Two views of the same night

City council will look at tape today of altercation between police and family

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A family’s claim that officers brutalized them didn’t jibe with video recordings of the April incident, a police investigation found.

An internal investigation cleared officers Gary Melson, James Grason, Joseph Felan and Cadet Steven Lang of charges they used excessive force.

In June, a grand jury rejected charges Victor Cano, his sister Dalhia Villarreal and their father Santos Cano attacked the four officers.

Police plan to press charges against the family in municipal court, Police Chief Bruce Ure said.

Juanita Cano said her family did not want to comment on the in-car recordings because they didn’t accurately show what happened. The City Council is scheduled to review the videos at tonight’s 5 p.m. meeting.

Police came to Santos and Juanita Cano’s home on the 3000 block of Callis Street on April 11. Victor Cano, 44, and his parents had been attacked by three men, they said.

The videos show portions of the confrontation, although lighting is poor throughout the most revealing part of the tape.

At the start of one tape, paramedics treat Victor Cano for injuries and police question family members.

This is where the inconsistencies begin, according to an investigation memo prepared by Detective Jason Turner.

“The officers at the scene are accused of not following up on the initial complaint,” Turner wrote. “They are said to have made no effort to locate the offenders or take a statement.”

The officers on the video say they won’t talk to Villarreal’s daughter about rumors she heard in school predicting the attack.

“There’s enough adults out there, it was unnecessary to interview a small child,” Ure said. “Now you can hear the lady starting to scream. Then again – she’s just agitating – she’s just hollering, it’s inciting the crowd. The ambulance leaves, and it becomes a much more dangerous scene since there’s so little lighting.”

Written statements by family members also say the fighting began while paramedics treated Cano. The tape shows the scene quickly devolving once the ambulance leaves.

Dim lighting makes it difficult to see exactly what happened amid a knot of people.

Some things are clear, though, said James Martinez, director of Victoria College’s Police Academy.

“I see nothing grossly negligent,” Martinez said. “You have a volatile situation you’re trying to maintain control of.”

According to use of force reports, officers used Tasers and batons to restrain Santos Cano and a Taser to subdue Morris Valentine, a neighbor. Police used the right amount of force to get everyone under control, Ure said.

“I believe the officers responded with the appropriate level of control and force,” Ure said. “I believe they also exercised incredible restraint.”

There’s no textbook answer to how officers should respond in chaotic situations, said Martinez, who was a Victoria officer for more than a decade.

“What goes through your mind like this would fill volumes,” he said. Bystanders running toward the area are the most troubling thing Martinez noticed in the tape, he said, and that likely put the officers on guard.

“You don’t know who they are. You don’t know if they’ve got a weapon and you don’t know what their intentions are,” he said.

Ure did criticize Melson for cursing at Villarreal and calling her stupid.

“Keep in mind, he’s been kicked,” Ure said. “That’s not an excuse, but he corrected himself. He called her a name and that is inappropriate. That’s something we have improved on since this point.”

A witness verified officer’s stories Monday. Villarreal started the scuffle, Mary Ann Alvarez said.

“It was crazy,” said Alvarez, 45, who owns a house nearby. The Canos told police Alvarez caused the original assault.

But Ure said he thinks Alvarez is a credible witness.

“It’s not because she supports what police said,” he said. “We believe she’s credible because her statement is corroborated by the video.”

Leslie Wilber is a reporter for the Victoria Advocate. Contact her at 361-580-6521 or e-mail her at lwilber@vicad.com or comment on this story at www.VictoriaAdvocate.com.



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Comments

  • Well I Think if the officer giving us the play by play action on the viedo tape would shut up, and let us hear and see the viedo. Maybe we can really hear what happen!

    August 13, 2008 at 10:25 p.m.
  • It is so easy for each of us to sit back and arm chair quarterback the actions of those involved from both sides. My question to all is How many of you have had a family dispute that even required the police to be called? and How many of you are willing to lose your life trying to resolve a family dispute in which you aren't even related to that family? If you answer Never to the first question and Not Me to the next than how can any of us even clearly understand what went on? The actions of the family were clearly immature and disturbing the peace, the officers did what they had to do to not only resolve the situation, but to go home to their families. Just ask any family of an officer who lost their life by going into a similar situation, they would probably rather have people bashing their loved one publicly for their actions than to have them 6 ft under because they were so concerned about lawsuits, what the public might think, and what trouble they might get in because of their actions that they didn't use force to stop it and they lost their lives.

    July 31, 2008 at 9:18 p.m.
  • Oh please, yourself, rodeo. The officers involved that night testified in front of the Grand Jury, yet the Grand Jury could not indict. I saw the video. Nothing is "clear" like Ure states. I am not quick to assume anything. In fact, I support law enforcement (including VPD) 100%. I just want them to do their job the right way.

    July 30, 2008 at 7:06 p.m.
  • I don't understand why the family was not charged, poked, prodded, etc. and jailed. What pigs. Why doesn't the public boycott their house. Just stand in the street face, them, turn around and publically shun them. Hah.

