Houston police officer enjoys Galveston hospitality

[seamusTX]

I thank that was the intent Jim, but the way it is written will apply to anyone who would know that the crime was being committed but turn their backs and walk away without reporting it.

That would be essentially like prosecuting the people who ignored Kitty Genovese, if the incident had really happened the way that urban legend made out.

I never heard of it being used that way.

Now we have almost the opposite problem: When something like a robbery or assault occurs, 10 or 20 calls to 911 come in within seconds. Almost anything that makes a loud report, like firecrackers, results in reports of gunshots.

What people are arrested for often has nothing to do with what they are prosecuted for, if they are prosecuted. The point is only to get the person in custody. The victims were not in a position to file assault charges.

- Jim

[Keith B]

I thank that was the intent Jim, but the way it is written will apply to anyone who would know that the crime was being committed but turn their backs and walk away without reporting it.

That would be essentially like prosecuting the people who ignored Kitty Genovese, if the incident had really happened the way that urban legend made out.

I never heard of it being used that way.

Now we have almost the opposite problem: When something like a robbery or assault occurs, 10 or 20 calls to 911 come in within seconds. Almost anything that makes a loud report, like firecrackers, results in reports of gunshots.

What people are arrested for often has nothing to do with what they are prosecuted for, if they are prosecuted. The point is only to get the person in custody. The victims were not in a position to file assault charges.

- Jim

Totally agree with the fact stuff gets reported quickly these days. With cell phones a person is rarely ever out of touch and can quickly dial for help. However, you might be surprised at the number of people who witness something and are so dumbfounded that they don't even think to pick up the phone and call. This is usually on non-violent crimes or incidents, but it does happen on higher levels of crime.

Young people are also VERY quick to video something with their smart phone and post it on YouTube or send it to the media. We have more and more normal landings that somehow get twisted around on a slow news day and show up on a news website or even the television news as 'a balloon crashed...'. I'll almost bet there is video out there somewhere of the incident with former Officer Dumas.

As for the law, there are a lot of those types of statues out there that are rarely enforce, but can be handy if needed to detain someone for a bit.

[seamusTX]

... you might be surprised at the number of people who witness something and are so dumbfounded that they don't even think to pick up the phone and call. This is usually on non-violent crimes or incidents, but it does happen on higher levels of crime.

I wouldn't be surprised. I have seen people stand there with their jaw gaping and do nothing.

However, one of the elements of the offense is that the person being charged has reason to believe that the crime has not been reported. If half the people on the scene immediately call 911 and the sirens are approaching, that is not the case.

OTOH, you have these cases where some shirt-tail relative shows up and says he needs your help because "something happened," and the "something" turns out to be a robbery or botched carjacking...

As for the mopes posting stuff on Youtube, I'm not talking about people who are minding their own business when a fight breaks out or a car crash occurs. I'm talking about the ones who know in advance that some thugs are going to stage a beat-down. They are actually accomplices, but being an accomplice or conspiracy are difficult to prove in court.

- Jim

[WildBill]

Somebody correct me if I'm wrong, but this offense is used to prosecute people who were involved in a crime but did not commit the main criminal act. The guy who was arrested was not simply a bystander. He was allegedly involved in the fight.

Think of the mopes who make cell phone video of crimes and put them on YouTube without bothering to tell the police. Usually these people know who the perpetrators are and other material information.

- Jim

I thank that was the intent Jim, but the way it is written will apply to anyone who would know that the crime was being committed but turn their backs and walk away without reporting it.

Police accused Dumas and two acquaintances of leaving the scene. Dumas was arrested at Galveston police headquarters, Porretto said.

Police charged another man with a Class A misdemeanor, accusing him of failing to report a felony offense. Police are seeking a third man accused of being with Dumas in connection with the incident. Charges are pending against him, Porretto said.

Wouldn't this be a good charge against an LEO who was in a bar drinking with his LEO buddy and witnessed him stab someone?

[seamusTX]

Nobody said the other two guys were LEOs. They might have been fellow body-art enthusiasts or "furries."

There actually are only a few statutes in the penal code that apply only to LEOs. Mostly those have to do with places weapons prohibited and abuse of authority. Otherwise they have to obey the same laws as everyone else.

