What DA Steve Tyler wrote on rejected reports
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What is the source of the rift between law enforcement and the Victoria County District Attorney?
One reason police cited when the rift became public last year: District Attorney Stephen Tyler disrespected officers in reports explaining why he rejected their cases.
A five-day analysis of reports showed that the district attorney’s office is largely direct with, but not derogatory toward, officers and victims.
Of the 615 reports, which the district attorney’s office released to the Advocate 10 days ago, none were deemed blatantly unprofessional.
Most involved in the rift will not talk about the reports analysis, however. Tensions between the police and the DA’s office remain higher than ever, according to many observers.
Tyler said the criminal justice system, by its nature, can be a bit adversarial.
“The average guy who might take offense to the reports wasn’t the guy who took it public,” Tyler said Saturday.
Amid a highly publicized rift between Tyler and law enforcement that erupted last year, former City Attorney David Smith and Victoria Police Chief Bruce Ure said then that these case-decline reports often degrade officers, disrespect victims and were often unjustified.
Ure declined comment. Smith was unavailable on Saturday night.
DeWitt County District Attorney Michael Sheppard talked about the reports – a number of which were read to him – on Saturday. “I think the reports are straightforward,” Sheppard said.
The Advocate rated the reports based on how a reasonable and prudent reader might. All are posted online for public review.
These reports detail reasons why, and the manner in which, the district attorney’s office declined cases from January to August 2007.
Tyler and law enforcement publicly feuded about the number of cases the office declines to prosecute.
The Advocate could not measure whether a case’s declining was warranted – an officer’s police work was not contained in the reports, for example.
However, the newspaper did find 18 reports containing questionable remarks.
To be deemed questionable, the reports contain remarks that appear harmless – but also might be viewed as unprofessional by others.
These 18 case-decline reports represent 3 percent of all such reports.
“PLEASE READ THE PENAL CODE!” Tyler wrote after describing how a burglary charge requires intent to commit theft, assault or another felony.
Tyler wrote that emphatic request on multiple reports.
“How about canvassing the bar for witnesses and obtaining statements?” Tyler wrote on another case report, which he declined to prosecute because an officer filed an incorrect charge, his notes suggest.
It’s these types of statements, though, that infuriate some in law enforcement.
Sheppard said the questionable reports indicate frustration from Tyler.
“It doesn’t strike me as out of line at all. Prosecutors have to point out problems in the case to law enforcement,” Sheppard said. “If he’s repeatedly having to point out the same problems, at some point you’re going to say, ‘Please read the penal code.’”
The analysis of all the reports showed that as Tyler’s first year in office progressed, the frequency of questionable reports increased.
Sheppard said he understands frustrations about declined cases from both sides. Lawyers and officers work under different standards.
Laura Weiser, a Victoria County court-at-law judge and a former prosecutor, talked about those standards.
“Police use probable cause. Lawyers have to prove a crime beyond a reasonable doubt – a very different and much higher standard,” Weiser said.
Weiser wrote a letter in December pleading for both sides in the rift to come together.
Weiser wrote that she’d been forced to release inmates from jail because the rift – and a disagreement about the case intake process – caused the justice system to grind to a relative standstill.
As for the case-decline reports, she deems them OK.
“Could some of them been phrased better? Maybe. Again, I don’t see a problem with them,” she said.
The Advocate, meanwhile, received the reports after a nine-month court battle to obtain them.
In early August 2007, at the height of the rift, the Advocate submitted an open records request for the documents. Tyler denied the request.
Later, the Texas Attorney General’s office deemed the reports public.
Tyler filed suit against the ruling and lost.
Assistant District Attorney Michael Kelly, who compiled the reports for the Advocate, hand-delivered a box of more than 1,000 documents to the newspaper.
Also contained in the box were e-mails and letters to and from the district attorney and law enforcement, as well as other memos.
Victoria County Judge Don Pozzi declined to comment about the reports and the rift, saying that he is an outsider to it all.
“I want everyone to get along and to do their job as it’s supposed to be done for the protection of the public,” Pozzi said.
Gabe Semenza is Public Service Editor for the Victoria Advocate. Contact him at 361-580-6519 or gsemenza@vicad.com or comment on this story at www.VictoriaAdvocate.com.
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Comments
Digital? Were you agreeing with me? Or just letting us know about the former DA and the other wannabees? Hard to imagine anyone being more arrogant than Tyler, but I'll take your word on Henderson. Could he have played the media any worse?
May 27, 2008 at 7:44 p.m.Again, this is too much. I agreed we should have let Tyler take a pass of the stink he made last fall, if, and only if he got back to work. Did he? Or did he continue he one man war on the establishment? Only time will tell how this plays out.....
Angel: You're probably right. The only inside source tells me what I've witnessed on these forums. Tyler is competent DA with an arrogant attitude, a righteous bearing, and piss poor judgment when it comes to dealing with people. And the press. Makes a fella wonder how he got elected. Was Eaves worse? Henderson? Branch?
May 27, 2008 at 5:11 p.m. I say give some else a shot next time, but play out the hand we're holding for now. It may get entertaining. Or sickening.
Anybody seen Popeye today? I'm starting to worry.....
The funny thing is, most people commenting on this article really have no idea what is going on but only what they read in the paper.
Fact is probably 95% of both agencies just want to get along and for things to run smoothly. They are good hard working people just like you and me. Sometimes it's the few higher ups that have to make the difficult decisions and stand up for what their departments represent and for what they are doing.
There may be wrong on both sides...but unless you know the whole story, stop pretending to have any clue what you're talking about. Stop bashing entire groups of people that you don't know.
I have read comments from people basing both sides that I know aren't true and it just illustrates the ignorance and arrogance of people in this town.
May 27, 2008 at 1:33 p.m.RG...how is Tyler "bullying" the Advocate? By issuing a subpoena to one of its reporters? Obviously, the grand jury is investigating a criminal matter. Subpoenas are standard procedure. I imagine Mr. Semenza was only one witness out of many to be issued a subpoena to appear before the grand jury. It's only because he is a reporter that it became "big news".
The Advocate, for some reason, decided to exploit the whole matter. Front page headlines proclaimed the subpoena was "harassment and intimidation". That's the power of the press.
But, remember...when the issue was was brought before the court, the Advocate had no evidence. The judge told them bluntly that a subpoena, in and by itself, is NOT harassment or intimidation.
May 27, 2008 at 12:42 p.m.RG: I wouldn't put his all on Tyler alone. Seems that the voters in the last election voted for the guy who put out the most billboards/spent the most money. Will we never learn.....
After last week's pay raise issue, we need to send Ure's bosses to the retirement home as well.
May 27, 2008 at 12:03 p.m.The horrifying irony here is that Tyler was voted in!! By us!! We also vote in the people who run the City of Victoria and who decides on the salaries and budgets for the VPD. Tyler is bullying the Advocate who has exposed his refusal to prosecute certain cases. Tyler has been caught with his fly open, and is now trying to save face by poking a good portion of the blame over at the VPD, who are any better than him. VOTE THEM OUT!!
May 27, 2008 at 11:59 a.m.Bruce Ure is just as much a part of this story as Tyler. The more I read, the more I'm beginning to think that both parties involved need to step down. VPD and the DA's office seem to be in dire need of a good housecleaning !
May 27, 2008 at 11:08 a.m.STXGuy,true,so true but that was their exact words.The VPD gets the reports first and then they go to the DA.The run around is all I'm getting from both sides.
May 27, 2008 at 10:39 a.m.Darlins,I forgot to add that the Investigations unit(woman whom answers the phone)had No idea whom was on his case and I still don't know.I just don't what to think anymore about all this.Everything seems to be put on hold.
JMO - a family member of mine was a victim of a crime in 2007. The case is still in the hands of the investigator, who, when the case is in their opinion, complete, will turn it over to the DA's office. From there it is reviewed by the DA and accepted or rejected...... I'm still waiting.... it's frustrating, I know, but an investigator worth their salt does a through job so the case is accepted.
May 27, 2008 at 10:15 a.m.jmo...you stated "VPD has me call the DA's office to see what information I can get because VPD let me know that the DA gets the cases before they do".
I'm not doubting that you were told that, but I didn't think that is the way it works. The DA gets the case BEFORE the VPD????
