like that .
12 Q. Did Mr . Kraft at any time ever taunt you
13 or Officer Lane?
14 A. Taunt?
15 Q. Say , " come on , whip me , that ' s your job" ?
16 A. Later , when we were putting him into the
17 city cell -- when we put him back there and took the
18 handcuffs off , the door was closed already and he
19 threw himself up against the wall of the confinement
20 area and said a couple of times , "why don ' t you come
21 in and whip me , beat me" , stuff like that .
22 0� Did you make a statement to the Wichita
23 Falls Police Department specifically to Captain Davis
24 and Lieutenant Shelton?
25 A. Yes , I did .
37
1 (At which time Respondent ' s
Exhibit No . 2 was marked for
2 identification and hereby
made a part of this pro-
m ceeding . )
4 Q. At this time I want to show you what has
5 been marked as Respondent ' s Exhibit No . 2 and ask you
6 if you can identify that?
7 A. This is -- I haven ' t read every word ,
8 but I think it ' s the same statement --
9 Q. Do you still stand by the statement you
10 made on that occasion?
11 A. Yes , I do .
12 MR. ANDERSON : I ' d like to
13 ask that this be admitted into evidence .
14 Pass the witness .
15 CROSS EXAMINATION
16 BY MR. WILLIAMS :
17 Q. Officer Coughlin , is it a normal practice
18 to arrest people for a traffic violation?
19 A. No , it isn ' t .
20 Q. Why was it done in this case?
21 A. Because he had already been given a
22 couple of citations and he was driving recklessly and
23 I felt he could endanger himself or someone else
24 with his driving . Apparently the citations that had
25 been issued to him hadn ' t had any effect on him and
89
1 he continued to drive recklessly and carelessly .
2 MR. WILLIAMS : No more
3 questions .
4 MR. ANDERSON : No questions .
5 MR. CHAIRMAN : Thank you .
6 MR. RODRIGUEZ : Charles
7 Gates is the next witness .
8 CHARLES GATES ,
9 having previously been sworn to testify to the truth ,
10 the whole truth and nothing but the truth , testified
11 on his oath as follows :
12 DIRECT EXAMINATION
13 BY MR. . ANDERS014 :
14 Q. State your name , please .
15 A. Charles R . Gates .
16 Q. How are you employed?
17 A. Jailer , city jail .
18 Q For the City of Wichita Falls?
19 A. Yes , sir .
20 Q. And you were employed in that capacity
21 May 19 of this year?
22 A. Yes , sir_ .
23 Q. And were you on duty around 11 : 30 to
24 12 : 30 on that night?
25 A. Yes , sir .
89
1 0. Do you recall an incident where there was
2 an officer Lane who had a prisoner , Samua.l Kraft?
3 A. Yes , sir .
4 Q. Can you tell the Commission and members
5 of the Commission what type of language that Mr . Kraft
6 was using on that particular occasion?
7 A. The exact language , I couldn ' t exactly
8 _recall at this point . It was at times -- at times ,
9 it was loud and it was that way from the time of bringing
10 him in through the gate . AS far as actual words , I
11 couldn ' t say what the actual words would be at this
12 moment .
13 0 Was Kraft in anyway using vulgar or
14 obscene language?
15 A. He may have , sir , he may have .
16 (?. Do you wear a hearing aid?
17 A. Yes , sir .
18 Q. Do you have a problem hearing?
19 A. Yes , sir , I have problems hearing and
20 understanding exactly the words or how they are pro-
21 nounced. . I have to at times be looking right at the
22 person .
23 But , even with your hearing aid. , you could
24 tell that Mr . Kraft was at times being loud?
25 A. Yes , sir .
90
1 Q. Did you notice Officer Lane trying to
2 book-in Kraft?
3 A. Yes , I did .
4 Q. And did Kraft ever interfere in that
5 booking process?
6 A. At the point of walking away and did it
7 repeatedly .
8 Q, Was there ever any time when you felt
9 that there was a potential problem with Kraft as far
10 as violence was concerned?
11 A. As far as violence , I couldn ' t honestly
12 say , sir .
13 Q. Did you, at any time , ever walk back
14 around behind Kraft and stop and watch the situation?
15 A. Yes , sir .
16 Q. What was the purpose or the reason for
17 that?
18 A. I had walked out and got a drink of water
19 and stood in the background after that . There was
20 no one else to book-in at that time .
21 Q. Did you feel there was any potential of
22 violence there?
23 A. Not potential of violence , no , sir .
24 g Have you ever seen an individual -- any
25 incident when an individual would attack an officer
91
1 down in the book-in area?
2 A. How do you mean , sir?
3 Q, Well , strike him, kick him, anything of
4 that nature?
5 A. The only way I can answer that , sir , is
6 a subject , when they ' re rowdy and are told to put their
7 hands on the counter and if they move , they are told
8 to leave their hands right on the counter .
9 Q. What about the prisoners when the hands
10 are still handcuffed?
11 A. They are told to stand at the counter
12 and to listen to the officer and answer the questions .
13 Q. How long have you been a jailer down
14 there?
15 A. Approximately two and a half years .
16 0, Have you ever seen a prisoner kick an
17 officer down there?
18 A. I ' ve seen them attempt it , yes , sir .
19 Q. Do you recall after officer Lane finished
20 all of his booking papers what happened with Kraft
21 at that point?
22 A. Well , I was in the background and I
23 heard some noise and I wasn ' t looking directly at the
24 subject or the officer at that present time .
25 Q, Were you there when officer Lane placed
92
1 Kraft in the holding tank?
2 A. No , sir, I was -- that part , I 'm not too
3 sure of . I don ' t recall that . Not too sure .
4 Q. Were you there after Officer Lane had
5 left and while Kraft was still in the cell?
6 A. Yes , sir .
7 Q. Tell us what kind of attitude , what kind
8 of problems , if any , you had with Kraft after that?
9 A. He was very loud , using abusive language ,
10 I felt . Banging on the doors and disturbing other
11 subjects .
12 Q. All right . Did you do anything?
13 A. Yes , sir , I moved him down , myself --
14 myself and the other gentleman moved him down to number
15 eight tank where it would be further away from the
16 other subjects , hold the noise down and he continued
17 the noise .
18 Q, Did you see him throw the shoe at Jailer
19 Donnell?
20 A. Yes , sir .
21 Q. Did he hit Donnell?
22 A. Yes ,. sir .
23 Q. And how long was it before he was bonded
24 out?
25 A. I don ' t recall the time he was bonded out
93
1 because I think he was still there when we left .
2 MR. ANDERSON : Nothing
3 further .
4 MR . WILLIAMS : No questions .
5 MR. CHAIRMAN : You may step
6 down .
