Ex DPS TRP Perez charged

[gemini]

watch the video:
http://www.myfoxdfw.com/dpp/news/100510 ... sive-force" onclick="window.open(this.href);return false;
Ok. So, the womans language was a bit foul. However, slamming a handcuffed 130#
woman ( or anyone else)*** into a concrete wall face first...... not Ok. Not ok with me.
I don't care what dept you're with.
I'm sure one of the LEO's on this forum will quickly be along to close ranks in defending
the blue. I'm interested to hear how the DPS Officers actions are acceptable. Did he feel the
handcuffed woman might somehow overpower him? That he was not in "control" of the
situation and felt it necessary to administer some street justice to a unruly, handcuffed, female detainee?
Watching the womans head bounce off the wall and hearing the thud made me sick.

***I have to edit this.... it is OK with me if a convicted child molester, convicted rapist-murderer etc accidentally goes
face first into a concrete embankment.

Mods: If this story has another thread going...... sorry for the duplication.

[baldeagle]

watch the video:
http://www.myfoxdfw.com/dpp/news/100510 ... sive-force" onclick="window.open(this.href);return false;
Ok. So, the womans language was a bit foul. However, slamming a handcuffed 130#
woman ( or anyone else)*** into a concrete wall face first...... not Ok. Not ok with me.
I don't care what dept you're with.
I'm sure one of the LEO's on this forum will quickly be along to close ranks in defending
the blue. I'm interested to hear how the DPS Officers actions are acceptable. Did he feel the
handcuffed woman might somehow overpower him? That he was not in "control" of the
situation and felt it necessary to administer some street justice to a unruly, handcuffed, female detainee?
Watching the womans head bounce off the wall and hearing the thud made me sick.

***I have to edit this.... it is OK with me if a convicted child molester, convicted rapist-murderer etc accidentally goes
face first into a concrete embankment.

Mods: If this story has another thread going...... sorry for the duplication.

If he was charged with a crime after being fired, where does the "close ranks" comment come from? Apparently his actions weren't acceptable to DPS, nor do I believe they would be to the officers that are members of this forum. BTW, it's not OK with me if a convicted child molester, etc. goes face first into a concrete embankment. Why is it OK with you? Shouldn't we have one standard for all suspects? Treat them with dignity but enough force to get them to comply and no more than that.

[dicion]

I may be a lone voice here, but after watching the video about 2 dozen times, I don't think it was his intention to slam her head into the short barrier wall like he did.

He grabbed her collar area, and spun her around, as if to put her up against the Flat wall behind it.

He made 2 mistakes, however:

1) He apparently forgot the shorter wall was there, or didn't take account it's closeness, obviously preventing him from spinning her around completely to put her against the wall as he wanted to before she ran into it.
2) He did not anticipate her falling down/losing her footing as he swung her. He should have fully anticipated having to support her entire weight as he did this, based on her obvious drunken condition.

Yes, he made mistakes, He obviously realized this immediately after, as is seen in the video. Sure, he should be off the force, but I do not think this rises to the level of Criminal. I do not believe he had the intent to harm he as he did.

That is my opinion.

[Purplehood]

watch the video:
http://www.myfoxdfw.com/dpp/news/100510 ... sive-force" onclick="window.open(this.href);return false;
Ok. So, the womans language was a bit foul. However, slamming a handcuffed 130#
woman ( or anyone else)*** into a concrete wall face first...... not Ok. Not ok with me.
I don't care what dept you're with.
I'm sure one of the LEO's on this forum will quickly be along to close ranks in defending
the blue. I'm interested to hear how the DPS Officers actions are acceptable. Did he feel the
handcuffed woman might somehow overpower him? That he was not in "control" of the
situation and felt it necessary to administer some street justice to a unruly, handcuffed, female detainee?
Watching the womans head bounce off the wall and hearing the thud made me sick.

***I have to edit this.... it is OK with me if a convicted child molester, convicted rapist-murderer etc accidentally goes
face first into a concrete embankment.

Mods: If this story has another thread going...... sorry for the duplication.

If he was charged with a crime after being fired, where does the "close ranks" comment come from? Apparently his actions weren't acceptable to DPS, nor do I believe they would be to the officers that are members of this forum. BTW, it's not OK with me if a convicted child molester, etc. goes face first into a concrete embankment. Why is it OK with you? Shouldn't we have one standard for all suspects? Treat them with dignity but enough force to get them to comply and no more than that.

I agree. Why would anyone close ranks with an "Ex-trooper" that is facing charges, unless he was being unfairly charged? It sounds like in this instance the process for handling a "bad cop" has worked as it should.

[i8godzilla]

NOTE: dicion's quote was shortened for brevity--see above for full posting.

