Inexcusable behavior by DPD officer

[DEADEYE1964]

He did not blast through the red light or was he driving 100 mph like the idiot cop in Dallas last week that flipped his car, he slowed down to make sure no one was coming then ran the light, I would do the same. Several more reports are coming out about this cop, this was not an isolated incident. This guy is a power munger and needs to be dealt with.

Powell's decision to stop and detain Moats was correct. Until Moats stopped, there was no way for Powell to know why Moats was speeding or failing to obey traffic devices. So the initial traffic stop was certainly legit. To argue otherwise is unreasonable. It's Powell's behavior after that point which is at issue and as you noted, this apparently isn't his first time showing poor judgment. Like I said, if Powell can't figure it out, he's in for a rough and/or short career.

No. He his employment needs to be terminated, not reprimanded, not suspended. Terminated. This loser with incredibly poor judgement has the right to kill people. If he doesn't have good judgement he's unfit for the job, just like any other position would fire him. If I understand correctly, at one point he drew his weapon.

Terminated.

I agree 100%, he does need to be terminated. I have seen several versions of this video on youtube, how there are several versions, I do not know, I guess there were shortened for news time. You are correct, the police report according to the media says he did draw down on Moats at the beginning of the stop. You need to watch part 2 of the video, the officer was talking to another officer that arrived on scene and they were laughing and talking about where to go eat.( search dallas traffic stop part 2 on youtube).

[G.C.Montgomery]

He did not blast through the red light or was he driving 100 mph like the idiot cop in Dallas last week that flipped his car, he slowed down to make sure no one was coming then ran the light, I would do the same. Several more reports are coming out about this cop, this was not an isolated incident. This guy is a power munger and needs to be dealt with.

Powell's decision to stop and detain Moats was correct. Until Moats stopped, there was no way for Powell to know why Moats was speeding or failing to obey traffic devices. So the initial traffic stop was certainly legit. To argue otherwise is unreasonable. It's Powell's behavior after that point which is at issue and as you noted, this apparently isn't his first time showing poor judgment. Like I said, if Powell can't figure it out, he's in for a rough and/or short career.

No. He his employment needs to be terminated, not reprimanded, not suspended. Terminated. This loser with incredibly poor judgement has the right to kill people. If he doesn't have good judgement he's unfit for the job, just like any other position would fire him. If I understand correctly, at one point he drew his weapon.

Terminated.

When I wrote my reply, I wasn't aware Powell apparently has a history of being an idiot. So I agree, we the public shouldn't be satisfied with him continuing to wear a badge. I certainly won't risk rolling through the Big D with him still on the force. Previously, I chalked it up to him just being a young, dumb cop. Obviously that's not the case and it's a matter of time before Powell manages to negligently plug someone or gets plugged if he continues to wear a badge. I also won't be surprised if we hear of him being involved in a crime after being terminated.

Having said that; I want to clarify something…Police don't have "the right to kill people" anymore than your or I do. Like you and I, they too must justify their use of force and these days they are scrutinized far more than before. There was a time when the word of an officer was absolute and if he said "he needed killin' your Honor," that was good enough. It doesn't quite work that way anymore...Thank God.

The point lurking here is there's really is only one person at any given time who gets a "free pass" or has a "right to kill people" in the state of Texas. That person is an executioner and even then, a judge must sign a "death warrant" authorizing the executioner to terminate the life of the condemned. Don't know if it's still done this way but, the death certificate of a person processed by TDCJ used to list homicide as the cause of death.

[jbirds1210]

[ Don't know if it's still done this way but, the death certificate of a person processed by TDCJ used to list homicide as the cause of death.

Still the same. The choices are homicide, suicide, natural, accident, and undetermined. Execution only fits one category.

Jason

[Purplehood]

I think he deserves to have the crap beat out of him and with his attitude, he will get it. His job is to serve and protect, not abuse his power with his badge. Like I said in another post, several more reports are coming out about this guy, it was not an isolated incident. There will be more reports, do you think he just started being a jerk that day ?

I agree with the majority of posters that the Officer did not handle this well. However, I have seen at least two posts with the highlighted statement above which I think is totally inappropriate.

[frazzled]

Respectfully, I disagree.

Police have the right to stop and detain and use levels of force if you don't. As noted, a normal police officer will often draw his firearm, for his safety and others, many times. We don't have that right.

This is gross negligence with malicious intent. In any other position he'd have been shown the door immediately. Just because he works for the government should not give him special privileges. He is an employee.

