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Turner Pledges Day of Reckoning on Use of Excessive Force

July 28, 2005
Ramon Garcia and Jose Romero in the 400 block of South Clayton Avenue on July 15. (Staff Photo By: Tom Worner

Reaction to reports that two men, one of them a senior citizen, were beaten and pepper-sprayed by Tyler police during a case of mistaken identity ranged Thursday from shock and disbelief to anger.

Fallout from the arrest of Jose Romero, 68, and another man, Ramon Gomez, 33, continued Thursday, igniting emotions among city and community leaders.

Tyler City Manger Bob Turner pledged an internal administrative probe - separate and above that of the police department's investigation - into what he called a "cowboy mentality" among some officers.

"The day of reckoning is coming and I'm the one bringing it," Turner said. "An attitude of police brutality will not be tolerated; it's just uncalled for - there are too many ways to deal with problems."


Romero and Gomez were stopped by police on July 15 after they were mistaken as suspects in an unrelated drive-by shooting, prompting department officials to place one officer on administrative leave.

At least three supervising officers are also under scrutiny after taped footage revealed that they may have observed the alleged excessive force incident, but did not intervene or report it as required by department policy.

Turner said the incident cast a negative light on the entire department, not just the officers caught up in the probe.

He expressed both disappointment and anger over the officers' alleged actions and the vast amount of money spent annually for their education.

"I'm constantly signing off on them (police officers) to go to different training for particular situations, and this is not what I'm going to have in the department, a bunch of freelance cowboys who will come off acting like 'We're the police and we're going to do what we want,'" Turner said. "That's just not going to happen."

Romero said this week that an officer shoved his head against a dashboard and hit him with a flashlight as he sat, arms raised. He claims also to have been pepper-sprayed and kicked.

A photo taken of the man as he was being arrested on a charge of public intoxication shows he was dirty, his face swollen and red.

Police said later that Romero and Gomez, the stranger who was giving him a ride, had nothing to do with the drive-by shooting that had occurred minutes earlier.

Romero, an illegal immigrant, said he accepted a ride after his bicycle broke down as he was collecting cans for extra money.

Although police have been reluctant to publicly confirm Romero's account, Turner was quick to express his opinion.

"I have not seen the tape," Turner said, "but I can tell you this: All it could do is infuriate me more on a particular officer to go over and see the tape that supports what I read in the paper today. I could not be any more disturbed about the incident than I am right now.

"That is just not the way this city's police force will be seen - it's just not," the city manager said. "And regardless of how this comes out, I don't care who gets involved and who makes their investigations, or what's said or done, there's going to be a reckoning and it's going to be in front of me. This is not an attitude that will prevail in the Tyler Police Department at all."

Turner said the city has worked hard to build relations with minority citizens, citing last year's formation of leadership groups.

COMMUNITY LEADERS RESPOND

Hispanic leaders said troubled interaction between minorities and law enforcement goes far beyond this one incident. Two community leaders cited lingering citizen concerns over statistics released in a 2004 report from the Steward Research Group, which highlighted Tyler police as having a higher rate of minority stops and searches.

Blacks and Hispanics were stopped three times more often than whites, and black drivers were 1.9 times more likely to be subjected to a search than white motorists, the study reported.

On the department's behalf, Police Chief Gary Swindle hired an independent consultant to examine the findings, which could not be refuted.

Salvador Sanchez, vice president of the East Texas Hispanic Ministerial Alliance, said Thursday that his constituents were "very concerned" over the alleged excessive force incident, particularly upon learning Romero's age.

"My opinion is that we're back to block one," Sanchez said. "They tried to make things mend after the first report came out. They were giving tickets to mostly Spanish or minority people. And now they come up with this. That's a big negative for the police force. It's not right for them to try to hide or walk away."

Sanchez said he has received reports from other Hispanics claiming instances of mistreatment.

"It makes me feel upset - it makes me want to get up and try to get the rights that our Spanish people deserve," he said. "I think most of them feel that the city doesn't really want them, the city doesn't want to be cultured to their presence here. Spanish people are here; they really are the highest-employed in work that most people don't really want. They are trained professionals, but then they get a slap on the face with this."

Members of the Hispanic Ministerial Alliance plan to meet Friday to discuss the community's reaction and how to address it, he said, noting that effective communication is crucial.

"We're going to approach the city managers themselves and try to figure out how to talk to the chief," Sanchez said. "We want to get a feel for how he really feels about this. It was a surprise, what I saw, especially the age of the person."

Former Smith County Commissioner Gus Ramirez, an outspoken leader in the Hispanic community, agreed.

"It was shock to me," Ramirez said. "Mistakes happen, I don't like it. I talked to the city manager and he said it was awful; I talked to the mayor. I haven't talked to any Hispanics that like it at all.

"Yes, that man (Romero) was an illegal alien, but he has the same human rights as you and me when he is in this country," Ramirez said. "It's something that needs to be corrected, it should be corrected and I know it will be corrected - this was a disaster and that has been admitted by top officials in the city. The Rose Capital is wilted - that's what some of the Hispanic community members are saying."

The incident came to light after another supervisor conducted an in-house review of the car's videotapes, police said.

CITY LEADERS SPEAK

When contacted Thursday, elected city officials expressed unanimous optimism that the chief will "do the right thing" when it comes to disciplining those involved.

Tyler elected leaders reached Thursday said that they had not seen the tapes, but would do so at the appropriate time, as necessary.

"Any time there are allegations of inappropriate behavior, then we take that very, very seriously," said Tyler Mayor Joey Seeber. "I'm pleased that the chief has taken the situation seriously and I trust that in the end, he'll deal with it appropriately."

Seeber said he planned to view the videotape when it is made available.

"I want to do that, but I don't want to interfere in the investigation," the mayor said. "I think it's important that the police chief and the Internal Affairs department handle the case at this time. I think it is important that people take note of the fact that this was an incident that was brought to the attention of the chief as a result of internal police communication, not an external complaint."

Seeber said he believes the vast majority of officers take their duties seriously, adding, "They also understand that if one of their fellow officers is out of line, then it can reflect badly upon all of them."

District 6 Councilman Charles Alworth said only, "I'm very saddened over the incident."

Nathaniel Moran, who has served as the District 5 council representative for two months, said he planned to give the authorities the space they need to sufficiently address all the questions, and expressed confidence that the investigation would be thorough.

"I've visited with the chief and I do know they (police) follow the Blueprint," Moran said. "The No. 1 thing on the Blueprint says they will be responsive to the citizens' needs and be citizen-friendly. I don't think it's a good policy, as a new councilman, right off the bat, to give the police the third degree."

District 4 Councilman Chris Simons said, "Obviously you want all citizens to be treated equally, fairly and justly. We need to make sure that is a common thread in how we address these types of situations. I think the tapes are there for a reason and that is to review circumstances. Tapes don't lie - they are very factual and probably a good piece of evidence that will come out with the punishment."

Council members Derrick Choice, Joyce Armstrong-Scurry and Steve Smith could not be reached for comment.

Tyler Police Department policy on use of force

Staff writers Kenneth Dean and Mark Collette contributed to this report.

Jacque Hilburn covers Tyler city government, planning and zoning and the Parks Board. She can be reached at 903.596.6282. e-mail: news@tylerpaper.com

This article was emailed to me by a friend. She feels. and so do I, that "maybe even the police are losing their patience over illegal immigrants INVADERS!!!!"