(TX) Off-Duty Officer Fires at Teens TP'ing his yard

[Drizzt]

Late-night shooting still under investigation

By Jeff Morris
Texas City Sun

Published August 18, 2002

Childish pranks turned into a potentially deadly situation early Saturday morning when a local home owner took matters into his own hands.

According to police reports, some Texas City high school students were not getting their beauty sleep. Instead, they were roaming the streets, pulling pranks like “rolling” or “wrapping” yards with toilet paper, apparently as part of a hazing ritual associated with the high school band.

They may have chosen the wrong neighborhood.

When an off-duty Galveston police officer heard a commotion outside his Texas City home, he investigated, finding bathroom supplies in his trees and one his autos.

When the teens returned to the scene of the crime, he was ready. The officer, who was not arrested, reached for his shotgun before he chased the suspects away, firing at the pickup truck twice as it sped away from the 2500 block of Eighth Avenue North.

Texas City Police responded to the scene, but no charges have been field as of Saturday night.

TCPD officers Corp. Steve Byrd, Corp. Brett Cyr and officer Billy Goodwin are investigating the incident that was described as a case of hazing by a group of students.

“They call themselves the Platinums,” a TCPD officer said late Saturday night. “They apparently have been doing this for some time, pulling stunts earlier in the week.”

The source also indicated that TCPD officers took the shotgun into custody and that the off-duty officer cooperated with the late-night investigation, turning over the firearm.

Texas City police investigator Brian Goetschius said police are evaluating the situation and discussing the facts with the district attorney’s office.

“The case is under investigation,” Goetschius said late Saturday night. “We’re taking statements and gathering information to present to the DA who will determine if any charges will be filed.”

http://www.texascitysun.com/report.lasso?WCD=451

 

[Greg L]

If that was someone other than a police officer he would be rotting in jail for a long time and it would have made national news (especially if someone was hit). Hopefully this guy gets some time in a small secure room to think about how stupid he was. True cleaning up toilet paper is a pain but it shouldn't be a capital crime.

Greg

 

[Seeker]

firing at the pickup truck twice as it sped away from the 2500 block of Eighth Avenue North.

What a loose cannon! A complete lack of good judgement - and to think he has a job that calls on him to use good judgement at all times. Good thing the took the shotgun away - I hope they takle his job away too!

 

[tyme]

A few years ago my old highschool banned (well, no longer tolerated) rolling the weekend of major sports events. Why? Some parent chased a few students off his property with a firearm, and the school was worried about liability.

 

[Blackhawk]

firing at the pickup truck twice as it sped away

Was the pickup hit?

Or maybe he just fired into the air?

Just curious....

 

[slick slidestop]

I wish I knew the officer's name, That's my neck-o-the woods

Galveston has recently hired a lot of younger rookies....it might be one of them---regardless, what a Dumb***. I hope he does time.

I also hope this doesn't fall under "criminal mischief at nighttime" where Deadly force is ok in Texas

 

[slick slidestop]

Here is a little better News article...


By Mark Garay
ABC13 Eyewitness News

(8/20/02) — A veteran police officer of more than 20 years is under investigation. It comes after allegations that he shot at Texas City high school students.

The incident happened Saturday night at the officer's home in the 2500 block of Eighth Avenue North in Texas City. The students were reportedly taking part in an annual tradition of wrapping certain people's homes in toilet paper.

It's called wrapping. It's a long-standing tradition among upper classmen with the Texas City high school band, in which they basically wrap the homes of freshmen in toilet paper.

Last Saturday, an off-duty Galveston police officer who lives in Texas City shot at a group of teens who were apparently doing just that. Now the Texas City Police Department is investigating.

When Nicolas Rac walked outside of his home around 2am Saturday, he noticed that someone had wrapped his house. But when his daughter, a junior band member, told him that she didn't think it was a prank, he grabbed his 12-gauge shotgun.

"So when they came back, he was proceeding with the information that he had that they were back to do more damage," explained Rac's attorney Greg Cagle.

Five teenagers in two cars returned to snap pictures, apparently, of the toilet-papered trees, and the shaving-creamed sidewalk. When Rac appeared with his shotgun, the kids returned to their vehicles.

"The kid then turns the headlights on, turns the high beams on, puts it in drive and drives directly at him. That's when he fired the gun," said Cagle.

No was hurt, but the fleeing truck was shot twice. The incident has now been referred to a Galveston grand jury, and Rac could face a third-degree felony charge of deadly conduct.

"What did the off-duty officer do?" asked Galveston County District Attorny Mike Guarino. "What was going through his mind? Why did he bring a weapon out there? And was he justified in displaying the weapon? Was he justified in firing the weapon?"

Was it a misunderstood prank, or a malicious act of vandalism? Texas City police are preparing evidence for the grand jury.

"We're preparing diagrams of the scene, getting our pictures ready," Texas City PD Sgt. Brian Goetschius told Eyewitness News.

Meantime, Texas City school officials know about wrapping, but they say they don't condone it. Wrapping incidents, they say, are parent-supervised, and the families of targeted houses know that it's coming.

"These were kids who went back to a home at two in the morning, without any criminal involvement, without anyone knowing," Texas City School District spokesman Stephen Hadley said.

As it stands, the local school district is going to be working with the mayor's office to try and figure out ways in the future to possibly dissuade students from doing wrapping.

One critical question in this case -- did the officer really indeed feel that his life was in danger? And did that car really come at him? Or was this just a prank and was that truck trying to flee? That's one question the grand jury's going to have to decide, and they should get this case in the next several weeks.

 

[Jim V]

slick slidestop, thanks for the link and story. There are still a number of questions that will come out in the grand jury, I hope.

Did the kid drive at him to hit him or was it because there was no other place for the kid to go?

Why did the daughter think that it wasn't a prank?