Further, the concept of self regulation is nonsense, going back to the time worn phrase "who guards the guards?" Any group that self regulates inevitably leads to widespread systematic abuse. Lawyers, doctors, politicians. There is no difference.

I respect most police and their extremely difficult duties. I'm one of the turkeys that will wave as they pass by when I am walking or about the yard. However, events like this really harm their image, and if nothing is done-quickly- then it will add to the perception by many, that they are above the law.

[frazzled]

I think he deserves to have the crap beat out of him and with his attitude, he will get it. His job is to serve and protect, not abuse his power with his badge. Like I said in another post, several more reports are coming out about this guy, it was not an isolated incident. There will be more reports, do you think he just started being a jerk that day ?

I agree with the majority of posters that the Officer did not handle this well. However, I have seen at least two posts with the highlighted statement above which I think is totally inappropriate.

Agreed. He needs to be disciplined as any employee. Anyone who thinks he needs to be assualted is thinking from emotion, and needs to take a breath.

[tfrazier]

Okay, I just want to toss in a reminder that there are tons of other cops out there doing great jobs and going unnoticed. If you come into contact with a DPD officer and want to compliment his or her work, go to this site:

http://www.dallaspolice.net/index.cfm?p ... openid=166" onclick="window.open(this.href);return false;

This is the DPD Internal Affairs division. Compliments being reported there can also backfire and get officers in trouble (as in they cut you a break in an area where they actually aren't allowed to use 'officer discretion"), so be careful and think about the possible consequences to what you report.

Example: I once answered a call where a sixteen year old girl reported 'child abuse'. It turned out she had cussed her mother out and her mother slapped her (one time, and no marks or injury). There were no prior incidents at that household on the record; No evidence, anecdotal or otherwise, of any other physical altercations within the family. I informed this young lady that if she'd been my daughter and talked to me that way I would have slapped her, too. I wrote the incident up as reasonable discipline.

The mother thought that was great and called in to the brass to compliment me on my handling of the situation. I got a reprimand instead of a commendation. The brass decided my assessment of the situation was correct, but my comment to the daughter was 'inappropriate', even though the daughter herself eventually agreed with me (and her mother) after she'd cooled off.

[G.C.Montgomery]

Respectfully, I disagree.

Police have the right to stop and detain and use levels of force if you don't. As noted, a normal police officer will often draw his firearm, for his safety and others, many times. We don't have that right...

My statement was specific to the idea that police have a RIGHT to kill people. Yes, police have a duty to enforce the law and as such, they have a right to stop and detain you if you commit an offense in their presence or a warrant has been issued for your arrest. And yes, officers can use force and even deadly force if it's necessary to make the arrest or prevent imminent harm. Whether or not the force used was justified is subject to review by the officers' department as well as a grand jury. That's not the same as having a carte blanche, right to kill someone.

For example; most of us should have a fresh memory of the recent Bay Rapid Transit shooting on New Years day. If memory serves, that officer resigned and was subsequently charged with murder. He even ran from the warrant! If he’d had a “right” to kill Oscar Grant, chances are he wouldn’t have been charged with anything. He’s not likely to be convicted of murder though. I think voluntary manslaughter would be a more appropriate charge because I think the tape shows he made a horrible mistake that resulted in a homicide versus an outright murder. Still, if the officer had a “right” to act as he did, we wouldn’t be discussing it.

By contrast, executioners come as close as you can get to a “free pass” on killing people. When a judge signs a death warrant, the condemned must die. This still doesn’t give the executioner the “right” to kill. Instead, the authority to carry out the judge’s orders falls to the executioner. The executioner has a public duty to execute that warrant in accordance with the Code of Criminal Procedures and the Texas Penal Code. To date, Texas has executed 11 people this year and the executioner has yet to be charged with an offense in any of those cases. The executioner is unlikely to ever face charges on these actions since he’s acting on behalf of the court and the state each time. However, if the executioner traps some random person to the gurney without a warrant and gives them the cocktail just for the fun of it, he’s probably going for a ride through the system.

Disagree with all that if you like. But unless you can show me the passage in the Code of Criminal Procedures and/or Penal Code that gives cops the “right to kill people,” I’ll stand firm on my original statement. For the record, I’m not a lawyer but, I know one or two of them and I know more than a few cops. I didn’t just pull that statement out of thin air. I once thought cops had more rights than me too until I my dad threw both the TCCP and TPC at me and told me to read them.