May 27, 2008 at 9:52 a.m.Sounds like time for some major league house cleaning. Get rid of the whole lot of them. The lazy, lackadaisical, the arrogant--all.
May 27, 2008 at 9:45 a.m.rg201508,I agree.I have a family member whom has a drug problem and that was caught and charged with possession of cocaine in mid October of last year.I paid a high bond(was not happy about that) and ever since that have been given the run around from both parties and the bondsmen seems to be lost as well due to all this crap that's going on.I've called the VPD investigations department numerous times to see where the case is going.Investigations told me that his case has yet to be taken due to the "controversy between the VPD and the DA's office"(exact words).VPD has me call the DA's office to see what information I can get because VPD let me know that the DA gets the cases before they do.So,I call the DA's office and I get the run around from them to and was then directed to the JP judge that arraigned him and they were at a loss of words as well.This family member needs rehabilitation and we can't send him on his own for he is an adult and the judge would have to be the one to order rehab for him.I need help for I am stuck between dumb and dumber.Either they need to charge him and get him help or give me my money back that I put up on that bond.Frustrating.
May 27, 2008 at 9:40 a.m.RG: Pretty good point. But now that "shots have fired", it will be tough to get the various departments working together again. I would put this initial blame on Tyler for making a public declaration of his feelings towards the VPD. And VSO to a lesser degree.
As we find, public officials are not terribly forgiving of each other once lines have been crossed. O'Connor, Ure, Smith, and Tyler are all to blame for being small men who carry grudges beyond what is in the public's interest. We could hope for better from our elected officials (O'Connor, Tyler), and should demand better from the ones we hire. Or their bosses (City Council). Best we throw all these bums out in the next election, Sheriff, DA, and the City Council majority (I give Hagan a pass for his recent stands).
Of course, we can be petty as well. Apparently some in this community won't let this story die until blood has been drawn. Regardless of the cost (in $$$), or in safety of the public.
May 27, 2008 at 8:45 a.m.This is riddiculus. While criminals are being released because of failure to prosecute, these idiots are fighting like dogs in a back alley. The police department won't investigate enough, the DA won't prosecute because there isn't enough evidence or legal basis. If you ask me, both of these dimwits are at fault and need to be replaced with people who will actually work together for the good of our town.
May 27, 2008 at 8:34 a.m.It was related to the topic. You want the VA to check into Ure past than ask them to. This is about how our so called DA rejected cases, and said Rat lips, had nothing to do with any of the cases! Get It He lied! The answers are there in black bold letters!
May 27, 2008 at 8:22 a.m.texasmom...I find it interesting that you did not chastise the poster who, yesterday, posted unsubstantiated, unrelated to the topic at hand, accusations against the DA. That posting was removed by the Advocate, but I don't seem to remember you saying anything about it being off topic.
I do beleive my posting about Bruce Ure is legitimate to this forum. He is the head of the department which is directly involved in these reports.
May 27, 2008 at 8:03 a.m.Lets not get off the topic here. This is not about our Police Chief. Its about Tyler and all his lies!
May 27, 2008 at 7:50 a.m.So...Police Chief Bruce Ure was fired from a previous position, huh? Was that information made available to the citizens of Victoria when he was hired to head our police department?
Wasn't Will Armstrong mayor of Victoria at the time Ure was hired? The same Will Armstrong that voted to keep David Atmar Smith on the city payroll even after his unsubstantiated charges against the DA? As city attorney, Smith was the man behind the scenes in the VPD/DA rift.
All of this is becoming clearer now. The release of these reports has opened up a Pandora's box of surprises.
May 27, 2008 at 7:05 a.m.In East Texas we had the same sort of argument, SheriffÂ’s Department and the DAÂ’s office, County Constables, Justice of the Peace and County JudgeÂ…. The whole county in an uproar. A few Trial and Removal suites. One who should have been and one that was a set up. Not pretty at allÂ…
I really didn’t like being in the witness box… just happened to be eating breakfast one morning with the “nights of the round table” every town has one, solving world problems… then we were listening to things that should have not been talked about… Law enforcement should not discuss investigations with the public… but when you “have the goods” on a political advisory it is hard not to brag for some folks. Next thing I know… “raise your right hand”….
After a lot of tax payer money spent, neither were permanently removed from office.
All goes back to the voting box and doing our home work on who we elect. “WE the People” plan every detail of a two week vacation but only read the headlines when electing folks to public office.
Thank all of you for making me feel “Right at Home” in Victoria. Please don’t take that as negative. Folks who live in Small towns look to larger cities as having “better educated, not so redneck” folks living in them. I fit right in around here…
May 27, 2008 at 12:07 a.m.Really...I thought they won?!? Oh wait thats the South!!!!
May 26, 2008 at 10:59 p.m.G'night!!!
May 26, 2008 at 10:45 p.m.OMG JMO...I just thought of this...there is going to be a CD release party on 202 Navarro downtown SA Saturday night...you need to go!!!!
May 26, 2008 at 10:44 p.m.justmyopinion31---thanks for the reminder...gotta go bring in the flag!!
VBB--have one for me, I gotta go to bed.
May 26, 2008 at 10:43 p.m.can you tell i'm a tad inebriated?!?
May 26, 2008 at 10:41 p.m.U2 JMO....have a wonderful time in SA!!!!!
May 26, 2008 at 10:40 p.m.EXACTLY! You win--go to bed!! LOL
May 26, 2008 at 10:40 p.m.Whodoneit...please follow along....it was PER......doesn't mean he made the decision....INS made the decision...he was just passing it along.
May 26, 2008 at 10:40 p.m.Sorry to go way off topic but Happy Memorial Day to you All.
May 26, 2008 at 10:38 p.m.Ragman....Caine mutiny???? LOL
May 26, 2008 at 10:38 p.m.What happened to sticking to the topic? What about the comments on the rejected reports? Why was Michael Ratclif reviewing and declining cases? Was Ratcliff an ADA AND an Office Manager? Can The Advocate get to the bottom of this?
May 26, 2008 at 10:37 p.m.I meant you instead of use.....excuse me my hillybilly is hanging out....let me tuck it back in.....
May 26, 2008 at 10:25 p.m.Ahh, but the strawberries that's... that's where I had them. They laughed at me and made jokes but I proved beyond the shadow of a doubt and with... geometric logic... that a duplicate key to the wardroom icebox DID exist, and I'd have produced that key if they hadn't of pulled the Caine out of action. I, I, I know now they were only trying to protect some fellow officers...............
May 26, 2008 at 10:25 p.m. Mr. Maryk, you may tell the crew for me that there are four ways of doing things aboard my ship: The right way, the wrong way, the Navy way, and my way. They do things my way, and we'll get along.
I didn't say use had to have a card...you stated you did not use the library anymore....the computers are in the library. It's all about the details.
May 26, 2008 at 10:23 p.m.hmmmmm....in a previous post you stated you were using the city library computer cu you didn't have internet. I guess whatever is convenient for you.
May 26, 2008 at 9:48 p.m.You need a Victoria Library card number. Their web site, click on databases and then go to NewsBank. Log in with your library card number and then search all Texas newspapers.
May 26, 2008 at 9:29 p.m.http://infoweb.newsbank.com/iw-search...
May 26, 2008 at 9:24 p.m.If you will permit me, this is a cut-and-paste from the NewsBank search on a Houston Chronicle article:
May 26, 2008 at 9:22 p.m."Webster 's former fire chief seeks back pay, reinstatement Houston Chronicle - September 15, 2001 Author: BILL MURPHY, Staff
Former Webster Fire Chief Bruce Ure - fired in January by then-public safety director Michael Keller - filed a wrongful-termination lawsuit against Keller and the city of Webster on Friday. Ure is seeking immediate reinstatement to his post and back pay. Ure was also a Webster police officer, and Keller violated a state code by firing a police officer without providing him with a written copy of the reasons long before, the suit says. Keller terminated him, Ure said, because he was embittered about Ure 's decision to apply for the police chief's job after Keller was fired last year. Keller was rehired about two months later. In a January memo, Keller said Ure used city copiers and other equipment to run his private business; fired a volunteer firefighter without the authority to do so; used his city cell phone for personal calls; and made flight reservations to a National Fire Academy event after being told not to attend." The lawsuit is based on his alleged failure to notify Ure of complaints about his police work, Keller said, adding that Ure was fired solely for his actions as fire chief. Keller said City Manager Frank Simpson upheld his firing of Ure . Ure denied using city equipment to run a private business and wrongly firing a volunteer firefighter. He admitted making $20 worth of personal calls on his city cell phone, but said he later paid for them. He said he made flight reservations to the National Fire Academy event for extenuating reasons.
