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Art Acevedo

A bill to ban no-knock warrants

Probably won’t go anywhere, but well worth the effort.

Rep. Gene Wu

A bill pre-filed this week by state Rep. Gene Wu would ban no-knock warrants across Texas, marking the first major legislative response to last year’s botched drug raid that led to the deaths of two Houston residents and murder charges for a police officer.

Wu’s proposal, which he filed Tuesday, would bar magistrates from issuing warrants that allow police to break into residents’ homes without warning. After the practice came under scrutiny in Houston, Police Chief Art Acevedo began requiring approval from top-ranking police officials and the signature of a district court judge — not municipal court judges or county magistrates — before officers could carry out no-knock warrants.

Acevedo implemented the policy change after narcotics officers in January burst into a home on Harding Street in search of heroin, sparking an eruption of gunfire that killed residents Dennis Tuttle and Rhogena Nicholas and injured five officers. Police discovered only small amounts of cocaine and marijuana during the bust.

Shortly after the raid, Acevedo said no-knock warrants “are going to go away like leaded gasoline in this city,” prompting headlines that claimed the Houston Police Department would end the practice altogether.

Rep. Wu’s bill is HB492. The story references the recent HPD audit of the atrocious Harding Street raid, of which Rep. Wu was a harsh critic. I will note that the Mayor Turner task force report on police reform includes the recommendation of “a blanket ban on no-knock warrants for nonviolent offenses”. This bill would go farther than that, and it’s not clear to me if the Harding Street fiasco would have been covered by the recommended task force policy.

As with marijuana reform bills, there is bipartisan support for banning (or at least restricting) no-knock warrants, but any bill to do that seems doomed to me. As the story notes, a bill from 2019 that simply called for law enforcement agencies to submit reports on their use of no-knock warrants to DPS never got a vote in committee. Things have changed since then, but that’s just not a great sign. I hope I’m wrong about that.

Turner signs cite-and-release order

Good.

Mayor Sylvester Turner

Mayor Sylvester Turner on Monday signed an executive order authorizing a new cite-and-release program for the Houston Police Department, aiming to let people accused of certain misdemeanors off with a ticket instead of a trip to jail.

Turner and Chief Art Acevedo also promised to release monthly public updates on its implementation, ensuring the public can review how the policy is applied. The order takes effect 6 a.m. Tuesday.

“The program gives them an opportunity to make changes in their lives and face responsibility for their actions without having the stain of an arrest, or serving jail time, on their record,” Turner said of accused offenders.

[…]

The policy has buy-in from HPD executives, the Houston Police Officers’ Union, and some advocates, who have called it an imperfect step in the right direction.

However, the city’s policy allows for exceptions that some argue are too expansive. The exceptions include if an alleged offender cannot provide a government ID, if there is reason to believe they will not appear in court, and if “an officer believes that offering Cite And Release to an otherwise qualified suspect is not the best course of action.”

In those cases, the officer must get supervisor approval and document the name of that supervisor in his or her offense report.

Those exceptions have given pause to criminal justice advocates who have pushed for a cite-and-release policy for years.

The Right2Justice Coalition, a group that includes many prominent local justice organizations and drafted a model cite-and-release ordinance this summer, wrote an open letter to the mayor last week asking him to strengthen the new policy.

It said the policy, as laid out by HPD, leaves officers with too much discretion and carves out too many exceptions. It is not legally binding and does not include all citation-eligible offenses under state law, the letter said.

Houston’s policy has 16 exceptions, whereas San Marcos has six and Austin has seven, according to the letter.

“We project that their program, as presented, will fail to significantly improve community safety, wellbeing and equity in the city,” the letter said.

See here, here, and here for the background. The detailed reporting is good, as that will let everyone know how this is working. Even better would be a commitment to make changes when the data shows there are opportunities for improvement. I can understand why the activists are still critical, but we’ll see how this goes. We are expecting the task force report in the next couple of days, so we will be continuing this discussion further, and maybe make some more progress as well.

Criticizing the HPD narcotics audit

It’s good that it was finally released, but that doesn’t mean that all questions have been answered by it.

Rep. Gene Wu

Standing outside the small house where Houston police officers conducted a raid that killed two and grievously wounded their department’s reputation, Gene Wu clasped the audit he’d been asking about for months and labeled it a scam.

Wu and other state lawmakers on Thursday criticized the internal audit of the Narcotics Division, calling it a “whitewash” and vowing to propose legislation to prevent government agencies from blocking the release of internal audits or similar documents in the future.

Also at the news conference were lawyers representing relatives of Dennis Tuttle and Rhogena Nicholas, the couple who lived at 7815 Harding St. and were killed in the raid. Gerald Goines, the officer who led the operation, was later accused of lying about the drug buy that led to the operation and is charged with felony murder and other crimes. His former partner, Steven Bryant, faces charges of tampering with a government record.

The raid could have happened only in an environment of “pervasive, longstanding custom and practice of illegal activity that was known and condoned at the highest level,” said Boyd Smith, one of the attorneys. “And this report doesn’t address that critical issue.”

[…]

The auditors — former Assistant Chief Pete Lopez, seven sergeants and one police officer — looked at the Narcotics Division’s street-level drug suppression squads. They found widespread sloppiness and lax supervision: unauthorized informant payments. Missing case review sheets. Incomplete offense reports. Hundreds of other administrative errors by undercover narcotics officers.

Most of the information authorities released previously centered on misconduct by Goines and Bryant, but auditors examined three years of casework of the two former Squad 15 officers, and probed casework of approximately 70 other undercover officers in squads 9, 10, 14 and 15. There are approximately 175 officers in the Narcotics Division.

