| "Austin
American Statesman" Articles
07-30-10: Council rejects Sanders settlement
07-29-10: Council remains divided on Sanders settlement
07-28-10: Austin police union, NAACP leaders vow to work together
07-28-10: Sanders lawsuit to hinge on a moment
07-21-10: Memorial erected to recognize fallen officer
07-21-10: Sanders lawsuit deal troubles council
07-19-10: Austin police union urges city officials to reject settlement
07-19-10: Condensed police academy lures officers to Austin
07-11-10: City reaches settlement terms with Sanders family
07-01-10: Judge: Arbiter had power to reinstate fired officer
06-15-10: Powell executed for 1978 slaying of police officer
06-14-10: 32 years later, Austin cop killer to be executed
06-13-10: Parole board declines to commute Powell’s sentence
06-07-10: Crime and punishment: After 32 years, has Powell's execution lost its meaning?
05-19-10: Vincent: Put KeyPoint report in perspective
04-28-10: Acevedo to remain Austin's top cop
04-26-10: Austin gets 76 new police officers
04-15-10: Police chief testifies in ex-detective's hearing
04-09-10: Another job hunt for Acevedo? No, he says
03-31-10: Acevedo reverses decision to bypass sergeant
03-10-10: Acevedo says he sought opportunity after it was presented
03-02-10: Execution date set for Austin cop killer Powell
02-27-10: Police officials sue over arbitrator's reversal of officer's firing
02-10-10: Police chief ends transfers off patrol
01-14-10: Council poised to create new police commander position
01-01-10: Austin police sergeant takes helm of state police union
12-31-09: APD: Officers obeyed protocol in fatal shooting
12-23-09: Austin police officers report more use of force in 2008
12-21-09: APD says it has complied with federal recommendations|
12-20-09: Operation Blue Santa brings Christmas to needy familes
12-19-09: Vincent: Austin police chief does not wield absolute power
12-19-09: Position sought for bypassed officer
2009 AAS ARCHIVES
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AUSTIN AMERICAN STATESMAN
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07-30-10:
Council rejects Sanders settlement
Controversial agreement would have paid $750,000 to the family of Nathaniel Sanders II.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Published: 11:00 p.m. Thursday, July 29, 2010
After a day of drama and suspense, Austin City Council members Thursday night narrowly rejected a $750,000 settlement with the family of a man fatally shot by a police officer last year.
Council members voted 4-3 against the measure that would have concluded a federal lawsuit with the family of Nathaniel Sanders II.
Mayor Lee Leffingwell rejected the proposal and was backed by Council Members Mike Martinez, Randi Shade and Chris Riley.
The settlement was supported by Council Members Sheryl Cole, Bill Spelman and Laura Morrison.
The council also rejected by a 5-2 vote a last-minute attempt by Riley and Shade to settle with the Sanders family for $500,000 — a figure they deemed more neutral.
Adam Loewy, the Sanders family attorney, declined to comment late Thursday, but he said on his Facebook page that he "is excited to be part of the Trial of the Century in Austin, Texas."
Before the final decision, the council members issued lengthy comments about their reasoning, and some appeared conflicted even in the final moments before the vote.
"Our consideration of this settlement has been a painful process," Riley said. "There are many very strong competing values at stake here. For some time now, what many of us have wanted above all was reconciliation and a collective effort to move forward as a community in a positive way."
The decision prompted an angry response by some members of Austin's African American community, who had warned that the decision would pose a serious setback for minority relations.
At a couple of points during the council's discussion, residents attending the meeting shouted out, and Leffingwell threatened to eject anyone responsible for further outbursts.
"This was a chance for them to make sure the city was fair, and they blew that chance on every level," said Nelson Linder, president of the Austin chapter of the National Association for the Advancement of Colored People.
He named Leffingwell and Martinez specifically as "an embarrassment to the city."
Then-senior police officer Leonardo Quintana fatally shot Sanders on May 11, 2009, in the parking lot of an East Austin apartment complex. He was investigating whether a Mercedes-Benz station wagon in which Sanders was sleeping was linked to a series of crimes in the area.
Officials have said that Quintana fired at Sanders when they struggled for a weapon.
Quintana was suspended for 15 days for not activating his patrol car camera, but Police Chief Art Acevedo said that he did not use excessive force or violate departmental policies requiring officers to use sound tactics.
An outside consultant who reviewed the department's internal review disagreed, but police officials have since disputed some of the consultant's key findings.
Quintana was fired after a drunken driving arrest this year.
The city was initially a defendant in the lawsuit but was dropped last month. However, city lawyers have said the city is still responsible for any damages against Quintana because he was acting in the scope of his job.
It was unclear Thursday night when a federal trial would begin. Spelman said this week that city lawyers advised him that it probably would not occur until at least next year.
A trial was set to begin this month, but U.S. District Judge Sam Sparks struck it from his docket after both sides announced that they had reached a tentative settlement.
Experts and those familiar with the case said it probably will hinge on whether Quintana used excessive deadly force and violated Sanders' civil rights. The trial probably would focus almost entirely on the final moments of the encounter, they said.
Possible evidence such as the outside consultant's report, Quintana's history with the department and Sanders' criminal record would be limited, Sparks has already ruled.
The vote capped a day of suspense at City Hall. Throughout the afternoon, as the group met for four hours in executive session, Riley was reportedly the panel's vital swing vote and remained undecided late into the day.
At 5:30 p.m., while the group had recessed, Spelman was seen walking toward Riley's office. He said he was trying to persuade Riley to support the proposal.
The decision also followed impassioned pleas by some African American leaders to support the settlement.
The Rev. Joe Parker, pastor of David Chapel Missionary Baptist Church, issued an emotional appeal.
"It pains me to be here today with the recognition that some of you are contemplating not approving this settlement," he said. "I believe this is a matter at its core of the city's moral center. I think it speaks to your integrity."
Police union president Sgt. Wayne Vincent, who also addressed the council before the vote, said, "At a time when the community is struggling with what happened, this is an excellent opportunity to have a jury of our peers see all of the evidence in this case and have the case argued by professionals."
During their comments, council members differed on whether a trial would create transparency in the case. Martinez and others argued that it would, but Morrison pointed out that attorneys often fight to suppress certain facts in such trials.
Spelman noted that if the case were settled, information would be available through Texas open records laws.
They also talked about whether the $750,000 deal would send the message that they thought Quintana wrongfully shot Sanders.
In discussing their support for settling for $500,000, Shade and Riley said they were seeking a more neutral figure. They said they hoped the amount would be enough to avoid a trial, but, it was substantially lower than what the city has paid in other police shooting deaths in which officers were found to have erred. Those settlements have reached $1 million. When that low figure was not approved, they said they could not support settling.
But in the end, Shade said, "There is absolutely no amount of money that can bring Mr. and Mrs. Sanders the peace they deserve."
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07-29-10:
Council remains divided on Sanders settlement
Vote expected today on whether to end federal lawsuit.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Published: 9:21 p.m. Wednesday, July 28, 2010
On the day before their scheduled vote, Austin City Council members remained divided Wednesday on whether to support a controversial $750,000 settlement with the family of a man fatally shot by a police officer.
At least three council members — Randi Shade, Laura Morrison and Chris Riley — appeared persuadable on a day that brought more conversation about ending a federal lawsuit brought by the family of Nathaniel Sanders II.
Council members circulated an e-mail from a retired assistant city attorney who had represented the city in the suit, urging them to reject the proposal.
"I clearly believe the officer will win and I have tried a ton of these kind of cases," wrote former city lawyer Fred Hawkins, who left in December. He added that should they decide to settle, "the amount is too high."
Former senior police officer Leonardo Quintana is the lone defendant in the suit. The city was dropped from the suit last month but is still responsible for any damages against Quintana because he was acting in the scope of his job, officials have said. Quintana
fatally shot Sanders in May 2009 while investigating whether a car Sanders was in was linked to a series of crimes. Officials have
said Quintana fired after struggling for a gun with Sanders.
Also Wednesday, some council members hinted that they might seek to renegotiate with Sanders' family to decrease the settlement amount. It was unclear how much traction that idea would gain.
Council Member Bill Spelman, who had remained undecided, said he would support the
settlement. Council Member Sheryl Cole confirmed that she also would vote in favor of it.
"We probably would win the case if we went to trial, but we won't certainly win the case," Spelman said.
Cole said, "Jury trials do not result in community reconciliation."
Mayor Lee Leffingwell has said he is "pretty sure" he will not support the settlement. Council Member Mike Martinez has said that he wants the case to go to trial.
Public sentiment appeared to be mostly against the settlement based on e-mails and phone calls city leaders said they had received. Several reported getting about 100 e-mails, most of which were from residents wanting them to reject the proposal.
Police union officials have opposed the settlement, while some African American community leaders have said it would allow the city to heal.
Spelman said his support for settling the case is rooted, in part, in a belief that a federal trial won't necessarily make public all evidence in the case. He said that based on conversations with city lawyers, most evidence would be made public — except depositions by Police Chief Art Acevedo and City Manager Marc Ott, which remain under a federal seal.
Spelman said he doesn't fully understand why the documents are sealed or whether the city would seek to have U.S. District Judge Sam Sparks make them public.
Spelman said a couple of council members this week suggested trying to get the Sanders family to lower the settlement amount, but Spelman declined to name them.
"I would be interested in any progress we can make on that," Riley said.
Leffingwell said he would like to keep that option open.
Morrison and Shade said Wednesday that they wanted to complete conversations with community leaders and meet with city lawyers in executive session today before making a decision.
"There are a lot of facets you have to look at, from the legal aspect, the business aspect and the community aspect," Morrison said.
In his e-mail to Martinez, Hawkins, who handled several in-custody death cases for the city since the mid-1990s, said he thinks a settlement could prompt a lawsuit by Sir Lawrence Smith, who also was shot and wounded by Quintana.
"I suspect he will want the same or more money than Sanders," Hawkins wrote.
In an interview, Hawkins said, "I think they would win the case, and I think it is one they should try. But I'm just giving an opinion."
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07-28-10:
Austin police union, NAACP leaders vow to work together
Despite difference on proosed Nathaniel Sanders II fatal shooting settlement, two sides aim to mend relations between officers, minorities.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Published: 10:50 p.m. Tuesday, July 27, 2010
Still on opposing sides of a proposed $750,000 settlement with the family of a man fatally shot by an officer, leaders of the Austin police union and a civil rights group pledged on Tuesday to partner in mending relations between officers and minorities.
The union's president, Sgt. Wayne Vincent, and Nelson Linder, president of the Austin chapter of the National Association for the Advancement of Colored People, said they want to jointly appear at schools, neighborhood associations and other community meetings to foster dialogue between officers and residents.
Vincent said that using a pool of leave time the union receives from members, some officers also would attend the meetings, hoping that both they and residents could discuss any barriers between them.
"We are completely opposite on this (Nathaniel Sanders II settlement) issue, but that shouldn't keep us from talking," Vincent said.
Vincent and Linder met Tuesday with the American-Statesman editorial board to discuss their plans. Their first scheduled joint appearance is set for Aug. 22.
Linder said that for years, most of his conversations about the Austin Police Department have been with high-ranking officers, including Police Chief Art Acevedo. He said he thinks he and others in the community could benefit from hearing from the rank and file.
He said he also wants to work with police to teach young people how to respond when they are detained by officers.
"In the final analysis, I want to save lives," he said.
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07-28-10:
Sanders lawsuit to hinge on a moment
City Council must weigh limits on testimony in shooting case as it considers a settlement.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Updated: 12:34 a.m. Wednesday, July 28, 2010
Published: 10:43 p.m. Tuesday, July 27, 2010
Nathaniel Sanders II was an 18-year-old with a growing criminal record who, according to court documents, might have helped burglarize a jewelry store hours before an Austin police officer fatally shot him last year.
Leonardo Quintana, who had been on the force for nearly nine years, used tactics before shooting Sanders that a consultant deemed so "reckless" that they may have been criminal. He was fired after a drunken driving arrest this year.
But in federal court, jurors would probably hear little — if any — of that evidence as they consider a lawsuit filed by Sanders' family against Quintana.
Soon before a trial was set to start this month, U.S. District Judge Sam Sparks granted a flurry of requests that limits from the courtroom certain information that could benefit one side — while hurting the other. He agreed with lawyers that some revelations, although already made public, could unfairly tilt the case.
As Austin City Council members decide Thursday whether to support a controversial $750,000 settlement, legal experts say they must calculate the risk of going to trial with a case now resting almost entirely on the final moments of the May 11, 2009, encounter between Sanders and Quintana.
Although information about Sanders' history and the highly publicized results of an outside review by KeyPoint Government Solutions may have played well in the court of public opinion, the case in federal court would ultimately hinge on whether Quintana used excessive force and violated Sanders' civil rights, experts and those familiar with the issues said.
Should attorneys want to introduce certain matters, Sparks has ordered that they first discuss it with him — out of the earshot of jurors.
With the decision a day away, most City Council members still have not publicly said how they will vote on the controversial settlement. Should they reject the measure, it would be the first time council members have walked away from a proposed settlement in any type of case in recent years.
Mayor Lee Leffingwell said Tuesday that he is "pretty sure" he will not support the $750,000 settlement.
Council Member Mike Martinez said last week that he would not vote for it and thinks evidence in the case — from witness statements to forensic reports — should be fully disclosed in court.
"In our country, one of the more public and honored means of settling these matters is a public trial," he said in a statement.
Officials for the politically powerful Austin police union, which endorsed all but one of the current seven council members, have opposed the proposal, saying that they think a settlement would leave the impression that Quintana erred in the shooting.
However, Nelson Linder, president of the Austin chapter of the National Association for the Advancement of Colored People, and some local ministers have said they think Sanders' family should be compensated for their loss.
Neither Adam Loewy, who represents the Sanders family, Robert Icenhauer-Ramirez, a private attorney hired by the city to represent Quintana, or city lawyers will discuss evidence in the suit.
A voluminous court file also gives no specific road map to the cases they would present — although motions filed by the Sanders family attorney suggest they have witnesses and experts who would testify that Sanders and Quintana never struggled and that Sanders' hands were in the air when he was shot. Quintana's lawyer disputed those claims in writing.