I searched a newspaper database - don't have a direct web site. There was also an article later that year where Ure filed a civil suit for his job and back-pay. It was also in 2001 that Ure started working for Friendswood as a patrolman. I suggest you go to the Victoria Public Library website and use their database search, and look at the newspapers throughout Texas. It's pretty interesting on what you can find out about him. But then, almost in your own words, you have no interest in Ure or the City.
May 26, 2008 at 9:15 p.m.digitil..whatever. Well said. Although you may run a close second to Popeye in length of post. At least you had something to say, unlike other posts of late.
Sleep well.
May 26, 2008 at 7:40 p.m.dig...to paraphrase texasmom..."digalitdper, damn your good"
May 26, 2008 at 7:16 p.m.whodoneit - I am the one that said Ure was fired before, but I do not know the reason. According to a Houston Chronicle article from 2001 Ure was fired from Webster, Texas in January of 2001.
May 26, 2008 at 6:48 p.m.Scott be Sailor himself.
May 26, 2008 at 5:59 p.m.Damn, sailor your good!
May 26, 2008 at 5:27 p.m.Per Mr. Ratcliff......I don't think they would set him free THEN attempt to deport. I would think they would turn him over to INS for deportation. But then again that would be the LOGICAL thing to do & it doesn't seem to be any of that to spare around here.
As for him making the decision....maybe he was the one who set up the deportation & so when this case came up for review he was the one who had the answer. I often times am quoted at work for assigning/answering something but thats just because I am the one with the info, not because I am the one who actually decides. Once again you have me defending someone I am not....just looking at the other side of the coin.
May 26, 2008 at 5:02 p.m.No it said Ratcliff said the guy was going to be deported so there was no case. It's not like he declined the case & was putting him back on the street, there is a difference. I am glad they deported the guy instead of making the tax payer foot the bill for him to lounge around in jail.
Good grief, now you have me defending Ratcliff too. Who btw, has still not been convicted of anything!
May 26, 2008 at 4:36 p.m.An accusation has been made that could be slanderous concerning the Victoria City Chief of Police. I believe it was SouthTexas who stated that the Chief of Police, Bruce Ure was "fired for incompetence" from a past position. If Chief Ure was fired in the past from some position, in another city, who has this information and where is it? If it is true then I presume it is public record. If it isn't true and I hope that it isn't, then the pro Tyler group should retract the misinformation, immediately.
As I sit here and post behind my alias, I must say that it takes a great amount of intestinal fortitude to put one's self out in the public with your real name and face as has CG23Sailor. Although I must admit that I find Hanson, CG23Sailor very verbose, I continue to see his gut-passion on this topic. CG23Sailor appears to be truly convinced of some wrong doing(s) of or by District Attorney Steve Tyler. Either G23Sailor is a liar and a lunatic or there is validity to his position. I BELIEVE Hanson is very passionate, credible and on to something. Although, I am just Average Joe Citizen, not schooled in Law or Penal codes, and after reading EVERY ONE of those pdf files there is something that I read and that I consider questionable and it concerns Michael Ratcliff and his position in the DA's office. Readers can search out that info among the horrendous number of files for themselves and decide for themselves. According to past Advocate quotes of District Attorney Tyler, Michael Ratcliff was his "Office Manager”, nothing more. Hummm! What I read would imply different.
Time will tell and the remainder of 1000's of pieces of info are still forthcoming per the Advocate. I am not PRO Tyler or Pro Sailor. I am Pro "Getting to the Bottom of the Truth."
May 26, 2008 at 3:58 p.m.We've deleted the personal and unsubstantiated attack on an individual and the various responses to the original post. Please observe our forum guidelines, or we will be forced to ban you from the site.
If you have evidence of any actual wrongdoing, contact me at 361-574-1271 or by e-mail at ccobler@vicad.com.
May 26, 2008 at 3:18 p.m.If you can't see the corrolation between Tyler & Smith & LE then you are blind. I can say what I will about Tyler, Smith & LE because I am not actively trying to oust anyone so the hypocrite label doesn't really apply. You are the one who is trying to come off as credable. I also don't run off crying to daddy when I feel like I am being picked on....I am a big girl & I can hold my own thank you.
May 26, 2008 at 3:05 p.m.That has sooooo many possibilities for a response, VBB, but *I'm* not gonna touch it...
E
May 26, 2008 at 2:40 p.m.read the last post quickly as I know it will be deleted
May 26, 2008 at 2:18 p.m.Please, would y'all keep it to a dull roar around here.
I'm beginning to think this forum is just a microcosm of the Tyler/VPD/Smith/Ure thing.
"You said I was...."
"No, *you* said something else..."
'S getting so's one can't tell who the hell's ox is being gored 'round here.
Ernie
May 26, 2008 at 2:18 p.m.CG23Sailor,So you don't consider posting accusations that you can't prove to be a personal attacks. The posting rules clearly state * No personal attacks, including name-calling. * No bad language. * No stating of unsubstantiated information as fact.Big hint if you can't prove it is unsubstantiated. It is clear that you don't have to follow the same rules at the rest of us.
May 26, 2008 at 1:43 p.m.FYI to EVERYONE again. "Idiot" and everything else Scott has used in his posts is NOT, and I repeat NOT, name-calling! And no Scott "Pro-Tyler" is actually an honor!
May 26, 2008 at 1:39 p.m.
May 26, 2008 at 1:38 p.m.I don't see how people can sit there and keep pointing the finger at the DA's office. It's well known through out the area that local law enforcement has always been lacking, in several areas.
It's all about who reports who. It isn't random--it's who gets reported to the Forum Police.
May 26, 2008 at 1:32 p.m.Seriously? Chris & Gabe you don't feel as if Sailor's last post should be deleted? Even he admits he has no proof and his posts stays. Anyone says boo to Sailor and their posts are PROMPTLY removed. I'm sure it makes for great theater, but either let all posts stay or exhibit a more even handed approach when monitoring.
May 26, 2008 at 1:30 p.m.ALS--I know exactly what you mean. Lots of folks can dish it, but they can't take it; so they run to the referee and WHINE. Lots of whining on this subject. Good job on this story VA! STOP IT--your hurting my feelings!
May 26, 2008 at 1:28 p.m.You know, I'm glad that the Advocate has given us a glimpse into what is wrong on ALL sides of law enforcement.... Not just a single entity....
Since taking office, Mr. Tyler has prosecuted several serious cases, and received convictions on them. That can be nothing but a good thing. However, those criminals didn't wind up in the courtroom because of Mr. Tyler. They got there because of the hard work of the officers and detective of VPD and VCSO. Not all of them are inexperienced and you can't say that they are bumbling fools. Every day you read that someone has been arrested for possession or manufacturing of drugs. That tells me as a whole, the LE, DA and the citizens of Victoria have taken a tough stance against drugs and violence in our community.
Yes, it seems that Attorney Smith and DA Tyler are rattling each others cages. Why? I couldn't imagine.
As for Chief Ure, I don't know anything about the man, so I don't know how he plays into this. If he has a questionable past, then why was he hired? Who made the decision to hire him?
Finally, the Victoria 10.... I know that there is more to their suit than just the contents of these files. When they have all their i's dotted and all t's crossed, they will file the petition. And we'll go from there.
May 26, 2008 at 1:22 p.m.FYI to EVERYONE following this forum: I had an earlier post removed because I used the phrase "lawyer wanna be." It was deemed by the VicAd as name-calling and off topic. Yet, Sailor continues to be allowed to use continuous name calling (which most of us have experienced) and make numerous "personal attacks" which he even admits to having NO PROOF! Yes, good job Gabe, for an unbiased and informative report. Unfortunately, your employer, still holds little credibility!
May 26, 2008 at 1:21 p.m.Good Job Sailor! The Truth hurts I'd say!