Though they found policy violations and “numerous errors” related to confidential informant payments, they said they could not make conclusions about illegal activity without the ability to interview confidential informants or witnesses.

[…]

Patrick O’Burke, a former deputy commander at the Texas Department of Public Safety who oversaw drug law enforcement, said the audit is a “significant effort” but fails to identify the reasons for the sloppiness it uncovered.

“This report does not provide key findings that show how such problems will be limited or reduced in the future,” said O’Burke, tasked with overhauling Texas’ drug task forces after a racist drug arrest scandal in the 1990s in Tulia.

See here and here for the background. The point I would make is that the purpose of an audit like this is not just to document what happened, but also to provide a plan of action to remediate what went wrong. Where I work, if your department or project fails to get a sufficient grade on an audit – and we routinely perform audits on pretty much everything, not just on things that went wrong – you can’t go forward until you address the issues that the auditors cited. In this case, not only is the audit incomplete since key participants and stakeholders were not included, there’s no action plan. What is HPD going to do about this? How are they going to fix the problems that were identified, and put in processes and checks and safeguards and whatever else to ensure they never happen again? Note that “completely shutting down all activity related to this” is a viable path forward and should be considered as an option. What is HPD going to do? We need to know.

More and better police data, please

Like this.

The Texas Commission on Law Enforcement will ask nearly 2,000 Texas law enforcement agencies to resubmit information legislators intended be used to analyze whether police were treating minority motorists differently — but which turned out to be worthless because TCOLE neglected to ask departments to include the race of the drivers in some of the data.

The change comes days after Hearst Newspapers published a story detailing how the information, required by the 2017 Sandra Bland Act, was impossible to use.

“I’m trying to jump on it pretty fast,” said state Rep. Garnet Coleman, D-Houston, a sponsor of the bill, who said he spoke Monday morning with TCOLE and they had agreed to correct the problem.

Coleman said he also has asked the agency to work with academic experts to ensure the information it is asking of Texas law enforcement agencies can be used to actually conduct racial bias analyses. Alex del Carmen, a criminal justice professor at Tarleton State University who helps train police executives, said he worked Sunday to create a survey that would produce the necessary information.

Coleman said the new list of questions will be used to gather the information for 2020. But he added the agency said it would also contact police departments to ask them to redo their 2019 surveys, originally submitted in March.

I mean, I’m glad this is happening now, but it’s more than a little embarrassing that the initial data collection was this lacking. Whose job was it to do quality assurance? Kudos to the Chron for bringing this to light.

And let me just add, while it is quite fashionable now to dunk on the idea of “running government like a business”, as someone who has worked for a Large Corporation for many years, this kind of data collection is absolutely the sort of things successful businesses do. It’s critical, to know if what you’re doing is working, to identify and learn from errors, to spot trends and respond to them, and so on and so forth. And really, it’s not that hard to do. Shame on TCOLE for such a shoddy first effort.

And also like this.

Two state lawmakers who reviewed a copy of the Houston Police Department’s audit of its narcotics division are calling on Chief Art Acevedo to release the document to the public.

“The reality is, there’s nothing in this the public should not be aware of,” Texas Sen. Paul Bettancourt said. “The real question is, what are they going to do about it?”

The police department performed the audit after last year’s disastrous Harding Street raid. Two homeowners died in the raid, and investigators later accused former officer Gerald Goines of lying to obtain the warrant on which he based the raid. He is now charged with murder.

In the wake of the incident, the police department launched an internal criminal probe, along with an administrative audit of the Narcotics Division.

[…]

In February, after questions from the Chronicle, Rep. Gene Wu, D-Houston, and a coalition of other Houston-area state representatives called on Acevedo to make the document public. The chief balked, saying he did not want to endanger the county’s criminal case against Goines and said the document included the names of undercover officers and could reveal information about confidential informants.

Because of the nondisclosure agreement, Wu said he could not comment on the specifics of the document. But he said that reviewing it only confirmed his belief that it should be public.

“Even without the redactions, there is little that can be gleaned from it that is not already public knowledge or could in any sense jeopardize an ongoing investigation or prosecution,” he said.

Yes, release the audit. The public needs to know. The criminal case will be fine – Kim Ogg is filing a bunch more charges now, in part because everyone involved seems to have a problem with telling the truth – but even if that were a problem, this is HPD’s mess. They need to come clean. The Chron editorial board and Odus Evbagharu, Chief of Staff to State Rep. Jon Rosenthal, have more.

UPDATE: And just like that, a draft of the audit was released on Twitter. Here’s a Chron story about it. Now let’s see some followup on this, because audits are all about actions.

Steps towards more transparency

Step One:

Mayor Sylvester Turner said Friday he is reviewing an internal audit of the Houston Police Department’s embattled narcotics division and will send the results of the probe to state lawmakers who have called for its public release.

Turner revealed the news days after state Rep. Gene Wu, D-Houston, authored a letter signed by seven other House members that called on Police Chief Art Acevedo to publicly release the audit’s findings.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of the home’s two residents and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant used in the operation. That officer, Gerald Goines, has been charged with murder and faces federal civil rights charges.

Twice in the last two weeks, Turner has declined to say whether the audit should be released, and he had not admitted to reviewing it himself until Friday. He said he is giving lawmakers access to the audit as long as they promise not to reveal it to the public.

“As I go through the audit — and I’m going through it now — you don’t want to disclose the identity of officers who have been acting undercover and expose them to risk,” Turner said after a roundtable on police reform at City Hall. “But I do understand the importance of making it available to our legislative colleagues, so that they can see it for themselves.”