7 BRUCE DONNELL ,
8 having previously been sworn to testify to the truth ,
9 the whole truth and nothing but the truth , testified
10 on his oath as _follows :
11 DIRECT EXAMINATION
12 BY MR. ANDERSON :
13 Q. !,dill you tell the members of the
14 Commission how you are employed?
15 A. Police jailer for the Wichita Falls
16 Police Department .
17 Q Are you a commissioned police officer?
18 A. N o .
19 Q. How long have you been employed as a
20 jailer?
21 A. About five months now .
22 Q, And what are you -- what is your job
23 as a jailer?
24 A. To book-in the prisoners and. process them,
25 take their photographs , fingerprints and give them
94
1 their phone call , things like that .
2 Q. Do you remember Samual Kraft?
3 A. Yes .
4 Q� Did you see him on the night or early
5 morning of May the 19th or 20th?
6 A. Yes , I did .
7 Q. What kind of language was he using?
8 A. Most of it was -- some of it was abusive
9 and the talking , it was interferring with the work .
10 Q. Interf_erring with what work?
11 A. The booking process ,
12 0. Was he at any time argumentative?
13 A. Yes .
14 MR. CHAIRMAN : I think that ' s
15 pretty well been established that he was
16 abusive and argumentative .
17 (?, (By Mr . Anderson) Tell the Commission
18 whether you were present at the time Mr . Kraft was
19 put in a cell?
20 A. I was not .
21 0, Were you present at the time when Mr .
22 I:raft was later moved?
23 A. I was .
24 0. Tell the Commission what happened on that
25 occasion .
95
1
A. He was back there , kept complaining, , asking
2
for the telephone and we told him that we were busy
3 and we would let him use the phone when we could and
4 he started using abusive language toward us and other
5 prisoners , so we decided to take him out of there and
6 put him in a place by himself . So we put him in a
7
drunk tank .
8 �. Did he cooperate with you in all respects
9 as far as the transfer was concerned?
10
A. Most of it . he did .
11
Q, How did he not?
12
A. When we put him back in the drunk tank ,
13
he didn ' t want to take off his shoes at first .
14
Q. Is there a requirement that that be done?
15
A. Uh huh .
16
(?. Tell us what happened then when he
17
finally did take off his shoes .
18
A. The first shoe he took off , I was standing
19
by the -- about half way in the doorway and he hit my
20
shin with the shoe . The next one he threw right next
21
to the shoe .
22
Q, Did you take any action toward him at
23
that time?
24
A. No , I just -- after the shoes , I just
25
moved them out of the wav and we shut the door .
96
Did he continue to yell and bang on the
2 door?
3 A. Uh huh .
4 MR. A..NDERSON : Pass the
5 witness .
6 MR. WILLIAMS : No auestions .
7 MR. CHAIRMAN : Step down .
8 DA.RRELL BRUCE ,
9 having previously been sworn to testify to the truth ,
10 the whole truth and nothing but the truth , testified on
11 his oath as follows :
12 DIRECT EXAMINATION
13 BY p-J . ANDER.SON :
14 Q. State your name for the Commission ,
15 please .
16 A. My name is Darrell Bruce .
17 Q. Tell the members of the Commission how you
18 are employed .
19 A. Deputy Sheriff_ for Wichita County .
20 Mr , Bruce , during the month of May ,
21 did you have occasion to arrest an individual that
22 later became belligerent?
23 A. Yes , I did .
24 Would you tell the members of the
25 Commission whether that person was handcuffed or not?
97
1 A. Yes , he was .
2 Q, And where was he placed?
3 A. He was placed in the back of my patrol
4 unit .
5 MR . CHAIRMAN : Is this after
6 the incident at the police station?
7 Q, What date was it; do you recall?
8 A. I believe it was the latter part of May ,
9 about May 28th .
10 MR. CHAIRMAN : If it ' s not
11 involving the incident at the police
12 station that we saw on the tape , the
13 Commission , I don ' t think , would be
14 interested in hearing it .
15 MR. ANDERSON : I think it bears
16 on that incident .
17 MR. CHAIRMAN : In all
18 fairness to you , we wouldn ' t be influenced
19 by it one way or the other and in the
20 interest of time , I wish you wouldn ' t
21 because we are not going to consider it .
22 MR. ANDERSON : Okay . Thank
23 you , Deputy Bruce .
24 MR . ANDERSON : We call
25 Larry Lane .
98
1 LARRY LANE ,
2 having first been duly cautioned and sworn to testify
3 the truth , the whole truth and nothing but the truth ,
4 testified on his oath as follows :
5 DIRECT EXAMINATION
6 BY MR. ANDERSON :
7 Q. would you state your full name , please?
8 A. Larry Lane .
9 Q. Officer Lane , how are you employed or
10 how were you employed before the suspension occurred?
11 A. Police officer for the City of Wichita
12 Falls .
13 And how old a man are you?
14 A. Twenty-eight .
15 0. Were you born and raised here in Wichita
16 Falls?
17 A. Yes , sir , I was .
18 Q, What is your family status?
19 A. I 'm married and have two children .
20 Qo And how old are your kids?
21 A. One is five and one is two .
22 Q: You said you were a police officer -- now ,
23 are you employed in any way?
24 A. Yes , sir .
25 Q, Do you have any income from any other source
99
1 A. I didn ' t at the time I was suspended
2 with the police department .
3 Q, Since the time of the suspension , you ' ve
4 gotten another job?
5 A. Yes , sir .
6 Q I ' m talking about around May the 19th ,
7 did you have any income from any other source?
8 A. No , sir .
9 0, would you tell the Commission what your
10 educational background. is?
11 A. I graduated from Wichita Falls High
12 School , twelfth grade .
13 0. Are you a member of any church?
14 A. member of the First Assembly of God on
15 McNeil .
16 0. And what is your association with that
17 church? What activities do you attend at that church?
18 A Well , whenever there is outside programs ,
19 we ' re involved in a new building program for a family
20 youth center attached to the church -- whenever we have
21 outside activities , I help with that . I ' ve been the
22 piano player and organ player -- I play electric
23 base -- a lot of instruments and I have played all those
24 for several years at the church that I went to ..
25 Q. Then --
100
1 A. At present , we just finished a women ' s
2 softball league which I was assistant coach for that was
3 for the church .
4 0. And you say you have been a member of
5 the police force for how long?
6 A. A little over .four years .
7 Q. Do you recall -- and you were present
8 while all the other individuals testified- is that
9 correct?
10 A. That ' s correct .
11 Q. As far as the events leading up to the
12 accident that Officer Kaufman testified to ; is that
13 basically the way you remember it?