And would the Prosecuting Attorney be as understanding about the shooting if the shooter was Joe Citizen and not Joe Off-Duty Cop?

 

[Capital Punishment]

If he just shot into the air, i think thats fine. The kids wont do it again to his yard, and they will have to spend money on new underwear.
Shooting at the kids is another story........

 

[slick slidestop]

I may have been editing the text....I just tried posting the article.....can you see it now ????

In this article, it has the kids driving their car at him.....or so HE says.....

Galveston and Texas City PD are both a couple of Good Ole Boy type depts....I doubt he will be true Billed. The Blue Wall is alive and well here.

I should also say I am Pro-Police and overall Galveston Officers are avery fine group of professionals, but when something stinks I still yell Foul .

 

[mrat]

I also hope this doesn't fall under "criminal mischief at nighttime" where Deadly force is ok in Texas

Since my time on TFL I have seen many posts from members that live in Texas and have brought up this "criminal mishief at nighttime" statute. This Texas statute is broadly cited as to how Texans can legally do all kinds of things, including deadly force, to protect themselves, others and their property at night. So why is this case different?

 

[croyance]

If he just shot into the air, i think thats fine.

You forgot about gravity. It all lands somewhere. When you fire into the air, you are endangering other people. In third world countries, they sometimes fire into the air to celebrate weddings, the new year, etc. The falling rounds often kill people.
To put it another way, if your rounds come near me, I will try to return fire.

 

[GunsnRovers]

If he just shot into the air, i think thats fine.

Please explain how this is "OK" to do. Either you use a gun properly or you don't. These weren't coyotes in the yard he was trying to scare off somewhere in the sticks, these were people in his front yard in a neighborhood.

In third world countries, they sometimes fire into the air to celebrate weddings, the new year, etc.

Third world? Try Phoenix or Los Angeles on New Years Eve...


This cop was an idiot and I hope they nail his a** to the wall. It's going to take a whole lot to convince me that having your house TP'd escalates into more then hazing. Get a license plate #, description of the truck, etc. You know, the things you're supposed to do to report a crime.

If you wake up one night to hear kids in your front yard TP'ing your house and egging your car, going outside with a 12 gauge is NOT the answer. An adult would realize this and a cop with 20 years under his belt should definately know better.

Jeff

 

[Fred S]

Gee, this happened to me when I was a teenager. There was a TP war going on in my high school (in Toledo, Ohio). There was popular band member who's house never got TP'd as it was well guarded. Well myself and two buddies put on dark clothes, blackended our faces and camoed up, real commando like. We cased the house and then about 11 pm started to TP it. We were just about finished when someone cam running down the alley at the side of the house yelling "stop." We, we all took off into the park across the street which went doen into a bowl like terrain with woods across the other side. One of my buds was on the heavy side and couldn't keep up, he fell behind. The guy chasing us yelled stop again and then I heard two gunshots. man did I become Jesse Owens in a heartbeat and flew int the woods, through, them to the RR tracks and off into another neighborhood, the after burner was on. About an hour or so later my other friend and I ralleyed at our car. Soon the larger friend showed up and said he got caught. He told us that this guy came down hill yelling "stop" and then fired a pistol into the air. He stopped and we flew away. The guy was an off duty cop sitting in his living room and saw us TPing the house. he cuaght our buddy and made him clean up the TP and aopolgize to the home owner, then on the owner's request let him go.

We never told anyone about this, but to this day I thought the cop firing his pistol into the air was dumbest thing, and most overeaction I've ever seen. He knew what we were doing, no need to bring a gun into it.

 

[buzz_knox]

This new version comes from his lawyer. Translation: spin control. And not to be trusted on first blush without supporting evidence/coroborating testimony.

 

[ojibweindian]

There is a simple lesson here. If you don't want to get shot at, don't screw with people in the middle of the night.

 

[George Dickel at Work]

I'm not condoning his actions but the article said he used a shotgun, not a pistol or rifle. If it is true that he did shoot it in the air buckshot isn't going to cause much if any damage falling back to the ground. His act definately needs to be criticized and investigated but let's not get hysterical about it and try to build it into something it's not.

 

[Jeff OTMG]

mrat, here is the section to which you refer:
'to prevent the other's imminent commission of ... criminal mischief during the nighttime'
This WOULD have been considered justifiable under the statute you quote IF he had caught the kids in the act. Lethal force is only justifiable in Texas to 'PREVENT' the acts to protect property, they are clearly NOT for punishing the acts stated in the statute.

If he did truely believe that he was being attacked then he is covered under Texas Penal Code Chaper 9.31:
'a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force.'

Without one of these two conditions being met, then he is in serious do-do. The reason being that even if he fired into the air, the use of a firearm is automatically considered deadly force:
Texas Penal Code Chapter 9.01:
'"Deadly force" means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.'

Nor is the use of deadly force necessarily legal in Texas to proctect against trespassing, only reasonable force is permitted. In fact a rancher near Bastrop was arrested for taking a shotgun to the door with him to chase off some solicitors. Never pointed the gun, but the presence of the gun implied the use of deadly force. Texas Penal Code Chapter 9.41:
'(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.'
The use of deadly force is an option, but is not the first option.

 

[Blackhawk]

"The kid then turns the headlights on, turns the high beams on, puts it in drive and drives directly at him. That's when he fired the gun," said Cagle.

No was hurt, but the fleeing truck was shot twice.

So, was the truck hit, and if so, where?

Two shot patterns on the front end with powder burns is a whole lot different from a few pellets in the side or tailgate.

 

[C.R.Sam]

Phoenix and Los Angeles ARE third world countries.

Firing into the air indicates that the shooter does not care who he hits.

Good shoot vs bad shoot.....reserving judgement due to incomplete information.

Sam