[…]

Wu on Friday said it was not enough to release the audit only to lawmakers.

“This is an investigation of a public agency, of public servants’ wrongdoing,” he said. “It’s absolutely 100 percent in the public interest and right to know what public servants are doing. I cannot imagine we would tolerate this from any other city or state agency where we suspected rogue employees or individuals. The public not only has a right to know, it needs to know.”

Rosenthal echoed Wu in calling for the report to go directly to the public, not House members.

“Taxpayers paid for that report, they pay for that department, it belongs to the people,” Rosenthal said. “I’m disappointed they would ask us to not send it to the people. Our ask was that it be made public.”

State Rep. Garnet Coleman, D-Houston, said he “appreciates” Turner’s decision to allow lawmakers to review the audit.

“I think it’s important in this time that transparency is there. In a strong mayor form of government, that is a call the mayor can make,” he said. “I still think it should be public, that hasn’t changed.”

I say again, release the audit. If there are some people named in it who are not under any suspicion or who have no connection to the underlying problems, then go ahead and redact them out of it. Otherwise, I agree completely with what the representatives are saying. This is information for the public.

Step Two:

A group of 20 marched through drizzling rain on the downtown Houston streets Friday where thousands had just gathered for George Floyd, now demanding justice for a Hispanic man killed by police in April.

The rally ended in front of the Harris County Criminal Justice Center, where about a dozen more supporters joined and called for Houston police to release body camera footage of the incident in which 27-year-old Nicolas Chavez was fatally shot by lawmen while, according to a cell-phone video of the encounter, on his knees.

“I know that they’re going to make him look bad and they’re going to try to justify what they did,” said his mother, Leantha Chavez. “In the end, it doesn’t matter what he did. He was on his knees when they shot him and he was unarmed.”

Chavez’s family and friends emphasized that he seemed to be undergoing a mental crisis. His 5-year-old son stood nearby during the gathering outside of the courthouse, holding a sign that read, “Abolish the police!”

Houston Police Department spokesman Kese Smith said while the family viewed their footage, the agency needs to consult with the Harris County District Attorney’s Office before releasing video to the public.

“The family’s wishes are obviously a very important part of it, but we have to have conversations with the District Attorney’s Office as well,” Smith said.

“We are certainly available to police if they want to discuss concerns about body cam videos or any other evidence,” said Dane Schiller, spokesman for the Harris County District Attorney’s Office. “We independently review all officer-involved shootings and we present all the evidence in every instance to a grand jurors, regardless of whether it has previously been made public, so they can determine whether a criminal charge is warranted.”

Houston Police Chief Art Acevedo has asked the FBI to review the April 21 death of Chavez. He called the cell phone video “difficult” to watch but has yet to make public any of the police department’s roughly 70 videos that captured the shooting.

The whole point of body cameras, and the reason why there was such a demand for them in recent years, is precisely because they can shed light on contentious and disputed interactions between the police and the public. If the DA needs some time to review the footage to determine whether or not to bring charges, that’s fine, but let’s not draw this out any longer than necessary. This is, again, information for the public. Let’s act accordingly.

Release the audit

That’s my three-word response to this.

A growing chorus of elected officials is calling on Houston Police Chief Art Acevedo to release the findings of an internal audit on his department’s narcotics division, arguing that the chief’s refusal to do so contradicts his vows to be transparent and accountable.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of two homeowners and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant he used in the operation.

Now, with the death of George Floyd in Minnesota galvanizing worldwide protests and searing scrutiny of police departments across the country, state Reps. Anna Eastman, Christina Morales, Jon Rosenthal, Senfronia Thompson and Gene Wu are renewing their call from March for Acevedo to release the audit. And they are joined by three other members of the Texas House — Garnet Coleman, Gina Calanni and Mary Ann Perez — along with U.S. Rep. Sheila Jackson Lee and more than half of Houston City Council.

Wu, who wrote both letters, said that the chief’s reluctance to release the audit is at odds with his past pledges to be transparent and hold officers accountable.

“The violations of policies, procedures and laws by officers in the Narcotics Division must be made known to the public,” wrote Wu, D-Houston. “If there are other officers who have repeatedly broken the law, the continued concealment of their behavior does a gross disservice to reputations of officers who are doing their jobs well.”

You can read the rest, and you can see a copy of the letter here; page two is visible on Dos Centavos, which is where the signatures are. I mean, being transparent means doing stuff like this. If there really is some content in that audit that might affect prosecutions, a little redaction is acceptable, as long as the substance of the report is not changed. But come on, either you meant it when you said you wanted to be transparent or you didn’t. Show us what you meant.

On a related note:

The mayor shouldn’t pretend that the calls for police reform were suddenly sprung on him this week. His own transition team in 2016 made a litany of reform recommendations. Our organizations participated in the committee, as did senior members of the mayor’s administration. Then in 2017, city council spent $565,000 on a 10-year financial plan that included recommendations to cut some of the 75 percent of the budget spent on public safety over that time span.

Houston does not need another study. What we need is action on the existing recommendations for police reform. After participating in the transition committee, our organizations established the Right2Justice Coalition. We have met regularly to address ongoing issues of policing and criminal justice in Houston and Harris County. Today, we are publishing a progress report of existing recommendations from Turner’s 2016 Transition Committee on Criminal Justice and the 2017 10-year financial plan.

The progress report shows that the city has implemented only a few of the recommended reforms, the most significant being the consolidation of the city’s jails with Harris County in 2019. It has failed to adopt recommendations to develop, in partnership with grassroots organizations, a plan for community policing, to enact a cite-and-release policy to divert people accused of minor offenses from the criminal justice system, to combine 211 and 311 to better meet residents’ needs for non-police services, and to implement a body cam video release policy that “maximizes public access to footage in a prompt manner.”