14
A. Yes , sir .
15 Q. Tell us what happened at the scene of
16 the accident when Mr . Kraft got into the vehicle .
17
I4'IR. CHAIRMAN : We don ' t
18 care to -- let ' s go to the police station .
19
Q. (By Mr . Anderson) At the time you entered
20 the police station, what type of problems , if any , were
21 you having with Mr . Kraft?
22 A. Very argumentative , used obscene language
23 toward me and toward the situation . He kept asking
24 questions as far as why this , why that , such as why
25 he was arrested , why he was going to jail , why were
101
1 we treating him like we was and each time I tried to
2 explain , then he would continue with the same line of
3 questions , why this , why that . He would never let me
4 completely discuss the reasons without some type of
5 interference and therefore , after a while , I was just
6 going ahead and continuing on with my explanation of
7 the actions even though he was objecting and. trying
8 to find out why .
9 9• Officer Lane , you saw the video tape along
10 with everybody else . Do you admit striking Kraft?
11 A. I do .
12 9. You heard Kraft testify that your fist was
13 doubled up like that when you struck him; is that true
14 or false?
15 A. False .
16 Q. Would you tell the Commission why you
17 struck him?
18 A. I believe I was angry at him .
19 Q. Why were you angry at him?
20 A. Because of the lack of communication to
21 the point where he wouldn ' t listen to me as I tried to
22 answer his personal c,uestions .
23 g, Mr . Lane , were you right or were you
24 wrong when you struck him?
25 A. I was wrong .
103
1 0, And if you had it to do over again , would
2 you do it differently?
3 A. Yes , sir .
4 Q. Do you consider that Kraft in any way
5 provoked you that night?
6 A. Yes , sir .
7 Q, Do you understand that a police officer
8 has to be stable enough not to succumb to provocation
9 of that type , to maintain his actions such as they are
10 not harmful to other people ; you understand that?
11 A. Yes , sir .
12 Q. Do you feel like that if this Commission
13 gave you a chance , that you could change your attitude
14 and your actions in the future to conform to that
15 standard?
16 A. Most definitely .
17 9, Are you a wealthy person?
18 A. No , sir .
19 Q, How has this particular proceeding
20 affected you?
21 A. First off mentally and physically and
22 then , of course , financially and then bothered my whole
23 family .
24 0. Do you still have to defend yourself on
25 a criminal charge once this proceeding has been resolved?
104
1 MR. CHAIRMAN : I thought that
2 had been motioned out by limine ,
3 counsellor?
4 MR. ANDERSON : No , sir .
5 MR. CHAIRMAN : I thought
6 that is what the motion in limine dealt
7 with .
8 MR. ANDERSON : That dealt
9 with other occurrences , if any .
10 MR. CHAIRMAN : By any other
11 charges , I thought you meant any other
12 than this trial , but go ahead .
13 A. Please repeat the question .
14 Q My question was , do you still have to
15 defend yourself on a criminal charge after this matter
16 has been resolved?
17 A. Yes , sir . I do .
18 Q. Have you ever been arrested before?
19
A. No , sir .
20 Q, Have you ever been charged with anything?
21 A. No , sir .
22 MR. ANDERSON : Pass the
23 witness .
24 CROSS EXAMINATION
25 BY MR. WILLIAMS :
105
1
Q. Officer Lane , you issued how many tickets
2
to Owen Kraft?
3
A. All together?
4
Q. Yes .
5
A. Nine .
6
Q. Would you just list the charges for us .
7
A. I don ' t remember all of them . They started
8 out , running red light , failure to have minimum
9 coverage insurance for the safety responsibility act ,
10 improper take off from stopped position , driving
11 left of center , failure to yield right of way - I
12 don ' t recall .
13
Q. What was the total distance that you
14
observed nor . Kraft driving his vehicle?
15
A. The total ?
16
Q. Yes , about what distance are we talking
17 about for these nine tickets?
18 A. Okay . The first time he was stopped , he
19 was issued only two citations at which time the
20 distance I saw him was probably seventy-five to a
21 hundred feet in which the accident occurred , then
22 the rest of the time was a block from Brook and
23 Seventh , past the Holliday ramp and underneath the
24 overpass .
25
Q, He committed seven traffic violations
�egaz
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r
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12 4• az z e s
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1a A• �1nat specs. e Was a speciti
15 � dpn� t th ik the r
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16 A`
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11 pYOVo�e the"first time Y
t�at s
18 tv?a( of language?
,e th_'
19 i�aiv�dua1S No r
20 A• C 1.
>t which time
(P
1 was marked
2� NO • ar
identification ti
22 made a part of
23 I hand yol
(By Mr rjillianms)
2�
25
City s Exhibit rIo .
Cation as
marked for identifi e
2 ntify that?
1 been ... id
l and ask you if You
Sir -
A yes
3 is � to
it? ndum
�1h at memo r a
4 It is an inter-offlce of command re
5 A erVisOr in the chain Samual
sup st myself from
Tay immediate
6 faint again'
the comp
7 garding finement ,
in con,_
Owen Kraft • from the area h on
8 Starting the third. paragrap
9 I belleVe
10 read that to us . theCon-
the firs A.t page *
talkina about inside
11 You are
12
finer1ent area'
13 � Right . , t be the first page .
14 That w°uldn t right there
A Star
15 IJet me show you .
16 ntlnOn . conti,1ued
ue Kr of t
17 and co A. While in confinement ' ery tin
talking ev
start
18 ntinuously and would and seVera
t
19 talk co to tell or ask him anyhing officers Terror
20 I attempted im to stop talking ' king s° that
21 times I told h told him to stop tal talked
u
d Kaufman also but he still
22 an communicate with him ► tlon for the book
23 Could ting to get informa s face wits
was
attemp I grabbed hi
24 I as still arguing '
25
As he w
108
1 left hand and turned it to face me so maybe he would
2 listen to me and answer my questions . He did stop
3 talking as I held his face , but when I let go , he
4 started arguing again . Several times he would start
5 walking away and had to be brought back to the book-in
6 area . He would also get close to me to antagonize me
7 and/or Officer Terronez . Kraft again got close in
8 talking so I pushed him away with my elbow. He
must
9 have been off balance because he took two or three steps
10 away from me . Each time I touched his skin , I got
11 an oil film from him and had to wipe my hand on his
12 shirt several times .
Kraft stayed in cuffs because
13 he was so antagonistic and could not follow directions .
14 He would have been harder to control than he was if
15 they had been removed .
Kraft was taken to the city
16 confinement area and Jailer Gates removed the cuffs .
