All posts by Radiolegendary

Deep nights’ reflection

The famous filing cabinet

Deep nights “D” Shift  Corporal Joseph Ballew poses beside the famous filing cabinet where he had K9 “Ace” try to jump as his shift supervisor, Sgt. Chris Eubank looks on

In a wide-ranging audio interview, two patrol supervisors previously involved in an investigation over a K9 training  incident refuted nearly every finding made that led to a reprimand for one and a pay grade change for the other.

Former Lt. Chris Eubank denied he ever had any responsibilities in the training of K9 handlers, and no duties in background clearance of prospective recruits to the McLennan County Sheriff’s Office. In blunt language, he maintained that allegations made by two Division Captains that resulted from an investigation carried out by two lieutenants are lies, and that the source of his woes is none other than retired Texas Ranger Matt Cawthon, who resigned as Chief Deputy, effective the  first of October.

He told The Legendary that at one point early in 2014, he had decided to resign rather than face a schedule change that would have found him working every weekend and all nights as a Lieutenant. When Sheriff Parnell McNamara persuaded him to stay employed at his Department, he accepted a job as a Sergeant Patrol Supervisor on “D” shift, which lasts from 6 p.m. to 6 a.m. on the days he works, with every other weekend off.

Eubank says he never threatened the job tenure of Kim King, a former training assistant at the Sheriff’s Office who now works as a Jail Investigator. He denied ever telling her to destroy any part of a personnel file on a former corrections officer named Spencer Rowell whom Jail Captain John Kolinek dismissed for misconduct. His explanation is that Sheriff McNamara reversed that decision and allowed Rowell to resign, at the behest of Chief Deputy Matt Cawthon.

“There was an F-5 (Texas peace officer licensee separation form), but it wasn’t final…,” he said.

Both he and Cpl. Joseph Ballew, who maintains he never left his job as a corporal in the Patrol Division, where he once worked as a apprehension and drug detection dog handler; he simply remained at work in the position of Patrolman when the department reassigned the K9 function to the Organized Crime Division.

He reiterated a previous press report that he accepts full responsibility for his actions leading to a written reprimand for having a dog named “Ace” attempt to jump to the top of a 5-drawer file cabinet in the Patrol Office at the Sheriff’s headquarters on 901 Washington  Ave.

“He’d done it before,” he explained. He also went into great detail about why and how such an exercise is very practical due to certain requirements in clearing attics and overhead crawl spaces in certain buildings.

Ballew also defended his training methods of firing a cap pistol at his dog. He said it is neither teasing, nor tormenting the animal, and defended his reasoning by explaining it is a form of conditioning the animal to remain calm in the face of gunfire.

Both agreed that it would be fair to characterize the actions of Sheriff Parnell McNamara as a personnel adjustment involving the reclassification of various officers; both said they are happy with the changes, and are filled with praise for the first-term Sheriff.

Here is a rare opportunity to examine the interior politics and motivations behind the actions of two career law men:

Bad scene at Building 10

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THE GIRL, THE PIPE, THE BADGE, AND THE PAPERWORK…

Six Shooter Junction – The more questions you ask, the more questions you have.

The stories come tumbling out of laconic case notes and the blocky grids of official McLennan County Sheriff’s Office report form like flash-frozen pre-cooked meals; through every twist and turn, there is one dynamic, aside from bland flavor and placid narrative, that is constant.

The difference in what written policy and procedure dictates and has been supported by senior command staff members in their investigations differs wildly from what official response actually took place in response to some very outrageous occurrences.

In at least one case, an official record of an officer’s dismissal for official misconduct and placing the department in legally perilous waters went unremarked when a Lieutenant destroyed the official record and replaced it with an altered version that was 180 degrees out from reality – a felony crime.

As one seasoned professional lawman said, “The principle applied is screw up, move up.”

First things first. In the land of the blind, the one-eyed man is King, and all officers of the law carry a hand cannon on their hip; most sport a belly gun that doesn’t show. Just like climbing ladders if you’re a roofer or a painter, he who never goes aloft has zero percentage of risk to fall off a ladder, a building, or a scaffold.

Carry a gun every day, day in, day out, when you get a coffee, go to the bathroom, sit in an office chair, get in and out of the car, arrive at the house, get up in the morning, stop off to get milk and bread and a six-pack, or anything else you do, and the probability of an accidental or negligent discharge increases exponentially.

