Zorro - Leslie is on vacation this week. I've been informed we have no new information on the case. We have requested the information from the city but have not yet received a response.

Leslie,

Have you been able to find out anything more about this hush money payoff? Were you able to talk to Chief Ure about this? Do you know if other cases are being negotiated?

So just because of his past the guy should have been stamped, sealed and delivered to TDCJ, then when his conviction is overturned, instead of whatever the city paid him, he would be eligible for a state payment of $25,000 per year of incarceration, to a maximum total of $500,000, plus one year of counseling.

Tex. Stat. Ann. §§103.001-103.002; 103.051-103.052

In order to be PC, shouldn't the arrest be considered a Hate crime?

So justamom what should they have done with Mr. Buckner? Maybe they could have written a letter to his employer and advised them he was a free man with no charges pending! I hope I don't get implicated by a false witness and sit in jail because I know that 6 months without pay would definatly bankrupt me. I just don't get your reasoning, you believe that because someone was guilty in the past he should lawfully be detained for 6 months because of his past actions. Again, find that principle in the Bible and correct my foolishness.

Can you people read? I did not say it was just because of his background. I said he should not have been paid! There is a difference...
I gaurentee the CI did not pick a name out of the sky and I also gaurentee that the police aren't as awful or stupid as you make them out to be. Given his record and the fact the CI knew his name, it is common scense to know he runs or has run in that circle. He may not be guilty of this crime, but he is most definately not an upstanding citizen who was done in by the "horrible police". Funny how people always think they can do a job better, but are too busy running their mouths to actually try and do it. Talk bad about the cops all you want, they are the bigger person because despite all of the flack you give, they are still the first ones there to help you. Boo HOO I was wrongly arrested, what were you doing to give them probable cause? Maybe it is you and not the cops....

Give me a break the Victoria Police Dept makes bad arrests ALL the time, I ought to know they did it to me, took the State Rep to get my charges dropped...This Police Dept is corrupt , and has been for a VERY long time

Formulation*

Blackstone's Forumlation:

It is better that ten guilty persons escape than that one innocent suffer.

http://en.wikipedia.org/wiki/Blacksto...

justamom;
Thanks for the reminder of what Victoria must overcome.

Leslie,

Public Relations 101 teaches that negative stories that have the potential for a substantial fallout should be handled by getting out as much information as possible, as early as possible, to avoid the perception of a cover up.

I read the post by justamom and might I add what you wrote is ridiculous, How can you say that because the accused had past offences it was just for him to sit in jail for 6 months and not be compensated! What Christ is it that you follow? Do you not know that the man who wrote 3/4 of the New Testament was a murderer and persecuted the Christian church. I hope you don't have any past trangressions because I would hate for you to be locked up for sinning (transgressing) in the past.

Zorro - Let me clarify. Governmental bodies are only required to produce records they actually have (sounds like a pretty beaurocratic distinction, yes?). I'm not alarmed by the fact the city claims not to have a record of this transaction, since my understanding is it hasn't happened yet.
To reiterate, I'll request the records again, once the case has been officially dismissed. That request could be more fruitful.

Pecos- I didn't judge him, I saw what he was convicted of. I didn't make those calls. He chose to break the law, but I am somehow at fault. (No I'm not talking about this charge I am talking about the ones in his past.) Two of the charges were the same year this case was brought against him? Duh hello! He is not an upstanding citizen who deserves compensation. He should not have been paid. Plain and simple.

JUSTAMOM- just 10 days ago you posted on another blog

"Ok I am a proud Christian....Therefore i was taught to not judge others or you will be judged just as harshly. Also I was taught to love the sinner, hate the sin. I find it very aggravating to see people call themselves Christians and then turn around and judge and look down their nose at others. Those without sin cast the first stone... I happen to disagree with it. Not my choice, but it is not up to me what they do or don't do. I have no problem with gays getting married. The problem I have is the schools wanting to teach it as an acceptable lifestyle. To many it is, however, if they won't let my child pray in school because it might offend, then they should not be able to tell me what is an acceptable lifestyle. Just as I choose the religion my child learns, I will choose what morals and beliefs to go by. I happen to have a relative and a very good friend who are gay. They are some of the most loving and more Christian people than some of you. Jesus loves all of His children, even the ones you dislike"

As far as "counts" in a persons past, they are just counts until a verdict is reached. If counts were the final judgement, then the city officals would be in the came boat.

If everyone's past was alaways their future, then they would have none

Wayward- I agree up to the point of the cops being fired. You can do a simple search and found thousands of people who are "innocent" and being released after 22 years or 27 years. Police and investigators make mistakes, they are human. Sometimes there isn't enough evidence, who knows! He still should not have been compensated. Maybe he should read some of these other stories and be greatful it was only 6 months.

http://search.yahoo.com/search?ei=utf...

