Car dealer sues city of Carrollton, police officer for civil rights violations
A 32-year-old car dealer is suing the city of Carrollton in federal court, alleging civil rights violations and saying that a police officer used excessive force against him in February, 2009 as he tried to deliver a car.
Also named in the lawsuit is David Tatom, a Carrollton police officer since October 1988.
Shomari B. Staten of Carrollton finally obtained the police car dashboard video (watch video) of the February 2009 incident after a Dallas County judge ordered that Carrollton release the video in November, 2009. Staten had requested the video under the state's open records act, but Carrollton city officials refused.
In the video, a white officer stands over Staten, who is black, and pulls him to the ground.
Then Staten is slammed into a parked vehicle before hitting the ground.
Carrollton spokeswoman Sheri Chadwick said the city would have no comment because of the pending litigation. Police reports filed about the incident gave a different version of events than Staten's complaint.
Staten's attorneys said their client was racially profiled by Carrollton police when they spotted him in a shopping center one afternoon after he changed the license plates, as required by law, on a blue 1997 Geo Prizm. Staten was waiting to deliver the car to a client who was getting a cashier's check at a nearby bank.
Tatom and a black officer moved in to question Staten and his employee, who also is black, about "stealing license plates," according to the suit.
Staten filed a complaint and an open records request to get the video of the incident. Three weeks later, when Staten went to check on the open records request, he said, he was taken to a room and asked if he really wanted to pursue it. Then he was jailed on suspicion of resisting arrest and failure to display a concealed-handgun license.
"That is when it became the Twilight Zone," Staten said. "How do you resist arrest if you are not arrested?"
After his release from jail, Staten said, police officers would park at his Carrollton home at night. On four occasions, police gave him tickets for parking violations on the street.
In letters to the Texas attorney's general office, city officials argued that release of the video would interfere with the future investigation and prosecution of Staten on charges of resisting arrest and failure to display a concealed-handgun license.
Staten was never prosecuted on the charges.
On the video, Staten tells the officer he has a license for a concealed handgun. Staten was carrying a .38-caliber handgun at the time of the incident.
Under the state handgun laws prior to September 1, 2009, when someone was approached by police for identification, he was required to show the concealed-handgun license.
That portion of the law was eliminated as of September 1, 2009, said Tela Mange, a spokeswoman for the Texas Department of Public Safety.
According to a police incident report, "instead of producing any ID, [Staten] said, 'Why do you need to see an ID?' "
Tatom observed Staten "suddenly get out of the car and stood up with his left hand in his jacket," the report said.
Tatom approached Staten and "trapped his hand inside of the jacket which was over a pistol in his front left waist band. Tatom then felt the pistol and grabbed it," according to the police report.
Once Staten was on the ground, he said he had a concealed-handgun permit, according to the police report.
In the video, Staten said he had a concealed-gun permit before he was thrown against the car.
Staten said that his friends and family are urging him to move out of Carrollton.
"I have friends who will not even visit me in Carrollton because they fear racial profiling because of their race," he said. "I do not feel safe. I have had to put surveillance cameras on my house."
His two attorneys said obtaining the video was crucial, and they called the city of Carrollton's resistance a form of harassment against Staten. "The police said one thing, he said another, and we wanted to know who would tell the truth," said attorney Jay Gray.
Added his other attorney, Andy Bergman, "I have never seen a police department go to these lengths to cover up a problem and intimidate and harass someone.
"Based on the tape of the actual events, I would say the police narrative is obviously fiction written in an attempt to justify the officer's actions," Bergman said.
The federal lawsuit was filed Feb. 19, two days before the statute of limitations on filing ran out. The city of Carrollton has yet to respond in federal court.
Carrollton's police also made headlines last August, when Officer Jennifer Cackler was dismissed after egging the home of a Carrollton resident. Three police dispatchers also lost their jobs over the incident. The Carrollton resident whose home was targeted had repeatedly called police on his neighbors.
Donations Needed!!! arrested in October, 2009 and charged with multiple felony counts in self-defense incident.
arrested in December, 2008 and charged with "unlawful carrying of a weapon by a CHL holder
"I agree that it would be good to alert current and prospective CHLPP members about how easily one can be wrongfully charged of committing a serious offense following a legitimate act of self defense. My experience has alarmed close friends and family and raised their interest in CHLPP. From what I've read and heard, this is a wide spread problem not just limited to my city, particularly for situations that happen away from one's home. One may be licensed to carry concealed, but a person legitimately draws their weapon against an assailant, it is much more likely than not that the person defending him or herself will be arrested and charged, especially if no shots are fired."