17 After the first side had been removed , I held Kraft ' s
18 right hand in a wrist lock until Gates unlocked the
19 other half of the cuffs at which time Kraft entered
20 the cell area and told us several times to come on
21 and beat me up . .After
he walked into the confinement
22 area , the door was locked and we started to leave
23 and as we started to leave , he started arguing with
24 the other people in the lock up area . We walked back
25 to the book-in counter and I
attempted to finish the
109
1 paperwork .
2 Q. Officer Lane , do you still believe that
3 accurately represents or describes what happened in
4 the book-in area?
5 A. With some deletions .
6 Q. Some deletions , what would you delete?
7 A. The striking of Owen Kraft by my hand
8 in his face .
9 Q. You would delete that?
10 A. No , that ' s what I did delete .
11 Q, In other words
__you would add that?
12 A. Yes , sir .
13 Q. What else would you add?
14 A. I don ' t believe so .
15 Q. Anything that you would subtract?
16 A. I don ' t believe so .
17
Q. Officer Lane , is this the first time
18 You ' ve heard this type Yp of language?
19
A. No , sir .
20 Q. Do You really believe it will be the last?
21 A. No, sir .
22
MR. WILLIAPIS : Pass the
23 witness .
24 REDIRECT EXAP�IINATION
25 BY I"'� ANDERSON :
110
1 Q. Officer Lane , in response to Mr . Williams '
2 question , you told him that Kraft did not commit
3 seven traffic violations after he left the scene of
4 the accident . Now, you told us that you wrote him
5 a total of nine tickets and in case the Commission
6 has a question about that , I want to ask you at this
7 time to clear it up -- what was the reason for the
8 tickets and why were they given when they were given?
9 A. At first off , I thought it may have just
10 been a human error or mistake that the accident had
11 occurred . That still may be the case . There were
12 still several violations that at the time he was not
13 issued , the violation -- the citations for those
14 violations .
15 Q. Are you telling the Commission that he
16 committed several more violations at the accident
17 that you didn ' t cite him for initially?
18 A. Yes , sir .
19 Q, Now why didn ' t you cite him for those
20 violations initially?
21 A. For one thing , tickets are expensive
22 and I wanted to kind of give him a break .
23 Q. Later on down the street , why didn ' t you
24 have his car impounded?
25 A. Because it would have cost him another
111
1 fifty or so to get it out .
2 Q. Do you have any animosity toward Samual
3 Kraft?
4 A. N o .
5 0 Did you know him before the night of
6 May the 19th?
7 A. No , sir .
8 Q. Had you ever seen him?
9 A. Not to my knowledge .
10 MR. ANDERSON : Pass the
11 witness .
12 MR. WILLIAMS : No further
13 questions .
14 MR. CHAIRMAN : Do you think
15 it ' s more serious for a police officer to
16 strike a prisoner who is handcuffed than
17 one who is not handcuffed?
18 THE WITNESS : Yes , sir .
19 MR. CHAIRMAN : Why?
20 THE WITNESS : He might not
21 be able to defend himself as efficiently
22 as he could if he wasn ' t handcuffed .
23 MR. CHAIRMAN : Do Vou feel
24 that you were using more force than was
25 reasonably necessary to keep Mr ., Kraft
112
1 at the book-in desk?
2 MR. ANDERSON : Mr . Chairman ,
3 could I ask you to narrow that Question
4 down to what point since there were
5 several instances . You may need to
6 clarify that .
7 MR . CHAIRMAN : As I recall the
8 tape , there were about three instances ,
9 one of holding his mouth and face and
10 one of hitting him in the head with your
11 hand or fist , as one may characterize it ,
12 and I believe elbowing him in the side or
13 arm,, as one may characterize it . In each
14 of those instances , did you feel that
15 those were necessary to keep Mr . Kraft
16 at the book-in desk?
17 THE WITNESS : I thought at
18 the time that it would help control
19 the situation to where it wouldn ' t get
20 any further out of hand and that maybe
21 I could get his attention to where
22 there wouldn ' t be such an argumentative
23 atmosphere between those involved .
24 MR. CHAIRMAN : Were you
25 deliberately doing it then to restrain him
113
1 or doing it because you momentarily
2 lost your temper?
3 THE WITNESS : Probably
4 because I had lost my temper .
5 MISS WOOD : No questions .
6 MR. ANDERSON : No further
7 questions .
8 MR. WILLIAMS : No further
9 questions .
10 MR. ANDERSON : We rest .
11 MR. WILLIAMS : We rest .
12 (At which time a short recess
was taken , after which the
13 following proceedings were
had . )
14
15 MR. WILLIAMS : Members of
16 the Commission , it is important to judge
17 Larry Lane by the standard of police
18 officers rather than the standards of
19 an individual . An individual may have
20 many good qualities , but he can ' t stand
21 the pressures of the police officer ' s
22 life in the Wichita Falls Police Department
23 It is important to remember what is meant
24 by police badges . It is not a license to
25 do anything he pleases , not a license to
114
1 hit anyone who makes him mad . A police
2 officer ' s badge means that that individual
3 has taken an oath to defend the law , all
4 laws . It is not there to administer
5 punishment . Even if a police officer
6 has Jack the Ripper in custody , it is not
7 the police officer ' s job to ?punish him .
8 That is the rule of the court .
9 I think you need to consider
10 what would happen if you put. Larry Lane
11 back out on the streets as a police officer ,
12 a possibility of liability for the city
13 if Mr . Lane strikes someone else who
14 provokes him . He is a danger to his
15 fellow officers , if word gets out to those
16 individuals on the street that they might
17 be struck while handcuffed and in custody ,
18 we will have more resisting arrest cases .
19 And again the severeity of his actions .
20 He wrote nine tickets to an individual
21 and now indicates the individual did not
22 commit all nine --
23 MR. ANDERSON : He never said
24 that . We object . That ' s out of the
25 record .
115
1 MR. CHAIRMAN : We will be
2 guided by the evidence .
3 MR. WILLIAMS : We know what
4 happened in the jail with the prisoner
5 handcuffed , Officer Lane slaps and elbows
6 him and doesn ' t mention this incident in
7 his arrest report. He is less than candid
8 to his report to the Chief as he said he
9 would add striking the individual , so you
10 have to look and see if has been totally
11 candid with you . You ' ve got to ask
12 yourself if you can ' t trust a police
13 officer to tell the truth , who can you
14 trust . I would like to remind the
15 Commission to remember that a lot of
16 individuals have expended blood , sweat
17 and tears to make the Wichita Falls
18 Police Department a first class professional
19 organization . We cannot afford the
20 irresponsible actions by any police
21 officers to jeopardize that reputation .
22 We think you should uphold the police of
23 chief ' s order of indefinite suspension .
