Critical thinking applied to “D” shift shows sloppy warrants, paperwork

D Shift arrest stats

 McLennan Sheriff’s Office “D” Shift Patrol Supervisor, Sgt. Chris Eubank, points to inflated arrest statistics for his deep nights unit

“I’ll tell you what they don’t want. They don’t want a population capable of critical thinking. That’s what they don’t want…” – George Carlin

Waco – In a sad commentary to what is considered success in police work, Sheriff Parnell McNamara continues to brag on the fantastic job the deep night “D” Shift is doing on the streets of east Waco, Bellmead, Lacy-Lakeview, and other municipal jurisdictions on the east bank of the Brazos – in the places where poor people of color live.

The truth is, the story is there to give comfort to an oligarchy capable of furious vengeance on people whose only real crime is the color of their skin, and the fashionability of their address.

City law enforcement agencies tolerate giving up the collars made on their citizens because, all things being equal, their policy is to not go to such an effort to convict people on investigations based on thin or non-existent probable cause.

Consider the third degree felony case for evading arrest against Artee Harris made by Sgt. Chris Eubank, patrol supervisor of the Sheriff’s Office Shift D.

By the time Eubank was through, he had involved two other deputies, a detective, and a Justice of the Peace in what was, at best, a case of racial profiling, a high-speed pursuit through city streets, and what is purported to be a horrendous single vehicle motor vehicle accident in which a passenger sustained serious bodily harm.

Oddly enough, when Detective Joseph M. Scaramucci made his complaint to Justice Court Judge Diane Hensley, he omitted the two elements that would qualify the offense as a third degree felony – a previous conviction for evading arrest and causing serious bodily harm to another person as a negligent result of the evasion.

Nevertheless, the judge signed off on the affidavit of probable cause on the basis of Eubank’s statement that he “observed a vehicle traveling at a high rate of speed in the area of Dunbar St.” The location is east Waco, not far from “the cut,” an area notorious for a high incidence of prostitution, sales of crack cocaine, and the kind of late night prowling that leads to gang violence.

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What exactly Artee Harris did to attract Eubank’s attention other than pilot his car through the area at an allegedly excessive speed is an unknown quantity, reading from Scaramucci’s affidavit.

The narrative continues, saying that Cpl. Ballew “got between” Eubank and Harris’ vehicle, after Eubank “trailed the vehicle on Dallas St. to Carver, at which point he initiated his emergency lights.”

The car load of dudes continued “at a high rate of speed” to MLK (Martin Luther King Boulevard) and Mill St., the location of the old waterworks restaurant, where “The vehicle then crashed and flipped.” Fortunately, the deputies were able to “detain” the occupants while they waited for the Waco PD accident investigator to do the honors.

That investigation is still pending, according to a police custodian of records, because “It’s going through legal review…It won’t be available today.”

When Deputy Losak asked why they were going so fast, DeShawn McCants replied, “I told him to slow down, I told him to stop.” Uh huh.

Scaramucci had to contact McCants by phone in order to find out that Harris was “running” from the Sheriff’s Office.

And then Judge Hensley signed off that she found probable cause for a felony warrant on a document “SWORN TO AND SUBSCRIBED before me, this the 14 day of 2015, A.D., 2015.

Well, blow me down. Great day in the morning. No doubt her attention was distracted by the prospect of being attacked by spiders in her shabby office for which she is lobbying a complete redecoration and beautification of floors, window treatments, and lighting fixtures.

It seems court officials throughout greater Metropolitan McLennan County, Texas, are careless about the dates ascribed to certain offenses or official notations thereunto appertaining to such offenses. Recently, a County Court-at-Law judge had no choice but to dismiss a case of DWI against a couple who work for Judge Ken Starr, former Solicitor General of the United States of America, U.S. District Judge, Whitewater Special Prosecutor, and President of Baylor University.

At any rate, though the McLennan County Sheriff’s Office Policy Manual remains an instrument sacrosanct from public scrutiny because the Attorney General’s Office has upheld the notion that any such regard would reveal methods, tactics and strategies employed to detect and investigate crime, veteran lawmen in the area all agree that high speed pursuit of suspect vehicles based on their location only is not just thin probable, but non-existent probable cause. In fact, it’s become such a hot button issue the FBI requires routine tabulations on all such arrests, complete with ethnic and racial details on arrestees.

That’s why the city kitties allow folks like Eubank to take all those high-tone collars of high-tone folks on the other side of the Brazos from where the quality stays.

It’s a screwy case, a bad affidavit, and since it’s still under investigation, according to Records Supervisor Tamma Willis of the Sheriff’s Office, it should be shielded from the public.

We of The Legendary have, out of curiosity, made a humble request for the records on racial profiling kept for the FBI iover the past year to determine if people are apprehended for such offenses as “driving while black.”

We eagerly await her reply, because she is Legendary for her repeated and constant appeals to the Open Records Division of the Attorney General’s Office for opinions upon matters which the attorneys there have not changed their minds an iota, a skosh, or a silly millimeter.

Google that name. You’ll see for yourself.

In memorandizing form fit and fiddle as faddle may be, Eubank continues to insist his “high speed pursuit” was no pursuit at all. It was, ah, well, you’ll have to take my word, I guess. Words fail.

Everybody got to be somewhere.

– The Legendary


Sgt. Chris Eubank, Patrol Supervisor, “D” Shift

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