But much of the court file focuses instead on the type of information both sides want left at the courtroom door.
Limiting evidence
The Sanders family filed its suit in federal court about three weeks after the shooting.
Quintana fatally shot Sanders outside the Walnut Creek Apartments on Springdale Road while investigating whether a car Sanders was in was linked to a series of crimes.
Officials have said Quintana fired after struggling for a gun with Sanders, who had been asleep in the back of the Mercedes-Benz. The shooting ignited unrest among some spectators, who broke out windows of police cars.
A Travis County grand jury declined to indict Quintana on any charge. Police Chief Art Acevedo suspended him for 15 days last year for not activating his patrol car camera but did not discipline him for his tactics or use of deadly force.
According to the Sanders family lawsuit, which named the city and Quintana as defendants, Quintana "overreacted and without justification pulled out his gun and began shooting Nathaniel Sanders II." The city was accused in the suit of tolerating unconstitutional conduct by officers and keeping those "with violent tendencies" on the force.
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07-24-10:
Memorial erected to recognize fallen officer
Clinton Hunter, who was killed on duty in 2001, becomes first to be honored.
By Claudia Grisales
AMERICAN-STATESMAN STAFF
Published: 9:19 p.m. Friday, July 23, 2010
With a few digs of a shovel, 11-year-old Mikayla Hunter turned over the dirt below the grass as her family and members of the Austin Police Department watched.
Mikayla, a blond girl with an eager smile, helped open a spot in the ground where a crew would lay the first of 19 memorials to fallen officers throughout the city.
It was here, along a busy corner of the Interstate 35 frontage road in South Austin, that Mikayla's father, Clinton Hunter, died nearly nine years ago while trying to stop a man on the run.
"He was pretty brave," the incoming sixth-grader at Cedar Park Middle School said. "I feel very grateful for everyone to be out here. I think that (people) should remember he gave his life."
Nearby, a crew began erecting a 5-foot-4-inch-tall gray granite memorial to honor Hunter, the first of 20 officers to be honored with a memorial after dying in the line of duty. This memorial, erected close to where Hunter died near I-35 and Onion Creek Parkway, is the beginning of a program that has been in the works for several months to make Austin the first Texas city to honor its fallen officers in such a way.
Hunter died Nov. 29, 2001, as he tried to lay a spike stripe along the road to stop an evading driver who had been drinking. Hunter, 22, had been with the force just 14 months. He was a U.S. Army veteran and a Hays High School graduate who colleagues described as a quiet leader.
Mikayla was 2 when her father died.
"It's things like this that help us remember he will not be forgotten," said Colleen Hunter-Gaudreau , Hunter's widow, who has since remarried and lives with her husband, Mikayla, and 2-month-old and 2-year-old boys in Cedar Park.
As a crane began to lower the granite memorial, Hunter-Gaudreau smiled at her daughter, and Mikayla's grandmother, Velma Hunter-Gonzales, quietly wiped tears flowing beneath her sunglasses.
"I think that it's wonderful for our community to remember," said Hunter-Gonzales, who has become active against drunken drivers . "It's very moving for us."
The memorial program is the brainchild of Austin police Officer Jason Huskins , who learned of the Austin officers who had fallen in the line of duty as part of his training through the police academy.
"Ninety-five percent of people who drive through here don't know," Huskins says, looking out at the corner. "Now, hopefully, that will change."
Each memorial is 20 inches wide and 6 inches thick and will bear an Austin Police shield and list the officer's name and last day of service, along with information about him or her and how the officer was killed. The memorial will be placed as close as possible to where the officer was killed.
Huskins found support for the idea through Rockdale Memorial Co., which has built similar memorials for Texas Department of Public Safety officers. The company is donating the memorials for the Austin program. Twenty Austin police officers have died in the line of duty since 1875.
In a few cases where it's not possible to erect the large memorial, a plaque will be placed near where an officer died, Huskins said.
"As time passes, the general public tends to forget, but the family, the officers, they remember," Huskins said. Now, they can remember and "it serves as a place for the family to come."
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07-21-10:
Sanders lawsuit deal troubles council
Mayor and others say they question message that agreement with family of man shot last year would send.
By Tony Plohetski | Monday, July 21, 2010, 01:53 AM
AMERICAN-STATESMAN STAFF
Updated: 1:53 a.m. Tuesday, July 20, 2010
Published: 11:18 p.m. Monday, July 19, 2010
Austin Mayor Lee Leffingwell said he has "real concerns" about a proposed $750,000 settlement with the family of a man killed by an Austin police officer in May 2009.
Leffingwell, one of several city leaders who publicly expressed reservations about the proposal Monday night, added, "Frankly, I am leaning against it right now."
The seven-member City Council is set to vote on the settlement later this month.
Nathaniel Sanders II was shot by then-senior police officer Leonardo Quintana during what officials have described as a struggle for a weapon Sanders had at his waist.
The Sanders family's federal lawsuit, filed within days of the shooting, alleges civil rights violations. Quintana was fired in May of this year after he was arrested on a drunken driving charge.
Leffingwell said he was troubled by comments the Sanders family's attorney made to the media when the proposed settlement was made public July 8. In a statement, lawyer Adam Loewy said he was pleased that officials were taking responsibility for "this unjustified shooting."
"I think that is basically a slur against the city and Police Department," Leffingwell said.
Council Member Mike Martinez said he would not support the settlement.
"The proposed settlement leaves too many questions unanswered," Martinez said in a written statement. "It serves to close off examination rather than promoting understanding. The question is to get all of the facts in a proper forum and that is what a federal civil trial will do."
Council Member Randi Shade said she questions how much of the money from the settlement Loewy would receive and the nature of conversations between Loewy and city lawyers during negotiations.
Loewy declined to comment Monday night.
The comments from council members come more than a week before they are expected to vote at their July 29 meeting. The matter grows more politically sensitive by the day for city officials.
Austin police union officials immediately rejected the proposal and have since sent a strongly worded letter to Leffingwell and council members urging them to vote against it.
"The moment this ill advised settlement is finalized, there will be a permanent impression that the City of Austin admits this shooting was unjustified and that Officer Quintana alone was responsible for the death of this young man," Sgt. Wayne Vincent, the union president, wrote. "No amount of clauses within the agreement prohibiting assumptions of guilt is going to change the fact that the community will take from this an admission that the police acted inappropriately."
The Rev. Sterling Lands, senior pastor of Greater Calvary Bible Church and a former member of a citizens panel for the police monitor's office, sent a separate letter to Leffingwell on Monday.
Lands wrote that he has no issue with the settlement "other than it appears to be too small."
"The killing of Mr. Sanders was a criminal act and should be treated no different than any other murder or criminal act," Lands wrote. "The City of Austin must admit that this shooting was unjustified and that APD Officer Quintana was responsible for the death of this young man without cause."
Quintana fatally shot Sanders on May 11, 2009, in an apartment complex parking lot, officials said. Quintana was suspended for 15 days for not activating his patrol car camera but was not disciplined for his tactics or use of deadly force.
But a consultant hired by the city determined that Quintana had used tactics that were so reckless they may have been criminal.
Police Chief Art Acevedo disagreed. He later fired Quintana after his DWI arrest.
The civil trial was set to begin Monday , but it was taken off U.S. District Judge Sam Sparks' docket because of the tentative settlement. It was unclear when a trial would begin if council members reject the settlement.
Other council members Monday night said they were not sure how they will vote. Council Member Chris Riley said: "I will tell you I am concerned about it. Beyond that, I am really reluctant to say much more."
Council Member Sheryl Cole said she is talking with community members before making a decision. Council Member Bill Spelman said he has an appointment this week with the city's legal staff to discuss the proposal and declined to comment further until after that meeting.
Council Member Laura Morrison could not be reached Monday night.
Nelson Linder, president of the Austin chapter of the NAACP, said he is not surprised by the hesitancy of some council members.
"I think the community is going to mobilize in every way possible to make sure this is acted upon and that the City Council ensure that this family is taken care of," he said. "How could they not address this family's pain?"
tplohetski@statesman.com; 445-3605
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07-19-10:
Austin police union urges city officials to reject settlement
By Tony Plohetski | Monday, July 19, 2010, 09:26 AM
Austin police union officials have sent Mayor Lee Leffingwell and city council members a strongly worded letter urging them to vote against a proposed $750,000 settlement with the family of a man fatally shot by an officer last year.
Council members are scheduled to vote July 29 on the proposed agreement with the family of Nathaniel Sanders II, who was shot by Senior Police Officer Leonardo Quintana during what officials have described as a struggle for a weapon Sanders had at his waist.
Here is a copy of a letter to city leaders from union president Sgt. Wayne Vincent:
To: Lee Leffingwell, Mayor Austin City Council - City Hall 301 W. 2nd Street Austin, TX 78701
Dear Mayor,
On behalf of the 1600 men and women who provide law enforcement services to our community, I would like to express deep concerns over the contemplated settlement between the City of Austin and the Sanders family. We were all taken by surprise in learning this surrender was being considered. Before you render a decision in this matter, allow me to address in detail what we believe will be the unintended result of such a settlement.
The moment this ill advised settlement is finalized, there will be a permanent impression that the City of Austin admits this shooting was unjustified and that Officer Quintana alone was responsible for the death of this young man. Nothing could be further from the truth, and any reasonable person knowledgeable about the facts would agree. No amount of clauses within the agreement prohibiting assumptions of guilt is going to change the fact that the community will take from this an admission that the police acted inappropriately. Of course Mr. Loewy will be prohibited from making assertions about police misconduct, but he already did that the day this potential settlement became public. His statement to KXAN on 7/10/10 “we are pleased that the City of Austin and APD finally accepts responsibility for this unjustified shooting” gives you proof positive that this will be the final judgment in the mind of the community. Our officers are accustomed to inaccurate perceptions of their actions from anti-police activists and other critics, but this time it will be at the hands of our City Council. Unless you believe this shooting was unjustified and the District Attorney, the Grand Jury, the Police Monitor and the Austin Police Department got it wrong, then I submit you have a duty to fight this in court.
This settlement completely counters any intention of city government transparency. By appropriating three quarters of a million dollars for this settlement, there will be no trial. There will be no opportunity for the general public to see all of the facts. There will be no public display of all evidence developed from this incident. A case can be made that this is nothing short of hush money. More than once in this case the City and APD have been accused by critics of a cover up. To stop the process now with a payoff is certainly not going to change that perception; in fact, it will only serve to bolster it.
With the City’s history of such settlements after police incidents, we are sending a very dangerous message to those who still believe they have a right to resist and fight our Police Officers. Over the years I think we all can agree APD has changed tactics and technology in a remarkable effort to reduce injuries to suspects during police confrontations. We have been remiss however, in another critical area of police encounters. We seldom talk about the responsibility of our citizens to reduce these injuries. That responsibility is very simple. Don’t fight or resist the police. If this responsibility is fulfilled, the need for Police Officers to use force in the first place will be eliminated. Money contemplated to make this trial disappear would serve a much better purpose in public education about what the role is of the police officer, and how best to interact with the police during traffic- stops or other such contacts. I submit this type of program has a real chance of saving lives. Payoff money to make a trial go away will do no such thing.
I submit you have a responsibility to the taxpayers of Austin to protect their liability, and if that means fighting this lawsuit in court, then so be it. I hope you also agree there is a responsibility to the Police Officers you employ. All of you have publicly announced your support of law enforcement. This is one of those opportunities in which you can demonstrate that support by your willingness to fight this battle in court and resist the urge to take the easy way out. There are some concerns that going to court is a gamble for the city. Our officers still believe in the system and believe we will prevail, as do legal experts I have consulted with. Of course there are no guarantees on the outcome, but in this case, money cannot be the primary concern. The reputation of your Police Officers and the city must also be considered when making this decision. Adam Loewy has had the luxury of making outrageous allegations against us for over a year via the media. Your vote to settle this on the dawn of trial will be taken as a sign you agree with him. I refuse to believe that I will be disappointed when you as a body make this decision.
Thank you so much for your time and attention to this matter.
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07-19-10:
Condensed police academy lures officers to Austin
Department filling vacancies, saving money with 17-week class
AMERICAN-STATESMAN STAFF
Published: 8:05 p.m. Sunday, July 18, 2010
During his seven years as a Georgetown cop, Eric Wise routinely heard about the pay perks of Austin police officers, exciting and fast-paced patrol shifts and the chance to work in specialty units such as SWAT and homicide.
He has finally been lured away.
"Austin is just a bigger city," said Wise, a 29-year-old with three sons. "For career development, there are some things that I can do in Austin that a town of 50,000 just can't offer."
Wise will join about 25 experienced police officers from across the state and nation this week in beginning a shortened version of the Austin police academy — the first time in seven years the department has offered a program that officials say will more quickly plug officer vacancies on the street.
Departing from their usual practice of hiring police cadets with little or no law enforcement experience, officials in January began discussing the possibility of having an abbreviated academy for experienced officers when they realized they had money for the program.
As of last week, the department had 12 vacancies among the 1,621 positions authorized this year by the City Council — a number that officials predict will grow to nearly 30 during the four-month modified cadet class.
Officials say the shortened class will allow them to save about $9,000 in training pay per officer. The cadets will spend 17 weeks at the academy, compared with the usual 32 weeks.
"We are able to cherry-pick experienced officers from other agencies and take a known quantity," Assistant Police Chief John Hutto said. "We can look at their work performance and get really good officers that way.
"These folks have been officers elsewhere for several years, so they decrease the risk with every new recruit, which is that you invest the time and money, and then when they hit the street, they realize it's not for them," he said.
Department officials said that traditionally, they value hiring people with little experience and putting the recruits through what officials consider their top-tier academy and a field training program.
Officials acknowledge the risk of hiring officers from other departments who may have adopted tactics that are neither taught nor supported in Austin.
Officials also said that shortened cadet classes on a regular basis might be difficult to fill. Officers in other departments often are reluctant to start over at another agency.
Last year, the department delayed a full cadet class to save money for that budget cycle.
In 2008, city officials sought in a contract with the police union the ability to conduct modified cadet classes.
They had a similar provision in place during the last modified class seven years ago. The agreement altered the hiring process under state law in which officers join the department based on results of a written test.