And instead of civilianizing 443 positions as the 10-year plan recommends to save $5-10 million, the administration has increased the number of officers by 81 and shrunk the number of civilian positions by 258.

Delays in implementing these recommendations in the last three years have further eroded public trust. Turner and Houston Police Chief Art Acevedo’s actions speak louder than words — by that standard, their message is unchanged.

C’mon, guys. The time for action is now. You promised it, we want it. I know you can do it. Don’t let us down.

Time for a task force

A good step, but it needs to be followed by real action.

Mayor Sylvester Turner

Mayor Sylvester Turner plans to appoint a task force to review Houston Police Department policies amid growing calls for reform following local and nationwide protests over the death of former Houston resident George Floyd in Minneapolis police custody.

Turner’s office said the task force would focus on ensuring accountability and transparency within the department. He announced the task force Thursday night during an hourlong ABC13 town hall on police and community relations.

“It’s so important to hold onto the trust between the community and police because the two have to work together, not be against one another,” Turner said. “Establishing that confidence and that trust is a critical component. That’s why it’s important for all of us to listen, to listen to what people are saying, to listen to the reforms that people want to see put in place, and then to act on those reforms. And we’re going to seek to do that.”

It was not clear Friday when the mayor would appoint people to the task force or when it would begin meeting.

Turner publicly has not endorsed any specific reform, though he consistently has emphasized the importance of police training in television appearances this week.

[…]

Conversations about potential reforms began before Floyd’s death, Councilwoman Tiffany Thomas said. After a string of six fatal police shootings here in Houston, several council members met privately with Police Chief Art Acevedo to address the deaths.

Thomas said she would favor strengthening the oversight board; ensuring there are public and readily available records of complaints made by both citizens and officers against their colleagues; and having some sort of research arm — either within the city or with an external partner, such as Texas Southern University — that could parse through data to illuminate other options.

Councilman Ed Pollard has offered a budget amendment to create an online database where residents can view complaints made to the police department. Pollard said the information would boost transparency and give the public and policymakers data to inform future reforms. His amendment calls for building off an existing platform, called Project Comport, that is free and already used in other cities, though Pollard said it would carry some costs to set up.

“We (would) have a public, online platform that is able to compile the data and put it out in real time on different complaints,” Pollard said.

Councilwoman Letitia Plummer has proposed the furthest-reaching budget amendment. It would eliminate 199 vacant HPD positions in the budget and one of five planned police cadet classes. Plummer seeks to redirect about $11.8 million of the proposed police funding toward a package of reforms, including subpoena-empowered oversight board probes; increased spending on re-entry and My Brother’s Keeper programs; and creation of a mental health unit to respond to some low-risk calls instead of regular patrol officers.

See here for more about CM Plummer’s budget amendment and plenty of other reform ideas, some of which are within Councils’ power and others of which are not. The formation of a task force or blue ribbon committee is always the first thing done when there’s a serious problem that demands actions that some people are very much going to not like. It buys time, it diverts energy, and if you’re not careful the formation of the task force can end up being the sum total of action taken. Look to see who’s on the task force (and how long it takes for it to be named), what their timeline and mandate are, and who does or does not commit to take specific actions based on their recommendations. Then remember that it exists, and that we’re waiting for it to do its job, and that the longer it takes the less momentum there is.

Let’s talk “meaningful reform”

Chief Acevedo brought it up, so let’s go there.

Houston Police Chief Art Acevedo’s voice cracked several times and his eyes welled as he railed against the death of George Floyd beneath a policeman’s knee and implored protesters to demonstrate peacefully with him.

“I will not allow anyone to tear down this city, because this is our city,” Acevedo shouted on Sunday to the group of mostly black Houstonians surrounding him at one of many protests in the wake of video showing Floyd’s fatal encounter with police in Minneapolis. “Pay close attention! Because these little white guys with their skateboards are the ones starting all the s–t.”

Video of Acevedo’s profanity-laced remarks went viral and, along with his other blunt statements this week, won the chief acclaim from those outraged by the death of Floyd, a former Third Ward resident.

It has also drawn anger from those who say Acevedo has failed to address the very things he’s condemning at home. His calls for police to be more transparent and enact “meaningful reform” have refocused attention on a series of fatal shootings by his own officers, and his refusal to release body camera video of the incidents.

“We’re looking at him say one thing on camera, but locally, we know different,” said Dav Lewis, a local activist who was friends with Adrian Medearis, one of the men who died in the spate of shootings. “We know different locally. We have not seen police accountability.”

The chief has also resisted calls to release the results of an audit of his narcotics division, rocked last year by one of its worst scandals in decades, and he has downplayed calls to bolster the city’s Independent Police Oversight Board, long criticized as a “toothless watchdog” group.

“While these are great photo ops, and maybe the chief has political aspirations, and this is all warm and fuzzy kind of stuff he’s doing, it’s time for some action,” said Mark Thiessen, president of the Harris County Criminal Lawyers Association.

[…]

Protesters intensified their calls on Tuesday for Acevedo to make the videos public. Mayor Sylvester Turner’s remarks at City Hall were punctuated by several people chanting “release the tapes,” and hours later Acevedo was directly confronted by a group of critical protesters at the downtown park Discovery Green.

Some lawmakers questioned Acevedo’s rationale for not releasing the body camera video.

“It is not law enforcement’s job to worry about prosecution,” said state Rep. Gene Wu, D-Houston. “It’s their job to be law enforcement.”