24 MR. ANDERSON : Members of the
25 Commission , I appreciate your allowing me
116
1 this brief moment to address you . I
2 know you have scheduling
g problems . This
3 blood , sweat and tears argument that he
4 just said strikes home with me because
5 I think of the four and a half_ _years of
6 blood , sweat and tears that Larry Lane
7 has spent to earn a living for his wife
8 and kids . We didn ' t come up here and
9 deny that Larry Lane struck Kraft . That
10 is not the point . That is not the issue
11 here . The issue is whether or not you ' re
12 going to uphold the indefinite suspension .
13 You ' ll recall that Curtis Harrelson ,
14 in his letter of suspension , stated that
15 Larry Lane repeatedly struck the
16 prisoner and committed a malicious
17 assault and battery . Now, I saw the tape
18 just as you did and I saw where he back-
19 handed him and I saw where he elbowed him
20 and I don ' t consider that to be a .repeated
21 striking nor do I consider it to be
22 a malicious assault and battery as the
23 media has blown it up to be . I am in not
24 in any way condoning it . Don ' t mis-
25 interpret what I ' m telling you . He did
117
1 wrong and he told you he did wrong . He
2 has admitted it and I think that his
3 actions and his testimony proved to you --
4 I hope that thev have -- that if he is
5 given a chance , that it will not happen
6 in the future .
7 Curtis Harrelson told you
8 that he pondered the decision before
9 he decided to go the indefinite suspension
10 route . He said it was a difficult
11 decision , which means that at least he
12 considered something less than an
13 indefinite suspension and that ' s all
14 we ' re asking you to do . Consider the
15 punishment he has already sustained and
16 what he will sustain in the future . He
17 is not a rich man . He has to pay a
18 lawyer , get booked out of jail . He has
19 had thirty days with no salary .from the
20 police department . He ' s got a wife and
21 a family to feed . He has to defend a
22 criminal action . You have heard Kraft
23 say he was looking for a lawyer to file
24 a civil action and he has to go through
25 that . Now , how much do you want to pile
118
1 on Larry Lane?
2 I think that the man has
3 paid for what he ' s done . He knows the
4 seriousness of his actions and I think
5 he has chosen not to commit the same
6 in the future . All he ' s asking for
7 is a second chance . I don ' t think that ' s
8 unreasonable under these circumstances
9 and I ask you please to consider those
10 facts when you make your deliberations .
11 Thank you very much .
12 MR. CHAIRMAN : Thank you .
13 We will be in a brief recess .
14 (At which time a short recess
was taken , after which the
15 following proceedings were
had . )
16
17 MR. CHAIRMAN : The Commission
18 has considered the case of Larry Lane
19 and unanimously find said Larry Lane
20 did these acts as alleged which constituted
21 a violation of the department rules and
22 regulations manual and as alleged by the
23 Chief of Police . The Commission
24 temporarily suspends Mr . Lane for a period
25 of six months from today without any pay
119
1 or other benefits connected with the
2 job which will put him back to work on
3 December the 24th , 1983 . The Commission
4 is adjourned .
5
6 (END OF PROCEEDINGS )
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
POLICE DEPARTMENT
CITY OF WICHITA FALLS
INTER-OFFICE MEMORANDUM
TO: Lt. Stone, Lt. Shelton DATE: 05-22-83
FROM: Officer David Terronez
SUBJECT: Owen Samuel Craft
On 05-19-83 1 was in confinement booking in a DWI when Officer Lane brought
in a black male (later identified as Owen Samuel Craft) , This subject was
extremely loud and used obscene language the moment he was brought in, He kept
yelling at Officer Lane and asking why he was under arrest. When Officer Lane
would try to explain the charges he would interrupt and ask why he was under arrest.
This occurred several times and Officer Lane finally told the subject to shut up.
The subject then started walking away from the bookin counter and was told by
Officer Lane to stay at the counter while he filled in the arrest card. The subject
continued to ask about the arrest and kept trying to walk off. The subject then
demanded to use the phone and was told ( I don 't know by who) that he would have
to wait until the paper work was done. Officer Lane asked subject where he was
born and subject asked why and Officer Lane explained it was on the arrest form.
The subject shouted he didn 't have to answer any questions. Jailor Gates then
tried to explain the question and the subject glared at Jailor Gates and asked
him (Gates) where he was born. At this point subject then yelled that he wanted
to use the phone. I then tried to tell the subject if he lower his voice and co-
operate that the paper work would get done sooner and he probably would leave
sooner but subject just continued to shout.
The subject then started argueing with my prisoner but quit when I removed my
prisoner to the drunk tank. When I returned the subject was standing extremely
close to Officer Lane as Officer Lane was writing on the arrest card. It appeared
to me that this subject was trying to antagonize Officer Lane but Officer Lane
showed great restraint towards this subject. At no time did I see Officer Lane
or any officer strike the subject. Officer Lane did grab the subject by the mouth
to shut him up. I feel that the subject should have been placed over the .counter ,anld
held there physically, with force if necessary to prevent him from walking around,
due to his belligerant attitude, and possibly causing harm to himself or the officers.
The subject was hostile and may have tried to fight but there were too many officers
present. All the time he was there the subject used a loud voice and abusive language
and would not cooperate..
POLICE DEPARTMENT T-_
CITY OF WICHITA FALLS
INTER-OFFICE MEMORANDUM
TO: Capt. Davis, Lt. Shelton DATE: May 24, 1983
FROM: Officer Coughlin
SUBJECT: Complaint Against Officer Lane
On 5-19-83 while being given a ride home by Officer Lane. The vehicle
Officer Lane was operating was struck by a vehicle driven by Owen Craft. Craft
had seen a red light after going around a vehicle stopped at the light and then
slid into Officer Lane's vehicle. Craft was very argumentative at the scene and
somewhat reckless in his conduct backing his vehicle up in the intersection of 7th
and Brook after he had run into us. Craft was given two tickets by Officer Lane
and also given the opportunity to sign the tickets which he did. Craft during
this entire time was very rude and argumentative. Neither Craft's vehicle or Offi-
cer Lane's vehicle received any damage as a result of the collision and no accident
report was made. Sgt. King did check both vehicles.
Craft then recklessly took off spinning his tires and sliding through the
intersection. Officer Lane and myself then turned around utilizing overhead lights
and siren and attempted to catch up and stop Craft again for his reckless departure.
Craft travelled the 1500 block of 7th and was stopped in the 1400 block of 7th and
arrested for his traffic violations. Craft's vehicle was a traffic hazard parked
blocking the traffic lane. Officer Lane gave Craft an option of either letting me
move his vehicle to somewhere where it would not be a traffic hazard or have it im-
pounded as a traffic hazard. Craft gave me permission to move his vehicle which I
did. When moving Craft's vehicle I noticed that there was no problem with the accel-
eration as he had reported and also that his brakes worked, although a little spongy.