According to the contract, applicants to a shortened cadet class "must be actively employed as a police officer for a municipal, county or state law enforcement agency that handles a full array of urban police work."
They must have at least three years of experience, and employment or experience with a school or university law enforcement agency is not permitted , the contract said.
According to the contract, applicants also must hold a Texas peace officer's license — cadets usually obtain their license during the police academy — and undergo a background investigation that is customary for all cadets.
To ensure they are not hiring officers with troubled pasts, department recruiters checked internal affairs and personnel files of applicants as well as state licensing agencies in their state.
Department officials said cadets entering the academy this week include former officers from Los Angeles, Dallas, Houston, Kansas City, New York and Durham, N.C.
Others are from smaller agencies, including Boca Raton, Fla.; Coral Gables, Fla.; and in Texas, Selma and Copperas Cove.
Sgt. Art Fortune , a police recruiter for the department, said the group includes two women, eight Hispanics and an African American. The experience of the group ranges from three years to 13.
The cadets will earn the usual salary for others at their rank — about $2,675 a month while in the academy — which will be a pay cut for some.
They will earn the same $52,300 annual salary as probationary officers when they graduate and will receive annual raises like all officers.
Fortune said some of the cadets had been in touch with Austin police officials over a period of years, hoping that the agency would offer an academy for experienced officers. The department also posted a bulletin on its website in 2008, asking for names of people interested in a modified class. They contacted those people this year to see if they were still interested.
Lt. Darryl Jamail , who works in the department's training division, said officers in the program will still learn the basics of police work, including how to arrest suspects and how to conduct traffic stops. Those courses will be condensed, however.
They also will learn about Texas laws and how to write reports in the Austin police database, and they will be taught about departmental rules that may differ from other agencies.
"We tried to keep it as similar as possible to the structure of a regular academy, except in a compressed time frame," Jamail said.
Last week, Jason Jacobson, 35, was driving a moving truck from California to Austin before beginning the class.
He has been on the Los Angeles police force for nine years but in recent months had been wanting to find a different place to raise his two children.
When they learned about the modified police academy, Jacobson and his wife settled on Austin.
Jacobson has been working recently as an instructor in the firearms section of the Los Angeles Police Department but is eager to return to patrolling.
"It's a good job," he said. "When you work in a patrol car, every day is different. You never know what is going to come up, and your success, pretty much, is on you."
tplohetski@statesman.com; 445-3605
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07-11-10:
City reaches settlement terms with Sanders family
Council to vote on $750,000 deal that would end federal lawsuit over police shooting.
AMERICAN-STATESMAN STAFF
Published: 10:00 p.m. Friday, July 9, 2010
The City of Austin has agreed to terms on a settlement that would end a federal civil rights lawsuit brought by the family of Nathaniel Sanders II , who was fatally shot in May 2009 by senior police officer Leonardo Quintana.
According to multiple sources, who asked for anonymity because the agreement is not complete, the two sides have been in mediation and agreed to a $750,000 settlement. The City Council would still have to approve the deal.
City spokesman Reyne Telles said the council is scheduled to possibly vote on the settlement at its July 29 meeting. Telles said the city has asked for a delay in the case, which was scheduled to go to trial in less than two weeks. He declined to elaborate, leaving it unclear why the city's lawyers pursued a settlement.
Sgt. Wayne Vincent , president of the Austin police union, said the organization has concerns that a settlement would send "an absolutely wrong message." He said union officials will meet with council members in the coming days to express their concerns.
"I still hold out hope that the city is not going to cave on this," he said. "This thing has been to the grand jury (which declined to indict Quintana); it has been investigated ad nauseam."
Adam Loewy , an attorney representing the Sanders family, said, "We are pleased this case has been resolved."
Quintana's attorney, Robert Icenhauer-Ramirez , declined to comment and referred calls to the city. Police Chief Art Acevedo was unavailable for comment Friday.
Quintana fatally shot Sanders on May 11, 2009 , in an apartment complex parking lot after they struggled for a gun Sanders had at his waist, officials said.
Quintana was suspended for 15 days for not activating his patrol car camera but was not disciplined for his tactics or use of deadly force. But a consultant hired by the Police Department later determined that Quintana had used tactics that were so "reckless" that they may have been criminal.
Acevedo disagreed but later fired Quintana after a drunken driving arrest in January.
The shooting and its aftermath have roiled City Hall. At first the city would release only a version of the consultant's report in which numerous portions were blacked out. Eventually a copy of the report was leaked to the American-Statesman, and critics said the city had blacked out so much of the report that its conclusions had been fundamentally altered.
The city then said it should not have withheld the unredacted version but did so because its legal staff misinterpreted a contract with the police union.
Then-City Attorney David Smith subsequently resigned under pressure from City Manager Marc Ott , and council members complained about the mishandling of the affair.
Sanders' family filed a federal civil rights lawsuit that named both the city government and Quintana individually. U.S. District Judge Sam Sparks dismissed the city from the suit June 27 .
Previously, settlements over officer-involved shootings have been paid for with money from a reserve the city maintains to deal with liabilities.
The amount of the settlement is about $250,000 less than what the city paid in two previous officer-involved shootings. The city paid the family of Kevin Alexander Brown $1 million after he was fatally shot by an officer in 2007. In that case, Sgt. Michael Olsen was fired for his tactics leading up to the shooting outside Chester's Club in East Austin.
A month after the Brown settlement, the city agreed to pay $1 million to the family of Daniel Rocha , who was shot June 9, 2005, by officer Julie Schroeder during a traffic stop.
Attorneys for the city had previously prevailed in court after it was named in lawsuits involving the shooting deaths of Sophia King , a mentally ill woman, in 2002 and Jesse Lee Owens in 2003 .
tplohetski@statesman.com; 445-3605
07-01-10:
Judge: Arbiter had power to reinstate fired officer
By Tony Plohetski
AMERICAN-STATEMAN STAFF
Published: 10:52 p.m. Wednesday, June 30, 2010
A judge ruled Wednesday that an independent arbitrator had proper authority to reinstate an Austin police officer who was fired in 2008 amid allegations of assault and dishonesty.
State District Judge Suzanne Covington denied claims by city lawyers that arbitrator John B. Barnard of Dallas exceeded his role in returning Sgt. Nedith Torres to the force earlier this year.
Barnard wrote in his opinion that although allegations of dishonesty against Torres were true, Police Chief Art Acevedo should have more strongly considered Torres' record in determining punishment. He said Torres should have received a written reprimand instead of being fired — an opinion that Acevedo rejected and took to court.
"We knew it was a long shot, but when we deal with serious acts of misconduct, we have a responsibility to the greater community and the men and women of the Austin Police Department to leave no stone unturned in our pursuit of excellence and our pursuit of the highest ethical standards," Acevedo said.
Austin attorney Tom Stribling, who is representing Torres, said, "We are very pleased with the judge's ruling and hope that the city will comply with this order and get Sgt. Torres back to work soon."
City lawyers appealed Barnard's decision in state district court in February — a rare legal move. According to state law, the opinions of arbitrators can be appealed to a district court if arbitrators lacked or exceeded their authority. Officers or police officials also can appeal if they think the arbitrator's opinion was based on "fraud, collusion or other unlawful means."
City attorneys did not specifically say how Barnard exceeded his authority. Acevedo said the ruling conflicted with the community's desires.
Officials have said an incident between Torres and his wife
began when she found photographs of him and another woman in bed together. A disciplinary memo said Torres' wife told investigators that she confronted him and that her refusal to return the camera led to a struggle. Torres was dishonest by denying he hurt his wife, the memo said.
Barnard said in his ruling that the evidence in the case could be described as "circumstantial."
Sgt. Wayne Vincent, president of the Austin police union, said Wednesday that he is pleased Torres will be able to return to work.
"We knew there was no basis for this appeal," he said.
tplohetski@statesman.com;
06-15-10:
Powell executed for 1978 slaying of police officer
Family of Ralph Ablanedo expresses relief after 32-year wait; David Lee Powell makes no final statement.
AMERICAN-STATESMAN STAFF
Updated: 12:46 a.m. Wednesday, June 16, 2010
Published: 10:56 p.m. Tuesday, June 15, 2010
HUNTSVILLE — Declining to make a final statement, David Lee Powell was executed Tuesday for killing an Austin police officer 32 years ago as seven members of his victim's family watched silently from a nearby window.
Strapped to the execution gurney with intravenous lines already inserted, Powell kept his eyes locked on members of officer Ralph Ablanedo's family but did not acknowledge Warden Charles O'Reilly's invitation to speak.
His head still turned toward the window, Powell half closed his eyes as the lethal combination of drugs began flowing at 6:10 p.m.
Ablanedo's widow, Judy Mills, gripped the hand of son Steve Mills and cried quietly as the drugs took effect.
A doctor pronounced the once-promising honors student dead nine minutes later. He was 59.
Afterward, Bruce Mills, a former Austin officer who was Ablanedo's friend and later married his widow, said it felt as if a weight had been lifted.
"Relief would be the word to describe it," Mills said. "No more hearings. No more appeals."
Powell's death concluded a 32-year case that featured three trials and multiple appeals, agonizing Ablanedo's family but providing Powell's friends and supporters with the slim hope that his execution could be avoided.
One late appeal, filed last week, argued that jurors mistakenly labeled Powell a continuing threat to society, a requirement for imposing the death sentence.
Supporters argued that it was unconstitutional to kill Powell based on information shown to be incorrect after he spent three decades as a model inmate — helping illiterate prisoners learn to read and counseling others on death row.
Travis County prosecutors responded by reminding the courts that jurors in two retrials — ordered after successful appeals in 1991 and 1999 — had already considered evidence of Powell's good behavior and still sentenced him to death.
Texas courts rejected that appeal Monday, as did the U.S. Supreme Court on Tuesday, shortly before Powell's execution.
In addition, Powell lawyer Richard Burr filed an execution-day appeal accusing Travis County District Attorney Rosemary Lehmberg of providing false statements to the Texas Board of Pardons and Paroles. The board this month considered Powell's request to have his death sentence reduced to a life term.
The Court of Criminal Appeals denied that claim in the early afternoon, before prosecutors could file arguments denying the allegation.
About 150 current and former Austin police officers traveled to Huntsville for the execution — meeting for lunch in a local hotel to watch a video about Ablanedo's life. Most retired officers were wearing black "Journey to Justice" T-shirts. Some wiped tears from their eyes.
After being escorted to the prison by Huntsville police, the Austin officers assembled in seven lines —those who had worked with Ablanedo stood at the front — to serve as an honor guard for the slain officer's family.
The officers stood at attention and saluted as Bruce and Judy Mills; Ablanedo's 87-year-old mother, Betsy; and other family members were greeted and given hugs by Austin Police Chief Art Acevedo.
Acevedo said later that Ablanedo's relatives were overwhelmed by the display of support.
"They were very touched," he said, adding that the encounter was emotional for him as well.
"When you see his widow and Bruce Mills and his mother start to cry \u2026 it's hard not to feel their pain," the chief said. "A mother should never have to bury her child."
Once the prison doors closed, the officers broke ranks and milled around.
Suddenly, nearby protesters fired up their microphone: "We are here because in one hour the State of Texas is going to murder David Lee Powell," a voice loudly proclaimed — greeted by cheers from many of the police officers.
"David Powell the 27-year-old drug addict is not the same person as the sober and remorseful 59-year-old man who is being executed today," Nell Warnes, who had visited with Powell since 2004, told protesters later. "From my long-term interaction with David, I am certain that he is no longer a threat to our society."
When it became apparent that Powell was going to be executed, the four dozen protesters, kept about 100 yards from the officers, stood silently.
Powell spent his final day packing personal property — much of it bound and loose papers — into about 10 orange mesh bags for delivery to Huntsville's Hospitality House. Friends can pick up the items there for delivery to his relatives, who were not present in Huntsville.
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06-14-10:
32 years later, Austin cop killer to be executed
By MICHAEL GRACZYK
The Associated Press
HUNTSVILLE, Texas — Austin police officer Ralph Ablanedo had just let a driver go with a ticket for having no rear license plate when the reply to his background check came through, revealing her passenger had outstanding warrants for theft and passing bad checks.
When Ablanedo again pulled over the red Ford Mustang, passenger David Lee Powell grabbed an AK-47 and fired through the rear window. Ablanedo was hit 10 times, his protective vest no match for the firepower of the Soviet-made assault rifle.
Thirty-two years later, Powell, now 59, is scheduled to die Tuesday evening for killing the 26-year-old officer.
"We're looking forward to it finally being over, no question about that," said Bruce Mills, who was Ablanedo's backup that night in May 1978 and accompanied his mortally wounded partner to the hospital. "The word we keep describing is relief."
Only five of the 322 prisoners now on Texas death row have served more time there than Powell. The lethal injection would make him by far the longest-serving inmate executed in Texas and one of the longest-serving in the nation put to death. A Georgia inmate, Jack Alderman, spent more than 33 years on death row before he was executed in 2008.
Powell would be the 13th Texas inmate to die this year and the 460th since the state began carrying out executions again in 1982. Back then, Powell already had been on death row four years.
"The senseless death of Ralph Ablanedo has weighed heavily on my soul always," Powell said in a handwritten letter to the officer's family that is part of his court file. "When I killed Officer Ablanedo, I killed some part of myself. I have known no peace since."
Powell's lawyers say he has had an "exemplary life on death row," showing a positive attitude, helping other inmates and protecting corrections officers from assault by other inmates.
In a last-ditch bid to courts to save him, they argued Powell's good behavior during more than three decades in prison shows jurors erred when they decided he would be a continuing threat to society and should be put to death.
But a plea for clemency from the Texas Board of Pardons and Paroles was unsuccessful. After the Texas Court of Criminal Appeals rejected an appeal Monday, Powell's attorneys turned to the U.S. Supreme Court. The high court rejected an earlier appeal from Powell last year.
"Certainly it is an uphill battle when you have the offense alleged being the death of a police officer, especially in the manner this police officer was killed," Gerry Morris, one of the defense attorneys at Powell's third trial, said last week.
Powell has been sentenced to death three times, most recently in 1999. The Supreme Court had overturned his original conviction from 1979, and the Texas appeals court threw out his death sentence from a 1991 retrial.