2) He did not anticipate her falling down/losing her footing as he swung her. He should have fully anticipated having to support her entire weight as he did this, based on her obvious drunken condition..............

That is my opinion.

We are going to have to agree to disagree on this......................

Drunk condition? Based on what? I watched both the videos and saw no OBVIOUS drunken condition. I cannot tell if she is drunk or not based on the video. I do not think it was obvious to the prosecutor as all of the charges were dropped.

IMHO, what I did see in the posted dash cam video was (at ~1:58) the officer grabbing the front of her clothing and crashing her head into the wall. I also noticed that the second officer appears--prior to her hitting the wall--to be separating his actions from Perez's actions.

Since she was treated at the hospital, I assume we will all find out during the civil trial what her BAC was.

[E.Marquez]

Not a LEO, IANAL, and I don’t know trooper Perez...
..From just a few seconds of video tape available....It would appear he lost his temper at the woman’s verbal abuse and physical resistance.. I'd say he meant to turn her and put her back on to the wall as she was prior to starting the walk to the car... I think he did so with much more force then he intended..He now has to deal with the unintended consequences of his actions.

Did he with malice and intention slam her head first into the wall?? Not from what I saw..
Did he slam her head first into the wall? Yup, he sure did. I dare say, many here who have grown up, are parents, live a very active life style, have at one point moved, used more force than intended to get a fellow human to go or do what they believed was right…. The differences is, you were not a LEO and caught on tape doing it. .. Nor was I…
Trooper Perez, you screwed the pooch... and yes, you should be held accountable for your actions..

[Charles L. Cotton]

Such conduct is totally out of character for the Texas Dept. of Public Safety Troopers. In my 60 years, I've never known of a more professional law enforcement organization. I'm sure this Trooper's actions are even more offensive to his once fellow Troopers than they are to the general public.

Sorry, I can't buy any of the theories that try to show these injuries were accidental. He used tremendous force swinging a handcuffed prisoner into a short concrete wall. Had she not been tripped or stumbled, she would have been thrown over the short barricade and without the use of her hands to block her fall.

Apparently the DPS Col. agreed since he was going to fire him within days of seeing the video and undoubtedly taking to the Trooper's partner.

Chas.

[sjfcontrol]

I dare say, many here who have grown up, are parents, live a very active life style, have at one point moved, used more force than intended to get a fellow human to go or do what they believed was right…. The differences is, you were not a LEO and caught on tape doing it. .. Nor was I…

Oh yeah? Try taking your 3-year-old kid into the emergency room for a broken/dislocated arm after "using more force than intended". See how you're treated then. You don't need to be caught on tape to have "excessive force" issues.

(NOT speaking from experience here... )

[E.Marquez]

I dare say, many here who have grown up, are parents, live a very active life style, have at one point moved, used more force than intended to get a fellow human to go or do what they believed was right…. The differences is, you were not a LEO and caught on tape doing it. .. Nor was I…

Oh yeah? Try taking your 3-year-old kid into the emergency room for a broken/dislocated arm after "using more force than intended". See how you're treated then. You don't need to be caught on tape to have "excessive force" issues.

(NOT speaking from experience here... )

Not what I had in mind when I wrote my post.
And for the record I have taken my 3 year old to the ER with head lacerations (fell off a table), 10 year old to the ER for a broken foot, 14 year old Broken arms ....both of them.. broken sternum, broken wrist, twice, various lacerations, etc etc.. I suppose not looking like a dirt bag, not appearing to be a sedentary couch potato, not having the boys crying abuse, and often coming into the ER for services still wearing snow board gear, MX gear, baseball uniforms… keeps the DOC’s from asking stupid questions like that.

But I have "assisted" a person out of the way, with greater force then intended. I did not, nor ever would advocate or justify causing physical harm to a child... I did not, nor will I justify as "allowable" what Mr Perez did in that video tape. He over reacted to her resistance, He was heavy handed for sure. The question is, by intent and malice or frustrating and ignorance.. This a jury will decide.

[TexasGal]

You know what bothers me? In videos like this, there are often one or more other officers around who see it and apparently say nothing. They sort of keep their heads down and stand there or walk around like they are busy with something and don't "see" it. What's up with that? If I saw my co-worker slam a woman's head into a wall, choke a teenager until he passed out, come out of a car and start beating the crap out of some unresisting guy on the ground, etc., I'd sure have something to say to him right then right there. It would help a lot if more were willing to blow the whistle on bad behavior. I'd love to see a video where the officer getting out of hand gets stopped cold by another officer. At least these incidents did come to light and were dealt with. It just would be nice if the law was enforced on the spot instead of much later after the info leaks out. That woman was arrested, but as far as I am concerned the officer who slammed her into the wall should have been riding to lockup in handcuffs right beside her. How was that not clearly assault committed right in front of another officer?

