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New Houston Police f'd up big time
[link|http://www.chron.com/cs/CDA/story.hts/topstory2/1540867|Raid went to 'hell in a handbasket']
Officers on the scene called the arrests "utterly, utterly senseless" on Monday, and said the captain in charge, Mark Aguirre, ordered them to round up everyone who was outside the 24-hour Kmart Super Center or eating at the Sonic Drive-In next door.

The operation had been weeks in planning and involved dozens of officers. But officers involved said that when no drag racers were found, they were ordered to arrest the 278 people there.
...
"That operation had been planned for weeks," one of the supervisors said. "It was not planned with the intent to arrest everyone in sight. It was to arrest drag racers."
...
Both supervisors said many of the people arrested were not in cars. Many were eating food from the Sonic, which was open until 2 a.m., or had been shopping at Kmart.

The editorial [link|http://www.chron.com/cs/CDA/story.hts/editorial/1540550|Understatement to say Kmart raid was badly handled] has other info, such that one of those arrested was a 10 year old girl who got seperated from her father during the commotion.

Darrell Spice, Jr.

[link|http://home.houston.rr.com/spiceware/|SpiceWare] - We don't do Windows, it's too much of a chore

New Re: Houston Police f'd up big time
Wow.

Police depts these days seem to be a weird combination of for-profit hustlers(projects, no doubt with deliverables and Gantt charts) and Marine Corps wannabes. There seems little interest in actually stopping bad guys from running amok. Watch an episode or two of cops and listen to the officers as they hypnotically recite their prime directives.

Thank God I live in a city with a sane, people-oriented force - most of the time.
-drl
New Re: Houston Police f'd up big time
[link|http://www.chron.com/cs/CDA/story.hts/metropolitan/1542463|Policing the police after Kmart raid]
Attention, Kmart shoppers. You are under arrest.
...
At times like this we need some way to police the police. Otherwise, you know what will happen: HPD will treat this contemptible abuse of power as a single, isolated incident. If an investigation actually finds that citizens were wrongfully arrested, authorities then will focus on damage control and try to put the blame on one or two individuals.
...
But we can't settle for a typical smokescreen-and-scapegoat kind of investigation. Too many serious issues and nagging questions have been laid bare by this absurdity.

For one example: Why weren't some oversight measures in place that could have prevented the debacle, or could have at least called a halt to it in the early stages?
...
For another example: What about the towing charges? People whose cars got towed in the weekend raid have paid or will pay well over $100 each to get them returned.
...
The practice of towing cars cries out for a thorough examination. Authorities too often allow towing by independent companies to serve as an unofficial punitive measure, and it is a penalty without sufficient or effective avenues for appeal by vehicle owners.
...
Yet another example: What about the people who pleaded guilty to the charges in order to get out of jail quicker?

Our criminal justice system makes it much more time consuming and difficult and expensive and risky for innocent people to stand up for their rights. This is another issue that needs to be put under a magnifying glass.

I've always wondered about the legality of the towing. My brother was once arrested for burning rubber in front of an officer. My parents happened to be at the corner convienience store when it happened, but they wouldn't let my dad drive his truck home.

In an unrelated story, [link|http://www.chron.com/cs/CDA/story.hts/metropolitan/1543600|Captain at center of Kmart raid hurt in wreck]
Aguirre, the target of both criticism and kudos for a raid that resulted in the arrests of 278 young people...

Kudos? I've seen nothing but criticism for this incident.

Darrell Spice, Jr.

[link|http://home.houston.rr.com/spiceware/|SpiceWare] - We don't do Windows, it's too much of a chore

New Interesting concept.
But when officials finally determine and admit the arrests were unjustified, all costs of reclaiming the towed vehicles should quickly be refunded. Not by taxpayers, however. Refunds should come from the person responsible for the towing -- perhaps the ranking cop in charge.
Interesting.

I have to agree that the taxpayers shouldn't foot the bill for the cop's errors.

Personally, if all this is accurate, I'd rather see that cop fired.

A concept, though. Should we be allowed to sue cops as individuals? Could cops be required to carry a form of mal-practice insurance?

I don't see any easy way to sort that out.
New Malpractice, in this litigous society? A slam dunk.
The lawyers would mostly rather be what they are than get out of the way even if the cost was Hammerfall. - Jerry Pournelle
New It gets even more interesting
[link|http://www.chron.com/cs/CDA/story.hts/front/1544301|Raid at hot dog joint preceded Kmart bust]
Houston police Capt. Mark Aguirre, the man who ordered the arrests of 278 people at a westside Kmart last weekend, prodded a local restaurant to allow his officers to conduct a similar raid of its parking lot Saturday in a sting that netted 25 arrests.
...
Straughan said Aguirre approached the company two weeks ago and told restaurant officials that illegal drag racing along Westheimer had caused several fatal accidents and prompted neighborhood complaints. Aguirre asked the company to post four no-trespassing signs in the parking lot and to sign paperwork allowing police to make the arrests on the restaurant's property.