Powell grew up on a dairy farm near Campbell in Hunt County, graduated a year early as valedictorian from his small high school and went into the honors program at the University of Texas at Austin, majoring in physics and math and aspiring to be a doctor.
Court records show he got hooked on methamphetamines and never finished college.
"I was infected with the spirit of the times," Powell said in a video made recently to advocate for keeping him alive. His actions, he said, were a "betrayal of all my values."
Ablanedo, who had been a police officer for five years, described the car before he died. Powell and his girlfriend, Sheila Meinert, were arrested after a shootout with police. Meinert testified Powell gave her a hand grenade and told her to remove tape from it. She said she became hysterical and shoved it back at him.
Officers testified Powell threw the grenade and started running. The grenade, found about 10 feet from a police car, failed to explode because a safety clip hadn't been removed. Authorities later found Powell had a .45-caliber handgun in the car and about $5,000 worth of illegal drugs.
"If only I could go back and rewrite what happened that night," Powell said. "But I can't undo what I've done."
Meinert received 15 years in prison for attempted capital murder, served just over four years and was paroled in 1989.
Mills eventually married his partner's widow and adopted their two sons. They all planned to be in the death chamber Tuesday evening to witness Powell's execution.
"The whole thing about such a model prisoner and great behavior, that is absolutely irrelevant," Mills said. "It's appalling to me to say the jury was wrong.
"The sentence needs to be carried out. It's time
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06-11-10:
Parole board declines to commute Powell’s sentence
By Tony Plohetski | Friday, June 11, 2010, 02:17 PM
Members of the Texas Board of Pardons and Parole unanimously voted today against commuting the death sentence of David Lee Powell, who fatally shot an Austin police officer 32 years ago.
Powell’s scheduled execution by lethal injection is set for Tuesday in Huntsville.
Powell is among the state longest-serving death row inmates; the state has never executed an inmate who has served so long behind bars.
Powell, 59, was convicted and sentenced to death in the May 18, 1978 death of Police Officer Ralph Ablanedo during a traffic stop in South Austin. Ablanedo was shot 10 times with an AK-47.
Powell’s supporters have said that in his time behind bars, he has counseled fellow inmates and helped others learn to read.
This week, Powell’s attorneys filed an application for a writ of habeas corpus to state District Judge Mike Lynch and the Texas Court of Criminal Appeals, saying that jurors inaccurately predicted his future dangerousness. Lynch has said that he will let the Court of Criminal Appeals rule. That court has not yet made a decision.
The recommendation of the board of pardons and parole now goes to Texas Gov. Rick Perry, who can accept it or grant a one-time 30-day reprieve.
06-07-10:
Crime and punishment: After 32 years, has Powell's execution lost its meaning?
By Chuck Lindell and Tony Plohetski
Heavily armed, deeply paranoid and strung out on drugs, David Lee Powell was a nightmare personified in 1978.
Sitting in a car that had been pulled over on a dark Austin side street, Powell sighted his AK-47 through the rear window. Police radios caught officer Ralph Ablanedo's scream as the first bullet penetrated his bulletproof vest. Nine more shots found their mark.
The well-liked father of two young sons died shortly after the 12:30 a.m. attack .
Barring the unexpected, Powell will be executed for that crime on June 15 — 32 years, three weeks and five days after Ablanedo was buried with honors.
Texas has never executed a man after so much time has passed, giving rise to a question that speaks to a basic concept of punishment and justice: Has Powell's execution been robbed of its meaning and purpose?
The clean-cut 59-year-old man who will be strapped to the Huntsville gurney to receive a trio of lethal drugs is nothing like the nightmare from another era. Powell's time in prison long ago removed the methamphetamine taint that helped turn a promising honors student into a jittery, lank-haired killer, and a fiercely loyal group of supporters insists that putting him to death now would be a travesty.
"He's the old David Powell" — intelligent, compassionate, articulate and thoughtful — and no longer poses a danger to society, said attorney David Van Os, who befriended Powell in 1968. "This is not how the death penalty was intended to be used."
But for those most touched by Ablanedo's murder, Powell's execution remains a meaningful — and desired — goal.
Irene Ablanedo, Ralph's sister, plans to stand at the window in the Huntsville death chamber to watch Powell die from five feet away. She will be thinking about her brother, what he meant to his family and how he was taken away too early. The pain of loss still burns.
"I can't wait for that bastard to take his last breath," she said. "That is what he deserves."
For some officers, Powell's death is a matter of fairness — an eye for an eye — that validates their service in a dangerous profession and adds a measure of protection by sending a clear message: If you kill a cop, you die.
More than 100 current and retired Austin police officers — including Ablanedo's friends and some who weren't even born when he died — will drive or take a chartered bus for an execution-day trip to Huntsville, which they're calling the Journey to Justice. Those who can't make it will toast Ablanedo in a downtown Austin bar at 6 p.m., the time set for Powell's execution.
"It is a matter of unfinished business," said retired police Lt. George Vanderhule, who helped Ablanedo's widow plan his funeral. "This has gone on for 32 years, and he has managed to evade justice."
But defense lawyer Richard Burr argues another perspective. Powell, he said, has led an exemplary life in the harsh conditions of death row — teaching illiterate inmates to read, defusing guard-prisoner tensions and offering true friendship to many in the "free world."
"Powell is someone who contributes much more to life than his execution would contribute to the symbolic goal of retribution 32 years after the murder of Ralph Ablanedo," Burr wrote to the Texas Board of Pardons and Paroles in hopes of getting Powell's sentence reduced to life in prison.
Speaking recently from death row, Powell said he wants to live. "I think I still have something to offer in this life," he said. But he's also begun preparing for an execution that appears increasingly likely.
Saying he is horrified to have caused Ablanedo's murder, Powell has tried to apologize to the officer's family and to express regret for the pain he caused by "an act that was a betrayal of everything I believed in and aspired to be."
"I had wanted to do it for decades," Powell said of his December 2009 letter to Ablanedo's family. "Although it was obviously too little too late, it seemed like the right thing to do. It seemed like a small, tentative first step towards healing the tear in the social fabric that was caused" by the murder.
'You'll be all right'
It was shortly after midnight on May 18, 1978.
Powell — carrying an automatic rifle with 38 rounds in the clip, a .45-caliber handgun, a hand grenade and $5,000 in methamphetamine — was on his way to Killeen for a drug deal. Girlfriend Sheila Meinert was driving his red Mustang, which was missing its rear license tag.
Ablanedo — a five-year officer who loved fishing, married his high school sweetheart and had two boys, ages 5 and 1½ — was patrolling South-Central Austin. He pulled the Mustang over on Live Oak Street and ticketed Meinert. Computer trouble prevented dispatchers from checking on Powell, so the officer let them go.
But before the Mustang had traveled half a block, the computer sprang to life and revealed that Powell was wanted for theft and writing bad checks to dozens of Austin merchants. Ablanedo again signaled Meinert to pull over as the dispatcher alerted officer Bruce Mills to provide routine backup.
Mills heard a scream over the police radio — it sounded like Ablanedo, but he wasn't sure — and arrived a short time later to find his friend bleeding on the street.
"He got me with a shotgun. He got me," Ablanedo told Mills, also describing the weapon as a machine gun.
Trying to sit up, Ablanedo asked how badly he was hurt. Running a hand over his stomach, he felt blood and lay back down.
You'll be all right, Mills replied.
As paramedics arrived, other officers cornered Powell in the parking lot of a nearby apartment complex. Somehow, nobody was hurt in the shootout that followed or when the grenade with a 16-foot kill radius, its pin pulled but a safety device still engaged, failed to explode after being thrown near police.
Meinert was quickly arrested. She served four years of a 15-year sentence for being a party to attempted capital murder. (Now living near Seattle, she hung up on a reporter who recently contacted her by phone.)
Powell ran. Police, believing they had him boxed into a wooded area, sent in six officers and two bloodhounds. Everyone else was told to stay out; anything moving would be considered a target.
About the same time, Ablanedo, 26, died on a hospital operating room table.
Powell, only one year older than Ablanedo, was found hiding in bushes at Travis High School about
4 a.m. and arrested without incident. His capital murder conviction four months later prompted this line in the American-Statesman: "Given the long, complex appeal process that is automatic upon conviction of capital murder, Powell probably will remain in a cell \u2026 for several years."
It was a lot longer than that. Powell's appeals resulted in two new trials, in 1991 and 1999. Both times, Powell was returned to death row after jurors concluded he still posed a threat to society.
'Not a troublemaker'
Before the death penalty can be imposed — today and when Powell was first convicted in 1978 — jurors must find beyond a reasonable doubt that the defendant will probably commit future acts of violence that pose a "continuing threat" to society. Powell's supporters say it's absurd to believe the gentle, intelligent man of 2010 poses any such risk.
While on death row, Powell was disciplined a few times, but only for minor rules infractions such as having too many prison-issued socks or refusing to remove a poster from his cell wall, prison officials said. Four guards and a supervisor, testifying at Powell's 1999 retrial, called the inmate respectful and nonviolent.
"He was very quiet, always well-mannered," Mark Morrow, a 14-year guard, testified. "Not a troublemaker, by any means."
Psychiatrist Seth Silverman of Houston has concluded that Powell poses "virtually no risk" of future violence.
Powell has no history of violence beyond that one horrific act in 1978, understands the string of bad choices that led to Ablanedo's murder and displays a superior intellect that allows him to learn from past mistakes, said Silverman, an expert in addiction and forensic psychiatry, in an affidavit supplied by defense lawyers.
In addition, Powell's age adds an element of safety, Silverman said, pointing to research showing that arrest rates fall 90 percent from age 20 to 60.
Silverman began treating Powell about three years ago when the inmate became convinced that voices from androidlike robots were telling him to commit suicide. Aided by his intellect and ability to form healthy relationships, Powell quickly responded to psychotherapy, and the symptoms disappeared within several months, Silverman said.
Longtime friend Genevieve Hearon of Austin said Powell has kept a remarkably even temperament and displayed consistent concern for others despite living in harsh conditions, including confinement in a 60-square-foot cell since death row moved into new quarters in the Polunsky Unit in 1999.
Hearon's nonprofit, Capacity for Justice, works on behalf of prisoners with disabilities and presented Powell with its first Brothers' Keeper Humanitarian Award in 2008. Powell, she said, helped speed accommodations for deaf and wheelchair-using prisoners at the Travis County Jail, where he was held during his retrials, and worked to connect disabled death row inmates with outside help.
"In all of my contact with him, he's been helping other prisoners," Hearon said.
Van Os, who befriended Powell when they were University of Texas freshmen in 1968, believes Powell could safely be released from prison.
"Everything that is known about David Powell demonstrates that the horrific act of violence that he perpetrated against officer Ablanedo and the Ablanedo family is an anomaly in his life. He is a very peaceful, nonviolent person," said Van Os, a former Austin lawyer who now practices in San Antonio.
"I'm not trying to excuse what he did. I don't excuse it. It was a murder, and it was horrible," Van Os said. "But the death penalty is supposed to be imposed only on a person who's a continuing danger to society \u2026 and in his case, that is being made into a farce."
'Just really scary'
With details of Ablanedo's murder still fresh in 1978, Travis County prosecutors had little trouble arguing that Powell posed a lasting threat. And during the 1991 and 1999 retrials, with defense lawyers presenting evidence that Powell had appeared to reform while behind bars, prosecutors never wavered.
"I want you to picture the blood of Ralph Ablanedo seeping through his bulletproof vest," prosecutor Robert Smith told jurors in 1991. "David Powell is here because of a character disorder that cannot be rectified."
Lead prosecutor Terry Keel placed Powell's handgun on a table in front of Powell and asked jurors: "Does this make you feel safe? \u2026 The death penalty is society's self-defense. You have a very manipulative, very dangerous individual here."
Jurors in the 1991 trial deliberated for 10 hours. Nine of those hours were spent on Powell's dangerousness, said Charles Carsner, the jury foreman who still lives in Austin.
The turning point was a psychologist's notes discussing Powell's vision or dream "where he was driving at night on a lonely road, and a cop pulls him over, and he kills the cop," Carsner recalled recently. "It was just really scary."
After jurors in the 1999 retrial came to the same conclusion, Powell's appeals argued that his death sentence was unconstitutional because there is no evidence that he still posed a danger. U.S. Magistrate Judge Andrew Austin disagreed.
"Powell contends that he was 'a different person' when he was retried in 1999. Regardless of whether this court might agree with that statement, the jury \u2026 was not compelled to accept that contention, and it plainly did not," Austin wrote in 2005, adding that a federal appeals court has "explicitly rejected the argument that improving oneself after committing a heinous crime prevents a jury from concluding that one is a future danger."
Powell supporters remain convinced that such a legalistic argument ignores Powell's character, contributions and contrition.
But Ronnie Earle, the former Travis County district attorney who prosecuted Powell in 1978, is unconvinced.
"There was never any doubt about the applicability of the law and the appropriateness of the sentence. It was an ambush totally out of nowhere," Earle said. "His soul is between him and his own personal higher power. His actions are between him and the law."
'He was a genius'
Powell was a fish out of water when he arrived at UT for the fall 1968 semester.
Described as shy and naive, he came to Austin from his family's 80-acre dairy farm near Campbell, a town of fewer than 500 about 60 miles northeast of Dallas. He had been voted most likely to succeed at Campbell High School and was valedictorian of his 15-member graduating class even after skipping his junior year.
"He was the class nerd; he was a very bright man," former classmate Karen Hair testified at Powell's 1999 trial. "We thought he was a genius. He had very thick glasses, and he walked around with a smile on his face all the time."
His SAT scores were almost perfect, and officials with Plan II, UT's honors program, were excited to have him, UT adviser Donette Moss testified in 1999.
After initial trouble adjusting, Powell's grades and schoolwork improved — but trouble arose during his sophomore year, Moss said. Powell got involved in the anti-war movement and began experimenting with drugs. He dropped out of UT in 1970 and slid deeper into addiction over the next eight years.
In the years before Ablanedo's death, Powell's family was alarmed to find the calm, responsible boy replaced by a flighty, fast-talking man with paranoid delusions. Former friends had trouble recognizing him in his thin, disoriented, disheveled state.