At least two Division Captains have experienced just such an emergency. Capt. John Kolinek, the Jail chief, and Capt. Bubba Colyer, the chief of criminal investigations, have both had just such unhappy experiences. The record shows that Colyer received a verbal reprimand, and an order to report to the firing range for two hours of training on the proper techniques of loading and firing the 1911 Government Model .45 semiautomatic ACP.

And then we received the intelligence after the holidays that Sheriff Parnell McNamara delivered a written reprimand to Corporal Joseph Ballew for training his K9 partner, a drug detection dog, in an improper atmosphere, one that made him want to bite a fellow officer. We had to read it in a daily sheet published in the city. The Sheriff and the men connected with the incident had promised, but then reneged after making news in the daily. That happened in August, just before Ballew got an opportunity to receive a promotion and take advantage of an opportunity for different employment in a lateral transfer to a different division. Some say he was promoted because of his lack of proper supervision.

And then there’s the ill-fated beer bust that took place in an apartment located at 2826 S. University Parks Dr., Building 10 – an opulent venue for young, eligible men and women, many of them Baylor students, located a scant 1.8 miles from Baylor University, smack dab on a shuttle bus route that removes all need to fight for an on-campus parking place. This oasis is complete with a stand-in tanning booth, a work-out room, spacious elevated verandas with majestic evening shade views of the gumbo bottom land of the Brazos, plenty of parking, apartments the size of most homes at an average of 1,200 square feet, a number of swimming pools and spas; and did we mention the very pretty women who live there?

Don’t look for anything less than five bills per month for a furnished bacalaureate habitat.

Here’s the kind of place it is. One such lady wrote a critique of the ambience of The Grove by complaining on-line to prospective leaseholders that there is a certain type of resident who – ah – can’t be bothered to walk those last few steps to the dumpster and pitch the tremendous plastic garbage bags filled with beer cans the parties at their residences generate. They cheerfully leave them on the surface of the paved parking lot for the scavengers of aluminum who sell them at Lipsitz’s, located just down the road, to snatch up without having to actually dumpster dive for their fortunes. She says in her message that she can’t wait for her lease to run out so she and her partner can hunt up a better place to live.

Onwards.

On the evening of July 24, a quartet of corrections officers who work at the county lockup opened “several” 30-pack cardboard suitcases of brew, set up the beer pong game in the middle of the floor, went out for pizza, got back home and got into a brouhaha with a certain couple who came to rescue one of their number’s overnight date from the brawl. When Sabrina Guzman gave her distress call, Wade Carter and his girlfriend saddled up for the run from China Spring, arriving with a bowl of marijuana and an empty seat in the pickup. She and Stephen Clayton, a corrections officer, had words, and Sabrina decided it was time to leave. That’s when Spencer Rowell took it upon himself to confront Carter about his use of the yerba buena in public, and the disturbance got loud enough to attract the attention of the resident “courtesy officer,” Rick Flores of the Waco Police Department, who called Sgt. J.M. Allovio for backup.

In reading Sgt. Allovio’s remarks, one is reminded of the flickering fun of an acient Keystone Kops movie when he describes the catcalls and sarcastic snickers from the breezeway leading to the apartment, and how when Jail Lieutenant Mike Garrett arrived to investigate, the four of them who had stood by to observe the melee in the parking lot suddenly “fled” into Apartment No. 1037 and bolted the door. Allovio noted the nobody-in-here-but-us-chickens moment when he was forced to knock repeatedly to gain entry to the residence in order to let Sabrina visit the bathroom and retrieve her overnight bag.

What of the young man with the marijuana? The Waco P.D. confiscated his pipe and a small amount of green, leafy, herbaceous substance slated for the incinerator at headquarters, issued him a summons, and sent him on his way with the girls. But not before Clayton delivered an ill-tempered soliloquy from the balcony about how the “bitch” was trying to get him arrested, and Spencer Rowell visited the trio who sat in the idling Cowboy Cadillac in order to display his Sheriff’s Office credentials identifying him as a deputy.

That was a no no. But that wasn’t all. The department could have been exposed to civil litigation as a result of his intoxicated state while flashing his tin. And then, on July 21, he had pointed a TASER at an inmate locked up at the jail. Wrong. Use of force. After a thorough investigation, Jail Division Captain John Kolinek fired him, writing in a discharge memo, “Based on the above information, your conduct in this matter is unacceptable…I do not believe that it is in the best interest of this agency for you to remain employed at this time. Therefore, you are being terminated effective immediately.”