Wu, a former prosecutor who has called on Acevedo previously to release his audit, said Acevedo’s attitude “does more of a disservice to taint the public’s perception than anything else.”

“Right now you have the general public believing the police hide things,” Wu said. “When other cities during this crisis have shown they can release body cams immediately — that they can fire and discipline officers immediately — the fact we can’t get videos released months, sometimes even years later, is very telling.”

There’s more, and you should read the rest. On balance, I think Art Acevedo has been a pretty good Chief of Police. It’s not at all hard to imagine someone worse in his position – the current Chief of Police in Austin, for example. I also think that some of these reform ideas should be taken out of his discretion and mandated by the appropriate governing body. For releasing body camera footage and just generally being more transparent about it, that could be the Legislature or it could be City Council. Point being, the less room he or any Chief has to stall on releasing said footage, the less time we have to have this debate about transparency.

There are plenty of other things that can be done, at all levels of government, with the local stuff having the greatest potential for swift adoption. Tarsha Jackson, formerly with the Texas Organizing Project and now on hold in the City Council District B runoff, recommended several changes to the police union contract. CM Letitia Plummer, thankfully recovering from COVID-19, has proposed a budget amendment that would:

-Require officers exhaust all reasonable means before shooting
-Ban chokeholds and strangle holds
-Require de-escalation
-Require officers give verbal warning before shooting
-Notify Independent Police Oversight Board when death occurs
-Give IPOB subpoena power

It would also redirect funds currently allocated for a police cadet class as follows:

$2M, fund separate IPOB investigations
$1M, build online portal for residents to report misconduct
$3M, police training
$2M, permanent revolving fund for the Office of Business Opportunity, no-interest loans to minority-owned biz
$2M, enhance Health Dept’s Community Re-Entry Network Program
$500k, enhance Health Dept’s My Brother’s Keeper program
$1M, equipment and implementation of a “CAHOOTS” program (Crisis Assistance Helping Out On The Streets)

The point of that last item is to redirect a class of 911 calls that now go to law enforcement to this Crisis Assistance program, so the police can handle higher priority calls. Look at the photos she embedded in this Facebook post (specifically, this and this) to get a better feel for this. The city of Eugene, Oregon has used a program like this successfully since 1989. I strongly suspect most police officers would be happy to not have to respond to these kinds of calls for the most part going forward.

Stace adds recommendations from 8CantWait, which largely overlap the items noted by CM Plummer and Tarsha Jackson. Again, these are things that could be done now, if we wanted to. If there’s something you want to do in this direction, call Mayor Turner’s office and your district Council member along with the At Large members in support of these proposals. There are many ways to make noise.

There’s still more. Looking at the federal level, Sherrilyn Ifill and a triumvirate at The Atlantic have a list of action items for Congress, including an end (or at least a serious cutback) to qualified immunity, national data collection and tracking of police conduct and use of force, stronger enforcement of Title VI of the Civil Rights Act, and more. Ifill notes that “Currently, officers fired for misconduct and brutality against innocent civilians can be hired by other departments”. This will sound depressingly familiar to anyone who remembers the story of Tulia.

I personally would add: Decriminalization of marijuana and a complete shift of focus on other drug offenses from arrest and incarceration to treatment; Expanding Medicaid, which as I have said a gazillion times before will do so much to provide mental health services to countless Texans; Really attacking the homelessness problem by funding housing for the homeless and raising the minimum wage so that more people can afford housing in the first place; and repealing SB4, the odious “show me your papers” law. I believe these things will drastically reduce the interactions that ordinary people – overwhelmingly people of color – have with the police and the criminal justice system.

None of these things are panaceas, and none of them directly address systemic racism – I will defer on that to those who can speak more directly from their own experience – but I do believe all of them will have the effect of reducing harm to the black and brown people who have always received the brunt of the violence that comes from encounters with the police. Again, much of this is doable right now. Clearly, some other items will require winning more elections, in Texas and around the country, but we can still get started on what can be done now. If Chief Acevedo wants to come out in support of any or all of these things, that would be nice, too. Whether he does or he doesn’t, we can make them happen anyway.

Coronavirus and crime

It’s down around the country. Turns out having everyone stay inside has a salutary effect, for the most part.

Crime rates plunged in cities and counties across the U.S. over the second half of March as the coronavirus pandemic drove millions of residents to stay inside their homes.

Police logged dramatically fewer calls for service, crime incidents and arrests in the last two weeks of March than each of the previous six weeks, a USA TODAY analysis of crime data published by 53 law enforcement agencies in two dozen states found. The analysis is among the largest studies measuring the impact of the coronavirus on crime and policing.

Massive drops in traffic and person stops – as much as 92% in some jurisdictions – helped drive sharp declines in drug offenses and DUIs. Thefts and residential burglaries decreased with fewer stores open and homes unoccupied, and some agencies logged fewer assaults and robberies. Bookings into each of nearly two dozen county jails monitored by the news organization fell by at least a quarter since February.

At the same time, calls for domestic disturbances and violence surged by 10% to 30% among many police agencies that contributed data. Several also saw increases in public nuisance complaints such as loud noise from parties. The Baltimore Police Department, for example, received 362 loud-music complaints in the last two weeks of March, nearly matching its total for all of February.

The trends reflect both a purposeful reduction in police activity and officer-initiated stops and the effect of stay-at-home orders that have closed huge swaths of Main Street and pushed people into their homes and out of traditional crime hot spots, such as bars, clubs and social events.