A old saying... "If he didn't do this crime, he is guilty of ones he got away with, so let's convict him anyway"

justamom...The police don't get to throw you in jail because you might've done some things in the past. They are allowed to throw you in jail ONLY for a specific event or series of events. If you stole a car three years ago, that doesn't mean you're fair game for an armed robbery last week. This guy may not be a choir boy, but innocent means he didn't do this one. He's innocent of the crime for which he was arrested and spent time in jail. That's wrong and the cops who arrested him and didn't investigatge should be fired.

Not a red flag? The facts as I understand them are that there is attempt being made to keep the monetary amount of the settlement secret. To me, that's not just a red flag, that's a neon sign flashing.

Why did the city farm out this case to a local lawyer in the first place and how much did that cost the taxpayers?

Why would the city agree to wrongdoing if not guilty?

Why does the city not disclose the amount of the settlement?

Why does the city not want anyone to know?

My gut instinct, my intuition, like part of what the police used to jail this guy, tells me that there is more to this story, much, much more. This story has legs and is shouting from the rooftop for investigative journalism.

Hey WoofWoof -
I did make a request to the city asking how much they'll pay out. The attorneys just made the deal, so apparently the city doesn't have records of the transaction (they're using outside counsel and insurance is actually footing the bill, so at this point, that's not a red flag.)
I'll send another request in after the judge has signed the order for dismissal, when it's more likely to be fruitful.
Leslie Wilber

Justamom, in my opinion, you are wrong on so many levels that I'm gonna move over to "Fergie the chicken" story.

Before I typed away I decided to do some research. Using public records I found his background to be more than "innocent".
4 Counts of Theft
1 count fail to identify/ficticious information
Class A Assault
Forgery- TO DEFRAUD OR HARM ANOTHER

Seriously, maybe there were holes in the case. I haven't followed it. However, given his background he was probably known in a certain circle. How did the CI know his name. I doubt he picked up a phone book and radomly chose. He may or may not have been guilty of this latest arrest, but he should NOT have been given a settlement. He is a criminal, criminals do not deserve any reward.

woofwoof,

good question. it's probably public record. you might be able to find it on the internet.

RE: Superdad said "wander what other hispanic or black that is being charged by 'guilty by association'"
WHY DO YOU HAVE TO GO THERE?? THERE WAS NOTHING IN ANY OF THESE POSTS THAT EVEN REMOTELY COULD BE TAKEN AS RACEST

Not to rain on the DA love fest, but who approved the search warrant with zero evidence? More local due process?

see here...
http://www.oag.state.tx.us/opin/opind...

What Judge signed the warrants based on zero evidence but a CI's droppin' a dime.Victoria's due process procedure.

wander what other hispanic or black that is being charged by 'guilty by association' which seems to be law around here. That is why there are Federal laws on racial profiling and EQ! VA can do open request and see who else is locked up and maybe poor but by god is a 'gang banger'. Maybe but lets charge him and not assume. Use DNA...or simple evidence and have creditable witnesses.

We are the taxpayers who paid the bill. How much was it????????????

www.innocenceproject.org

I would also like to say great work Mr. Tyler, and thank you for your service to the community. Keep fighting the good fight!

Former interim city attorney Hyde, which I believe is still retained by the city, has made a career of fighting information requests and open meeting act issues. There are a number of attorney general opinions he has contested in court and cost his clients a great deal of money. Will be interesting to see if the Advocate is successful in their request or if the entire issue ends up with Hyde contesting everything including the attorney general of Texas. I can see the dollar signs spinning.

This is the very reason why Mr. Tyler is needed. This is the very reason why he insisted that the police sign an affadavit stating that everything in their investigation is true. He has no control over the time-cycle in which a case is finally presented to him. THAT is why we STILL NEED this man of integrity. It's just too bad that Mr. Tyler can't do everything himself. When I get back to Victoria, I am going to find Mr. Tyler, shake his hand and tell him THANK YOU for pprotecting us all from wrongful prosecutions. Mr. Tyler should be the Governor of Texas. But, I suppose that will never happen, since he is NOT in the good ol' boy network. He stands alone and unsurpassed.

Leslie, it's time to drop the "The Public Information Act" on 'em.
Attorney General Greg Abbott will be most helpful.

Where are those who call criticism of the police BS and defend the cops at every step of the way? Where is Ure and his magic word processor to explain why this really isn't a disaster and the officers involved were acting in good faith.

Please, Victoria Advocate, don't let this story go away or be swept under a rug. The citizens, the taxpayers who fund the police department, deserve to KNOW exactly what happened and what is going to happen now that the story has seen the light of day.

There is a cancer growing on VPD that cannot be exorcised by out of court "hush money" settlements being paid.

How long will it take for the good ole “This comment was removed by __ for violation of the usage agreement” to kick in for those criticizing VPD?

This is another example of Victoria’s mediocre law enforcement agencies and the reason they loath Mr. Tyler. Those who claim “serve and protect” would rather see this innocent man in a prison cell than expose their incompetence.

Mr. Tyler, the innocent people in Victoria need you.