Company officials went along with Aguirre's plan, Straughan said, thinking their actions would be part of a subdued enforcement of city trespassing ordinances.

Instead, a swarm of officers backed by a police helicopter descended on the restaurant about 1:15 a.m. Saturday, rounding up customers and other people gathered in the parking lot. Police said the arrests continued until 4:30 a.m.

Most of those arrested, Straughan said, were among a group of motorcyclists that has gathered at the restaurant every weekend for nine years without problems.

Monica Coello, 36, was finishing a meal in the parking lot with her brother, sister, sister-in-law and 2-year-old niece when she was arrested.
...
"I don't see how they can call it trespassing when we were eating at the restaurant," she said. "We kept trying to explain that to police but they would not let us."
...
"We signed a trespass affidavit that said `James Coney Island requests on our behalf that the Houston Police Department requests all persons who are not patrons in the normal course of business to immediately leave the property or be arrested,' " Straughan said, quoting the agreement.

But no one had the opportunity to "immediately leave," Straughan said.
...
Several lawyers interviewed Wednesday said those who pleaded guilty after their arrests Sunday can request a trial, arguing that their pleas were made under duress. Many of those who pleaded guilty, some of whom were teenagers, said they did so to avoid spending another night in jail.

Darrell Spice, Jr.

[link|http://home.houston.rr.com/spiceware/|SpiceWare] - We don't do Windows, it's too much of a chore

New Police may have bought the "no trespassing" signs
[link|http://www.chron.com/cs/CDA/story.hts/front/1572957|Signs point to more questions]
A Houston police officer paid for "no trespassing" signs with his city credit card the day before a weekend of mass arrest, the city controller confirmed Thursday.

Dilip Patel, budget coordinator for the Houston Police Department's South Central division, purchased $256.50 worth of signs on Aug. 15, coinciding with police raids of a westside Kmart, Sonic Drive-In and James Coney Island parking lots. Nearly 300 people were arrested for trespassing in early morning raids on Aug. 17 and 18.
...
Councilwoman Ada Edwards sent a letter to Garcia's office Wednesday asking her to look into the purchase after council members received an anonymous call from a police officer alerting them that the police paid for the signs.

The caller said Capt. Mark Aguirre ordered Patel to get 50 signs. Patel works in the South Central patrol division where Aguirre served as captain before he was suspended in connect with the arrests.

Buying the signs is legal, but posting them on private property is not, because city funds cannot be spent for private use, city officials said.
In another follow-up, earlier this week, they've dismissed all charges on those arrested in the fiasco.

Darrell Spice, Jr.

[link|http://home.houston.rr.com/spiceware/|SpiceWare] - We don't do Windows, it's too much of a chore

New Are they returning the fines?
I remember reading there were people who paid bail and/or fines and plead guilty just to get out. Is all the money being returned, all the guilty pleas being overturned and records purged?
===
Microsoft offers them the one thing most business people will pay any price for - the ability to say "we had no choice - everyone's doing it that way." -- [link|http://z.iwethey.org/forums/render/content/show?contentid=38978|Andrew Grygus]
New don't recall
and can't find the article. I suspect it's already in the pay-for-access archives.

Also at issue is the money paid to get cars back from the tow companies.

Darrell Spice, Jr.

[link|http://home.houston.rr.com/spiceware/|SpiceWare] - We don't do Windows, it's too much of a chore

New Re: Houston Police f'd up big time
Per your comment about the number of trees in Houston..

While that sounds like a nice environment, perhaps not so nice if - there's a cop behind each one, preparing for a raid on a hangout of those Ugly Murican Criminal Teenager-type Miscreants - who need to be taught a lesson 'bout Justice n'stuff. :-\ufffd

As to the hot dog place, the motorcyclists who had been coming there for 9 years without a single 'incident' - that I can directly compare..

The 'Sunday Morning Ride', partly along coast Highway One and partly inland - has been going on for just under 50 years! It's length is almost exactly equal to one lap of the Isle of Man (TT race)- 28.3 miles. It's a beautiful stretch of scenery, complete with interesting curves and long vistas = you can see where you are going. Yes, speeds tend to be high at certain stretches on a then almost deserted road, and yes - there have been accidents periodically but hardly frequently.

