Affidavit: chaotic arrests

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Waco – Court papers filed in support of charges against an entire family arrested in a melee over a shoplifting charge eight days ago at a local Wal-Mart Super Center on January 6 expose the utter chaos the merchandiser’s loss prevention specialists, police officers, and the parents of a 15-year-old female juvenile faced during the tense minutes of their detention inside a security substation.

The episode left the child of Victor and Melissa Bias Pool charged with assault of a police officer, her parents with failure to identify themselves, interfering with the public duties of a police officer, and resisting arrest.

It is the first release of any official records involved in the case. As a result, the child is still detained in the Bill Logue Juvenile Justice Center because her parents have refused to sign off on a psychological evaluation. According to her mother, “I asked the Judge, a man named Mayfield, why my daughter needs a psychological evaluation, and he said he has no idea.”

The affidavit of warrantless arrest filed with Jail Magistrate Virgil Bain shows little difference with the account the couple have given of the events surrounding their arrest, except for the confusing matter of Officer Sellers, Belmead P.D. badge No. 323, noting that he told the couple to leave the security substation after they had forced their way inside. He alleges that Melissa Pool tried to take her daughter and leave.

Her father disagrees. He says that the couple were first ordered to leave, then when they tried to do so, the officer changed his mind and decided to arrest them. He and his wife also insist that their daughter was injured by “pain compliance techniques” that involve putting pressure on nerve endings under the nose, as well as “slamming” their child’s head into a desk top. They claim she was bleeding from her nose when they arrived at Wal-Mart.

The dispute with police arose when her cousin, Temperence Chere Estelle, 23, placed on her hands inside her purse and refused to remove it. She had earlier made a phone call to alert the Pools after Wal-Mart security officers told her to put her phone away. The Pools’ 15-year-old daughter at first refused to put her phone away, then placed her hands in her pockets and refused to remove them. “Officers then attempted to use pain compliance techniques,” which include pulling back on the nostrils and forcing a hand over the mouth, and “Officers used locks and nerve pressure point beneath the nose. Officers were then able to obtain the phone.” Both Estelle and Mrs. Pool attempted to get between Officer Sellers and her daughter, and Victor Pool refused to leave the office when ordered, according to Sellers.

Pool disagrees with the officer’s allegation that he “chest bumped” him, and he says he was unable to leave. “He was then told he was under arrest from interfering. He then refused to be handcuffed.” The officer wrote that he then used his TASER on Pool’s left shoulder blade and right buttock in a cycle of five seconds.

All four subjects were refusing to identify themselves.” Estelle was charged with theft under 50 dollars, interfering with the public duties of a police officer, and resisting arrest and transportation.

Jail Magistrate Virgil Bain released the affidavits as court records, subject to public scrutiny under the provisions of Rule 12 of the Rules of Texas Judicial Administration.

We of The Legendary intend to request release by the Bellmead Police of the video surveillance footage of the loss prevention substation and DASH camera video of the delivery of the couple to the McLennan County Jail, and a release of the jail surveillance video from the McLennan County Sheriff’s Office.

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