Thread: Irving officer wants job back

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Irving officer wants job back
'He didn't do anything wrong,' lawyer says; motorist files suit after assault acquittal


12:00 AM CDT on Saturday, April 22, 2006
By ERIC AASEN / The Dallas Morning News


Now that a jury has found a former Irving police officer not guilty on charges that he assaulted a motorist, the fallout has begun.

Dan Miller wants his job back, but at least one community leader vehemently opposes his return to the Police Department. Meanwhile, a lawsuit was filed Friday on behalf of the motorist against the city of Irving and Mr. Miller.

Mr. Miller was fired after using a metal baton and pepper spray on Jose Palomino during a traffic stop last year. Mr. Palomino, an illegal Mexican immigrant who doesn't speak English, testified this week that he couldn't understand Mr. Miller's commands. But the former officer said he feared for his safety and felt his only option was to use the baton.

A jury, which viewed squad car footage of the incident, on Thursday found the 28-year police veteran not guilty.

The lawsuit, filed in Dallas County civil court, alleges that Mr. Miller assaulted and committed official oppression against Mr. Palomino, said Domingo Garcia, a Dallas attorney whose office will represent the motorist. The suit also alleges the city was negligent in failing to properly train its officers in physical restraint and basic Spanish.

Charles Anderson, Irving's deputy city attorney, said he couldn't comment on specific details until he had seen the lawsuit. Mr. Miller's attorney, Bob Baskett, also hadn't seen the suit Friday.

The lawsuit seeks $1 million in damages and an apology from Mr. Miller, Mr. Garcia said.

"We had waited until after the criminal trial was over, but I expected a not guilty verdict would come, like the Rodney King case," Mr. Garcia said. "Mr. Palomino will seek justice in civil courts, and we'll have additional witnesses and evidence."

Mr. Miller, the former leader of an Irving police officers' group, said Friday he's trying to get his job back, but he declined to comment further.

Mr. Miller, who will pursue a civil service appeal hearing to address his termination, should get his job back "because he didn't do anything wrong," Mr. Baskett said.

Officer Keith McCain, who has served as Fraternal Order of Police president in Mr. Miller's absence, said he supports his former colleague's goal of returning to work.

"I think the jury made the right decision," he said. "We're all in favor of Dan Miller fighting to get his job back."

But Anthony Bond, former president of the NAACP's Irving branch, said Mr. Miller doesn't deserve to be back on the force.

"If he is allowed back on the Irving Police Department, I will do everything in my power to stage one of the largest protests in Irving history," Mr. Bond said.

Manny Benavides, president of the Irving chapter of the League of United Latin American Citizens, wouldn't comment on Mr. Miller's future with the department. But he said Friday that Mr. Palomino was treated worse than an animal during the traffic stop and called the incident a "travesty" and an "abuse of authority."

Mr. Baskett told jurors that Mr. Palomino was responsible for the beating because he made "conscious decisions" to ignore Mr. Miller's commands and purposely hid his hands from the officer's sight. Mr. Miller testified that he used the baton because Mr. Palomino hadn't responded to the pepper spray.

Police Department morale hasn't been good as a result of Mr. Miller's situation, Officer McCain said, in part because employees weren't pleased with the way the incident was handled.

"It should have been handled internally," Officer McCain said.

Irving Police Chief Larry Boyd couldn't be reached for comment Friday. Last year, he called the incident "an extremely unfortunate situation" and said Mr. Miller's behavior "is outside what we'll allow and tolerate."

Mr. Bond and Mr. Benavides said that the incident is a reminder that the Police Department needs do a better job of reaching out to Irving's growing minority population. About one-third of Irving residents are Hispanic and 10 percent are black, according to the U.S. Census Bureau's 2000 data.

Hispanics don't feel respected by Irving police, Mr. Benavides said.

"In order for respect to be expected, respect has to be given," he said.

Mr. Benavides said that more Irving police officers need better Spanish-speaking skills. Mr. Bond also said the city needs to review its policies on use of force.

Most Irving officers have received Spanish-language training, said Officer David Tull, Irving police spokesman. A review of the use-of-force policy is under way, but it isn't related to the incident involving Mr. Miller, he said.


Staff writers Alan Melson and Robert Tharp contributed to this report.