Deep Throat would have called it “the smoking gun.”

And yet, when one looks at the “F-5” report sent to the state’s alphabet soup certification commission, then called TCLEOSE (Texas Commission on Law Enforcement Officer Standards and Education), one learns that Rowell’s departure was voluntary. There is no nasty-gram to be found in his folder, other than the blistering dismissal from Kolinek.

And what of Stephen Clayton? After all, when his roommate Vince Otting arrived home following his visit to a barbecue at Hewitt, he found their apartment “trashed,” Clayton standing up tall and bellowing at him about “talking shit,” trying to get him fired, etc. Clayton even kicked his door, according to a report he wrote at the behest of Lt. Garrett, who summoned him back to the jail to write his impressions of the evening. Following our request, we received no further material on Clayton’s conduct and subsequent career at the McLennan County Sheriff’s Office.

And what of the famous Rowell file?

According to a highly placed official close to the investigation, the task of destroying its more pejorative contents and replacing them with bromides and euphemisms, fibs and fables, fell to Kim King, training assistant to Lieutenant Chris Eubank, Director of Training, who now serves as a sergeant in the Patrol Division. He resigned, but then decided to re-hire as a Sergeant, at the request of Sheriff McNamara. Eubank reportedly told Deputy King to lose the paperwork – or else. She would lose her job, for starters, etc., and other imprecations to that effect, according to the source, who refuses attribution, just in case more and better information may come his way.

It was kind of her dream job,” he recalls.

She just could not do it. She made a backup copy of the material, placed it in a “secret file,” and left it to Eubank to handle his own affairs when she took advantage of an opportunity to go to work as an investigator at the jail.

Somewhere down there, that file is to be found,” our man said. Furthermore, he saith not.

So mote it be.

 

Affidavit: chaotic arrests

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FIRST RELEASE OF PUBLIC INFORMATION REGARDING ARRESTS

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.

Expatriation inside the borders of America…

Victor Pool

Lacy-Lakeview, Texas – Just like a distant relative from his grandfather’s generation, Victor Pool chose to expatriate himself due to a lack of confidence in his government’s classification of his citizenship.

“How can they classify me as African American when they have no proof?” he asks. “Show me some shipping manifests. Show me that my people came here in conditions of involuntary service, then show me who caused them to be brought here as slaves. When you do, I want my reparations.”

Elijah Pool changed his name to Elijah Muhammad and went on to found the Nation of Islam, Mosque No. 1, Chicago. He was Pool’s grandfather’s cousin. He later guided other famous Americans, people such as Cassius Clay, to cast off a slavery name and become Muhammad Ali, just as Malcolm Little, a man with a record as a burglar and convicted felon who served time for his crimes, became Malcolm X.

In an audio interview, he explains the process of expatriation and its implications:

He and his wife Melissa will challenge the authority of prosecutors in the McLennan County Criminal District Attorney’s Office to prove the jurisdiction of the Court in which they are charged with failure to identify, interfering with an investigation and resisting arrest when they came found Bellmead Police officers allegedly assaulting his daughter while making an arrest for shoplifting at Wal-Mart Super Center in that city.

In this audio interview, he explains the process of serving a writ quo warranto to challenge the jurisdiction of the court in adjudication of a criminal lawsuit filed against a chattel of the corporation known as the United States. He will require that they show cause in the U.S. District Court of Washington, D.C., that the Courts of McLennan County and the State of Texas have jurisdiction over the “straw man” known as Victor Pool.

His daughter, who is charged with resisting arrest, failure to identify, theft by shoplifting, and assault of a police officer in a melee during which the entire family was subdued by numerous police officers and arrested through the use of submission holds, TASER guns and pressure on nerve endings of the face and neck, is still in juvenile detention. He and his wife have been unable to obtain her release in their custody because they will not agree to a psychological evaluation. He has some interesting ideas about that.

The mother, Melissa Bias Pool, said that when the police officer who placed his fingers in her nostrils and tried to pull her nose back over her eyebrows grabbed her, “He tore off the scarf she was wearing on her head.”

Both say they plan to attend a march against police brutality to be held at 1 p.m. Saturday on a route from Indian Springs Park to the Waco Municipal Court at Police headquarters.