May 26, 2008 at 1:06 p.m.I would like to commend Gabe on compiling his report in such a short time. That must have been an extreme undertaking. From the summation of Gabe's report it looks like the DA and his staff were giving straight up advice to local law enforcement on what to include with their cases or where to look in researching their laws. But apparently the advice was falling on deaf ears and the cases continued to be presented without change. A lack of leadership and guidance from the VPD? One begins to wonder.
May 26, 2008 at 12:38 p.m.Obviously, "goes around" you did not follow the District Attorney's race much less Tyler's campaign a year and a half ago. If you would like a resume, there are plenty floating around town, including at least one in the posession of the Victoria Advocate. Feel free to get your hands on one and answer your own questions. I believe Tyler's resume and record as a prosecutor will speak volumes against your "unfounded" insinuations.
May 26, 2008 at 12:22 p.m.SoTex: I agree with your assetment. I left the VSO out since their rejection rate seems to be much less than the VPD. Some might explain this by the population difference, but the rejection rate for the PD is still higher.
The lack of diplomacy and leadership is pretty ugly. Not a great surprise given the size of our community, but the "grandstanding" is hard to take from any or all sides.
May 26, 2008 at 12:11 p.m.Someone correct me if I am wrong. For example, if I call the police for say vandalism to my house, a patrol officer responds to take the report. From there it goes to a detective and if a suspect is determined, it is sent to Tyler for prosecution. Is that right? My point being, that the two divisions within the VPD I deal with are also the most inexperienced which is setting up for disaster. Now it is my understanding that VPD has young and inexperienced officers, which are the ones assigned to patrol. Apparently even the detectives are inexperienced as they have 3-4 years. I spoke to my neighbor who's son just graduated the academy. Apparently at VPD, the officers with experience are the administration, school officers, and the traffic officers (10 years or more). With that said, could this be a training issue, or lack of training? And I know its not all VPD. Looking at the rejected cases, VPD wasn't the only agency but they are the ones with the most mistakes and the ones with the agency with the most inexperience.
May 26, 2008 at 9:32 a.m.Bighorn.....you speak of the DA's temper tantrum but not a word is said about our fine Yosemite Sam Sheriff and his bedroll toting, family insulting outburst over the Grimsinger case.....that in itself is indicative of the type of leadership in the sheriff's department. As we all know those lower on the totem pole take on the demeanor that they are led by.
Again, Steve Tyler may not be the most diplomatic or tactful person in the world, but who knows, he may have tried some diplomacy and with the people he has to deal with....a Chief of Police who was fired from another job for incompetence and a Sheriff who thinks money is the answer to everything and has never held a real job in his life....being a *** may be Mr. Tyler's only choice.
May 26, 2008 at 9:23 a.m.Sailor,
Have you or any of the "10" had any meetings with Tyler or his designees? I'm kind of curious to know if he has made any positive comments about officers. I'm sure he read's enough reports to know which officers do a good job and which ones don't.
May 26, 2008 at 9:17 a.m.I commend DA Tyler and his staff for pointing out to law enforcement what they should be doing. Now it's up to the VPD to stop crying, dig in and get the job done for all of us.
May 26, 2008 at 8:26 a.m.VPD shananigans, I'm not shocked in the least bit.
May 26, 2008 at 12:50 a.m.I'm glad someone finally took a stance, and decided to stand up to them.
Holy Cow, Harry! I go watch a ballgame and look what happens! Chris Cobler, Please see what you can do to eliminate posters going back to back to back on their posts. Appears that some souls need to take a "time out" and relieve their tensions in another hobby.
May 25, 2008 at 11:23 p.m. Ok, let's see, Tyler comes off looking ok in these reports. In fact, some may argue that he is a defender of freedom and the buffoons at VPD. As for my view, it looks like he is still, and likely will be an arrogant ass. But he has been well meaning in his attempts to clear up our criminal justice system. He simply has no clue as to how to do it well. I hold his "temper tantrum" last fall against him, but am willing to let him clear out to do his job now. Remember, the election is just a few months in the future.
VPD comes off like a group of real dirt bags with little training, and or, ability to learn. Maybe it was time someone ran them to the "wood shed" and taught them that they are little more than clowns with guns. Ure just came in a short time ago, and hopefully he recognizes his challenges and has began changes. Time will tell.
I'm in private business, and you can bet personal remarks would have been a helluva lot stronger than Tylers.
Amen, vbbb...amen.
And good night!
May 25, 2008 at 10:25 p.m.Ok to defend myself here...the traffic stop in discussion was ONE example of what I felt was profiling. I feel like there are other cases in these files that also reek of profiling.
I agree with darlins & stealth & I have also said this way earlier....I believe this all started out as ruffled feathers between Smith & Tyler, with Smith poking sticks in Ures cage or even possibly & likely Ure being a part of the problem. It would be nice if Smith were completely out of the picture to see what if anything changes between the LE entities. Though I feel this has gone too far & is beyond fixing at this point.
I supported Sailors et al decision to do what they did in the beginning but in light of Smiths issues I have had a change of heart. I believe it is their right to do what they feel they need to do, but I also think some things may have been a tad distorted, especially now. Though the full complete reports have not been released I cannot imagine every one of these explanations are BS as some would like us to think they are. The fact that some people cannot admit that all agencies have some issues makes me question their ability to be open minded. The issue that some cannot acknowledge that there are hints of intimidation by police & instead start pointing fingers in others direction make me question their motives. No entity is perfect & some may be more so than others but I am not willing to cast stones at this point. To much has happened lately that make me question everyone involved. I am here playing Devils Advocate, not assigning blame, guilt or innocence.
May 25, 2008 at 10:12 p.m.Ernie, thank you for helping me out with that word.... I don't know why I had such a brain phart this evening! LOL!
I'm turning in now.... give the gray matter a rest! Good night all!
May 25, 2008 at 9:32 p.m.Ernie...if that's the case, then the lawsuit should be filed soon. As I said earlier, once all of this is in a courtroom, the law will prevail. Not rumors, not innuendo, not falsifications. It will be the groups's time to finally "put up or shut up".
Much like the Advocate had to do on Friday, when they claimed Tyler's subpoena was harassment and intimidation. They could not put up the evidence (even though it had been pasted on the front page headlines....talk about the power of the press) and so they left the courtoom with their tail between their legs. Ten minutes was all it took.
I give the V-10 about the same amount of time.
May 25, 2008 at 9:28 p.m.At the risk of incurring VBB's wrath, Darlin', I think the word you were looking for is "dereliction."
Now I don't live on Nob Hill but I'd be more than a little concerned about a vehicle prowling my neighborhood at 3 a.m. particularly if that vehicle didn't seem to fit the neighborhood, if I had never seen it around the neighborhood before, etc. I've worked all hours of the day and night and have had more than one curious officer pull me over coming home or going to work in the wee hours. Inconvenient sometimes but it sure made me feel like my local police were doing their jobs, not harassing nor profiling me.
Ernie
May 25, 2008 at 9:20 p.m.I think darlins64 has it. This appears to be about ruffled feathers and not much more.
May 25, 2008 at 9:18 p.m.When will the next installment be printed? Anyone know? I too feel that the Advocate did a great job on this story. But I am wondering why the PD doesn't release their files to compare with what came from the DA's office.... Maybe they were waiting on Mr. Tyler.....
This is my own personal opinion about the Whispering Creek stop: In the wee hours of the morning, someone driving thru a neighborhood at a snail's pace is, on the surface, innocous. However, if there had been a high incident of burglaries in the neighborhood and the cops didn't follow them, it would be ..... (searching for a big word....I got nothing) BAD.... The officer did have a valid reason for the stop.... In my neighborhood, a car driving in the wee hours of the morning, at a slow rate of speed, and not playing rap music at wall-rattling volume is suspect.....
I am beginning to think that this whole rift was a p*ssing match between Smith and Tyler..... but hey, that's my opinion.
May 25, 2008 at 9:10 p.m.Holy novel, Batman!
I go to work for a few hours and y'all just go plumb crazy.
Good work, VA, and particularly Mr. Semenza.
Sorry to say that, thus far, I haven't had time to peruse all the reports but did take time this morning to look over the "questionable" ones and those in the first couple of .pdf files. When I first read the article last night and my comment, the files hadn't yet been attached. This morning they were but I only had time to look through those few. Didn't change my opinion from last night though.