The Marshall Project did a similar look at a smaller number of cities in late March, and this AP report is fresh off the presses, and both saw the same basic thing. DUI arrests are down for the obvious reason that fewer people are driving, but that same decline in driving means a decline in traffic stops, which in turn means a big drop in drug possession busts. Some cities have stopped arresting people for low-level offenses anyway, as a coronavirus risk mitigation. Burglaries are a more interesting case – home burglaries are on the decline since most people are now mostly at home, but more businesses are closed, which does increase the target surface. HPD Chief Art Acevedo claims burglaries of businesses in Houston are up 18.9% – this KTRK story, which is based on the tweet in which Acevedo made that claim, just says “burglaries” are up, which is a misrepresentation of the Chief’s words – but he didn’t provide numbers or a time frame for that. And as the Marshall Project story says, crime can fluctuate quite a bit over a short time span for any number of reasons, so all this should be seen as very preliminary and not necessarily predictive. Let’s see what we’re seeing after another month of staying at home.

One crime that is definitely on the rise, in Houston and around the country, is domestic abuse, including child abuse. A spike in gun sales is unlikely to help with that. Being at home is safe for most of us, but not all of us. For people trapped at home with an abuser, there is no safety and now no escape. I don’t know what to do about that now, but as with so many other things, we need to give it a lot of thought, and more resources, so we are better prepared for the next time.

One more thing:

Many police departments say they are intentionally arresting fewer people to avoid the potential spread of the coronavirus in jails. Police in Delray Beach, Florida, are reducing proactive policing, such as drug busts. In nearby Gainesville, Florida, officers are increasingly issuing summons instead of making arrests for minor offenses, Police chief inspector Jorge Campos said.

“It’s not that we’re not enforcing (the law),” Campos said. “It’s that we’re finding alternative ways of dealing with the issue rather than make physical arrests.”

Huh. What if – stay with me here – we kept on doing that even after the coronavirus pandemic is over? It’s so crazy it just might work.

Is there anything Houston can do about gun violence?

Not much, unfortunately.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday said he wants state lawmakers to give cities and counties more flexibility to address gun violence in response to mass shootings this month that killed 31 people, including 22 in El Paso.

Turner made the remarks at City Hall while calling for a special session of the Texas Legislature on the issue of gun violence.

Current state law mostly forbids local governments from passing measures that restrict gun usage.

Among the items Turner said he would like to pursue are background checks on firearms sales at gun shows, including those that have been held at the George R. Brown Convention Center.

“If I could do it today, I would do it today,” Turner told reporters. “But the state has preempted us.”

[…]

In March, Turner announced the city was establishing a task force to combat local gun violence. Houston Police Chief Art Acevedo has been an outspoken advocate for stricter gun laws, telling Congress earlier this year that gun violence is “one of the greatest public health epidemics facing the nation.”

Turner also allocated $1 million for police overtime pay in April to help officers fight gun violence.

Turner’s comments Wednesday echo those made last week by Harris County Judge Lina Hidalgo, who floated the idea of ending the use of county property for gun shows. The county, however, has no power to enact ordinances.

Hidalgo said Wednesday she is working with Turner on a proposal to take “whatever action we can.”

“We are hamstrung by the legislature. They have passed laws specifically preventing us from making policy around gun safety,” Hidalgo said. “We’re really looking under every nook and cranny for what can be done.”

Dru Stevenson, a law professor at South Texas College of Law Houston, said the state’s lock on local action largely is absolute.

“The state preempts municipalities from having any type of gun control regulation at all,” Stevenson said.

Even Hidalgo’s idea about ending use of county buildings for gun shows likely would not pass muster, according to Stevenson, due to how strict the state preemptions are.

“They’re more likely to get away with it informally than if they adopt a policy,” he said. “Behind the scenes pressure or incentives might work, but the gun shows are big and lucrative for the conference centers.”

There may be some other things the city could try, but the story doesn’t suggest anything interesting. As with a number of other vexing issues, the real solution lies in another level of government. Really, both state and federal for this one, but there’s probably more direct action that could be taken at the state level, if only by undoing the restrictions that have been imposed. That means the first real chance to get something done will be at the federal level, if all goes well in 2020. We’re not getting anything done in Austin until Greg Abbott and Dan Patrick, at the very least, have been sent packing.

The local response (so far) to the ICE raids

This is good.

Houston’s top elected and law-enforcement officials sharply criticized federal authorities’ plans to arrest large numbers of immigrant families living without legal permission in major U.S. cities, contending that the raids targeting groups of recent arrivals would harm public safety and risk separating children from their parents.

Mayor Sylvester Turner and Police Chief Art Acevedo took to nationally broadcast programs to weigh in against the raids, which are set to begin as early as Sunday in at least 10 cities, including Houston. Officials from Immigration and Customs Enforcement appear likely to target immigrants who recently crossed the border and have been issued a final order of deportation.

“It’s one thing if the focus of these raids is on people with criminal records, people who have committed violent crimes, people who are part of gangs,” Turner said earlier this week on NPR’s All Things Considered.

The raids should not aim to deport people “who have been here for quite some time,” Turner continued, if “their crime is only coming here to seek a better way of living or to provide a better opportunity for their families.”

[…]

Harris County Sheriff Ed Gonzalez said his office would not participate in the raids, arguing that local involvement would “drive undocumented families further into the shadows” and damage community safety.

“It silences witnesses & victims & (would) further worsen the challenges law enforcement officials face,” Gonzalez, a Democrat, said in a tweet.

Harris County Judge Lina Hidalgo issued a statement containing information about the legal rights that people retain when interacting with ICE agents, such as their right to not answer the door if the agents do not present a warrant.

“These raids seek to subvert our sense of community by putting the very heart of Harris County, our diversity, in the cross-hairs of a shameful political maneuver,” said Hidalgo, a Democrat elected last year.