Having said all that, I want to stress I am not anti-police. My sincere sympathy goes to the fine men and women who are doing their jobs with integrity every day despite some of the worst scumbags they have to deal with. It is sad that they have to suffer the distrust of citizens who see things like this and think they are guilty of what some unethical officers do.

[baldeagle]

But I have "assisted" a person out of the way, with greater force then intended. I did not, nor ever would advocate or justify causing physical harm to a child... I did not, nor will I justify as "allowable" what Mr Perez did in that video tape. He over reacted to her resistance, He was heavy handed for sure. The question is, by intent and malice or frustrating and ignorance.. This a jury will decide.

Ex-trooper Perez has been charged with misdemeanor assault. I think the charge is appropriate.

Sec. 22.01.ASSAULT. (a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;

b) An offense under Subsection (a)(1) is a Class A misdemeanor,

Ex-trooper Perez recklessly caused bodily injury to another. Note that the charge mentions intent as a potential element of the charge or recklessness. So intent is not required to satisfy the elements of the offense.

[Beiruty]

I do not know, but did you see what happened when the lady was coming straight to the camera? According to my eyes, she was to trying to get lose from being led to the patrol car. She was pulling to left and staggered a bit and then swung by the officer.

I do not believe the intent of the officer was to slam her to the wall. There was a bit of distance from her to the wall and she was led to the patrol car. I perceived that the officer action was to restrain her from getting lose.

Anyone who claim she was not resisting is not fair.

If she was drunk she should be not be driving period. A better solution was to stop arguing with the drunk driver and inform here that she was under arrest for DWI and ask the second officer for help.

Starting at 1:50 to 1:55 when she was saying do not grab me like that... She yanked hard to the left.

If those kind of encounters are becoming a problem, can one imagine a non-lethal chemical weapon deployed on resisting arrestees, (think of put them to sleep for a short time) ?

[gemini]

I believe, the original charge the Texas Rangers who investigated this matter
filed against Trooper Perez was Official Oppression. The charge of misd/assault
was after a Grand Jury kicked it (the original charge) and the DA filed.

This will not be a popular opinion, but, I would like to see a conviction.

Misdemeanors are crimes that are generally not as serious as felonies. Although punishment is less severe for misdemeanors, a conviction will remain on your public record and can have many unwelcome consequences in your life. It may affect your ability to get a job or even to rent an apartment. A misdemeanor conviction can never be expunged (permanently erased) from your record. There are only two instances in which your record can be expunged; in the event you are found not guilty of a crime in a trial or if your case has been dismissed prior to trial.

And since we're prone to quoting the PC around here......

§ 39.03. OFFICIAL OPPRESSION. (a) A public servant
acting under color of his office or employment commits an offense if
he:
(1) intentionally subjects another to mistreatment or
to arrest, detention, search, seizure, dispossession, assessment,
or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the
exercise or enjoyment of any right, privilege, power, or immunity,
knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual
harassment.
(b) For purposes of this section, a public servant acts
under color of his office or employment if he acts or purports to
act in an official capacity or takes advantage of such actual or
purported capacity.
(c) In this section, "sexual harassment" means unwelcome
sexual advances, requests for sexual favors, or other verbal or
physical conduct of a sexual nature, submission to which is made a
term or condition of a person's exercise or enjoyment of any right,
privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 1217, § 1, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 16, § 19.01(34), eff. Aug. 26,
1991. Renumbered from V.T.C.A., Penal Code § 39.02 by Acts 1993,
73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


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[Keith B]

I don't believe his intentions were to slam her to the wall, but the force he used was overly excessive in his handling of her and it led to the incident. Bottom line, to me it looks like he lost his composure and was way to rough in his actions. You may need to use that amount of strength with a 250lb guy that is resisting, but not a 110lb woman (or man for that matter.)

[C-dub]

I thought the Trooper quit. Knowing the woman's BAC would be helpful because the only short clip that I've seen of her performing a FST seemed to show her walking the line pretty good. I also thought I remembered that she wasn't the one driving the car. A friend of hers that was drunk was the one driving and when this woman suggested she let her drive the other woman just stopped the car right there and ran off and that's when the Troopers arrived. That whole story could be a lie, but I haven't heard that yet. I would think that remaining calm when you think you are being falsely arrested is not that easy to do.

She did appear upset that she was being arrested and was resisting somewhat, but it didn't seem like anything that Trooper couldn't have handled without slamming her into anything.

I think that I were the other Trooper there when this happened I would have been less concerned with his abuse and more concerned with her safety at that point. And, to me, that is what it seems like the other Trooper did focus on after she was injured.