But a couple of things: I have to agree with Sailor. There's a lot of info that doesn't seem to be in these charge reports. Apparently like a few others, I was expecting to see full case files containing all the info up to the case being declined and the case closed. All I've seen so far is the decline reports and memos noting Tyler's reason for choosing not to pursue the case. Having viewed a few case files in my time as a company safety and loss prevention coordinator, I know there's a lot more info in a file than what's included in a single report in a file full of reports. I believe Sailor's example is an appropriate one.
Also, I've met with the V-10 group, seen much of their info and heard *some* of the first hand reports regarding Tyler's actions. I also am aware that while the group was waiting for these reports to be released, as Sailor has said numerous times, their patience was only to see if these reports shed any additional light on their case. These reports, what the group had heard might be in these reports, and the issues these reports do or do not reveal is NOT the case-in-chief of the V-10.
Having been privy to the information collected by the group, my opinion was then and continues to be that their case had and has merit. Is it winnable? I'm not an attorney nor would I venture a guess what conclusion a (notoriously unpredictable) jury might reach even if I were. But I do feel it's a cause worth pursuing and it is their and our right to do so; win, lose or draw. It would not be the first case of malfeasance discovered and brought to the court by a civilian group.
More power to 'em. I'd rather see my tax dollars working in this way than allowing some less-than-honorable official fritter it away because no one had the fortitude to "fight city hall."
Soapbox mode is now disengaged.
Ernie
May 25, 2008 at 9:09 p.m.VBB - According to a 2001 Houston Chronicle article, Ure was fired from his Fire Chief position in Webster, Texas, in January of 2001. He went on to the Friendswood PD as a patrolman after that for a couple of years before moving on again.
May 25, 2008 at 9:07 p.m.Victorian by birth and all,
Yes, we originally requested the documents of the VPD and the district attorney's office. Both entities denied the request and referred the issue to the Texas Attorney General. The state AG ruled the district attorney handled its paperwork improperly and upheld our request. The city apparently handled the rejection properly.
In terms of getting the corresponding police files that match all of these disposition reports, that would be one big mound of paperwork. I'm not sure whether it's possible because police can contend such files are part of an ongoing investigation. If we did get them all, it would take considerable more scrutiny and expertise to determine whether the cases were properly rejected.
At the end of the day, I'm not sure whether we'd really be reaching the heart of the issue by doing all of this. The rift between the DA and the police goes deeper than these particular cases, it seems to me.
I suspect we'll all know more after this grand jury comes to some conclusion. We'll continue to aggressively report on it all.
As someone else who posted here said, the open-records laws are not just reserved for the press. Every citizen has a right to request public information. If there's a particular report you want to see, request it. If you want, call us, and we'll help you with the process. Our police and courts reporter, Leslie Wilber, has a blog devoted to open records.
May 25, 2008 at 8:57 p.m.Ure was Director of Public Safety in watauga, TX prior to coming to Victoria. I do not believe he was fired from there. Personally, I doubt he was fired from any town. That would have come up before. Of course, that does not necessarily mean he is a good administrator or works well with others....which, it seems, is the problem here in Victoria.
May 25, 2008 at 8:53 p.m.I did a search on the internet and saw that the town could possibly have been Webster, Texas.
May 25, 2008 at 8:43 p.m.David Atmar Smith as City Attorney and Bruce Ure as Chief of Police. What a great town we live in.
May 25, 2008 at 8:43 p.m.Thats what I've been saying VCC! How bout it Gabe? You have some free time to look into this?
May 25, 2008 at 8:41 p.m.That's a very good question, VBB. This is only slightly off topic but I overheard someone saying that Ure was fired from another city due to problems he had there. Maybe the VA should look into Ure's past and see just what we have leading our officers here.
May 25, 2008 at 8:38 p.m.Why haven't the police disclosed their records? Maybe he felt without both sides of the issue he would come out looking bad. I will say he needs to quit cutting his nose off in spite of his face.
May 25, 2008 at 8:20 p.m.It will be interesting to see what happens after the Advocate reporter is "harassed and intimidated" by the grand jury and the DA on Tuesday. Maybe some of these questions will be answered.
May 25, 2008 at 8:19 p.m.good question...I have been reading the Advocate for, well let's say several decades, and this is the most aggressive effort I have ever seen on their part. Good for them!!!
May 25, 2008 at 8:16 p.m.stealth...Good question. I would add to it...why did the city (VPD) also refuse the Advocate's request? Let me remind you who the city attorney was at the time....David Atmar Smith.
May 25, 2008 at 8:10 p.m.
this seems to be much ado about nothing. The real question to me is why Tyler would fight the release of these documents so vigorously when this is all there is.
May 25, 2008 at 8:06 p.m.In every single post I agreed that they had A LEGAL RIGHT TO PULL THE PERSON OVER. I just questioned whether that was the ONLY reason they choose to do it. Police are not robots. Their own personal beliefs, motivations etc do come into play when faced with choices such as this one. That is what I am questioning. Are you suggesting profiling does not take place?
May 25, 2008 at 7:59 p.m.Chris...I apologize. We (ALL OF US) got off topic.
You will hear no WHINING about your message from me.
May 25, 2008 at 7:42 p.m."{{{SIGH}}}
VBB,
No offense but do you stick your fingers in your ears and go NYA NAY I CANT HEAR YOU whenever I post?
You ignore everything I have put out and just keep coming back with more bunk."
You attacked me with that statement. Just because i don't agree with you doesn't make me wrong or stupid.
May 25, 2008 at 7:35 p.m.I believe that the message was clear. There was a new DA that took office and was not accepting incomplete investigations as the previous DA did (and then dismissed in court when the accused would not take a plea deal). It looks like the DA and his staff were basically telling area officers what to include in their cases, but instead of gathering that new information they instead cried that the DA wasn't playing fair. Funny, if you are given a task and told exactly what was needed to accomplish this task, most people would be apt to follow the advice given (if they have pride in their work product).
May 25, 2008 at 7:28 p.m.Chris since you are here I will ask you. It was reported you guys approached the VPD about releasing the files & they denied also. Is there any way you can get the corralating files out of them so we can see the whole picture?
May 25, 2008 at 7:19 p.m.Sailor, Luminary and South Texas guy,
Please stick to the issues and quit going after each other. We really don't want to stop this thread on an important issue. Please discuss the topic and not each other.
Thank you.
May 25, 2008 at 7:16 p.m.Sailor, I am in no way attacking you. As I stated earlier I am playing Devils Advocate. I understand this is very personal with you but it is not with me. I have no personal investment in this at all except as a citizen & tax payer.
May 25, 2008 at 7:15 p.m.I know your brother is a cop & you are very protective of him & I understand that as well. But I also know not all cops are good & pure. There are some very nasty, crooked cops out there as well. I cannot & do not believe every cop in VPD is an honest, upstanding officer as I know a few who do not fit that description. I have never been arrested in my life but I have run across a few both as a victim & as a person who used to have issues with following the speed limit & acknowledging stop signs.
I have now adopted the philosophy in regards to police officers as with snakes to tread lightly & not make any sudden movements as I do not know whether they will go merrily on their way or turn around & strike me.
With that being said I do see there are problems on both sides from these reports. I would like to see Gabe dig a little in Ures background & see what his stats looked like in the other cities he has worked & his relationship with the other DAs he has had dealings with. Also would like to see how Smiths dimcap role will affect the relationship between all involved. I believe there is more than 1 guilty party in all this mess.
Naufragium sibi quisque facit. (Each man makes his own shipwreck).
Marcus Annaeus Lucan
May 25, 2008 at 7:06 p.m.Sailor, I often drive through my neighborhood in the wee hours, often below speed limit & not always using my turn signal, there have also been burgarlies in my neighborhood, my car was a victim just 2 weeks ago. Would I want every person pulled over just because they are driving after a certain time? No. I want the person caught while he is checking out his next car or leaving the scene with enough evidence to get a conviction.
Driving in the wee hours does not make one a criminal. I agreed that the officer had a legal right to pull the car over but how many times does this same officer not pull people over for the same exact thing. It is a bit of a double standard.
Even though it was the wee hours cats are still out & about, I have cats I know this to be true, so I still always err on the side of caution when driving through a neighborhood at night.