[frazzled]

A simple civilian cannot stop a vehicle at gunpoint, demand everyone get out of the car, at gunpoint, and then arrest them. A simple civilian trying to stop a vehicle at gunpoint can lead to the occupants in that vehicle employing their right to self defense against a perceived lethal threat. They cannot do so against cops.

This is a distraction and a side point. A normal employee would have been fired on the spot. He has a higher responsiblity because he has a gun. He should have been especially fired on the spot. Investigations and other nonsense are just that-nonsense.

EDIT: I should that part of my assertiveness in getting this guy out is the fact there are so many good cops. You have to clear out the numbskulls and the power trippers to keep your reputation clear. After all, you don't want to get the same reputation as lawyers now do you?

[tfrazier]

A simple civilian cannot stop a vehicle at gunpoint, demand everyone get out of the car, at gunpoint, and then arrest them. A simple civilian trying to stop a vehicle at gunpoint can lead to the occupants in that vehicle employing their right to self defense against a perceived lethal threat. They cannot do so against cops...

A simple civilian can definitely do all these things. In the State of Texas, peace officers have no greater powers of arrest than any other citizen...unless the law has changed since I got out of law enforcement in 1995 (if they have, someone post the applicable section of the penal code and I'll apologize and clam up). The only difference is that a 'simple civilian' does not have the training or confidence of knowing it will start raining police if it all goes south.

For instance, if you witness an armed robbery at a bank, and you follow the robber out to his car, you are perfectly within you legal powers to draw down, demand he stop, and arrest him, whether you are a peace officer or not. I highly recommend against such action, but it is not illegal.

Art. 14.01. [212] [259] [247] OFFENSE WITHIN VIEW. (a) A
peace officer or any other person, may, without a warrant, arrest an
offender when the offense is committed in his presence or within his
view, if the offense is one classed as a felony or as an offense
against the public peace.

[G.C.Montgomery]

A simple civilian cannot stop a vehicle at gunpoint, demand everyone get out of the car, at gunpoint, and then arrest them. A simple civilian trying to stop a vehicle at gunpoint can lead to the occupants in that vehicle employing their right to self defense against a perceived lethal threat. They cannot do so against cops...

A simple civilian can definitely do all these things. In the State of Texas, peace officers have no greater powers of arrest than any other citizen...unless the law has changed since I got out of law enforcement in 1995 (if they have, someone post the applicable section of the penal code and I'll apologize and clam up). The only difference is that a 'simple civilian' does not have the training or confidence of knowing it will start raining police if it all goes south.

For instance, if you witness an armed robbery at a bank, and you follow the robber out to his car, you are perfectly within you legal powers to draw down, demand he stop, and arrest him, whether you are a peace officer or not. I highly recommend against such action, but it is not illegal.

The way I read the current Code of Criminal Procedure and Penal Code, you are correct. There have certainly been some changes since 1995 but, nowhere in either document do I see exclusions on these specific matters that give peace officers any more "rights" than us peons. I'll concede that peace officers can often carry guns in a few places that are off limits to me but, I don't go to most of those places anyway.

[jbirds1210]

The arrests made by citizens are limited to the things that you guys posted....basically a felony.

A peace officer can make an arrest for any offense (with the exception of speeding only and open containers).

I believe that is the biggest difference.

Jason

[frazzled]

Exactly. Its sophistry to say laymen have the same powers as police.

Again that has nothing to do with this circumstance.

[tfrazier]

The arrests made by citizens are limited to the things that you guys posted....basically a felony.

A peace officer can make an arrest for any offense (with the exception of speeding only and open containers).

I believe that is the biggest difference.

Jason

Read it again: A peace officer or any other person, may, without a warrant, arrest an offender when the offence is committed in his presence or within his view, if the offence is one classed as a felony or as an offence against the public peace.

This is the standard by which peace officers decide whether they can make an immediate arrest without a warrant. "Offence against the public peace" is very broad in definition and includes many non-felony offences, even disorderly conduct. This is what I was taught in Texoma Regional Police Academy, and it was covered in multiple questions when I took the Texas State Peace Officer Certification test.

I'm pretty sure I passed it, otherwise I wouldn't have graduated fourth in my class and been a police officer for the following eight years.

[jbirds1210]

I graduated at the top of my class

I understand the law and passed TCLEOSE.

I am not for a second trying to argue that a citizen can't arrest someone....I know they can, but there are limits. I also realize that I did omit some offenses that could fall under acts against the public peace.

I am simply saying that everyone does not have the same arrest power as a Peace Officer. Can Joe Citizen arrest me for my tail lamp being burned out or my DL being expired?

Jason