    Stupid fits.

    July 30, 2008 at 1:13 p.m.
  • Oh Please. "Makes you wonder what "really" happened." You people are so quick to assume that the Police had some wrongdoing in every scenerio. With the lack of support no wonder they're having a hard time keeping officers here.

    July 30, 2008 at 9:42 a.m.
  • I don't "clearly" see any officers being kicked or hit in the head as Chief Ure claims on the video. Viewing the whole video would have been nice without the narration of Ure and his take on the situation. Don't forget, two separate Grand Juries (that would be 24 people) indicted this man for perjury. And yet we are supposed to believe him and "clearly" see what is taking place in the video. A Grand Jury certainly didn't. Don't for a minute think this video was the only evidence presented to those people. I'm sure the officers on the scene also testified. Makes you wonder what "really" happened.

    July 30, 2008 at 7:44 a.m.
  • podunk, It doesn't surprise me that you are here to bash the cops as you always do. Seems everytime there has been a story on the police (this one or the rift or the indictments) you are one of the first to speak your two cents. I for one am not on the side of police very often, however, if you want to make a difference, do so publicly. You gripe about that Sergeant on here and from what you write, you apparently saw him treating someone in a manner that was unacceptable. Instead of calling his superiors, you are here in a meaningless forum raising hell. Someone told you to go to city council meetings and speak up. Why don't you? Is it b/c the computer hides you. If you believe in what you say, stand up for it. And that doesn't mean on here. Make your voice heard. You want to criticize the cops, go be one for a week. Walk in their shoes. You wouldn't make a wart on a good cops a&&. HEB has cheese on sale to go with your whine.....

    July 29, 2008 at 7:08 p.m.
  • At least no one got the concussion grenade thingie.

    July 29, 2008 at 4:37 p.m.
  • man i love the cano family!! what great citizens they are! too bad the cops didn't use the good ole tazer gun on them. i hope they take SICKANDTIRED's advice and NEVER, NEVER reproduce again.

    July 29, 2008 at 3:05 p.m.
  • I'd have to agree with Johnnie on the "cop stopping speeders" direspectful thing. I got stopped this past Saturday and the hyway patrolman gave me a warning. This makes the last six (6) times I got stopped I got a warning only! (picture me knocking on wood!!)
    The last time I took Defensive Driving, for insurance reduction only (no ticket removal), the instructor said when you get stopped roll down your tinted window, place both hands on the steering wheel, and wait for the officers instructions. This, obviously, is to show you are not branishing a weapon which I'm sure puts the cop at ease. I truly believe this action has helped greatly in me not getting tickets the last six (6) times I got stopped. (again knocking on wood!) At least four (4) of those times I was speeding well over (15-20 mph) the posted limit.

    July 29, 2008 at 3:04 p.m.
  • come on be nice

    July 29, 2008 at 1:54 p.m.
  • Amen to you Johnny - awesome comment - we all need to do better in supporting our law enforcement personnel - I am glad someone chooses to do it (because I sure don’t want to). Thanks to DPS, Sheriff Personnel and VPD - I really do appreciate the work you do (and I have had my share of tickets, fines, arrests - all due to my own stupidity).

    July 29, 2008 at 1:31 p.m.
  • I love when people try to discredit an officer's character with no factual basis, only personal experience.
    The man does his job, and for that, he and everyone else that wears a badge are "unsympathetic, show no empathy or maleability". From what I've seen, when someone shows discontent toward anyone in law enforcement, typically it's because they've been in trouble at some point in their past, and from that moment on, everyone in law enforcement is crooked, on power trips, mistreated as a child or outcasts at school... it's comical to hear what people will come up with to blame officers, due to their own mistakes.
    I commend anyone in law enforcement, and those who are just entering, espcially with the political circus that has taken place lateley in Victoria. Officers get to deal with all races from all backgrounds & all walks of life. More often than not, the scum that we don't see while being protected within the walls of our home.
    Here's another scenario, Podunk. The guy is driving 80, the officer witnesses it but doesn't pull him over to avoid looking like the "#$@hole" because "it happens EVERY SINGLE DAY", and the guy causes a serious wreck which causes loss of life.
    Who's the "#$@hole" then?

    July 29, 2008 at 12:54 p.m.
  • Frankly, it 'appears' that the people,not the officers, were in the wrong. HOWEVER, I don't like the fact that the video was edited with voice overs by Ure. It was hard enough to peer over his shoulder at the action and worse to hear any conversation that may have taken place during the disturbance.

    That the Grand Jury refused to issue warrants makes one wonder if there is something more to the family's side.

    Once things got so far out of control, I can see where the officers might have feared for their lives as they were clearly outnumbered and I understand their need to defend themselves. But I didn't or couldn't see what started it all.

    Two views is right. I can see both sides with this video of a video. Perhaps seeing what the Grand Jury saw would help settle things for the rest of us.