One may view a video presentation that explains the process of challenging the jurisdiction of courts by clicking here:

http://youtu.be/WyXteb01PAQ 

A writ quo warranto is a demand issued by a demandant to a respondent filed with a court of competent jurisdiction, to hold a hearing within 3 to 20 days, to present proof of his authority to execute his claimed powers. The writ is unlike a petition or motion to show cause, because the burden of proof is on the respondent, not on the demandant. This is an example of one such, filed in all federal Courts:

http://www.scribd.com/doc/246059068/Writ-Quo-Warranto

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http://radiolegendary.com/2015/01/bellmead-family-arrested/

http://radiolegendary.com/2015/01/it-was-about-the-phone/

http://radiolegendary.com/2015/01/expatriation-correcting-ones-nationality/

http://radiolegendary.com/2015/01/terrorist-paperwork/

http://radiolegendary.com/2015/01/a-ranger-looks-at-a-separatist-issue/

http://radiolegendary.com/2015/01/why-we-dont-have-the-cops-side-of-the-story/

Why we don’t have the cops’ side of the story…

Police Substation

Bellmead Police Substation at Wal-Mart

 Bellmead, Texas – Like the “Man With No Eyes,” the fabled Florida road camp gun guard in the movie classic, “Cool Hand Luke,” security can see out. You can’t see in.

Loss prevention confrontations at the Wal-Mart Super Center take place in a small office behind mirrored glass, situated just off the entry vestibule shielded by automatic sliding exit doors leading from the food market to the parking lot.

When store security agents detained two cousins on Tuesday, January 6, for allegedly trying to beat the checkout scanner out of the price of some merchandise, they took them into the Police Substation through a right-hand door that swings out. There, the older girl, a woman of 22, snuck a prohibited phone call out to relatives, the parents of a 15-year-old juvenile whose phone reportedly didn’t work.

As sworn police officers of the Bellmead force arrived a few minutes after 9 p.m. Wal-Mart security agents told the girl to put her phone in her pocket. She asked why. They said it was for the protection of the police officers. She refused; an officer snatched the phone out of her hand, and she responded with an unprintable imprecation.

Police are said to have put her in a stress position by placing fingers in her nostrils and pulling back toward her brow and forehead from the rear as another officer placed a hand over her mouth. Unable to breathe, according to her parents who arrived moments later, about 10 to 15 minutes after 9 p.m., she “kicked out” with her feet and struck the policeman in front of her. According to her father, Victor Pool, the officers had no intention of charging her with a jailable offense until that moment. Their plan was to issue a written Juvenile Court summons and release her to her parents’ custody.

When he and his wife Melissa arrived, Pool said, the child was reportedly bleeding from her nose after police officers “slammed” her head into a desk top. She has been charged with a felony offense, among others, of assault of a police officer, her parents said.

Those facts will be the subject of a “first page” offense and “first page” arrest report containing what is referred to in case law pertaining to the Texas Open Records Act as “police blotter information.” We have applied to Bellmead Police Chief Lydia Alvarado for those reports and an arrest affidavit filed with the Magistrate who informed the defendants of the charges leveled against them.

We of The Legendary have received much criticism for only “telling one side of the story” in Facebook comments nationwide. Since it was first placed, in the early morning hours of Friday, January 9, the story has received better than 35,000 page views nationwide.

Chief Lydia Alvarado received in her absence an information request the same day, but was unable to respond because she was reportedly ill, absent from work, as well as the records clerk who processes all such requests. Governments have 10 business days in which to reach a decision of whether to seek an opinion of the Texas Attorney General’s Office in the matter of withholding information excepted by the Act. Information that is not “excepted” is to be released “promptly,” according to the law. We have requested no information that is  excepted by law.

It is not our first experience with requesting information from the Chief. She responded reluctantly to a request on September 18, 2012, for booking information and arrest affidavits on an accused offender who failed to register as a convicted sex offender and a man charged with family violence following a domestic disturbance in which he hit his wife in the face with his elbow, rendering her unable to open her eye. Both had been released by the judge following their arrests earlier in the summer on personal recognizance bonds.