Everyone Knows that it ends at the Pt. Reyes Cafe for breakfast, and there have been occasional Hwy Patrol stops over the years - generally of the sort intended to nail a couple and impress the rest. (Clarification: most of those years were characterized by 100% discipline, "A Rule" when passing through a couple small towns, always below the speed limit; ditto if any auto traffic were encountered elsewhere. This was no idiot clan run amok.)

Point: there's never been a mass arrest, para-military commando raid, etc. Of course, I can imagine the Houston police 'learning' anything from {ugh} California! re dealing with the outliers amidst the population..

Keep yer nose Clean, y'hear ?


Ashton
CA Rocks
Houston Roughs-up
New update - 2 officers indicted
[link|http://www.chron.com/cs/CDA/story.hts/topstory/1691849|2 officers indicted in Kmart raid]
Capt. Mark A. Aguirre, who oversaw the Aug. 18 raid designed to curb drag racing along the 8400 block of Westheimer, and Ken Wenzel, a sergeant in his South Central Patrol Division, were each indicted on five counts of official oppression.

Darrell Spice, Jr.

[link|http://home.houston.rr.com/spiceware/|SpiceWare] - We don't do Windows, it's too much of a chore

New Help, I'm being oppressed!
===
Microsoft offers them the one thing most business people will pay any price for - the ability to say "we had no choice - everyone's doing it that way." -- [link|http://z.iwethey.org/forums/render/content/show?contentid=38978|Andrew Grygus]
New Maybe...but you're NOT official!
jb4
"They lead. They don't manage. The carrot always wins over the stick. Ask your horse. You can lead your horse to water, but you can't manage him to drink."
Richard Kerr, United Technologies Corporation, 1990
New Re: update - 2 officers indicted
Well, good.
-drl
New update - Wenzel quit, Aguirre fired
[link|http://www.chron.com/cs/CDA/story.hts/topstory/1756547|HPD's Aguirre fired over raid]
Houston police Capt. Mark Aguirre, commander of the controversial raid at a westside Kmart in August, was fired this morning.
...
The firing comes a day after Sgt. Ken Wenzel announced he would quit rather than possibly face a similar fate.

Darrell Spice, Jr.

[link|http://www.spiceware.org/|SpiceWare] - We don't do Windows, it's too much of a chore

New update - Aguirre acquitted
[link|http://www.chron.com/cs/CDA/ssistory.mpl/front/1955398|Jury finds Aguirre innocent in raid on Kmart parking lot]
Darrell Spice, Jr.                      [link|http://www.spiceware.org/cgi-bin/spa.pl?album=./Artistic%20Overpass|Artistic Overpass]\n[link|http://www.spiceware.org/|SpiceWare] - We don't do Windows, it's too much of a chore
New Moron
The crucial issue, said juror M.L. Corley, 52, was "whether Captain Aguirre intentionally arrested people, knowing they were innocent."

"How can you prove intent on someone without getting in their heads?"

The same way you do in every other case. You use your judgement. I want this guy on my jury when I snap.
===

Implicitly condoning stupidity since 2001.
New The only good thing about the matter...
is that it leaves the government on the line for it.


But Randall Kallinen, co-counsel to more than 65 plaintiffs, said the verdict will help their cases because it showed that "not only did the higher-ups know what (Aguirre) was doing, but it was in accord with acceptable practices and procedures of HPD."

     Houston Police f'd up big time - (SpiceWare) - (17)
         Re: Houston Police f'd up big time - (deSitter)
         Re: Houston Police f'd up big time - (SpiceWare) - (2)
             Interesting concept. - (Brandioch) - (1)
                 Malpractice, in this litigous society? A slam dunk. -NT - (wharris2)
         It gets even more interesting - (SpiceWare)
         Police may have bought the "no trespassing" signs - (SpiceWare) - (2)
             Are they returning the fines? - (drewk) - (1)
                 don't recall - (SpiceWare)
         Re: Houston Police f'd up big time - (Ashton)
         update - 2 officers indicted - (SpiceWare) - (3)
             Help, I'm being oppressed! -NT - (drewk) - (1)
                 Maybe...but you're NOT official! -NT - (jb4)
             Re: update - 2 officers indicted - (deSitter)
         update - Wenzel quit, Aguirre fired - (SpiceWare)
         update - Aguirre acquitted - (SpiceWare) - (2)
             Moron - (drewk) - (1)
                 The only good thing about the matter... - (Simon_Jester)

Wow. I am just. Wow. Un-. Wow. You'd think...Nah. Wow.
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