May 25, 2008 at 7:02 p.m.See Sailor you state you wish people to argue the points & I am trying to do just that & you accuse me of not paying attention. Ok big deal, I misspoke my Creek. I was thinking Whispering Creek & I inadvertantly typed out Spring, please forgive my ignorance. Yes I remember all the hoopla surrounding all this mess I just ddn't bother cutting & pasting all relevant documents etc. And I admitted that they had a LEGAL right to stop this person but I also inquired whether they stopped every other Tom, Dick & Harry that night for doing the same exact thing. If not then I stand by my assertion. I cannot believe every other person driving down this street abided by all the laws of the road and were driving the exact posted speed limit. Call me uninformed, naive, blind etc....I am not the one with a personal attachment or agenda here.
May 25, 2008 at 6:24 p.m.That one that you are referring to stated there was not enough to send to a lab to be tested &/or it wasn't tested. It said there wasn't any proof that it was a drug.
May 25, 2008 at 6:04 p.m.Hmmm...where'd you get the letter from?
And I will stand by assertion that that stop was profiling. I often drive in neighborhoods at night at a slower rate of speed as there may be kids, cats, dogs, squirrels, etc. dodging in front of me & as I don't see as well at night & am usually tired, my reaction time might not be what it is during the day. I too am like Darlins where I tend to not use my blinker in neighborhoods either, especially if I am unsure what road I am looking for. Being that this person was on Spring Creek (which part I might ask) it is not the best lit street either. Just because there had been breakins & what not does not excuse some people being stopped for these reasons & possibly not others. If this person had been caught with stolen goods then I would eat crow but this person was caught with drugs if I remember correctly. So I ask were drugs the items being stolen from this area? Otherwise yes I know the police had the legal right to pull this person over but c'mon it was a cheesey reason. And did the police pull over every car in this area where the driver was either driving too slow, a tad too fast & everybody who did not properly use their turn signal? I am now playing Devils Advocate.
As far as your brother goes, his name was the only name on the report & there was no mention of a partner so I'm sorry if you feel I jumped to conclusions. But it does state that not only he threatened to tase the person he also threatened to take him out or some such wordage as that. Police brutality??? Intimidation??? Those types of abuses I simply cannot stand. Police are supposed to protect us not intimidate/force us into incriminating ourselves.
Last time I checked we can be arrested for just about anything but actually being convicted is a totally different thing. I am all for criminals being caught & convicted but I prefer when it is done in a legally binding way. I also never wish to be profiled by the police or pulled over just because they feel they can. If the DA doesn't police the police then who will? I am also not saying he is totally innocent, there were a few questionable comments. There were also praises to the police officers involved. Not all the charges were dismissed either & I think THAT is what is being missed. Just because it is checked off as declined doesn't mean it was tossed out. Some charges were upgraded, some people were already in jail, some were sent back for further investigation, etc. It would be nice if these papers included the police reports but sadly they do not. I can just assume that he is not blindly pulling these reasons out of the air or his nether reasons. If it is proven beyond ARD that he did, then & only then will I eat crow.
May 25, 2008 at 6:02 p.m.See, what did I tell you? There are certain individuals who have an agenda. Nothing will stop them from their agenda....even the truth. They simply move to to other rumors, falsifications, and innuendo.
May 25, 2008 at 5:45 p.m.Today, after the first installment of the reports that they demanded, they are desperate. The truth is now out there. And the truth hurts. It makes them uncomfortable. They are desperate because their version of the story is crumbling before their very eyes. And desperate people will take desperate actions.
Hold on to your hat. Get used to it. They will never admit they were wrong. They will continue with new rumors, new falsifications, new "versions". Eventually, those will be proved wrong as well.
Unfounded accusations.....Sailor you're killing us!
May 25, 2008 at 5:43 p.m.Sorry about the first sentence. it sounded wrong after I hit ok. What I meant is that I knew what you were saying about the reports, what they were and what should be there and isn't. So sorry.
May 25, 2008 at 5:23 p.m.Thank you but I am fully aware of what should be in the report and it's related papers. What I was trying to say was that it seemed that others were reading the actual reports and I didn't see those. Obviously, the only thing posted was the DA's disposition reports. If I am wrong and there is other papers (and I don't mean the memos from the DA) such as incident reports/arrest reports/victim statements etc, then please tell me where those are on this website.
May 25, 2008 at 5:22 p.m.I have been pulled over at least 3 times in Victoria for not turning on my blinker. I wasn't speeding and there was no other reason to pull me over except for that..... I am notorious for not turning on my blinker....
I just can't see that Tyler dissed the officers nor can I see the smoking gun....
I see justifacation in some of the dismissals, but not in all. Then again, I'm not a lawyer so I don't know the intricate workings of the law.....
May 25, 2008 at 5:21 p.m.I guess I am missing something here. When I click on the reports, all I see is the disposition from the DA's office. There are no actual reports from the officers or detectives. There is no way of knowing the officers/detectives did or didn't do other than what the disposition said. If I am missing something, please tell me.
Also, since when did indecency with a child get decline because a victim doesn't want to pursue it? The victims are children and deserve more protection from predators.
I see problems here on both sides.
May 25, 2008 at 5:01 p.m.To me that example reeks of profiling. It seems to be a common thread in a few of these drug arrests. If the person was actually stopped for failure to use a turn signal then why wasn't that mentioned instead of driving below speed limit? Seems maybe the officer forgot to mention it? Also a few or all of the evading arrests were filed for failure to stop in less than 12 seconds, the person was looking for a safe place to stop etc....seems in a few of these the police also were looking for drugs....again kinda reeks of profiling. It also seems like the cameras in too many vehicles aren't working or are they just being turned off (can they do that?) Tyler mentioned a few times they needed to have cameras on & in working order, I don't blame him for that. If I were a Police Officer I would want that camera working & turned on just for CYA purposes.
I'm not done reading all of them, as I have things to do, but I will finish reading them. I am finding them interesting & amusing. My favorite so far was the "crack rental car". After reading the statements & such from the civilians involved (perps, victims etc) you can see why so many are rejected. Feuding spouses looking to get the other in trouble, kids & parents feuding, neighbors etc....makes me feel better knowing somebody is trying to seperate the truth from fiction. Would hate to see someone get a wrongful conviction just to keep some departments stats looking good.
Again I say look at doc 1 of the PDF & see who was the don't tase me officer....makes sense.
May 25, 2008 at 4:26 p.m.There are some people who will never be satisfied. They will always have a reason, always have an excuse, always interpret (or analyze) the situation the way they want to. They will continue to inject rumors, innuendo, and outright lies in this forum. Once discovered and revealed, they just simply move on to a new set of rumors, innuendo, and lies.
That loud, sucking sound you hear is their credibility going down the drain.
May 25, 2008 at 3:10 p.m.We should all commend journalist Gabe Semenza and the Victoria Advocate for their courage and initiative in keeping the public informed of our local government's actions.As secrecy in governments increase, so does the likelyhood of corruption, tyranny, and loss of our freedoms and rights.Government officials work for the people, and what they do should NOT be a secret. I want to remind everyone that Freedom of Information Requests can be done by any citizen. And many things are public record, such as email and other computer files.So if you ever want to know specifics of the kind of job your local leaders are doing, just file a Freedom Of Information request. This includes any state agency including Victoria College or UHV. An instructor, college president, or other employees can have their email analyzed through a FOIA request. Same goes for police, sheriff's office, fire, etc.So read up on how to do a Freedom of Information request and lets keep tabs on just what kind of job these people are doing. Maybe Gabe Semenza can do a story on how a Freedom of Information request is done.These people work for us, even though they think they are untouchable, they still have to answer to the public/taxpayers. And the Freedom of Information Act was passed just for this reason.
May 25, 2008 at 3:10 p.m.A number of you have asked about sexual assault cases. There are sexual assault case declines in the reports given to us. The number of these cases, though, was too few to stand out among the rest. I say that in terms of case numbers and not in terms of the alleged crime's seriousness. If you review each document, which is provided online, you'll find examples of sexual assault cases declined.Let me know if you have any other questions. I'll monitor this thread for the better part of today.
May 25, 2008 at 1:51 p.m.LOL Gabe, bet she thought that was the best post!
May 25, 2008 at 1:47 p.m.TexasMom: My wife read your comment and she quickly became a fan of yours. Thanks for chiming in.