Barry...I would remind you that Tyler accepted the case on good faith. He believed in the investigative abilities of the VPD..which, as it turned out, was a mistake. Once the case was presented to him, and his office was given a chance to scrutinize the work of the VPD, the flaws became apparent. That's not an overnight process, though. It can take weeks or months because of the caseload the DA office has. If the VPD had conducted a thorough and competent investigation IN THE BEGINNING Mr. Buckner would not have been ARRESTED BY THE VPD in the first place. Again, it was cases like Buckners (and others) that prompted Tyler to ask for the affadavits.

Simply put...Mr. Buckner would not have been arrested, would not have spent months in jail, would not be receiving a settlement from the City of Victoria if not the for the FAILURE OF VPD ( a city of Victoria entity) to do their job correctly.

Kci: I would remind you, that Tyler accepted the apparently flawed case and as such should be held as accountable as the arresting officers for Mr. Buckner's undue suffering.

Zorro: The word alone of a confidential informant is not enough and never has been. I know several police officers in other cities and there are numerous checks and balances in place to try and insure that information obtained and used from them is accurate and worthy. Unfortunately, the kind of trustworthy people the police would like to get information from aren't generally in position to know much if anything about the crimes being investigated and if they do, they usually don't care to get involved due to fear of retaliation.

Lastly, I believe the taxpayers of Victoria absolutely have the right to know how much this is going to cost us. Ineptness should not be tolerated.

"The great power of the GESTAPO was "Schutzhaft" -- the power to imprison people without judicial proceedings on the theory of "protective custody." This power was based upon the law of 28 February 1933 which suspended the clauses of the Weimar Constitution guaranteeing civil liberties to the German people"

Those who cannot learn from history are doomed to repeat it!

Many defenders of the VPD have been critical of the DA and his actions. Remember that it was the DA who wanted to the police to sign affadavits that basically said they had conducted a thorough investigation and stood behind their work. The VPD and their supporters threw a hissy fit, and the VicAd Editorial Board went ballistic in their condemnation of Tyler.

Wel, well...look where we are at now. It was exactly these type of situations that Tyler was trying to avoid. Buckner was arrested and charges filed (2006) before Tyler took office, and when he did he realized the poor investigation that had taken place and dismissed the charges. Unfortunately this man had already lost more than 5 months of his life.

Why is Bruce Ure not being held accountable for the misdeeds of his officers? Why were the officers involved not punished?

I hope this man received adequate compensation. He deserves it.

This behavior has become typical for our police dept. They now generally carry the attitude that 'We the People' are guilty until proven innocent. Have you noticed the signage on the patrol cars. It used to say 'To Protect and Serve'.

OMG correction, 6 1/2 months.

Wow, an innocent man, 5 months gone. He'll never get that time back. I hope this is "how he made [his] millions." Whoever oversaw this monumental goof needs to lose their job.

The "confidential informant" received leniency almost twenty years ago. He is the reason law enforcement go DIRECTLY to a house with warrants and make arrests. Meanwhile, in his personal life, he victimizes women in every imaginable way, especially those in recovery programs. Those who go to law enforcement for help are victimized again. One friend asked him for money he had borrowed and the police were in her front yard the next morning "looking for drugs". Police reports these women make are "altered". Complaints are dismissed with ridicule. He is low life - but the extent to which law enforcement believes what he says is evident here.

This time the cops weren't acting in their revenooer guise. They were ruining a man's life. Five months in jail while innocent is beyond explanation. If it happened to me or most anyone else, the job would be gone, the savings would be gone, the house would be gone, the car would be gone; all because the cops relied on a crimi...uh, that is confidential informant who lied. What happens to the CI when this happens? What happens to the cops when this happens? The cops who filed these charges should be fired and prosecuted. These are not the kind of police officers I want representing the city of Victoria. At least the revenooers on patrol only get into a person's wallet with the fines and affect a his insurance rates. These clowns put an innocent man in jail for five months and ruined his reputation in the city. People, being like they are, generally believe that people are in jail and charged with crimes because they committed them. People want to believe that the cops are acting honestly and honorably. So, when a person is charged like this man was, his reputation is destroyed. The cops in this case can't even blame their actions on a dog. These people must go away.

Chief Ure, I'm looking forward to another op-ed article in the Advocate explaining THIS one as an example of fine police work.

The case was built on the use of a confidential informant?

Police routinely use the word of the lowest form of human existence known to man as the basis for making an arrest. Every person in law enforcement knows that these CI lowlife informants will say anything to get a more lenient charge for their complicity in a crime. It is a disservice to the community at large to have the details of a case such as this hidden, covered up, and the details kept from the public. It does not help build public confidence in the police. Where is our Chief of Police Bruce Ure today? He is alwayus mugging for the camera and looking for a reporter 24/7. Why is he mum on this? Was this yet another example of his community policing?

When justice is distorted, perverted, and destroyed, it should not be allowed to go unrepentant and unreported.

I agree, I don't want that "Good ol boy " thing in our town.. We need to know the facts and what our money is going to.. We pay for the insurance if you were confused...
We can't have these screw-ups all the time... Is it a virus now or what.. seems someone is missing, something all the time allowing the bad guys to get off...IMO

Don't give up on this Advocate. If it's the City, then we should all know, right??