Once in confinement Craft was uncooperative and talked and interrupted Of-
ficer Lane as he attempted to book him in. Craft began walking away from the counter
and Officer Lane pulled him back and told him to stay there. I stood behind Craft
and held him against the counter. Officer Lane told Craft to shut up while he was
asking him questions, however Craft continued to interrupt and Officer Lane slapped
him twice in the face open handed to shut him up. Craft shut-up and settled down
after a few minutes and I resumed working on some of the booking paperwork. Craft
continued to make smart-aleck comments and be uncooperative. Officer Lane at one
point hit craft in the side with his elbow, in attempt possibly to get Craft to quit
being so uncooperative. Sometime during the interview Officer Lane grabbed Craft's
face and told him something; however, I don't remember exactly what was said. Craft
was then taken and put into the city jail cell. After the handcuffs were removed and
the first door to the cell was closed Craft threw himself several times into the wall
stating something to the effect of, "Why don't you come in here and whip me". We then
left the area and I caught a ride with Officer Harper and left the confinement area.
Ken Coughlin
POLICE DEPARTMENT r
CITY OF WICHITA FALLS
INTER-OFFICE MEMORANDUM
TO: Sgt. King, Lt. R. Stone, Lt. J. Shelton DATE: May 21 , 1983
FROM: Officer L. Lane
SUBJECT: Complaint Against Officer L. Lane from Owen Samuel Craft
On 5-19-83 at around 11 :30 P.M. I was giving Officer Coughlin a ride to his
residence and was driving westbound on 7th st. Before I reached the intersection of
7th and Brook, the signal light changed green for westbound 7th and was green for at
least 10 to 15 seconds before I entered the intersection. There was a vehicle stopped
for the red light in the right northbound traffic lane on Brook. As I passed the front
of the stopped vehicle I started my left turn onto the left southbound traffic lane on
Brook. At that time I observed an older model Dodge with one person inside driving toward
me. I attempted to drive for the curb on the west side of Brook hopeing to avoid a
collision with the Dodge. The Dodge swerved left across the center stripe to avoid the
vehicle stopped at the red light loosing control of his vehicle and sliding toward my
police vehicle. My left rear bumper was struck by the Dodges front left bumper. A
supervisor was notified and Sgt. King came of the scene and checked both vehicles for
damage but found none. The blac!, male driver of the Dodge seemed highly upset. After
talking with the driver I rec0i:ved a drivers license and an expired insurance card and
I went back to the police car to check warrants and to write the citations. Two were
issued, one for the expired insurance and one for running the red light. Mr. Craft, the
driver of the Dodge, was asked to have a seat in my patrol car because he did not have
a rain coat and it was raining so that I could explain the citations to him and so he
would not get wet. It was explained to him that he would receive two citations one being
for the expired insurance card (it had expired sometime in January of 1983 and he stated
that he was waiting for the company to send him his new card) and that if he indeed had
insurance to contact his insurance company or sales man and let him know that he had
receaved a ticket for the expired card. All the time I was trying to explain to Craft-
he was talking and cussing very loudly and continuously interupted me whith his argueing.
He was so mad when he signed the tickets, that he scribbled his name to them all the while
talking very harshly to me and when I handed him his copy he jumped out of 1-11y car and
before I could tell him how to take care of the tickets he slamed my car door and stomped
over to his car. When he got in his car he again slamed the door shut. As he started his
car the engine revved as if the gas peddle had been pushed to the floor. The car was
placed in gear and Craft spun the tires for a considerable distance and slid through the
intersection.Craft drove eastbound on to 7th st. and I turned around to stop him again.
POLICE DEPARTMENT
CITY OF WICHITA FALLS
INTER-OFFICE MEMORANDUM
TO: Sgt. King, Lt. Stone, Lt. Shelton DATE: May 21 , 1983
FROM: Officer L. Lane
SUBJECT: Complaint Against Officer L. Lane
He was stopped on 7th under the Holliday overpass in the only eastbound traffic lane.
Officer Coughlin was riding with me and he went to Craft and placed him under arrest
for traffic offences. Craft was placed in my patrol car and was advised that he could
let Officer Coughlin drive his car to the nearest parking lot or he could let me call
a wrecker Bence it had been stopped in a no parking zone. He elected to let Coughlin
park it. Coughlin started the Dodge and drove it to the parking lot without any problems
of spinning the tires or high engine speeds on the wet pavement. Craft explained that
he had to pump the gas peddle to keep the car running but again Coughlin had on problem.
Craft continuously used cuss words and was very hostile toward this officer. Craft
argued that he hadn' t done anything wrong.
It had just started raining shortly before the collision and the streets were
very slick. Craft was driving at an unsafe speed for the conditions and this combined
with Craft being in such an upset state of mind from being issued the first tickets
that it was in this officers opinion that Craft could cause another accident or be in
another one himself. This was the main reason that Craft was arrested for the additional
traffic violations and being transported to confinement to post bond on the tickets.
While in confinement Craft continued to talk continuously and would start
talking every time I attempted to tell or ask him anything and several times I told
him to stop talking. Officers Terronez and Coughlin also told him to stop talking so
that we could communicate with him but he still talked while I was attempting to get
information for the bookin. As he was still arguing I grabbed his face with my left
hand and turned it to face me so maybe he would listen to me and answer my questions.
He did stop talking as I held his face but when I let go he started arguing again.
Several times he would start walking away and he would have to be brought back to the
booking counter. He would also get close to me to antagonize me and/or Officer
Terronez. Craft again got too close and persisted in talking so I pushed him away with
my elbow. He must have been off balance because he took two or three steps away from me.
Each time I touched his skin I got a oil film from him and I had to wipe my hand on
his shirt several times. Craft stayed in cuffs because he was so antagonistic and
could not follow directions. fie would have been harder to control than he was if they
POLICE DEPARTMENT
3
CITY OF WICHITA FALLS
INTER-OFFICE MEMORANDUM
TO: Sgt. King, Lt. Stone, Lt. Shelton DATE:, May 21 , 1983
FROM: Officer L. Lane
SUBJECT: Complaint Against Officer L. Lane
had been removed. Craft was taken to the city confinement area and jailor Gates
removed the cuffs. After the first side had been removed I held Crafts right hand
in a wrist lock until Gates unlocked the other half of the cuff at which time Craft
entered the cell area and told us several times to ''come on and beat me up''. After
he walked into the confinement area the door was locked and as we started to leave
he started arguing with the other people in the lockup area. We walked back to the
booking counter and I attempted to finish the paperwork.