May 25, 2008 at 1:29 p.m.WhoDoneIt:
May 25, 2008 at 12:58 p.m.1. To answer your first question about the cases with no reasons given for declining ... ADA Michael Kelly said it's common for some cases to have very little mentioned on case-decline reports. In some instances, cases are simply declined and an e-mail or other memo is sent regarding that decline, as I understand it. It is difficult to sync the memos and e-mails with the 39 case-decline reports. I reviewed all memos and e-mails shared with us that discussed cases declined. Police have never mentioned these memos are derogatory and I could not find any derogatory comment in them. I also plan to post the memos and e-mails in coming days and weeks.
2. To answer your question about the cases declined because the victim would not prosecute. In those instances, some cases were declined simply because the victim won't prosecute. In other instances, multiple reasons were given on the report for declining a case, including that the victim won't prosecute. In instances of multiple reasons for a case's declining, I had to choose, as a layman, what seemed to be the over-riding reason. Does the DA have a choice under these circumstances? Yes. The DA can pursue charges in which the victim doesn't wish to prosecute -- and he does in some cases. These instances are discussed in the correspondence between the DA and LE.
3. As designated on the Pie chart, there were 151 case declined under Other. Could you give us a handful but fairly diverse sampling of the reasons for the Other 151 cases being declined? Other reasons, and they are many, include: improper searches by police; the cases were old and not handled by the former administration; the defendant was in jail on greater charges; a juvenile was placed on deferred adjudication and on and on. If you view each of the documents, you'll find several other examples.
4. Under the Top Ten Most Declined Crimes Chart and under Assault causing bodily injury there were 48 cases. Of these 48 declined cases, were any of these *Sexual assault* cases? If there were, how many and what reasons were given for declining them? Of the 48 assault cases, no, none included sexual assault. I'd have to crunch the numbers again to determine sexual assault cases declined. I divided assaults into: Assault, assault causing bodily injury, assault causing bodily injury and family violence, aggravated assault, assaulting a public servant, sexual assault and aggravated sexual assault and so on. There were few sexual assault cases delined, compared to other cases declined.
5. Under Unprofessional?, the professionalism in 18 reports was deemed to be questionable. “Who” deemed these “questionable”? You gave your readers one example. Why not give us the other 17 “questionable” remarks, please? I personally deemed these reports questionable, and then presented some of them to an outside district attorney and a judge for review. I've grouped those questionable reports together, which you can view. To the left of the story's headline, under 'Related Stories', click 'Click here to view the reports.' Then, a list of all the files appears. The questionable reports are on top of that list.
6. Under Other Files, since these files will be published in the coming days, are there any comments/messages/written remarks that fall under “questionable professionalism” displayed in these files by any of the *Agencies* involved? All reports deemed questionable were grouped together into one PDF and made available to you (see question 5) .
victorianbybirth...I imagine one of the "legal experts" will be (as was predicted by another forum poster several days ago) a security guard at Formosa.
I also predict it will be a lengthy analysis of FACTS and "inside information" from sources that cannot be revealed.
May 25, 2008 at 12:56 p.m.What "legal experts" are going to be reviewing these reports? I thought the VicAd was the only entity recieving the copies & all pertinent info has been redacted.
I am no legal scholar by any stretch of the imagination but I am beginning to think maybe the citizens need to be grateful they have a DA who seems to be looking out for them. I am slowly going through all the PDF files & have only run across 1 where I felt maybe he had crossed the line concerning a "victim" (that was based on my gut reaction, others may be less or more tolerant than I). I have also run across many where he praised the officer involved.
This is starting to smell like the Victoria I know, where hidden agendas, ruffled feathers, etc. are playing out in the background masking themselves as major slights against the safety of our community. Though things SEEM to change, sadly they never do.
May 25, 2008 at 12:33 p.m.Excellent post Southtexas...welcome back!
I was going to point out also about victims not wanting to testify. You can't lead a horse to water & all. Also prosecuting the case against the victims will may be worse for the victim in the long run. When the perp doesn't get convicted & goes on to beat & or kill the victim when they are released. It is hard to get a conviction with no victim testimony or witnesses & all it does is further anger someone who already has major anger issues. Maybe when the victim starts getting cold feet they should be referred to the womens crisis center or other agency that deals with victims of assault. Maybe that referrel process should happen at time of incident, maybe then the victim will be ready to press charges & testify when the time comes. Domestic abuse is a very difficult situation to deal with & involves more than just penal codes. I know of this from experience.
May 25, 2008 at 11:21 a.m.It is not uncommon for DA's to not prosecute cases where the victim refuses to testify, especially in cases where there are no other witnesses to the assault or infraction.
As I have said from the very beginning.....Mr. Tyler should be commended for his efforts to save the taxpayers money by refusing to take cases to court that he knows he cannot win. If he had taken the cases and lost he would not have been criticized as much as refusing the case, but the taxpayers would be out mucho money for the faulty trials.
The police Department and the Sheriff's Department need to clean up their act and learn from Mr. Tyler's comments. Somehow I just don't see that telling a policeman to "Read the Penal Code" is in any way demeaning or insulting. I have had bosses in the workplace who were demeaning and insulting and believe me...Tyler's comments do not come close.
And please.....I am not anti-cop. I would not be a policeman for all the money in the world. They put up with abuse from offenders that goes beyond the call of duty. I have nothing but the greatest respect and admiration for anyone who wants to be a cop.
However....it is America and our justice system and court system demands that every "i" be dotted and every "t" be crossed.....and that is so that we will not incarcerate the innocent. And....in spite of the fact that sometime this means that bad people are put back out on the street due to a small mistake on the part of police.....then so be it. We still live in the best country in the world with the best government and police and justice system in the world.
Thank you Mr. Tyler.....and all of you Tyler haters....suck it up and realize that your tax dollars are better spent because of our D.A.
May 25, 2008 at 11 a.m.I ran across a few sexual assault cases when I scanned through the first 5 files. One of them the victim recanted, another was found to be consentual.
I, too, find these reports make the officers look bad. There was one for possession where a pregnant female was arrested for "possession" because she was in a borrowed car & the drugs were hidden, she claimed no knowledge, told the officer she had borrowed the car, etc & he still arrested her. Another where a certain officer threatened the defendant with tasing on video. There were many "rejected" cases that were either pled out, charged for something else, Tyler changed one to a felony charge, etc....just because they were "rejected" didn't mean the perps were free to go in all cases. There were a few where he was declining until the police finished their investigation....charges still pending.
Kinda thinking the resignation of Smith was a good thing but very bad that he is still in the picture. Maybe the VicAd should dig into Ures past at other PDs & see how their stats were under him and compare them to his pre & post years, may shed some light.
May 25, 2008 at 10:53 a.m.digalitldper, Are you are Tyler? I am asking him.
May 25, 2008 at 10:35 a.m.PinkPoppy, I am not missing the point, you are. You have no clue UNLESS YOU are Tyler or someone in his office. If you are Tyler or someone in his office then YOU do KNOW what has happened to the declined "sexual assault" cases. I want to know where the declined sexual assault cases are and the reasons why they were declined. Mr. Cobbler, were there NO declined Sexual Assault cases in that box? If so, the requested box of records has been tampered with. Who would profit from the tampering? The Advocate or Tyler?
It looks like DA Tyler was fighting to keep the records secret so that the VPD doesn't come out looking like the Keystone Cops! Oops, too late! Let's see how the Anti-Tyler Defamation League spins this back to their side and tries to get public opinion following them. Looks like the truth hurts.
May 25, 2008 at 10:25 a.m.1. No where in what I have read thus far has shown that VPD or VCSO were NOT doing their job.... in fact, I've read several comments made by the DA's office PRAISING the officer for their report.... So I don't agree with anyone who says that the officers aren't doing their jobs!
May 25, 2008 at 10:24 a.m.2. I have yet to see any sexual assault cases.... so I join silentlamb in asking where the reports on those cases that were rejected. Gabe, are those being withheld for any reason?
3. Like some other posters in this forum, I do not see a "smoking gun", but do have some concerns, mainly, there were many assault/family violence cases that were dismissed because the victim declined to pursue the matter. It is my understanding that even if the victim refuses to press charges the state can pursue charges. I am going out on a limb here and ASSUMING the reason the DA did not pursue the matter is that it'd be difficult to get a conviction without a cooperative victim, and without such, why waste the money only for the case to end up in an accquital.