We have prepared an audio-visual presentation on the resulting dispute that arose when R.S. Gates arrived at the police station to receive the reports so requested and attempted to avoid a $4 cash fee for copying by taking a photo of the documents with his cell phone. We have abbreviated the resulting half-hour argument to a comfortable amount of time. One may listen and watch by clicking on the material inserted below:

http://youtu.be/H293fu1QOiU

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A Ranger looks at a separatist issue

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A NEWS ANALYSIS OF AN EMERGING TREND

The year, 1997. The place, The Ft. Davis area of an idyllic Alpine region of west Texas, where Richard McLaren of The Republic of Texas and the Texas Rangers led by Captain Barry Caver were eyeball to eyeball for 7 days following a shooting and hostage-taking event at a neighbor’s small ranch.

The Republic of Texas had been filing numerous false liens on folks’ property, and officials viewed the practice as malicious. They had also issued bogus “currency warrants.” Key elements of their command staff wound up in the pen. This and other incidents have given the sovereign citizens’ movement a bad reputation, on both sides of the badge and the bar.

Retired Ranger Matt Cawthon of Waco was in the posse during that tense period. He arrested the renegade group’s Sergeant at Arms, and he has been briefed extensively on other separatist movements, such as The Sword, The Arm, and The Covenant.

He sees the Rangers as a paramilitary force that is dispatched to help the people of the State of Texas fight back when they need to fight back against the kind of people who want to steal their peace and dignity. We of The Legendary could not be more in agreement.

His take on the facts of the case of an arrest of an entire family in Bellmead is that he’s sorry for their troubles, but they don’t get a pass when it comes to giving their names during a legal investigation. Perhaps the most interesting concept he discusses as an expert crime consultant is this one on deadly force: “…I always tell young officers that each and every confrontation they encounter involves a firearm – the one being carried by the officer…” His counsel is that a calm command presence and a courteous demeanor are paramount tools, to be used in conjunction with the hog leg.

Conditions in a correction facility just as a jail are very different. His observations come from 33 years of experience. What people may not know is that the couple in question are of the Muslim faith. Victor Pool and his wife Melissa Bias claim they received death threats from court officers in both the prosecution and defense bar in the greater Atlanta suburbs of Marietta, Kennesaw and Cobb County. The father is black, the mother white, and the officer they accuse of aggression is black. At this point, the original story as it appeared on Facebook has received more than 26,000 page views.

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Members of the social media community most interested in the case, who in fact tipped other social media journalists, are elements of “Cop Block,” a radical social media video news organization headquartered in the D/FW Metroplex, headed by open carry firearms advocate Kory Watkins. Elements of this organization who are expanding their interests into the Central Texas area spent the entire day Friday with a news crew from the Arabic television network, Al Jazeera:

Okay, this is interesting and my response will be a tad lengthy. 

To begin, in my career as a Texas Ranger, I have been involved with the investigation of self-proclaimed “sovereign” citizens and “separatists”… I was in Ft. Davis, Texas, when Richard McLaren and the “Republic of Texas” movement shot and kidnapped a elderly neighbor and then holed-up in their so-called “Embassy”.  As you may remember, the situation was resolved mostly peacefully, except for one member who decided to shoot at law enforcement. I actually arrested their “Sergeant-at-Arms” and transported him to jail in Marfa. 

I am also aware of another separatists group operating on a tract of land in Trinidad, Texas, and to date, their members are still wanted by the law for various crimes; however, there are children in their compound, and attempts to advance and arrest could be disastrous, much like it was during the Branch Davidian incident. 

Most conservatives believe in less government and I am no different. The problem occurs with extremism. As citizens of this country, we must obey her laws. Without laws and those who enforce the laws, then our country will break down, and anarchy will rule. 

I cannot comment about the arrest of these people in your interview, but let me speak about police and corrections in general. 

Street officers work on a level dealing with very fluid and very dangerous situations. They must make quick decisions with their safety and the safety of the citizens in mind. I always tell young officers that each and every confrontation they encounter involves a firearm – the one being carried by the officer. That makes it important to take charge of every situation and diffuse the problem with any tool the officer possesses, hopefully merely their command presence and calm and courteous demeanor.  

By contrast, the world inside a jail is very different. Time is on the side of the correctional staff. The arrestee is already in custody, so everything can slow down and diffuse naturally. An arrestee can be placed into an isolation cell, and soon, calmer heads will prevail. 

In this case, the couple must be properly identified because that’s the law we live under, and as citizens under lawful arrest – we must assume it’s lawful – they don’t get the choice of refusing to identify. Quite obviously, the couple complied in the end, or they would not have been released and be available for interview. 