    July 29, 2008 at 12:47 p.m.
  • Police forces have always been reactionary. Fast response times definitely increase the public's confidence in a police force as does competency to handle the situation once they arrive.
    That said, the public, especially those with a criminal element, don't respect the law they way they used to.
    20 or 30 years ago you would never have seen a responding officer taken down by a person and then get beat on.

    July 29, 2008 at 12:46 p.m.
  • No one really knows what happened except for the police and the Cano family. But, the police need to be better trained in handling this type of situation. In my opinion, our police force today have changed their theory on what is an important crime. All situations should be handled correctly and promptly. Society today has no fear in hurting individuals quickly. The offenders know that the police will not get there on time to stop the situation. So many people are getting hurt because society are taking matters in their own hands because of the lack of concern of our police department.

    July 29, 2008 at 12:40 p.m.
  • All I have to say about this is that family better be glad they were only using stun guns. If it were me, the nine mil would of been a ringing and a smoking!

    July 29, 2008 at 12:35 p.m.
  • The only people apparently using excessive force in this video were the Canos and others involved in the scuffle.
    In my opinion, the police didn't use enough force, expecially early on, to keep the situation from escalating.
    How a grand jury couldn't indict for assault when the video shows that guy kicking an office when he is down is beyond me. The only question I would have as a member of the grand jury is the video doesn't clearly show who the kicker is.
    Would have liked to see the video without edits.

    July 29, 2008 at 12:30 p.m.
  • The kids were already alone for hours. Don't tell me Daddy-o had no cell phone to check in with them.
    We'll never know the "whole" story, will we?
    I love it... "It is the cop's fault that I got delayed from speeding." Gimme a break.

    July 29, 2008 at 11:49 a.m.
  • OMG,I just got done watching the video.I can not believe that this family had the nerve to play the "Victims" of this brawl that there own family caused.I mean did it really hurt this woman by the words that the officer used or was it just enough to piss her off because she felt belittled and is crying wolf and trying to blame the VPD for their own families stupid actions.
    Now,if I was an officer that was kicked and punched by a family that I came to help on an emergency call I couldn't promise you that I could hold all my words in either.I mean It's not like he called her a "Stupid Bitch",he simply stated that what she caused was some "Stupid Shit" (which is true)so I don't see that in anyway disrespectful in the circumstances this officer was put in by this family that wants sympathy for who knows what..
    I hope this CANO family was charged with assault on a officer on more then one count.

    July 29, 2008 at 11 a.m.
  • Oh please... stupid to speed if you cannot afford getting stopped.

    July 29, 2008 at 10:56 a.m.
  • Let me tell you one thing, about our police department is not all that. We just had an something happen. I was having major surgery in San Antonio, our sitter who was to stay with our small children, ended up leaving our kids alone. My husband left me right after recovery, and headed home of course speeding....and got stop short of being home..explained to the officer what was going on...My husband who has not had a drink in over 5 year, was accused of having an open container, there was no open container. my husband explained to him about the kids...he didn't care all he wanted was to search the car and smell his gatorate he was drinking...didn't even bother to ask I can send an officer there to see if the kids are all right..and no we have no other family to help watch.

    July 29, 2008 at 10:39 a.m.
  • Those civilians need to be charged with a crime. I hope that will happen. Good job to the police here. No wonder we have a shortage of police offices when they are expected to be courteous to savages.

    July 29, 2008 at 9:34 a.m.
  • I challenge any one of you to not say a cuss word after you have just been kicked, yelled at, and hit in the back of the head from behind. I think the officer showed amazing restraint.

    July 29, 2008 at 9:20 a.m.
  • Good job to this family who not so long ago whined and played the innocent victim. Now we see a portion of what happened and seems like we know who the liars are now. Note to family, please don't reproduce. As for the officer cussing, I get mad and cuss just like anyone else. He is no different b/c he is a cop. In this type of situation, I see no problem with it.

    July 29, 2008 at 9:14 a.m.
  • They should all be charged with assaulting an officer of the law regardless of age,race or orientation. They(officers) are here to protect and serve our community and thats exactly what they were doing.

    July 29, 2008 at 8:40 a.m.
  • From the video and audio, one thing is clear... this was a highly charged situation that could have ended up much worse. For both sides. I don't think it was right for the officer to have said a cuss word to the woman he was arresting, and should not have called her stupid. However I can understand why he did. He should have set a higher standard though. Other than that, I do not see any wrong doing by VPD

    July 29, 2008 at 7:03 a.m.
  • I never heard the officer call her stupid. I heard him say he couldn't believe she started all that stupid shit. Hey, they allowed it to be said it in the video.

    Also, if I were the cops I would press charges against them for assault...unless they just want to make it all go away for some reason.

    Cops here don't put up with that shiz. They would have been either dead or mortally wounded.

    July 29, 2008 at 1:31 a.m.
  • Lol @ Pilot:)

    July 28, 2008 at 11:37 p.m.