Of ARRY E. LANE
123
1 THE STATE OF TEXAS X
2 COUNTY OF WICHITA X
3 I , Linda Compton , a Notary Public within
4 and for the State of Texas , do hereby certify that
5 on the 24th day of June , 1983 , at the City of Wichita
6 Falls , I reported in shorthand the proceedings had at
7 that time , and that the above and foregoing is a
8 Lull , true , correct and complete transcript of my
9 shorthand notes so taken by me at said timeand place .
10
11 Linda Compton , S orthand
Reporter and Notary Public
12 for the State of Texas
13 My Commission Expires : 1-6-85
14
15
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18
19
20
21
22
23
24
25
No.
FIREMEN'S AND POLICEMEN'S X
CIVIL SERVICE COMMISSION OF X
THE CITY OF WICHITA FALLS, TEXAS X BEFORE THE HONORABLE FIREMEN'S
X AND POLICEMEN'S CIVIL SERVICE
VS. X COMMISSION OF THE CITY OF
X LARRY EDWARD LANE WICHITA FALLS, TEXAS
S
MOTION TO SET ASIDE INDEFINITE SUSPENSION
AND FOR IMMEDIATE REINSTATEMENT
OF POLICE OFFICER WITH FULL RIGHTS AND COMPENSATION
TO THE HONORABLE MEMBERS OF THE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE
COMMISSION OF THE CITY OF WICHITA FALLS, TEXAS:
COMES NOW, Larry Edward Lane, Appellant, before this Honorable
Commission, by and through his attorneys of record, Hank Anderson and Rosendo
Rodriguez, Jr., and respectfully moves that the indefinite suspension ordered
against him by Chief of Police, Curtis Harelson, on May 24, 1983 be immediately
set aside and that he be immediately reinstated will full rights and compen-
sation to his position as police officer for the City of Wichita Falls, Texas,
and as grounds for said motion would show this Honorable Commission as follows:
I.
On May 24, 1983, Curtis Harelson, Chief of Police for the City of
Wichita Falls, Texas caused to be delivered to Larry Edward Lane, a copy of
a letter informing him of Mr. Lane's indefinite suspension from the 'Wichita
Falls Police Department for Mr. Lane's alleged violation of Section 3.192 of
the Wichita Falls Police Department Rules and Regulations Manual. The original
of the letter of indefinite suspension was delivered to the Honorable Civil
Service Commission of the City of Wichita Falls, Texas. The said Section 3.192
is set out verbatim in the letter of indefinite suspension, which letter is
attached as Exhibit "A" hereto and incorporated by reference for all purposes.
Furthermore, the specific alleged acts of Mr. Lane which allegedly constitute
the violation of Section 3.192 are set out in the letter of indefinite suspension.
The letter of indefinite suspension further goes on to state that this alleged
violation of departmental rules and regulations constitutes grounds for indefinite
suspension under Rule XIV, Section 31, of the Civil Service Rules of the City
of Wichita Falls, Texas. Nowhere in the letter of indefinite suspension is the
text of Rule XIV, Section 31 of the Civil Service Rules of the City of Wichita
Falls, Texas set out verbatim, nor is the title of said Rule of the Civil Service
Rules of the City of Wichita Falls, Texas set out. Furthermore, nowhere in
the letter of indefinite suspension is it stated that Section 3.192 of the
Wichita Falls Police Department Rules and Regulations Manual was adopted by
the Firemen's and Policemen's Civil Service Commission of the City of Wichita
Falls, Texas as a civil service rule. Furthermore, nowhere does the letter of
indefinite suspension inform Mr. Lane or this Honorable Commission that any of
the alleged wrongful acts of Mr. Lane were in violation of any civil service rule.
II.
Section 16 of the Firemen's and Policemen's Civil Service Act,
Article 1269m, Vernon's Texas Civil Statutes, in relevant part states that
the written statement filed with the civil service commission advising said
Commission of the indefinite suspension shall not only point out the civil
service rule alleged to have been violated by the suspended employee but shall
contain the alleged acts of the employee which the department head contends
are in violation of the civil service rules. The above cited statutory pro-
vision further provides that it shall not be sufficient for the department
head, in this case meaning Chief Harelson, merely to refer to provisions of
the rules alleged to have been violated.
III.
In this case, the letter of indefinite suspension to Mr. Lane does
not even state that a civil service rule has been violated. It cannot be
assumed that the City of Wichita Falls incorporated into its civil service
rules all departmental rules and regulations of the Wichita Falls Police De-
partment. Very simply, in violation of Section 16 of Article 1269m, Mr. Lane
has not received adequate and sufficient notice of the charges against him so
that he can prepare a defense and a mandatory statute regarding said notice
provisions has been violated. The letter of indefinite suspension is fatally
defective as a charging instrument and it cannot now be amended. This is
tantamount to being a. fundamental error. It is clearly the duty of this
Honorable Commission to set aside the indefinite suspension of Officer Larry
Edward Lane and to reinstate him with his rull rights and full compensation.
IV.
Furthermore, the failure of the letter of indefinite suspension to
give adequate notice to Officer Lane of which civil service rule he violated
-2-
any act in violation of any rule or regulation that is not the subject of the
suspension letter of May 24, 1983.
Respectfully submitted,
ANDERSON$ ANDERSON & RODRIGUEZ
916 Petroleum Building
Wichita Falls, Texas 76301-2652
(817) 322-1119
BY:
Hank Anderson
Bar #01220500
ATTORNEY FOR MOVANT
NO.
FIREMEN'S and POLICEMEN'S § BEFORE THE HONORABLE
CIVIL SERVICE COMMISSION OF § FIREMEN'S and POLICEMEN'S
THE CITY OF WICHITA FALLS, TEXAS § CIVIL SERVICE COMMISSION
VS. §
§
LARRY LANE § OF THE CITY OF
§ WICHITA FALLS, TEXAS
MOTION IN LIMINE
COMES NOW, LARRY LANE, the Movant, and files this his Motion in Limine
and would show the Commission the following grounds and argument in favor
thereof.
I.
That on the 24th day of May, 1983, the Movant was presented with a
letter from Chief of Police, CURTIS HARRELSON, wherein certain allegations were
alleged against LARRY LANE, supposedly showing a violation of the Wichita Falls
Police Department Rules and Regulations.
11.
The Movant has relied upon the allegations set forth in the letter of
May 24, 1983, in preparing his defense to such charges.
III.