"He called me once and said he had to be careful talking to me because the CIA was after him," uncle Clem Struve said.
"I've had mental illness in my family, and I thought he was having a nervous breakdown," Marjorie Powell, his mother, said recently from her Dallas home. "I called a psychiatrist, different people for help."
Powell, however, disappeared. No amount of searching could turn him up, Struve said.
Then came the phone call from Austin about Ablanedo's death. "I remember screaming. Nobody could stop me from screaming," Marjorie Powell said. "It destroyed me, really. I love him with all my heart, of course. And I have never stopped loving him."
Marjorie Powell spent her life savings on lawyers and sat through emotionally wrenching trials, crying out in anguish when her son was sentenced to death, again, in 1991. She and her husband divorced, and Bill Powell died in 2007.
If there has been any silver lining, Marjorie Powell said, it has been watching her son regain the sweet disposition he had as a child.
"He tries to help anybody that's around him, even the guards. One guard talked to me and said he was all for David, that David seemed like a wonderful person — and that's a guard," she said. "I've had mothers of different cellmates call to say how David has been so kind to their sons."
'What a hero'
Before he reported to duty for his final patrol shift, Ralph Ablanedo spent a few minutes sitting with his wife, Judy, on the front porch of their South Austin home. He was sniffling from spring allergies but eager to work, Judy recalled.
"He was absolutely the model that you would want a police officer to be," said former Austin police Sgt. Sam Cox, who was Ablanedo's supervisor. "He had an even temperament, a great family, a supportive wife and a bright future, and he loved what he was doing. He was just a good, decent human being."
Soon after her husband drove away, Judy Ablanedo put their children to bed. Several hours later, she was awakened by pounding on the front door.
The officer at the door had already summoned a neighbor to care for the Ablanedo children, and he whisked Judy to the hospital in his patrol car.
How bad is it? she asked.
It's serious, he told her.
They were at the hospital only a few minutes before Police Chief Frank Dyson and a doctor walked into the waiting room. Judy sank into a chair and sobbed.
"Nobody had to say anything," she said. "It was written on everyone's face."
Mills was already there, having ridden in the ambulance with his friend and patrol partner. Together, he and Judy took on the grim task of telling Ablanedo's parents, who had moved to Austin in 1964, that their son was dead.
Over the next two years, Judy Ablanedo and Mills spent a lot of time together. He'd listen to her anger and sadness in late-night phone calls. A relationship bloomed, and they married in October 1980.
David Ablanedo, only 17 months old when his dad was killed, has learned about the man through stories shared by other family members, from reading scrapbooks of newspaper clippings and from photographs. One of his favorite photos hangs on a wall at the Austin Police Department. He had seen it while visiting Bruce Mills, whose last name he assumed.
"You think about, 'Who was my dad?'" David Mills said. "Naturally, you want to know who he was."
Over the years, he has thought of his father as a hero, not just because of what happened that night, but because of his devotion to his family and desire to make the world a better place.
"He died in the line of duty serving the city, and as a boy, you look up to your dad," he said. "You look to Ralph and say, 'What a hero.'\u2009"
'Nobody wins'
For years, Ablanedo's family has watched in frustration as Powell's case, which they viewed as clear-cut, prompted new trials and appeals.
With Powell's execution now days away, they are making plans for their own journey to justice.
David, who works in the San Francisco area for a human resources consulting firm, is flying in for the execution. His older brother, Steve, a 911 dispatcher in Boston, also will attend.
Ralph's sister Irene, his brother Armand and their 87-year-old mother, Betsy, are driving to Huntsville a day early to make sure nothing comes between them and the execution witness room. Ablanedo's father died of natural causes in 1981.
They predict relief will be the prevailing emotion when the death sentence is carried out — mostly because it will mark the end of any legal proceeding.
"But it is one of those things where nobody wins," Judy Mills said. "He will be put to death, and Ralph will still be gone. It's not about feeling better. There is nothing to feel good about."
In recent months, Bruce Mills has pondered the death penalty and Powell's execution. He thinks that in this instance, part of the purpose of the execution has lost its meaning.
"I don't think it is about deterrent," he said. "It is about retribution."
Judy Mills said, "If it had been done in a timely fashion, it might have been a deterrent, but when you can play the system for that many years, I don't think it is."
But Bruce Mills said the passage of three decades doesn't make Powell's execution any less deserved. He said he supports Powell's rights, including his ability to appeal, but said the legal course that wound through 30 years has been unfair.
"That is the injustice to the family and what the death penalty was meant for," Bruce Mills said.
'Terribly sorry'
Hands cuffed behind his back and a guard at each shoulder, Powell is led into a cramped booth in the Polunsky Unit's visitor lounge. The cuffs are unlocked through a hole in the metal door behind him, and he smiles widely as he picks up the phone to begin his first-ever interview with newspaper reporters.
Powell at 59, his hair gone silver and his gaze steady, is a far cry from the dazed, unkempt man who appeared in photos after his arrest.
He pauses often to collect his thoughts, which tend toward the philosophical.
"Thirty-two years ago, I was responsible for an enormously evil act, and it must have affected most or all people who lived in Austin and their level of comfort, the way they saw themselves and their neighbors," he said. "And no apology I could give would be powerful enough to express my regret for that.
"But every person is more than the worst thing they have ever done, and I am no exception."
Powell's lawyers always advised him to avoid contact with Ablanedo's family and the media, but with his appeals exhausted, he is free to try to explain himself.
He's also free to pursue a goal he knows will be elusive: redemption.
Powell's letter to the Ablanedo family — the first time he publicly took responsibility for the officer's death — was meant to let them "know how terribly sorry I was." Powell also offered to meet with anybody who feels they might be helped by the conversation, but Ablanedo's family wasn't interested.
"I guess the question I'm asking myself is how much pain is sufficient to achieve redemption in the aftermath of irreparable damage. And I don't guess you can ever achieve redemption in this," he said.
"I hope I'm a better person now than I was then. But the truth is, most of my life I was a better person than what you know of me. Time has allowed my true character to re-emerge and show itself. That's how I understand it."
With his execution looking more and more likely, Powell said he hopes to "connect with family and loved ones outside family — let them know what they've meant to me, apologize for my departure and say goodbye."
Inmates can have up to five people at the execution chamber, where they gather in a separate room from the one holding the victim's family. Powell said he has tried to discourage family and friends from watching, fearing they "will be damaged by what they witness."
"I have encouraged everybody to stay away, to be honest. Nonetheless, there will be some there."
An indelible impact
Today, Ralph Ablanedo Drive runs more than a half-mile through a South Austin neighborhood.
The officer's name is read aloud at an annual ceremony commemorating fallen officers.
And sometime soon, a 5-foot-tall gray granite memorial will mark the site, near Live Oak Street and Travis Heights Boulevard, where Ablanedo was shot.
Powell has spent more of his life on death row than in freedom. Friends and supporters continue to rally on his behalf, primarily through the website
letdavidlive.org, but his appeals are over. His lawyer, Burr, has compiled an extensive application asking the parole board for clemency, knowing that only five of 58 such petitions have been granted over the past four years.
The governor can accept or reject the recommendation of the parole board, which has not yet acted on the request.
However it ends for Powell, his case has left an indelible impact on Austin.
Carsner, the jury foreman from Powell's second trial, recalls several jurors crying and others shaking their heads as they voted by rising from their chairs.
"Nobody verbalized, 'Let's get rid of this guy; he needs to die,' or anything like that," he said. "I was voting my own thoughts about the matter, and thinking about the community and how they felt about a police officer's death."
As for Powell, Carsner said he walked away disappointed in the man.
"It looked like he really could've made something of himself. He just really screwed up, and it didn't happen to him all at once," Carsner said. "He got into drugs, selling and using more, then got interested in guns.
"He was just going down this trail, and there didn't seem to be any way back for him."
Lives interrupted
Since Powell's first conviction in 1978, Texas has executed 459 inmates, including six from Travis County.
Of the 322 inmates on death row, only five have been there longer than Powell.
If executed, Powell will be the state's longest-serving member of death row to receive lethal injection. Excell White was executed in 1999 after 24 years, three months.
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05-19-10:
Vincent: Put KeyPoint report in perspective
Wayne Vincent, Local contributor
Published: 5:49 p.m. Tuesday, May 18, 2010
There has been an exhaustive public discussion surrounding KeyPoint Government Solutions' conclusions regarding Austin police officer Leonardo Quintana's actions on the night of the Springdale incident.
The community will be served well by the fact that city and police association legal experts have determined the entire report can and should be released for public review. I finally have had a chance to see this report in its entirety. I hope that a large segment of our community will take the time to do the same. If it does, I am confident people will see this report for what it is: a $50,000 opinion from outside consultants.
KeyPoint did not interview anyone, nor did it gather information on its own about the 2009 police shooting death of Nathaniel Sanders II. To reach its conclusion, it relied exclusively on the work done by the police department's criminal and internal investigations.
Anyone who wants a glimpse at what an Austin cop goes through after a critical incident should read this report. The extraordinary scrutiny surrounding the incident and every aspect of this officer's life, public and private, is indeed astounding. While it is necessary for every aspect of the incident to be reviewed, the endless speculation and second-guessing serves no one well.
The authors of this report have one piece of the puzzle the officers that night did not possess. KeyPoint knew what the result would be. With the benefit of this hindsight, it speculates wildly about what would have happened had the officers approached the situation differently. This is unfair and dangerous.
The simple truth is officers don't call a dozen other cops to the scene to strategize incessantly over every possible scenario imaginable. Cops don't form a committee in the field to weigh the pros and cons of every detail of impending police actions. What the officers did at the scene came directly from their training, experience and situational awareness. Had a consultant been there to tell them a young man definitely was going to pull a gun, then I'm sure their approach would have been different, but short of that knowledge, they made the approach in a reasonable manner.
Austin police officers take suspects out of cars every day. What turned this event into a tragedy was the fatal decision of a young man who reached for a weapon when contacted by the police.
There are police critics today who are waving KeyPoint's conclusions as if they were a flag of victory. To give KeyPoint's opinions (and that's all they are) more weight than the district attorney, a Travis County grand jury, the police chief, the police monitor and the citizens review panel is a huge mistake. The police chief made his decision based upon all the facts. That is the process, and that is what happened here.
Vincent is president of the Austin Police Association.
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04-28-10:
Acevedo to remain Austin's top cop
City and community leaders express relief about Acevedo's choice not to pursue Dallas job.
AMERICAN-STATESMAN STAFF
Austin Police Chief Art Acevedo, one of six finalists to lead the Dallas police force, announced Tuesday that he has withdrawn his candidacy and will remain in his current position.
"I belong here," Acevedo, who appeared emotional at times, said in a meeting with the American-Statesman shortly before a news conference. "I have said from Day One my heart would tell me where I'm supposed to be."
Acevedo, who has been in Austin nearly three years and is credited with numerous improvements to the department, pulled away from the Dallas hiring process at 5 p.m. Tuesday — the same week that Dallas City Manager Mary Suhm is expected to appoint a chief.
He would not say whether he received a formal offer from Dallas. However, he said that he had been negotiating a salary and other employment terms "just like I'm sure every other candidate was."
His decision was greeted with relief and enthusiasm by top Austin city officials, police officers and community leaders. In recent weeks, Acevedo has been telling anyone from rookies to veteran commanders that he would likely continue as chief.
Acevedo, 45, also said Tuesday that he does not plan to seek another employment opportunity for several years.
Austin City Manager Marc Ott, who tried weeks ago to sway Acevedo to stay in Austin with a financial offer, said that he is "absolutely pleased" about the decision.
"I think Art's leadership has been great for the department, and I'm very happy to know the city is going to continue, and the department is going to continue, having him at the helm," he said.
Mayor Lee Leffingwell said, "He's been a benefit to the community, he's done a lot for the police force, and I think he's done a lot of outreach to folks on all sides of the political spectrum."
Council Member Sheryl Cole said Austin "is a fortunate community to be able to keep him."
Dallas city officials said in March that Acevedo was one of six finalists for the position, an announcement that stunned many at Austin City Hall and in the region's law enforcement community.
Acevedo had said at the time that his decision to apply for the position was not an indicator of any dissatisfaction with his department.
However, his application came at a time of mounting tension between Acevedo and some City Council members, a few of whom expressed dissatisfaction in January at having to create a high-ranking position for an officer who had been bypassed for a job and won on appeal. Acevedo had not left a slot vacant while the matter was being resolved.
The announcement also prompted speculation that Acevedo might use a Dallas offer to bolster his salary.
However, four days after he was named a Dallas finalist, he rejected a salary increase from Austin city officials that would have made him the second-highest-paid police chief in the state.
Ott proposed an annual salary increase from $181,480 to $188,480 and a deferred compensation increase from $6,000 to $11,000.
The pay boost would have been a $10,000 increase above the current salary of retiring Dallas chief David Kunkle.
Acevedo also was considered in recent weeks for the Pasadena, Calif., police chief job. Published reports, quoting anonymous sources, said he was one of three finalists for the position.
After the reports surfaced, Acevedo said that a firm handling the Pasadena search "has my résumé" and that he had spoken to them about the job and was under consideration "at one point."
According to The Dallas Morning News, Suhm, the Dallas city manager, was coy Tuesday about whether she had made a final decision about whom she wanted to hire. She told the newspaper she was impressed by the level of support Acevedo has.
"Austin clearly loves him," she said.
Acevedo said that he appreciated the opportunity to interview in Dallas, where he met officers, union representatives and top city officials.
"I have always said the vetting process is a two-way street," he said. "It is for a city that is looking for a police chief to vet the candidates, but it is also for the candidates to vet the city."
The process has been "a very humbling experience for me and my family. The overwhelming level of support (in Austin) ... it's been very touching."
During spring break last month, Acevedo said his 17-year-old son was visiting from California and urged his father to stay in the city after witnessing that support.
"I haven't had a perfect three years, but I think people know my heart is in the right place," he said.
Nelson Linder, president of the Austin chapter of the National Association for the Advancement of Colored People, said Acevedo's announcement is "very good news for us."
"We are going to continue to work with him on every level," he said.
The police union president, Sgt. Wayne Vincent, said, "We are glad Acevedo is staying with us, and we are ready to move forward."