Turner issued a fresh statement Saturday saying the city would continue to offer services to all residents “regardless of who they are, where they are from, or their documentation status.” ICE had yet to contact the city about the raids, the mayor added.

“The president’s order for concentrated ICE raids against immigrant families in Houston and elsewhere stands against everything we represent as a welcoming city,” Turner said.

This is also good.

U.S. Rep. Sheila Jackson Lee met with faith leaders in Houston on Saturday to invite undocumented immigrants to seek refuge in churches, mosques and synagogues and call on religious organizations to open their doors ahead of Sunday’s anticipated deportation roundup by Immigration and Customs Enforcement officers.

“It is to my dismay that I have to come home to find many of those who live in my jurisdiction, my constituency, are panicked, frightened and in fear of their lives,” said Jackson Lee, a Houston Democrat. “I say to the federal authorities: that you are well aware and on notice that you are not able to come into a church and demand anyone that is a representative of the faith to give anyone to anyone.”

Jackson Lee gathered with faith and local leaders Saturday afternoon at the Living Water International Apolistic Ministries in Houston. The ministry, along with half a dozen other churches, announced it would shelter undocumented immigrants on Sunday who fear they are in danger of being taken by ICE.

“We want to be a beacon of light for those who may be in fear. So when I got the call, I couldn’t do anything but accept,” said Apostle Robert Stearns, leader of Living Water. “There is nothing strange to us in doing this. This is our heart and our passion.”

It’s a good start. Now we need to be ready for whatever the response to this is.

Looking to hire more cops for Houston

We’ll see about this.

The head of the Houston police union announced Wednesday that city leaders had pledged to grow the Houston Police Department ranks by 500 officers over the next five years, far fewer than the city’s police chief said he needs.

“It’s no secret the Houston Police Department has been doing more with less, for far too long,” HPOU President Joseph Gamaldi said Wednesday afternoon at a crowded news conference at union headquarters.

The influx of officers would still be a fraction of the 2,000 new officers Chief Art Acevedo has said he believes the department needs to deal with the city’s growth, but comes as Houston has struggled for years to meaningfully increase the staffing in the department.

Gamaldi’s initiative, which the union is calling the “Drive for 500,” came after union officials visited all of the city’s council members, as well as Mayor Sylvester Turner, and asked them to pledge their support to increase the department that has nearly 5,200 officers on the job.

[…]

Currently, the HPD operates on a yearly budget of $827 million, and it costs the department around $3 million to run each class of recruits through its in-house academy.

The call for more officers comes as the city management last year had to close a $130 million budget shortfall.

The staffing proposal follows a concerted campaign last year to reform the city’s pension system, which officials warned was underfunded and threatened the city’s long-term financial health.

Meanwhile, Chief Acevedo and Gamaldi have stepped up calls for an large infusion of new officers into the department, saying it is dangerously understaffed, particularly compared to other large cities around the country.

Though Houston has fewer police officers per resident than other large cities, I remain unconvinced that we need to go on a hiring spree. At the very least, I’d like to understand what the plan is for a larger force. HPD’s solve rate isn’t so hot, so if the idea is to staff up on investigators with the goal of closing out more cases, then I can be on board with that. If it’s more like hire now and figure it out later, I’ll take a pass.

As the story suggests, hiring more cops would likely be part of the argument to alter or lift the revenue cap. Not my preferred approach, but I admit I’m not representative on this. I am ready for this argument to be fully rolled out, in anticipation of a vote this year.

Law enforcement against the bathroom bill

Add another group to an ever-expanding list.

Police chiefs from three of the five biggest cities in the state gathered at the Texas Capitol on Tuesday to spurn proponents’ claims that such legislation is needed to protect privacy, arguing that proposals being considered by the Legislature are discriminatory, won’t keep people safe and would divert law enforcement resources.

“It may be great political theater,” said Houston Police Chief Art Acevedo, “but it is bad on public safety.”

The police chiefs were joined by public school officials, advocates for sexual assault survivors, representatives for the Harris County and El Paso sheriff’s offices, the Corpus Christi ISD chief of police and other members of the law enforcement community.

“If a bill like this were to be passed that would pull police officers’ time away from combating violent crime into enforcing a bathroom bill, it makes communities less safe,” said Austin Police Chief Brian Manley. “It is time not spent ensuring community safety.”

[…]

“I asked my department to go through the record. What we found is this: There were no known incidents of bathroom assaults performed by men posing as transgender women,” San Antonio Police Chief William McManus said Tuesday. “I am a believer that if you propose a bill to address a criminal justice concern, it is important to determine if there is an actual problem you are trying to solve.”

Corpus Christi ISD chief of police Kirby Warnke added: “School districts face multiple issues that the Legislature could help us with, but the bathroom bill is not one of them.”

As the story notes, this is the first time law enforcement has organized to speak out against the bill. I’m trying to think of any group that isn’t associated with professional conservatives who supports it, and I just can’t. In a sense, none of this matters, as the Senate went ahead and passed a bill that is basically identical to what they had passed in the regular session, by the same 21-10 vote as before (all Rs plus the insufferable Eddie Lucio), but that’s the wrong way to look at it. As I look at it, everyone who votes for this abomination is giving more and more people a good reason to vote against them next year, with a lot of those people being strongly motivated to see them get voted out. It’s also given a lot of people the chance to stand up and speak out for doing the right thing, which is always welcome. We’re going to lose battles along the way, but this is a fight we will win. The Press has more.

Get ready for the “sanctuary cities” lawsuits

It’s just a matter of time.