It would be unfair to allow the City Attorney, or any assistant or any
witness to refer to, allude to, or otherwise make statements concerning any
other charges or alleged violations supposedly committed by LARRY LANE, if any,
for the reason that LARRY LANE was not notified of such violation and has not
had an opportunity to prepare a defense to any such allegation. The Movant is
entitled to be tried on the charges lodged against him in the letter of May 24,
1983, and no other charges. To bring up any other alleged violation would serve
no purpose other than to prejudice or bias this Honorable Commission.
With the above facts and argument in mind, LARRY LANE respectfully
requests this Honorable Commission to instruct the City Attorney for the City of
Wichita Falls, or any of his assistants or employees and all witnesses for the
City that they will not be allowed to refer to, allude to, or in any other
manner make any statement concerning any allegation that LARRY LANE committed
is in violation to his right to due process of law as that right is guaranteed
to him by the Fourteenth Amendment to the United States Constitution as well
as Article 1, Section 19 of the Texas Constitution.
WHEREFORE, PREMISES CONSIDERED, Larry Edward Lane moves this Honor-
able Commission to set aside his indefinite suspension and to order his
immediate reinstatement with full rights and compensation.
Respectfully submitted,
ANDERSON, ANDERSON & RODRIGUEZ
916 Petroleum Bldg.
Wichita Falls, Texas 76301
(817) 322-1119
By
Hank Anderson
Bar #01220500
By /D
� S�.,G�.
Rosendo Rodi�igu z, `Jr
Bar #17151500
CERTIFICATE OF SERVICE
We, the undersigned, hereby certify that a true and correct copy
of the above and foregoing Motion to Set Aside Indefinite Suspension and for
Immediate Reinstatement of Police Officer With Full Rights and Compensation
was hand delivered to Glenn Williams, Assistant City Attorney, 1301 Sixth,
Wichita Falls, Texas on the 24th day of June, 1983.
Hank Aii erson
,Rosendo Rodriguez, Jr. �j'
-3-
City ofWICHITA FALLS
_
1300 7th Street P.O. Box 1431 817-322-5611 Wichita Falls, Texas 76307
OFFICE OF CITY ATTORNEY
May 24, 1983
Firemen' s and Policemen's
Civil Service Commission
City of Wichita Falls
Wichita Falls , Texas
Members of the Commission:
In accordance with Section 16 of the Firemen' s and Police-
men ' s Civil Service Act, Article 1269m, Vernon' s Texas Civil
Statutes, you are hereby notified that I have this day indefinitely
suspended Officer Larry Lane as a police officer of the City of
Wichita Falls , Texas . This indefinite suspension shall become
effective immediately.
The basis for this indefinite suspension is that Officer
Larry Lane has violated a departmental rule and regulation of the
Wichita Falls Police Department, specifically, Section 3 . 192 of
the Wichita Falls Police Department Rules and Regulations Manual,
which provides as follows:
_3 .192 USE OF PHYSICAL FORCE .
Officers shall not use any more force
than is reasonably necessary to
accomplish their lawful purpose . All
prisoners shall be treated humanely and
with regard to their legal rights .
Malicious assaults or batteries committed
by members of the department shall con-
stitute gross midconduct and may result in
criminal charges against the officer (s) .
The actions of Officer Lane which constitute a violation of
the above and foregoing regulation are as follows :
IfAu
E,I-IBIT ip
firemen ' s and Polic �n ` s
,Civil Service Commission
Page 2
At approximately 11 : 30 p.m. on May 19 , 1983 , Officer Larry
Lane was booking into the City jail an individual named Owen Samuel
Craft, after Mr . Craft had been arrested for several traffic offenses .
During the course of the book-in procedure, Mr . Craft repeatedly
asked questions of Officer Lane and was repeatedly told by Mr . Lane
to remain silent and to remain standing at the book-in counter. g,At
!fio- time did Mr.. Craft become verbally abusive towards Officer Lane
any other police officer in the book-in area of the City jail ,
nor did he become physically aggressive towards Officer Lane or
any other police officer. At one point during the book-in procedure,
after Mr . Craft continued to ask questions of Officer Lane , Officer
Lane grabbed Mr. Craft and informed him that further questions from
Mr. Craft would result in Mr . Craft, being struck by Officer Lane .
After Mr . Craft continued to ask questions of Officer Lane , Officer
Lane struck Mr . Craft repeatedly in the face and rib-cage/chest area .
At all times relevant to this conduct of Officer Lane , Owen Samuel
Craft was handcuffed with his hands behind his back and there were
approximately three City police officers and two City jailers in
the immediate vicinity . "Lt'. ho_ time during the book-in procedure
did Mr. Craft ever become physically aggressive .-or verbally abusive
towards Officer Lane, nor :did _Mr. Craft ever resist any lawful order
given by Officer Lane or any other police officer .
By ,striking Mr . Craft repeatedly in the face and rib-cage/chest
area, bifficer Lane used unreasonable,. excessive and unnecesary force
against Mr. Craft under the circumstances then existing . By using
more force than was reasonably necessary to accomplish his lawful
purpose of booking the prisoner into the City jail and maintaining
custody of the prisoner, Officer Larry Lane violated Section 3 . 192
of the Police Rules and Regulations of the Wichita Falls Police
Department. h striking the prisoner repeatedly without any legal
justification , Officer Lane- failed to treat humanely, and. with due
*regard to his rights, a prisoner in his custody . By using the type
and amount of force he did against Mr . Craft while Mr . Craft was
handcuffed and not in a position to defend himself, =O-fiver Jane
'16o�--mmitted a malicious assault and battery upon Mr . Craft which
constituted gross misconduct on the part of Officer Lane .
The actions of Officer Larry Lane taken against Owen Samuel
Craft constitute a violation of Section 3 . 192 of the Police Department
Rules and Regulations . This violation of departmental rules and
regulations constitutes grounds for indefinite suspension under
Rule XIV, Section 31, of the Civil Service Rules of the City of
Wichita Falls , Texas . Therefore, I hereby indefinitely suspend
Officer Larry Lane .
.Firemen ' s and Policemen ' s
Civil Service Commission
Page 3
A copy of this statement is this day furnished to Officer
Larry Lane , in person, and he is informed by his copy of this
statement, that he is hereby indefinitely suspended as a police
officer of the City of Wichita Falls, Texas . He is additionally
informed hereby, that he has ten (10) days within which to file ,
pursuant to Sections 16� and 17 of Article 1269m, Vernon ' s Texas
Civil Statutes , a written appeal with the Firemen ' s and Policemen ' s
Civil Service Commission, should he choose to do so .
. �Ii .' Harr Q n"
Chief of Police
CRH/lt
cc: Dane J . Bennett, Acting City Manager
H . P . Hodge, Jr . , City Attorney
Janet Hardegree, Director of Civil Service
Officer Larry Lane