Acevedo said that he plans to continue putting in place recommendations by the U.S. Department of Justice, which reviewed the department's policies a couple of years ago, and to improve diversity throughout the ranks, among other projects.
"I have a lot of fire in my belly," he said. "I believe we are all here for a reason, and that reason is to serve a better good."
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04-26-10:
Austin gets 76 new police officers
Graduating class had been on the chopping block because of budget cuts.
Published: 10:23 p.m. Friday, April 23, 2010
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They're officially rookies.
Austin officials graduated 76 police cadets Friday night who were in a class that at one point had been on the city's financial chopping block.
The class includes a former aerospace engineer, combat veterans and residents from other states, including Montana, who moved to Austin to become officers.
The amount of training that cadets receive at the police academy more than doubles state requirements. The 1,282 training hours included legal issues, emergency vehicle operation, crisis intervention, leadership and defensive tactics.
Cadets also are able to get 21 college credit hours from Austin Community College because of their training.
Last spring, officials delayed the class that was scheduled to start in March after city officials said they wanted to identify up to $15 million in possible cuts amid lagging sales tax revenue.
Later last year, officials discussed cutting the cadet class, but a decision by the police union to defer their pay raises helped preserve it.
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04-15-10:
Police chief testifies in ex-detective's hearing
Acevedo says he had multiple examples of bias
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Austin Police Chief Art Acevedo on Wednesday detailed his worries that bias had tainted a high-profile police shooting investigation after the death of Nathaniel Sanders II last year.
Appearing before an independent arbitrator, Acevedo testified that he was stunned to learn about e-mails that former internal affairs Detective Chris Dunn sent to fellow investigators during the shooting investigation. He also disclosed for the first time other evidence that he said contributed to Dunn's termination last year.
Acevedo said Dunn repeatedly displayed partiality toward officer Leonardo Quintana , who fatally shot Sanders and made statements in a report that included: "(Sanders') violent history assures of his capabilities."
"You can be a convicted murderer, a convicted rapist, it doesn't matter who you are," Acevedo told the arbitrator, who will decide if Dunn will get his job back. "What matters ... are the facts, what led up to it.
"It seemed like the interest wasn't in conducting a thorough, complete, impartial investigation," Acevedo said.
After evidence of possible bias was made public, it raised community doubts about the inquiry and the ability of officers to investigate their own. Acevedo has since reassigned nearly every internal affairs officer and imposed new rules for how investigations are conducted.
Also Wednesday, former internal affairs Cmdr. Charles Johnson testified that he was worried that two other investigators assigned to the case may have shown bias in how they investigated the shooting, which officials said happened when Sanders and Quintana struggled for a weapon. Quintana had been investigating whether the car Sanders was in had been linked to crimes in the area.
Police officials on Wednesday also publicly revealed for the first time that former Detective Shawn Harkin - who is now retired - received a written reprimand for failing to conduct a complete and thorough inquiry into the shooting.
Harkin, who has been attending the hearing, said Wednesday that detectives "did the best job we could do with the tools in our toolbox." He said he had only been assigned to internal affairs a short time when the shooting happened.
Acevedo fired Dunn last year for failing to maintain an impartial attitude during the investigation and bringing discredit on the department.
Dunn sent an e-mail to fellow investigators two days after the shooting in which he suggested that they could review Sanders' criminal history and possibly make him a "causation" of the shooting.
Dunn's lawyer has said that his client sought to conduct a thorough inquiry and was treated unfairly. Dunn is expected to testify this week.
During his testimony, Acevedo raised multiple concerns about the investigation - some of which were discussed in the findings of a consulting firm hired by the city to review the inquiry.
Officials for KeyPoint Government Solutions discovered Dunn's e-mail about possibly making Sanders a cause of the shooting.
But Acevedo said he had already grown concerned by the time those e-mails were discovered.
He said that in reading a transcript of interviews, he noticed that internal affairs investigators asked "leading questions" of Quintana that could have helped him.
Acevedo said that Johnson alerted him to the same concern, that they discussed it and that "he assured us he was on top of it and taking care of the investigation."
Johnson has since been reassigned.
Acevedo also testified that Johnson said he was rewriting the internal affairs divisions' summary of the case because of a dispute about what the findings should say.
Acevedo, who will face cross-examination today, said he asked detectives to write a memo with their thoughts because of the differences in opinion. Dunn's report contained evidence of bias, he said.
During a disciplinary hearing for Dunn last year, Acevedo said, Dunn acknowledged his mistakes and the damage he had done to the department.
"There is no consoling the situation," Acevedo said. "It's as bad as it gets."
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04-09-10:
Another job hunt for Acevedo? No, he says
Austin police chief interviewing with Dallas city manager today.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
On the day before a key interview for the top Dallas police job, Austin Police Chief Art Acevedo distanced himself from two media reports that he was a finalist to take the helm of a police department in California.
Quoting anonymous sources, the Pasadena Star-News and Pasadena Weekly reported Thursday that Acevedo was one of three contenders to become that city's chief.
Acevedo initially would not comment on the reports or say whether he had applied for the position. In a later interview, he said he was not a finalist for the job.
"I am not in that process," Acevedo said.
He said that a firm handling the Pasadena police chief search "has my résumé" and that he had spoken to them about the job and was under consideration "at one point."
"My focus as always is continuing to do my job with the Austin Police Department," Acevedo said.
"There is always speculation on these chiefs' jobs, and obviously someone speculated I was in the process, and they speculated wrong," he said. "I am not in the process. I am not a finalist."
Star-News Editor Frank Girardot said he was confident in his newspaper's reporting.
Pasadena city officials have closed from public review their police chief search and required members of a search committee to sign confidentiality agreements.
The reports from Pasadena initially stunned police and city officials in Austin, including some of the chief's closest allies. They said Acevedo had not told them that he was seeking the Pasadena position, even though he had privately informed some of them that he was applying to become the Dallas chief. He applied for the Dallas job last month.
City Manager Marc Ott said he called Acevedo after learning of the media reports and did not immediately receive a call back.
"I would have preferred to have heard it from him. \u2026 It would have been protocol to notify me in a case like this," Ott said, adding that he has been pleased with Acevedo's performance as police chief.
He said he later received a call from Acevedo telling him he was not a Pasadena finalist.
The reports come as Acevedo is completing interviews to become the police chief in Dallas, where he is one of six contenders.
He will spend the day in Austin today with Dallas City Manager Mary Suhm , who is meeting with community members and police officers.
Dallas officials have said they hope to appoint a new chief this month.
Acevedo has said that he was interested in the Dallas job to move forward in his career in a "large diverse urban environment."
Dallas has a population of 1.2 million, Pasadena has 150,000 and Austin has about 757,000.
Acevedo, 45, became the police chief in Austin in July 2007 after spending more than two decades with the California Highway Patrol. He spent two years of his career in Pasadena.
At Austin City Hall on Thursday, the Pasadena reports again prompted praise of Acevedo from city officials, many of whom have expressed regret that he may depart for Dallas.
Ott had already offered Acevedo a "retention salary increase" that would have made him the second-highest-paid police chief in Texas if he withdrew from consideration for the Dallas job.
During a break from Thursday's regular council meeting, Mayor Lee Leffingwell said, "We don't know if he applied for the (Pasadena) job or was nominated," an assessment echoed by Council Member Randi Shade. Council Member Laura Morrison said the finalist status would be proof that Acevedo is a good police chief that Austin would benefit from keeping around.
"I'm certainly respectful of somebody trying to advance their career," Morrison said, adding that she hopes Acevedo stays in Austin because "I think he still has a lot to offer our community."
Council Member Sheryl Cole said, "People look for opportunities. You can't hold that against them. It's my understanding he loves Austin."
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03-31-10:
Acevedo reverses decision to bypass sergeant
Chief says he made decision based on further review, which he did not detail.
Austin Police Chief Art Acevedo said Wednesday that he will no longer deny the promotion of a sergeant who had been bypassed for a position last year.
The decision comes after a hearing last month in which Sgt. Michael Larner appealed the bypass — but before an independent arbitrator could rule whether Acevedo had a valid reason to withhold the promotion.
"Based on the information I received and further review, I think the appropriate thing to do is to promote him," said Acevedo, who was in Dallas for interviews to become that city's next police chief. "So we are going to promote him."
Larner will become a lieutenant effective today , but it was not clear Wednesday where he will be assigned. He will receive no back pay as part of an agreement with the city to close the matter.
Acevedo declined to provide specific details about his additional review of the case, other than to say that he received more clarification on issues that contributed to his original decision.
Attorney Tom Stribling, who represented Larner, also would not say what information may have led to Acevedo's decision Wednesday.
"We are happy the process worked and appreciate the chief being willing to reconsider," Stribling said.
According to a memo from Acevedo to Larner in December, Acevedo bypassed Larner because he had recently failed to properly review an officer's use of force.
That officer had been dismissed in June 2008 amid allegations of insubordination and not appropriately completing reports after an incident in which he said a suspect resisted arrest. He was later reinstated.
The memo also said that, in October, Larner had been placed on a "performance improvement plan" for six months when he became eligible for promotion.
Larner was the third officer Acevedo had bypassed since becoming chief in 2007, an action that had been rare among previous chiefs. Independent arbitrators overturned Acevedo's previous bypass decisions.
State law requires chiefs to withhold the promotions of officers if they have a valid reason.
Sgt. Wayne Vincent, president of the Austin Police Association, said he isn't sure what led Acevedo to change his mind.
"We are just glad there was a reversal and that we can move forward," he said.
tplohetski@statesman.com; 445-3605
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03-10-10:
Acevedo says he sought opportunity after it was presented
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Austin Police Chief Art Acevedo, within hours of applying for the job, was named one of six finalists Monday to become the next leader of the Dallas police force.
Panels of Dallas residents, city officials and police union representatives will interview Acevedo later this month, but it was unclear Monday when the city would name its new chief .
Acevedo, who has been in Austin since July 2007, said he applied after the position "was presented to me." He had privately informed several top city officials in recent days that he was considering applying for the job but had not told them he'd formally entered the process.
"I want to assure the men and women of the Austin Police Department that I very much enjoy my work with this great department," Acevedo said in a statement. "The decision to respond to this opportunity is not an indication of my dissatisfaction, in any way, with this outstanding police department."
The announcement comes at a time when Acevedo's prominence in Austin — and the law enforcement community nationally — continues to grow.
Some City Hall insiders Monday night questioned whether Acevedo might attempt to use the possibility of becoming Dallas' chief to bolster his Austin salary, which was about $180,000 last year, or to obtain other perks such as an employment contract with the city.
In his statement, Acevedo mentioned that the average tenure of a major city chief is three to five years and that he has no contract with the City of Austin — only City Manager Marc Ott does.
Ott said he thinks any discussion about a counteroffer is premature.
"I don't want to presuppose what is going to happen in that regard," he said.
However, Acevedo, who oversees about 1,600 officers, said he would probably accept an offer in Dallas if he and the city agree on the salary and other terms. Dallas Police Chief David Kunkle , who plans to leave in April, earned about $177,000 last year.
The Dallas opening comes during a time of mounting strain between Acevedo and some city leaders, who have raised concerns, in particular, about his decisions to bypass some officers for promotions.
Acevedo has lost two recent appeals by officers who were bypassed, and hearings for a third began this week.
Some City Council members earlier this year expressed frustration at having to create a high-ranking position for an officer who won his appeal. Acevedo had not left a slot vacant while the matter was being resolved.
Acevedo also has increasingly garnered the spotlight at community events, including a recent anti-hate rally downtown, during which he received thunderous applause and cheers while City Council members looked on.
City officials offered mixed reactions Monday night to Acevedo's possible departure. Several talked as if Acevedo would probably be hired.
"He will be hard to replace," Mayor Lee Leffingwell said. "In a way, I hope he doesn't get it, but I wish him well. He has a career to think about, and his career is ahead of him."
Acevedo, 45, moved to Austin after spending more than two decades with the California Highway Patrol. He found a department that was under U.S. Department of Justice scrutiny for how it uses force against minorities and has worked in recent years to improve police and community relations.
Council Member Laura Morrison said, "I wish him well and good luck if he's looking to a new future."
However, Council Member Mike Martinez said he has no indication that Acevedo would leave. "I think it is premature to sound any alarms right now," Martinez said.
But Martinez said he isn't surprised that Dallas encouraged Acevedo to apply.
According to a City of Dallas memo, other contenders for the job include the San Jose, Calif., and Louisville, Ky., police chiefs. The city's job posting said the next chief would oversee about 3,600 officers and a $410 million budget.
"The next Chief will be expected to continue growing the sworn component of the department while confronted with budget challenges," the posting said.
Among the rank-and-file, Austin officers said Monday night that they were surprised by the announcement, said Sgt. Wayne Vincent, the police union president.
Relations between the union and Acevedo also have grown increasingly frayed, culminating last month with the chief's decision to take to court an arbitrator's opinion to reinstate a fired officer.
"I wish him luck if (Dallas) is what he wants to pursue," Vincent said.
tplohetski@statesman.com; 445-3605
03-02-10:
Execution date set for Austin cop killer Powell
By Tony Plohetski | Tuesday, March 2, 2010, 10:33 AM
A state district judge has set an execution date for David Lee Powell, who fatally shot an Austin police officer more than 30 years ago during a routine traffic stop.
Powell, who is one of the state’s longest-serving death row inmates, is scheduled to die “after the hour of 6 p.m.” on June 15, according to an order issued late Monday by Judge Mike Lynch.
Lynch ordered that Powell, who shot Officer Ralph Ablanedo 10 times with an AK-47, “die by intravenous injection of a substance or substances in a lethal quantity sufficient to cause death.”
The most recent Travis County inmate to die by lethal injection was in 2005, when David Martinez was put to death in the slaying of Kiersa Paul, who was 24 years old when her body was found in the Barton Creek greenbelt. She had been strangled, raped and stabbed.
Six offenders from Travis County currently are on death row.
Powell’s May 1978 crime occurred after Ablanedo pulled over Sheila Meinert, Powell’s girlfriend at the time, for a routine traffic stop. Powell, who also was accused of trying to shoot other officers when they cornered him, was found guilty and sentenced to death within months of the shooting.