In my experience, I’ve known or heard that the most ardent believers of the Separatist Movement will refuse all forms of government identification, vehicle registration, etc. They are prolific in the filing of lawsuits against local, state and federal government officials to include the malicious filing  of liens. This is considered by most to be harassment, and in some cases, domestic terrorism. 

I hope this helps in some way to add a different side to the story given by the couple. I’m sorry for their troubles. I had a young relative who was detained by Walmart security several years ago, and my personal experience was that they were professional and courteous. The part about pushing and pulling of the heads could easily be the widely accepted police practice of using pressure points (under the nose and under the jaw) to force compliance from a passive aggressive and non-compliant detainee. 

Good luck,

Matt

A cause celebre amid threats of death:


‘Terrorist Paperwork’

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Melissa Bias Pool demonstrates hold police allegedly used to make her daughter submit to arrest at a local Wal-Mart Super Center

Bellmead, Texas – In this audio recording of Victor Pool and his wife, Melissa Bias, they explain their absolute refusal to identify themselves, their resolute decision to represent themselves in court, and exactly how they and their daughter wound up charged with multiple offenses following an investigation of a shoplifting charge at a Wal-Mart Super Center.

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Strappado position was the second of three degrees of sanctioned torture techniques used in the Inquisition, allegedly used of the Pools daughter in the arrest

Their 15-year-old daughter is charged with assaulting a police officer when she kicked her legs after two officers placed her nose and mouth in a stress position in order to handcuff her.

They declare themselves followers of the sovereign citizen movement, in which activists challenge the jurisdiction of courts to hear cases in which criminal charges are leveled against them on constitutional grounds.

They are both charged with failure to identify themselves, interfering with an investigation, and resisting arrest. Their daughter remains in custody at a juvenile facility.

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Victor and Melissa Pool

It was about the phone

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Bellmead – It was all about the phone. When Wal-Mart security detained the 15-year-old girl and her 22-year-old cousin, they took them to a Bellmead Police Department substation at the store.

She was a suspected party to an offense – shoplifting – and the loss prevention specialists had observed that her cousin had not scanned some of the items she bagged to take out of the front door.

According to her mother, Melissa Bias, her daughter gave her older cousin cash for the items she picked out. She had dropped them off earlier to go to a beauty supply house near the Super Center, but when the young ladies found out it was closed, they opted for shopping at the giant retailer next door.

When the Bellmead Police Officers arrived, they had no female officer to assist them.

According to Victor Pool and Melissa Bias, the store security officer told their daughter to put her phone up.

Why?

“It’s for the security of these officers.” The wheels start to turn. There are a lot of police who are extremely camera shy. They don’t like to be recorded while they make an arrest, detain a suspect, or much of anything else, though photography is not a crime.

When the girl refused, the situation escalated instantly. “The one behind her snatched her phone out of her hand. It wasn’t even in service, but he did…”

Her daughter reacted by saying “Fuckin’ dick!”

That’s when the two officers sought to subdue her by pressing her nose up and into the sinus cavity of her skull. “The one in the back was pulling, the one in front was pushing.”

“She kicked out,” the mother says. “She couldn’t breathe, so she kicked out” That’s how her daughter wound up charged with the felony crime of assault of a police officer, theft, and resisting arrest.

Neither officer is named because Bellmead Police Chief Lydia Alvarado is out sick and the records clerk who handles requests for public information is similarly indisposed, according to an unidentified staff member who is not authorized to talk about an ongoing investigation.

We’ll all have to wait for their side of the story.

When the parents arrived at the Bellmead Police Station located further down that city’s main drag, they could hear their daughter screaming at them from inside an interrogation room. “She said her nose was bleeding,” according to her mother.

“We forced our way in,” she recalls, when an officer came to the electrically operated door.

From there, the situation deteriorated when an officer allegedly “pointed a TASER at my husband’s face,” according to his wife, the girl’s mother, Melissa Bias. Taken into custody, Pool stood handcuffed and wound up being shot with the TASER and shocked twice. Melissa Bias wound up on the floor when an officer allegedly shoved her. The couple claims her knee is “badly bruised.”

Both admit they refused to give their names. She explained that they consider themselves sovereign citizens, that they are not bound by a requirement to show government-issued identification on demand, nor are they obliged to answer questions as to their identity – unless they are charged with a crime.