E-mail eaasen@dallasnews.com

Mr. Benavides said that more Irving police officers need better Spanish-speaking skills.

Once again, we have to accomadate them. Leave it to everybody with an agenda to jump in with their 2 cents worth. The world is being turned upside-down.

Just another Illegal Alien that has in some way hit the Jackpot. He will continue his law suite and the attorneys will make the $$$$$. Sounds like some of the other goups that are on the Illegals side are just going to ride the coat tails to stir things up.

If we are all so bad in this country why do thy continually want to live here???

Originally Posted by gofer

Mr. Benavides said that more Irving police officers need better Spanish-speaking skills.

Once again, we have to accomadate them. Leave it to everybody with an agenda to jump in with their 2 cents worth. The world is being turned upside-down.

The whole world has gone crazy! At least the US has.

http://www.dallasnews.com/sharedcontent ... 18c6a.html

Irving police officer Dan Miller


09:17 AM CDT on Friday, May 5, 2006


It didn't take a not-guilty verdict from a jury to show me Irving police officer Dan Miller acted properly in his use of force against an illegal Mexican immigrant, Jose Palomino. Thanks very much to DallasNews.com for posting the dashcam video of the arrest because, unlike most videos that are televised or reported in similar circumstances, this video clearly shows the behavior of Mr. Palomino as well as the actions and audio of Mr. Miller.

The travesty in all of this is that Mr. Miller had to go through it in the first place. The harm to his reputation, his legal fees, loss of income and the Irving Police Department's public relations fiasco are damages that won't be quickly undone. Charging officers who act professionally and with restraint and branding them as racists or brutes discourages people from becoming police officers, kills the morale of good officers and, most important, trivializes the meaning of brutality. We become tired of hearing people cry "racist wolf!"

The "victim's" attorney, Domingo Garcia, and the rest of the police-hate-minorities crowd, paint Mr. Palomino as a harmless, mentally challenged man who doesn't understand English. On the contrary, he responded to Mr. Miller's commands when it suited him (he got out of the car and got down on the ground after being commanded to do so), and he is a large man who acted aggressively in response to the traffic stop. At least twice before being pepper sprayed, Mr. Palomino walked aggressively with clenched fists toward Mr. Miller and only stopped walking toward the officer when he drew his weapon and proclaimed, "I'll shoot you."

Finally, after squatting on the ground, he was sprayed by the officer. This is not inconsequential. Most people are almost instantly debilitated by police spray. Watching the video, it appears the spray had almost no effect on him. His body language continued to be aggressive. To a trained police officer, this is an indication that the suspect could be on drugs or is otherwise dangerous.

Mr. Miller did not provoke more action on the part of the suspect, and he immediately called for cover, waiting until other officers arrived before using his baton on the suspect's legs in order to gain his compliance with arrest. Throughout the entire process, Mr. Miller demonstrated incredible restraint in the face of a large, aggressive and noncompliant suspect. And, as testimony proved, he followed his training.

Seeing a police officer defend himself is ugly; it reminds us of the worst about ourselves and it offends our sensibilities to think people find themselves in such situations. But it must be done. My father's friend, a New Mexico state police officer, was murdered during a traffic stop in 1972 because he didn't defend himself fast enough.

I was surprised to read that Mr. Miller is a 28-year police officer. One might think that someone who was hired on almost 30 years ago might carry with him the legacy of racism so prevalent in society at that time. It's clear in at least this instance he acted properly and with restraint. If he harbors those prejudices, they weren't evident on the video.

There are some who will read this and think that I'm simply another defender of the police. Nothing could be further from the truth. In fact, police officers must be held to higher standards of integrity and professionalism because of the tremendous powers they hold. I'm livid as I watch how Mr. Miller was treated as if he'd violated those standards.

Domingo Garcia should be ashamed of himself. Jose Palomino should be deported. Dan Miller should be immediately reinstated and reimbursed for his legal fees, and his back pay paid with interest. Finally, Irving Police Chief Larry Boyd should be fired for scapegoating Mr. Miller, pandering to ethnic politicians and letting this become anything more than a "routine" arrest.


Alan Robinson is the son of a former New Mexico state police officer. He lives in Grapevine and is a regional manager for a leading security electronics manufacturer. His e-mail address is arobinson14@verizon.net.