Penalties for stuff like drinking or conduct unbecoming are agency regulations.

- Jim

[gigag04]

I realize that Texas does not have reserve LEOs per se

This is odd...my department has reserves...that are sworn and commissioned, with guns and arrest powers...

[ELB]

According to later reports, the suspect was not "flashing" in the usual sense. He was demonstrating body piercings that were, shall we say, south of his tan line.
...
- Jim

Hmmm...look what popped up on the innernetz this afternoon:
Tattoos, Piercings And More Alcohol Drinking Linked - Are You Surprised?

[Keith B]

I realize that Texas does not have reserve LEOs per se

This is odd...my department has reserves...that are sworn and commissioned, with guns and arrest powers...

Yes, many small cities utilize reserve officers that are TCLEOSE certified. Also, Richardson has a reserve unit that is active, Andi believe they are all TCLEOSE certified and just like any regular officer.

[WildBill]

Nobody said the other two guys were LEOs. They might have been fellow body-art enthusiasts or "furries."

There actually are only a few statutes in the penal code that apply only to LEOs. Mostly those have to do with places weapons prohibited and abuse of authority. Otherwise they have to obey the same laws as everyone else.

Penalties for stuff like drinking or conduct unbecoming are agency regulations.

- Jim

I wasn't suggesting that the law applies only to LEOs. I just thought that it was interesting that the names were not reported. My theory is that will use the failure to report charge to "convince" the person to testify against Mr. Dumas. If he/they were LEOs, it would look very bad for them not reporting a felony committed in their presence.

[Hoosier Daddy]

According to later reports, the suspect was not "flashing" in the usual sense. He was demonstrating body piercings that were, shall we say, south of his tan line.

A likely story. Maybe flashers will start claiming they're showing off their grooming.

[crajay]

I realize that Texas does not have reserve LEOs per se

This is odd...my department has reserves...that are sworn and commissioned, with guns and arrest powers...

Yes, many small cities utilize reserve officers that are TCLEOSE certified. Also, Richardson has a reserve unit that is active, Andi believe they are all TCLEOSE certified and just like any regular officer.

That's right. Harris County Sheriff's Office (Houston, TX) has the second largest reserve command in the nation and they are very involved in a wide variety of law-enforcement areas (e.g., patrol, warrants, marine, etc.). I think they have some where around 200 reserve deputies currently serving, all of whom are TCLEOSE licensed peace officers with the same powers and responsibilities as full-time LEOs: http://www.hcso.hctx.net/HCSO_reserves.aspx. Galveston County has them, too, of course. One of them is Harold Heuszel, former HCSO reserve major, who is now running for Harris County Sheriff.

[seamusTX]

I just thought that it was interesting that the names were not reported.

I don't know why the name of the other guy that was arrested was not reported. It's public information unless he was a child (which is unlikely). You could go to the police station and get it.

Often they don't release the name of a suspect that has not been arrested. It takes a while to get a warrant issued, and sometimes the cops want to leave the guy guessing.

- Jim

[Ameer]

I just thought that it was interesting that the names were not reported.

I don't know why the name of the other guy that was arrested was not reported. It's public information unless he was a child (which is unlikely). You could go to the police station and get it.

Usually the media are all over a good scandal. If they didn't report the name, then either they didn't think it was worth two minutes to get a copy of the report, or they know the name and are withholding it for their own reasons.

[seamusTX]

Every crime story like this comes from police reports. The reporter was not standing in front of the bar at 12:30 a.m. waiting for a fight to break out.

The name of the other guy who was arrested is in this article:

http://www.myfoxdfw.com/story/18143903/ ... bar-patron" onclick="window.open(this.href);return false;

He is listed as a 22-year-old from Houston. I don't like to state the names of people in forum messages. Sometimes their friends and relative find them and throw a hissy fit.

- Jim

[i8godzilla]

Dumas allegedly stabbed one man in the torso while one of his friends is accused of pistol-whipping another man. Both victims required hospital treatment.

So, it looks like someone decided to mix that really bad cocktail: Alcohol and Firearms

Not a mention in the article of any one charged with a gun related crime. Wonder if the person with the gun 'could not be charged' because there is no law in TX making it illegal for certain groups of people to carry into a bar or be intoxicated while in possession of a firearm? Just asking................