4. I do not understand why a few of the cases were dismissed, Especially some of the drug cases.but saw nothing unprofessional on the part of Law Enforcement or the DA's office.
5. A lot of the cases were dismissed by an ADA.... Does Tyler review ALL of the cases? Or is each ADA assigned cases as they come in?
Gabe, the Advocate has done a good job on analysing these documents and the graphic helped a great deal.
BTW - TomC, I'm still reserving my opinion until I receive an answer in regards to the sexual assault cases .....
Silentlamb,
I think you're missing the point of, of the 619 cases declined by DA Tyler 479 of those were worked by the VPD, that is 77.8%, and of the 615 cases that were rejected 332 or 53.9% were rejected for lack of legal standing or lack of evidence. So if you work the numbers and give the VPD the benefit of the doubt, approximately 258 (53.9% of 479) of the cases they presented to the DA's Office were rejected for lack of evidence or lack of legal standing. I don't think that it is DA Tyler's Office who is doing a disservice to the victims of sexual assault or other crimes in Victoria County, it is the VPD.
May 25, 2008 at 10:17 a.m.Gabe you did a wonderful job! I know that this thing isn't over yet, I am sure you
May 25, 2008 at 10:04 a.m. put many many hours into this. Now, i think you ought think about the addition to
your family your wife wants. (smile)
Shame Shame on Tyler!
silent lamb i am wondering myself what happened to the sexual assault cases. Did they disappear from the box when Kelley took them over to the advocate! Shame on you Tyler!
May 25, 2008 at 10:03 a.m.We're glad the digital world allows us to share all of the documents with you. Gabe spent days reading each one, redacting defendants' names, scanning them for online presentation, working with our multimedia editor on the presentation, and posting the documents. I want to commend him for his commitment to this story.
We also appreciate your questions and suggestions. We'll try to answer those here or on our blogs. In the spirit of crowdsourcing, we hope those motivated enough to do so will review the documents and suggest other ways to analyze what's there.
May 25, 2008 at 9:59 a.m.Steve Tyler, where are the declined SEXUAL ASSUALT cases? Where have they gone? They are not even mentioned. And people wonder why victims of sexual assault do not come forth . . .
May 25, 2008 at 9:34 a.m.This is my first post,but I have been following this story from the beginning. I wonder if the VPD will ever learn. According to the reports they were given direct instructions on how to improve the quality of the cases they brought to the DA's office. Instead of taking that information acting on it in a positive way, they kept muddling along and then started calling names and pointing fingers when DA Tyler would not prosecute cases that he felt lacked antiquate evidence. One question for the the Vic 10, when will you admit you're wrong?
May 25, 2008 at 9:23 a.m.Since I am not an attorney nor in law enforcement and have no legal background, I need a bit of clarification, please.
May 25, 2008 at 8:45 a.m.1. On the Pie chart, 39 cases were declined w/no reason given on the report. Is it customary or acceptable for NO reason to be given? Which law enforcement agencies brought forth these 39 cases?
2. Again, on the Pie chart. If I understand this correctly, 68 cases were declined because the *victim* would not prosecute. Does that mean that if a *victim* refuses to file charges against someone the DA can not or will not prosecute? Does the DA have a choice under these circumstances? Must a *victim* file charges against someone in order for the DA to prosecute? What about *victims* who are afraid of retaliation and refuse to file charges? Does our legal system just refuse to prosecute because a *victim* may be afraid?
3. As designated on the Pie chart, there were 151 case declined under Other. Could you give us a handful but fairly diverse sampling of the reasons for the Other 151 cases being declined?
4. Under the Top Ten Most Declined Crimes Chart and under Assault causing bodily injury there were 48 cases. Of these 48 declined cases, were any of these *Sexual assault* cases? If there were, how many and what reasons were given for declining them?
5. Under Unprofessional?, the professionalism in 18 reports was deemed to be questionable. “Who” deemed these “questionable”? You gave your readers one example. Why not give us the other 17 “questionable” remarks, please?
6. Under Other Files, since these files will be published in the coming days, are there any comments/messages/written remarks that fall under “questionable professionalism” displayed in these files by any of the *Agencies* involved? I understand that the idea of “questionable” is subjective and I am concerned as to “who” deems them questionable. I also realize that you want to give your readers the opportunity to form their own opinions.
Although my questions are lengthy, I think clarification would be helpful to most of your readers. Thank you.
Well put, SotexGuy. It appears that some "ax-grinders" will not let this thing rest. Very nice of them to "coach" the VicAd as to how, what, and where to find the illusive smoking gun. But from the content and volume of their posts, I'm not surprised.
May 25, 2008 at 6:51 a.m.The Advocate attempted to rate the reports as a "REASONABLE AND PRUDENT READER WOULD". (Good luck in finding those people in these forums, eh?) ;)
May 25, 2008 at 6:28 a.m.In doing so, NONE were deemed "bluntly UNPROFESSIONAL OR DEROGATORY TO POLICE OR VICTIMS". The professionalism was questioned in 18 reports (out of hundreds).And people are calling for his resignation? There is a recall petition going around?I
If the "Victoria 10" was waiting for the release of these reports looking for additional ammunition to use against the DA before filing their lawsuit....I'm sure they are sorely disappointed this morning. By the way, what is the status of the lawsuit? Last I heard it was going to be filed in early May. I predict that once it makes it to a courtoorm....where the law prevails, and not insinuation, slander, rumors, and innuendo...it will last about as long as the Advocate's suit to quash the subpoena. Which was about 10 minutes.
If this is all there is, then I don't understand why Tyler fought revealing it so hard. Privacy concerns?
Could this point out how incompetent our VPD is?
I have been critical of the VicAd in the past, so here it is. NICE WORK, VicAd!
As for comments related to digging out more and more detail, some folks have too much time on their hands and need to get out and catch some sun.
May 25, 2008 at 6:14 a.m.The DA wants law enforcement agencies to do their job. So he tells them to read the penal code. And the DA gets criticized without mercy, accused of being a bully, accused of harassment and intimidation, slandered, one woman said she would spit in his face, and his resignation is demanded.All because he wants them to do their job and READ THE PENAL CODE?
May 25, 2008 at 4:23 a.m.In their clamor and demands for the release of these reports, did anyone stop to think that they could actually be very embarassing to the VPD as a whole, and to particular officers? If they are being repeatedly told that their investigations are flawed what does that say about training? Or maybe they did not care. Just keep sending them over the the DAs office...let him reject the case....and then we can complain that we are not being treated with respect.
Perhaps a closer look at Police Chief Bruce Ure is needed. (I'm sure I will be blasted for that remark. It seems anyone who even hints at the possibility that the VPD is less than perfect either hates law enforcement, or has an axe to grind, or works in the DAs office, or is related ot the DA). Which will I be accused of?
Gee....It's so quiet in here I can hear the snails
May 25, 2008 at 1:36 a.m.Did ya see the one under documents 1? Hmmmmm....don't tase me.....bro.
May 25, 2008 at 12:32 a.m.I'm hoping someone posts a summary of the files. I read one, and it was fairly boring.
May 25, 2008 at 12:32 a.m.Gabe, I'm breezing through them without problems. Thanks so much for getting them out so quickly...it is a lot of papers!
May 25, 2008 at 12:31 a.m.Thanks, VictorianByBirth.
May 25, 2008 at 12:17 a.m.I'm curious: Am I the only one experiencing difficulties viewing the documents? I'm at home now and my browser is sometimes quirky.
If so, please let me know.
Thanks.
Gabe, I had no issues....Great work!
May 25, 2008 at 12:09 a.m.There were 3 out of the "questionable" reports that raised my eyebrows & the comments were made about the defendants not the victims. I dunno, I think the fact that he explained WHY he was dismissing the cases is a good thing, at least the officiers know why & what to do differently in the future.
I am wondering if he is going to accept the case of the ill gotten Dr. Peppers...that arrest was too funny.
May 25, 2008 at 12:08 a.m.It may not be pretty but it ain't quite the smoking gun we were expecting.
Bring on the coffee and scones though. It oughta get interesting from here on....
Ernie
May 24, 2008 at 11:55 p.m.