UPDATE: August, 2009 - CASE DISMISSED!!! All charges pending against the CHLPP member were dismissed by the Harris County (Houston), Texas, District Attorney's office and the member's firearm/CHL were returned. Details of the case released after the dismissal indicated that the aggressor "slapped" the member across the face before the member exposed his DAO hammerless revolver. The aggressor's verbal response to the member's act was "That's not a real gun!!!" then he said "There aren't any bullets in it!!!". Had the CHLPP member not restrained himself and discharged his weapon, prominent criminal defense attorney Walt Cleveland stated "Charges could range from murder, manslaughter, aggravated assault / deadly weapon with serious bodily injury. Could get really bad. I recently tried a case to a not guilty verdict where the defendant shot his aggressor after being hit in the face, there were two aggressors who "had his back" so the ability to argue self defense may have been enhanced. The legal standard for the use of deadly force is that the actor was reasonably in fear of imminent serious bodily injury or death to himself or a third person. This standard is usually a fact issue for the jury.
Concerning the case in Houston, the fact that the aggressor was unarmed would probably have landed our (CHLPP) member in trouble. The duty to retreat may also have come into play since he was not at home. This is why the (CHLPP) plan is so good, it is so easy to get into trouble while attempting to do the right thing."
arrested in February, 2009 and charged with "unlawful carrying of a weapon by a CHL holder"
A 24 year old bicyclist passed some officers during a traffic stop on the street. One of the officers noted that his bicycle didn’t have a headlight -- a violation of the Texas Transportation Code. He was arrested for unlawfully carrying a handgun after officers spotted the handle of a Glock pistol protruding from a mesh pocket of his backpack. Though he had a Texas CHL, police say the gun was not concealed. He says that although he no longer faces charges, he went through "a lengthy and expensive ordeal."Currently, I am out my Glock 26, defense fees, anger-management fees, and the two–year interruption to my graduate studies," he writes.
Tarrant County court records confirm that the misdemeanor charge of "unlawful carrying of a handgun" was dismissed in May, 2009 and that, in the "interest of justice," the Glock was destroyed. He stated that he believes that "it also raised some serious questions, adding to a long list of cruel and/or entirely unusual police encounters."
Lt. Paul Henderson, a police spokesman, said he hopes the case delivers a clear message "to anyone who makes the decision to heckle an officer while he is performing a very difficult job."If you’re going to swim with sharks, don’t carry bait," Henderson said.
Larry Feille, Dallas, Texas - 30 Year Law Enforcement Veteran:
"CHL permit holders have the training and go through the background checks in order to be able to
carry a concealed handgun. They need to take it to the next level and have the financial the protection for
legal expenses that CHL Protection Plan offers."Fritz Aldrine, Dallas, Texas, Insurance Executive: "I believe that the coverage offered by CHL Protection Plan gives the CHL permit holder peace of mind in today's uncertain world. I highly recommend it to anyone legally carrying a handgun."
Chris Bird, San Antonio, Texas - Texas Concealed Handgun Instructors Assn. President and Author of "The Concealed Handgun Manual" and "Thank God I Had a Gun": "Some people say that carrying a handgun and learning how to use it for self defense is a logical extension of being responsible for your own safety. This school of thought is represented most vocally by the NRA, whose officers and members generally feel that the Second Amendment of the Constitution guarantees Americans the right to bear arms, not just while hunting or target shooting, but for self defense against criminals and against government tyranny."
John Ridlehuber, Lott, Texas - CHL Instructor and Owner of John's Guns, Etc.: "The coverage by CHL Protection Plan gives the CHL holder financial peace of mind if they are involved in a self-defense act. The service that CHL Protection Plan provides can keep an innocent party from becoming wiped out financially."
Mark Wammack, Midlothian, Texas - CHL Instructor, and owner of Maneuvers & Weapons Tactical School: "The liability issue involving a CHL permit holder implicated in a self-defense act is incredible. Even though you are in the right, the potential for financial ruin in defending yourself is there unless you have the appropriate coverage."