He appealed his conviction, saying that he had talked to a psychiatrist without being warned of his rights, and received a new trial in 1991. Powell also appealed that guilty verdict, saying he had been improperly sentenced, and was given a new sentencing trial in 1999. He was again given the death penalty.
His lawyers appealed that decision to the 5th U.S. Circuit Court of Appeals and lost.
Meinert served four years of a 15-year sentence for being a party to attempted capital murder.
Houston attorney Richard Burr, who represents Powell, said today that he is angered and saddened by Lynch’s order.
He said Travis County District Attorney Rosemary Lehmberg could have “stood tall” and not sought for Lynch to set the execution order.
“This is wrong from every perspective,” Burr said.
He said that in three decades behind bars, Powell has taught other inmates to read and counseled other death row prisoners.
Lehmberg said, “It is a sad day for everyone when an execution date is set, but three juries have heard this case over the years and in each instance have determined this is a proper sentence.”
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02-27-10:
Police officials sue over arbitrator's reversal of officer's firing
Rare challenge of ruling called 'outrageous' by union leader.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Updated: 10:13 p.m. Friday, Feb. 26, 2010
In a rare move, Austin police officials filed a lawsuit Friday in state District Court, saying that an independent arbitrator wrongfully overturned a decision to fire an officer in 2008.
According to the suit, John B. Barnard of Dallas exceeded his authority by ruling last week that Sgt. Nedith Torres should be returned to the force, even though Barnard found allegations of dishonesty against Torres to be true. The suit does not specifically say how Barnard exceeded his authority, but Police Chief Art Acevedo said the ruling conflicts with the community's desire.
"I think it is unconscionable to tell us that someone who has been found to be dishonest belongs in law enforcement," Acevedo said. "When an arbitrator steps out there and says those standards don't mean anything, they mean everything to this department and this community. It is well worth the fight."
Tom Stribling, who is representing Torres, questioned the merits of the city's suit and accused Acevedo of ignoring a state law saying that an arbitrator's decision "is final and binding."
"In the coming days, I will review the city's lawsuit and consider asking the court for sanctions against the proper party for filing this case in bad faith," Stribling said.
Barnard, who was selected by both the city and the police union for the case, declined to comment other than to say, "I made the decision, and whatever they do with their decision is their choice."
The case is the first time in a decade in which Austin police officials have fought an arbitrator's opinion in a district court — a move that experts say also is uncommon across the state.
The dispute stems from Acevedo's decision to fire Torres in August 2008 amid allegations of assault and dishonesty.
According to a disciplinary memo, an incident between Torres and his wife began when she found photographs of Torres and another woman in bed together. The memo said Torres' wife told investigators that she confronted him and that her refusal to return the camera led to a struggle.
Torres was dishonest about the incident by denying that he had hurt his wife, the memo said.
He pleaded guilty to a Class C assault charge in Williamson County, where he lives, but had originally been arrested on a Class A misdemeanor charge of family violence assault.
In his 20-page decision, Barnard said Acevedo correctly found that Torres had been untruthful and assaulted his wife.
However, he said that "quite a bit of the incident is a he said/she said situation. The evidence itself that was presented can easily be described as circumstantial."
Barnard said Acevedo should have more strongly considered Torres' "excellent record" in determining his punishment. He wrote that Torres has more than 20 years with the department and has 16 commendations.
Barnard said Torres should have received a written reprimand instead of being fired.
According to state law, the opinions of arbitrators can be appealed to a district court if arbitrators lacked or exceeded their authority. Officers or police officials also can appeal if they think the arbitrator's opinion was based on "fraud, collusion or other unlawful means."
The last case Austin police challenged in court was in 2000 and involved a ruling in which an arbitrator listed several conditions an officer must meet before his reinstatement. Former Police Chief Stan Knee argued that the arbitrator exceeded his authority in making those demands but later withdrew the suit.
Police and city officials could not say Friday the number of people Acevedo has fired, how many have appealed and the outcomes of each.
In recent months, Acevedo has sought to bypass three officers for promotion, saying that he had valid reasons that include disciplinary histories and job performance.
Arbitrators have ruled against him in two cases, the most recent of whom said Acevedo's argument was "a nice try" and that he ignored "the plain wording" of state law.
A third case is set for a hearing next month.
Sgt. Wayne Vincent, president of the Austin Police Association, said he is shocked that Acevedo is taking the matter involving Torres to court.
"The chief doesn't seem to mind these rulings when they go in his favor," Vincent said. "To me, it is outrageous."
tplohetski@statesman.com;
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02-10-10:
Police chief ends transfers off patrol
Move comes as patrol reaches 'critical vacancy level,' Acevedo says.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Published: 9:19 p.m. Tuesday, Feb. 9, 2010
Saying the department has reached a "critical vacancy level" that likely will worsen before the summer, Austin Police Chief Art Acevedo has halted transfers among its 600 patrol officers to keep them on the streets.
Acevedo said vacancies among patrol officers reached 10 percent last month, prompting his decision, which took effect this week and will last until at least July, when a new batch of rookies will begin work.
Acevedo also has ordered the police union's vice president and secretary, who had been working full-time for the organization, to return to active duty.
Both detectives, they will plug vacancies at that rank, which typically are filled by the promotion and transfers of patrol officers.
"Our No. 1 priority as an organization is to respond to 911 calls, and we will not allow a further reduction of patrol assets," Acevedo said. "It would be inappropriate."
Police officials said the move is the first time Acevedo has put a freeze in place during his more than two years as chief, but that previous chiefs have done so to curtail patrol staff shortages.
Police officials had predicted since last year that the department could experience higher vacancy rates after city officials delayed by six months a cadet class that was scheduled to begin in March 2009.
The move saved about $1.4 million during a period in which the city needed to chop about $20 million from the budget.
Officials also had discussed cutting the class in this year's budget, but officers decided in June to give up pay raises to save the city about $5 million and help preserve the academy.
About 80 cadets in a current police class are scheduled to graduate in April and finish their field training in July.
Assistant Police Chief Sean Mannix said the city has granted the department 612 patrol officer positions this year and that it currently has 43 vacancies.
Another 15 officers are on military or injury leave.
The department also has 354 officers at the rank of detective and corporal — the ranks are the same level, though each perform different tasks — and will have no vacancies with the addition of the union's vice president and secretary, officials said.
Vice President Detective Mike Bowen will work in the department's firearms review unit, which investigates people accused of illegally carrying guns, and secretary Detective Chris Perkins will investigate an array of cases in North Austin.
Both have been away from active duty for more than a year.
"I don't think we can justify having two detectives on full-time leave when we are enacting a patrol freeze," Acevedo said.
"It would not be fair to our patrol personnel, and as a matter of fairness, that is what we have decided to do."
Sgt. Wayne Vincent, president of the Austin Police Association, said he is disappointed that Bowen and Perkins are leaving their full-time union positions.
However, he said he understands the need.
"I am going to have to take the chief at his word that we are at an emergency shortfall of officers, and the union will pitch in as long as we believe this is an emergency," said Vincent, who will continue working full-time for the union using hours that are donated by officers for association business. "Everybody has to struggle, and we will do that."
Mannix said department officials used a formula that includes the number of emergency calls, response times and staffing levels to determine how many patrol officers they need at any given period.
Using that, they concluded that 10 percent patrol vacancies would trigger a transfer freeze.
The department has other contingency plans should the number of vacancies rise to 12 percent. Those preparations include plucking officers from certain units, such as the motorcycle unit and the SWAT team, for patrol duties.
Mannix said officials think it is possible that the number of patrol vacancies will reach 12 percent in July through retirements and resignations.
Officials have said that the department loses an average of four officers a month.
Mayor Lee Leffingwell said Acevedo's decision to end patrol transfers "sounds like, frankly, an operational tactical decision, which is totally his purview."
"It doesn't sound like it is going to be a huge impact on the operations of APD," Leffingwell said.
"It is an interim solution to an interim problem."
tplohetski@statesman.com; 445-3605
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01-14-10:
Council poised to create new police commander position
Decision is best option, council members say.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Updated: 11:51 p.m. Wednesday, Jan. 13, 2010
Published: 9:29 p.m. Wednesday, Jan. 13, 2010
Austin City Council members will likely create a new high-ranking police position today for an officer who had been denied a promotion but received the job on appeal.
Several council members said Wednesday that although they will support the measure, they remain less than enthusiastic about adding a new slot to the commander rank, the department's highest nonappointed position.
"At this point, I don't see any fair and equitable way out of the situation," Mayor Lee Leffingwell said. "I would have rather this not happened in the first place, but now that it has, I'm going to go ahead and support this."
The position will be filled by Lt. Wayne Demoss, who last month was awarded the job by an independent arbitrator.
Police Chief Art Acevedo had denied a promotion to Demoss last year, citing prostitution allegations during a trip abroad two years ago. Demoss was not disciplined, and an investigation found that the allegations were unfounded.
Acevedo filled the most recently vacated position with Cmdr. Patrick Ockletree, who was next in line on a promotional list and now supervises officers in Central Austin.
That decision left no slot for Demoss, who won his appeal a couple of weeks later.
Acevedo has said that he did not want to indefinitely leave vacant a commander position to await a decision in Demoss' case and that he doesn't think demoting Ockletree would be fair. Austin police commanders typically make $113,000 a year.
On Wednesday, Council Members Sheryl Cole, Laura Morrison, Mike Martinez and Randi Shade each said they also will support the creation of a new commander position.
Council Members Chris Riley and Bill Spelman could not be reached.
Leffingwell said that he wishes the city were not in the position of already having an officer promoted before an arbitrator ruled on Demoss' appeal.
Morrison said, "It is by no means a perfect solution, but I feel it would be unfortunate to demote someone else through no fault of his own. It is what I think is a reasonable solution in a difficult situation."
Shade said that she supports Acevedo's right to deny promotions in cases in which he thinks it is necessary but that she also supports the rights of officers to appeal those decisions.
"We are where we are," Shade said of today's vote.
Sgt. Wayne Vincent, president of the Austin Police Association, said he thinks creating the position is the right decision.
Had council members not done so, he said, "You'd have Ockletree being demoted, and he was put in the commander's position. He's already in place, and to demote him through no fault of his own would be wrong."
It was unclear Wednesday where Demoss will be assigned.
tplohetski@statesman.com; 445-3605
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01-01-10:
Austin police sergeant takes helm of state police union
Todd Harrison says he wants to increase wages of low-paid officers along border.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Now that he heads the state's largest law enforcement union, Austin police Sgt. Todd Harrison says he will begin lobbying for the right for all Texas officers to negotiate their salaries and benefits.
He said he'll also work to raise salaries of officers in particular agencies along the border, where he said hourly wages can be as low as $8.50 an hour.
And Harrison said he will monitor for any rumblings of proposed state laws that would decrease officer benefits.
"It's going to be a very big responsibility, and I think it is going to be a big challenge," he said.
Harrison took over Friday as president of the Combined Law Enforcement Associations of Texas , the first Austin police officer to serve in the position since the union was created in 1976.
He oversees the organization — CLEAT has more than 17,000 members — at a time when the already powerful group is seeking to boost its clout at the state Capitol.
The organization is continuing discussions about possibly merging with the Texas Municipal Police Association, which would give CLEAT more than 30,000 members and make it one of the largest police unions in the nation.
Harrison also now oversees the primary mission of CLEAT: providing legal representation to officers and serving as a resource for local unions who seek to negotiate employment contracts. Winning such rights generally requires local voter approval and can be contentious in some communities.
Sgt. Wayne Vincent, president of the Austin Police Association, said his group also plans to work with Harrison to get better treatment for injured officers.
State workers compensation programs are increasingly denying certain care to wounded officers, Vincent said.
"With him here and familiar with our stories, that is going to help," he said.
Harrison said he decided to seek the three-year presidential term in October after two decades of CLEAT involvement. He ran unopposed.
Over the years, he said he has remained concerned — and motivated — by what he said were poor wages among officers in some parts of the state, including the border and isolated, rural areas.
"The only way to get more professional police officers across the board is that you pay them like professionals and treat them like professionals," he said. "If a man is worried about feeding his family, that puts extra stress on him that I don't think anybody wants a police officer to have."
Harrison first got involved in the group in the late 1980s, when he and fellow deputies at the Travis County sheriff's office decided to form an association for employees. Harrison said he sought guidance from CLEAT staff.
After joining the Austin Police Department in 1993, Harrison said he remained involved in CLEAT and the Austin police union.
"I had a vision of what I thought I would like my association and union to do, and really, the only way you can get your voice heard is to get active and run for positions where you can be heard," he said.
In his 16 years as an Austin officer, Harrison has served as a CLEAT regional director and most recently as vice president.
"I'm really excited about him taking over," said El Paso police officer Chris McGill, who has been president the past three years. "I think he is exactly what the organization needs. He's young, experienced and motivated, and he cares a lot about the members."
During the next three years, Harrison will be on leave from the Police Department. His salary will be paid by CLEAT and with leave time officers donate to him.
Austin Police Chief Art Acevedo said he supports Harrison.
Acevedo said Harrison will be an "outstanding advocate" for officers across the state to raise the quality of their work environments.
"Todd really cares about officers who are less fortunate than the men and women of the Austin Police Department," he said.
tplohetski@statesman.com; 445-3605
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12-31-09:
APD: Officers obeyed protocol in fatal shooting
But DA's office says 911 tapes will not be released for a while.
By Marty Toohey
AMERICAN-STATESMAN STAFF
Updated: 8:57 p.m. Wednesday, Dec. 30, 2009
When an Austin police officer and Travis County sheriff's deputy fatally shot a man who was threatening them with a gun early Monday, they were following department protocols precisely, police said Wednesday.
But tapes that police said will bear out that analysis will not be available to the public anytime soon. The Travis County district attorney's office said the 911 domestic disturbance calls and audio picked up by an officer's dashboard camera cannot be released because they could interfere with a required investigation into whether the officers acted appropriately.
"We don't want any of that information coming out yet because it might taint the investigation," possibly by influencing the recollections of witnesses the DA's office has yet to interview, or witnesses who may be called to testify before a grand jury, Assistant District Attorney Claire Dawson-Brown said.