In fact, Pool originally gave his name in Facebook accounts as John Hammond, the name he goes by on Facebook. They are charged with failure to identify, interfering with an investigation, and resisting arrest. They plan to give The Legendary an on-mike interview later today.

McLennan County Sheriff’s Office Jail Division Captain John Kolinek responded to an open records request for booking information regarding the couple’s arrest, which confirmed Melissa Bias’ account of the charges against the two of them.

As of 4 p.m. on Friday, January 9, the story has received more than 7,000 page views on the Radio Legendary Facebook site.

Sheriff demurs in records request

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Private Attorney Mike Dixon will review requests

Waco – Sheriff Parnell McNamara referred a series of eight public records requests about cases and incidents any veteran newsman would call “shaky as cafeteria jello”  to a private attorney retained by the Commissioners Court.

Mike Dixon, who billed McLennan County $153,735.63 in billable hours during the previous fiscal year at $150 per hour, will scrutinize the requests for  a period of 10 days prior to officials’ making a decision about whether to seek the opinion of the State Attorney General’s Open Records Division, according to Sheriff’s Office Records Division chief Tamma Willis.

He joins Baylor Law Professor Guinn, who billed the county some $34,050 to study a plan to redistrict Constable and Justice Court precincts to eliminate two, leaving a total of 5, in which candidates were appointed by Republican Party officials to run in the General Election irregardless of which candidates won primary races.

An Austin attorney named Shindlofsky billed the county $12,615 for services in settling a federal lawsuit against Sheriff McNamara brought by nine employees who were either demoted or dismissed following his election, and another attorney named Allison billed $5,000.

The settlement cost a total of $2 million, the county’s share of which came to $575,000, according to financial records released by the Commissioners Court.

A staff attorney named Dustin Chapman is paid $66,950 per year, according to payroll records. He released the information to Legendary News Services regarding an investigation of a drug detection dog named Ace who was trained in abusive fashion by his former handler, Corporal Joseph Ballew, according to top Captains and Lieutenants who conducted the investigation ordered by former Chief Deputy Matt Cawthon, a retired Texas Ranger. Both Ballew and former training supervisor, Captain Chris Eubank, transferred to new duties in the Sheriff’s Office’s Patrol Division, Eubank in March, when he was re-hired as a Sergeant following his resignation as a Captain, and Ballew in August following his promotion to Corporal. Sheriff McNamara reportedly reprimanded Ballew.

That document is one of many requested by The Legendary in the series of records requests.

“The report should never have been released,” McNamara said in an interview. “The investigation was not completed.”

Though there is no provision in the law to have a private attorney review public information requests, officials are allowed a period of 10 business days to determine if there is information they deem legally excepted from such requests. It is a well-known extension of the fine line between news and history, arbitrarily drawn in the sand by the Legislature in its enactment of Section 552 of the Texas Government Code.

Bellmead family arrested

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Bellmead – Police are investigating the arrest of a juvenile female that resulted in an entire family being detained at a department substation located at Wal-Mart, charged with resisting arrest and interfering with an investigation.

The father claims his daughter was injured when an officer “slammed her nose up into her face,” then “slammed” her face into a desk top. When he and the mother showed up a few minutes later, he was tasered twice while handcuffed, his wife thrown to the ground.

John Hammond told RadioLegendary,Bellmead, TX, cops assaulted my 15 year old daughter in a Wal-Mart substation. They slammed her nose up into her face, which is “an authorized pressure point maneuver” to subdue a sitting child, and then slammed her face into a desk, causing her to have ear aches and nose bleeds. Still have not made it home from her kidnapping/arrest for allegedly resisting arrest. Then when we showed up within five minutes my wife and I was both arrested for resisting arrest, interfering with official duties, failure to ID. Keep in mind none of which we are obligated to perform. I was tasered twice in the back while handcuffed, once while I was standing and once on the ground. My wife was thrown to the ground, causing a badly bruised knee. I can’t wait to get the tape before it’s sealed under some gag order and I will release it. What caused all this? They wanted my child’s phone, a phone with no service. He snatched the phone out of her hand and she called him a “fucking dick” so two cops began to slam her head and face into a desk. And this man said he had been on the force for 40 years and was going to teach my daughter a lesson tonight. This same cop said he would beat his kids for talking like that. So where is his authority to beat my child?”

Watch these columns for more coverage of these events.

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