http://www.tylerpaper.com/site/news.cfm ... 6369&rfi=6

Followup to http://www.alipac.us/ftopict-7362-.html

GRAND JURY NO-BILLS TYLER POLICE OFFICER
By: KENNETH DEAN, Staff Writer
08/11/2005


GOMEZ
A Smith County grand jury no-billed a veteran Tyler police officer accused of using excessive force on a pair of illegal immigrants during a July 15 traffic stop.

However, one of the men was indicted by the jurors on the charge of felony evading arrest in a vehicle.

Smith County District Attorney Matt Bingham said that Dale Feuquay, the officer, was no-billed on all charges Thursday evening.

Bingham said two cases of official oppression, one case of assault and one case of injury to the elderly were presented to jurors against Feuquay, who was named Officer of the Year by the Tyler Patrolman's Association at an April ceremony.

"After hearing and reviewing the evidence, the Smith County grand jury did not find any probable cause to believe that Dale Feuquay had violated any criminal law surrounding the July 15, 2005, incident involving Ramone Gomez and Jose Romero and that Feuquay was justified in his actions against Gomez and Romero," he said in a prepared statement.

Tyler Police Chief Gary Swindle said that although the grand jury did not find criminal wrongdoing, that Feuquay's employment with the department is still in question.

THE INCIDENT

Officers responding to a July 15 shooting call at Line Street and South Beckham Avenue spotted Gomez and Romero in Gomez's blue-green pickup and attempted to stop it, based on information from bystanders, that it was possibly the shooter's vehicle.

However, Gomez, 33, did not stop but returned to his home, pursued by officers, who said the man was driving erratically and putting other motorists in danger as he ran through stop lights and stop signs at excessive speeds and drove the wrong way up an access ramp.

He was indicted on the third-degree felony charge of evading.

Romero, 68, and Elisama Resendez, Gomez's common-law wife, told the newspaper last month that officers beat and kicked the two men and used pepper spray on the elder man.

The alleged use of excessive force was discovered on Feuquay's in-car video the following week by a Tyler police supervisor and reported to Swindle.

Swindle said Feuquay was immediately placed on administrative leave with pay and the district attorney and the FBI were contacted.

The police chief said in an earlier report that he felt the case should be reviewed by the district attorney for possible criminal wrongdoing and the FBI for possible civil rights violations.

Jeff Millslagle, supervisory agent in charge of the Tyler FBI office, said his office was conducting a review of the case and would forward its findings to the U.S. Department of Justice.

FEUQUAY'S TPD CAREER

When asked whether Feuquay could be terminated through administrative policy even though he was not indicted, Swindle said, "One does not have anything to do with the other."

Feuquay has worked as a patrol officer, dog officer and negotiator during his career with the Tyler Police Department.

He has been shot at and was assaulted by a self-proclaimed drug addict who stabbed him with a syringe full of methamphetamine. That suspect was sentenced to life in prison in June 2004.

Feuquay was also awarded the Tyler Police Department's Police Shield in 2003.

Swindle said Feuquay was never ordered to take time off for excessive force until the present investigation.

"He's never been disciplined that resulted in time off for excessive force," he said.

However, Swindle said that would not swing the investigation and any administrative punishment.

"Any time there is this type of case, the range of punishment is anywhere from some sort of written discipline all the way up to and including indefinite suspension," he said. "It's going to be a top priority and we are going to move on it.

Swindle denied the request for the release of the video taken from Feuquay's car on the basis of an ongoing investigation.

"Yeah, it's real simple. There is an internal investigation to complete, and also the driver (Gomez) was indicted and they still have a trial to go. This is really something that Matt (Bingham) will have to decide, but if you play this video, does that make it more difficult for him to pick a jury?" he said.

Bingham's office also declined to release the video.

Swindle said he believed it was important that citizens know his department will not tolerate any type of conduct unbecoming an officer, but would not make any guess as to what type of disciplinary action would be meted out against the veteran officer.

"An officer's reputation and character is always subject of being scrutinized ... We will finish the investigation and when the investigation is complete his chain of command will review the whole case and they will make a recommendation to me on what they feel is the appropriate discipline," he said.