The DA's office released some 911 transcripts shortly after Austin police officer Leonardo Quintana fatally shot Nathaniel Sanders II in May . But Dawson-Brown said those tapes contained only ancillary information, while the tapes in the Roger Tyrone James shooting contain "information key to the case."
Although police say protocol was followed, James' family members have said they think the shooting could have been avoided with more patience on the part of police.
Police said that just before 3 a.m., Travis County sheriff's Deputy Theodore Ramsey responded to a domestic disturbance call in South Austin expecting to back up Austin police. But he arrived first and, after ensuring the woman involved was safe outside, waited for the arrival of police, which had jurisdiction in the case, Travis County sheriff's Capt. Art Cardenas said.
Officer Justin Berry arrived several minutes later and knocked on the front door, trying to coax James out, according to police. James emerged with a pistol but then quickly went back inside, police said. Berry continued trying to persuade him to come outside, officials said. Twenty-one seconds later, James came out again and Berry told him to drop the gun, Austin Police Chief Art Acevedo said. When James began to take aim, Berry fired with his pistol and missed, according to initial reports, while Ramsey fired a shotgun blast that struck James in the chest, a wound that killed him, police said.
After James fell to the ground, Berry crouched next to him to comfort him and began performing CPR after James stopped breathing, Acevedo said.
Assistant Police Chief Patti Robinson said Tuesday that in such cases, where a suspect is thought to be armed and refusing to come out, officers call for backup and a supervisor but are responsible for controlling a scene in the meantime. If a suspect still refuses to come out, a supervisor then determines whether to call out a professional negotiator and the SWAT team.
"They called for additional backup and for a supervisor," Robinson said. "But they have to contact a suspect and ask that person to come out."
James re-emerged and was shot before the backup and supervisor arrived, Robinson said.
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12-23-09:
Austin police officers report more use of force in 2008
Increase came after department changed rules for greater documentation.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Updated: 12:19 a.m. Wednesday, Dec. 23, 2009
Austin police filed 1,152 reports saying they had used force in 2008, nearly 400 more than in the previous year, an increase that officials attribute to a policy change that requires officers to document more encounters.
The spike was spread across racial groups, although the use of force on African American saw the highest increase at 54.2 percent from 2007 to 2008, according to a report released Tuesday.
Use of force on whites increased 43.9 percent and on Hispanics, 37.9 percent.
However, Austin Police Chief Art Acevedo said the number of force encounters represented only a fraction of the 636,478 interactions officers had with residents last year, including traffic and pedestrian stops.
"I think that bodes well for officer safety and for the safety of suspects we come in contact with," Acevedo said. "It speaks volumes to the professionalism of our members and the quality of the city we live in."
The increases happened during a year in which officers had 52,862 more contacts with the public, the report said.
Police officials said in the report that they made several changes to their use of force policies in 2008 that probably contributed to the increase in force reports.
Previous policy required officers to document incidents when suspects reported "a consistent and repetitive complaint of pain beyond the initial arrest procedure."
However, officials revised the policy in June to require officers to document any complaint of pain or injury, except among suspects who report only minor discomfort from handcuffing.
The change was the result of a recommendation from the U.S. Department of Justice that suggested police report nearly all force incidents.
Police officials also said in the report that they made other reforms to their use of force policies in 2008, including assigning supervisors to investigate more minor force incidents and establishing a force review board to look into incidents that involve serious injury or death.
According to the report, force was used on 305 whites among 19,540 arrests, 255 blacks among 12,006 arrests and 313 Hispanics among 19,843 arrests.
The rate at which officers used force per 1,000 residents was 15.6 for whites, 21.3 for blacks and 15.8 for Hispanics, the report said.
Most of the force incidents happened when a person was being arrested, the report said.
Nearly 40 percent of the encounters occurred in the department's Central Bureau, which includes the Central-East, Northeast and downtown Austin patrol areas. Within that bureau, 16.3 percent of force incidents happened in the downtown area.
Nelson Linder, president of the Austin chapter of the National Association for the Advancement of Colored People, said he has heard less in recent years about officers using force on minority suspects.
"I think with Acevedo's administration, he has a much more community-based team, and I think people respect that," Linder said. "Overall, I think there has been some improvement among his officers based on how they communicate and engage."
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12-21-09:
APD says it has complied with federal recommendations
By Tony Plohetski | Monday, December 21, 2009, 12:08 PM
Austin Police Chief Art Acevedo announced Monday that the department has complied with dozens of federal recommendations to improve the agency, including how officials investigate use-of-force incidents.
Among 165 suggestions, department officials will adopt all but four and have already put most of them in place, Acevedo said. The recommendations address areas relating to officer training, internal affairs investigations and community outreach, among others.
“We, by all means, are not a perfect organization,” Acevedo said. “Human beings are imperfect. We all know that, and that is why we have to be vigilant and be accountable to make sure people are doing the right thing.”
The announcement, which followed a 50-page letter Acevedo recently sent federal officials, concludes a years-long federal review of the department. It also came nearly a year after police officials made public the list of federal recommendations.
The federal inquiry was the result of a complaint filed by the Austin NAACP chapter and the Texas Civil Rights Project, triggered, in part, by an American-Statesman series in 2004. Those articles revealed that from 1998 to 2003, police were twice as likely to use force against blacks as against whites and 25 percent more likely to use force against Hispanics than against whites.
The groups added to their complaint in February 2005 after several officers and dispatchers exchanged computer messages that included “burn baby, burn” during a fire at the Midtown Live nightclub, which catered to African-American patrons.
The Justice Department had told the city in a letter informing them of the inquiry that officials would seek “to determine whether APD is systemically violating the Constitution of the United States.”
The department could have faced more serious federal mandates, in which it would have been required to put the recommendations in place or a face a possible federal lawsuit.
Jim Harrington, director of the Texas Civil Rights Project, who attended the news conference, said he was pleased with the outcome of the inquiry. He said cities often have few opportunities when they soundly improve quality of life for residents.
“This is one of those moments,” Harrington said.
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12-21-09:
Operation Blue Santa brings Christmas to needy familes
Volunteers from the Austin Police Department, Austin Fire Department and Texas National Guard among those handing out gifts, food.
By Joshunda Sanders
AMERICAN-STATESMAN STAFF
Updated: 11:37 p.m. Saturday, Dec. 19, 2009
Like tall elves in royal blue jackets, dozens of men and women gathered Saturday morning in South Austin to deliver Christmas gifts with Operation Blue Santa, a nonprofit that has been handing out toys to low-income families since 1972.
After collecting toys for months, volunteers gathered at the Blue Santa headquarters on South Industrial Drive and two other locations to start the one-day delivery.
Members of the Texas National Guard, Austin Police Department and Austin Fire Department and hundreds of other volunteers loaded their cars before they fanned out across the city.
Before 8 a.m., Austin police officer Joe Maciel headed out in his patrol car, with Operation Blue Santa President Benny Aleman beside him. Their first stop was the South Point Village apartment complex, where they delivered a box of toys and a frozen turkey to two families.
Maciel knocked on a door and paused, wondering if the family inside might still be asleep. Lucia Morales came to the door, offering the police a sleepy "Buenos días," then a sweet "Gracias" as they placed a box of presents by her Christmas tree.
A few minutes later, Police Chief Art Acevedo stopped in with another box and wished her and her husband a merry Christmas.
In the same apartment complex, Acevedo walked over to another building and waited for Anjelica Reyes and her two children to come home from an early morning appointment. When Reyes and her children, Josua, 3, and Gabriela, 5, arrived, their faces lit up with appreciation.
"Wow, oh my gosh," Reyes said, "Thank you!"
Inside her apartment, where empty Christmas stockings adorned a wall across from the Christmas tree, it was her youngest son who smiled widely at the presence of the Santas who seemed to have forgotten their traditional suits.
"Did you see that little guy's face?" Acevedo said as he walked back to his car. "That's why we do this."
Aleman said the same thing when he and Maciel delivered another box of toys to a home on Johnny Morris Road. Maria Jaramillo said that if not for Operation Blue Santa, her two children, Estrella Rodriguez, 6, and Victor Manuel Rodriguez, 3, might not have had presents this year.
Joe Muñoz, who leads Operation Blue Santa, said this year volunteers would give toys to about 14,000 children, or about 3,500 families.
Toys are usually donated or purchased by volunteers. Organizers said they had to spend about $20,000 more of the Operation Blue Santa budget than in previous years, or about $34,000, to buy toys this year because of fewer overall donations in a sagging economy.
"We do this because it makes the kids happy," Aleman said.
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12-19-09:
Vincent: Austin police chief does not wield absolute power
Wayne Vincent, Local Contributor
Published: 6:02 p.m. Friday, Dec. 18, 2009
Recently, there has been a rather robust discussion within the community about the promotional system within our police department. On the one side are those who say the chief of police should have the absolute right to pick and choose those who deserve advancement. On the other side of the issue are those who truly understand how a civil service system is designed to prevent absolute power of police administrators from becoming a corrupting influence within the community.
Currently, Chief Art Acevedo has the ability to pick and choose his command staff made up of five assistant chiefs. They can come from any rank and be promoted to that level by the chief at his discretion. Most believe it to be reasonable that the chief have those he deems trustworthy and capable serve as his top leaders.
For the lower ranks, however, there is a highly competitive promotional process. In order to seek promotion, one has to be dedicated for months to study for the written exam and to polish interpersonal skills for the assessment centers. It is not an easy process, and to do well requires serious preparation.
Acevedo claims he wants to change the "entitlement" mentality by denying officers a promotion after they have taken all the tests and been placed on the promotional list. He is right in one aspect. The men and women of the Austin Police Department did feel entitled to a fair process free from character assassination and favoritism. With the three recent promotional bypasses, our officers no longer feel entitled to even that.
Commander Wayne Demoss was purposely humiliated publicly when the chief pulled an old, unfounded (not guilty) internal affairs investigation out of the closet and sent it to the press. A recent ruling by an independent hearing examiner confirmed that there was never any evidence to support that old case, and there was no valid reason to expel Demoss from the process in which he, in good faith, participated.
Interested community observers will soon learn that similar weak and manufactured reasons are behind the other two sergeants who were bypassed off of the lieutenant's list.
The result is that taxpayers will foot the bills for expensive court battles, which most likely will end in the promotion of all three employees Acevedo has unfairly targeted for public criticism.
Make no mistake, the Austin Police Association supports the chief's right to deny a promotion to any candidate who demonstrates an obvious deficiency. None of these cases come close to meeting that standard.
Any municipality is ill-advised to give a police chief absolute power to promote based exclusively on whom he likes, or who is the most loyal to the chief. That is why almost all large city departments have developed processes for promotion below executive positions.
These attempts to circumvent these processes are not healthy for the community or the department.
Vincent is president of the Austin Police Association.
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12-19-09:
Position sought for bypassed officer
Some on council oppose adding rank.
Tony Plohetski
AMERICAN-STATESMAN STAFF
Updated: 11:50 p.m. Friday, Dec. 18, 2009
Austin Police Chief Art Acevedo said Friday that he will ask City Council members to create a high-ranking position in the department for an officer he bypassed for a promotion but who was awarded the job on appeal.
That is one of the options Acevedo could pursue to comply with a ruling this week that he must promote Lt. Wayne Demoss to the rank of commander.
According to state law, Acevedo also could temporarily demote the commander he promoted instead of Demoss - a process that Acevedo said would create a "disadvantage" for that officer.
"He is already in a place where he is in an operational role," said Acevedo, who declined to promote Demoss in June amid prostitution allegations, among other concerns. "This is the only option we want to take."
Officials said the demotion also could trickle through the department, requiring several more officers to temporarily return to their former jobs until new vacancies arise.
Two council members on Friday said that they are unsure they would support the proposal to have 20 commander positions instead of 19.
"I might come to that, but I'm not ready to leap to that," Mayor Lee Leffingwell said.
Council Member Mike Martinez said he will listen to Acevedo's proposal but is likely to support a measure to temporarily demote Cmdr. Patrick Ockletree until the retirement of another commander, which officials said probably would occur in the spring.
"Just because Demoss won his appeal doesn't mean you justify creating another position because your decision was overturned by an arbitrator," Martinez said.
The discussions come the same week that arbitrator Norman Bennett ruled that Demoss is entitled to a position as a commander, the department's highest nonappointed rank.
State law allows police chiefs to bypass officers for promotions but requires them to have a valid reason.
Bennett said in a written ruling that several concerns Acevedo raised were not "adequate to serve as a basis for the bypass."
Acevedo cited prostitution allegations against Demoss during a trip Demoss took to Panama while on vacation a few years ago. In his ruling, Bennett wrote that Demoss' supervisors correctly concluded the prostitution allegations were "unfounded."Acevedo also said he was withholding Demoss' promotion because of his failure to recognize City Manager Marc Ott at an event this year. Demoss was not disciplined in either incident.
Acevedo instead promoted Ockletree, who was next on an eligibility list.
Acevedo has since bypassed two sergeants for promotions, both of whom are appealing.
Police union officials have objected to Acevedo's bypass practice - it has been rare for Austin chiefs to withhold promotions - saying that his actions weren't justified.
"This is a huge mess, and this is one of the reasons bypasses shouldn't be used on a routine basis," said attorney Tom Stribling, who represented Demoss.
According to state civil service experts, Acevedo can only legally demote Ockletree for disciplinary reasons or if he conducts a "force reduction."
For Acevedo to reduce the number of commanders, they said, City Council members must still create another position for Demoss in order to comply with state law.
If they create another position, city officials could then decrease the number of commanders through a force reduction, allowing Acevedo to legally demote Ockletree, they said.
State law would require Ockletree to be placed on a list for reinstatement. He would be eligible for promotion when another commander leaves the department.
"It is an `insufficient number of positions' demotion," said San Antonio attorney and state civil service law expert Lowell Denton, who has been hired by the city to help negotiate police contracts.
However, experts said the City Council could support Acevedo's proposal and permanently raise the number of commanders to allow Ockletree to remain in his job.
Sgt. Wayne Vincent, president of the Austin Police Association, said the discussions demonstrate why Acevedo should use bypasses only sparingly. "This is what you get into when it's not well thought out," he said.
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