Now that Senate Bill 4 is on its way to becoming law, opponents are looking to the courts for relief – and a 2012 U.S. Supreme Court case is giving them hope.
The high court struck down parts of a controversial 2010 immigration law in Arizona on the grounds that Congress, not the states, has the power to create immigration law. Experts say that argument could come into play with Texas’ SB 4, which requires local jails to comply with immigration detention requests that federal officials have said are voluntary.

“My opinion is the state is regulating in the immigration field,” said Barbara Hines, senior fellow at the immigration reform group the Emerson Collective. “What the state of Texas is doing is they are creating their own detainer program. That is pre-empted. Immigration is a federal area.”

Among other things, SB 4 would create civil and criminal penalties for officials who disregard requests by U.S. Immigration and Customs Enforcement to extend the detention of jail inmates suspected of being in the country illegally. Those detention requests, or detainers, help facilitate possible deportation proceedings.

State Rep. Rafael Anchia, D-Dallas, predicted that the bill will follow the same course as Arizona’s SB 1070, better known as the “papers please” law because it required law enforcement officers in Arizona to demand the documentation of anyone they believed was in the country illegally.

Texas’ SB 4 doesn’t require officers to ask, but it prohibits sheriffs or police chiefs from keeping their officers from doing so.

“It allows local law enforcement to ask anybody on the street for their immigration status,” said Anchia, who chairs the Democrat-dominated Mexican American Legislative Caucus, which is fighting the state in court over redistricting maps it says are racially discriminatory.

[…]

Critics have argued the bill would separate families, deport well-meaning immigrants and create a fear in immigrant communities that might undermine their safety.

They picked up a legal argument this week after a group of mayors, including Austin Mayor Steve Adler, met with U.S. Attorney General Jeff Sessions for clarity on the ramifications for so-called “sanctuary cities.”

Sessions confirmed Tuesday to the mayors that compliance with the federal immigration detention requests sent to local jails — the central requirement of SB 4 — isn’t mandated under federal law. Rather, the jails can choose whether to hold inmates longer at the request of ICE, Sessions said.

That the comments came from such a high-ranking Trump administration official deflated the notion often associated with SB 4: that local officials like Travis County Sheriff Sally Hernandez are breaking federal law by choosing to ignore some ICE detention requests.

It also raised questions over whether the state could step in and create an immigration law making the detainers mandatory.

“It is inevitable that you will see cities and counties across the state suing the state. The overreach is unprecedented,” Austin City Council Member Greg Casar said. “I don’t know who died and made Greg Abbott (into) Putin, but our cities are going to fight back.”

See here for the background, and here for more on what Mayor Adler said about his meeting with Sessions. I hope opponents of this lousy bill flood the zone with lawsuits. It’s clear from the HB2 experience that setbacks in court will not stop the Lege from trying the same things again in the future, but it’s still necessary. Also, I say Greg Abbott has always had authoritarian inclinations, he’s just more comfortable expressing them in public now.

There will also be many headaches for law enforcement agencies, which strongly opposed SB4.

Houston Police Chief Art Acevedo spoke vehemently against Senate Bill 4 Thursday afternoon, calling it a dangerous move by the state Legislature because it would redirect limited HPD resources from crime fighting efforts to an initiative that does not improve public safety.

Acevedo did not share if HPD would alter its policies if SB 4 were to become law. However, he made it clear during the afternoon presser he would make public safety a priority over policies he believe are unrelated.

“I am carrying out my sworn duty and moral duty to speak out on matters of public safety. And I’m not here to keep a job to do it,” he said.

[…]

The legislation would force police to honor all federal requests to detain people suspected of being in the country illegally until federal authorities can investigate the person’s status. It also would prohibit local jurisdictions from passing or enforcing an ordinance that prohibits police officers from inquiring about a detained person’s immigration status, which would nullify the Houston Police Department’s 1990 policy on the matter.

“If that language does not get removed … we’re going to have some negative consequences,” Acevedo said.

Police departments across the state, including Houston, are understaffed, he said. And the bill would diminish those already limited resources, he added. Just this year Acevedo announced plans to target high-crime areas and violent documented gang members.

He also announced a joint effort with the Texas Department of Public Safety to decrease violent crime in the area by creating two squad assigned to the initiative.

However, he believes SB4 may affect those plans.

“We don’t have the resources, nor do we have the bandwidth nor the desire to be ICE agents. If I wanted to work for ICE, I would’ve applied for ICE,” he said.

Acevedo’s worry is that a police officer’s duty and the proposed policy will create a divide among departments throughout the state. While police officers are sworn to protect, he says the bill could open the door for harassment.

“I will lose my ability and authority to direct (my officers) workflow,” he said. “ … And all of sudden I’ll have a police officer that wants to go off and play ICE agent all day.”

He went on to add he hopes that isn’t the case, but that perception would be damaging for Houston – particularly on immigrant communities.

It’s not about what local officials want, it’s about what Greg Abbott wants. Sorry, Chief. The Chron, ThinkProgress, and the Press have more.

Tom Brady’s jersey recovered

Our long national nightmare is finally over.

On Monday morning, the NFL and Houston’s police chief reported [Tom Brady’s Super Bowl] jersey was located and will be returned to the Patriots.

Investigators with the Houston Police Department’s Major Offenders Division traced the jersey to Mexico, Chief Art Acevedo tweeted Monday morning, adding that it was recovered with help from the FBI as well as Mexican authorities.

HPD says the Major Offenders Division is “responsible for the investigation of highly specialized and often unique types of criminal activity that fall outside the scope or expertise of other investigative divisions.”

The division has investigators who focus on specific crimes like fugitives, illegal dumping and animal cruelty. It also participated in the FBI’s interagency task forces, including one aimed at major thefts.

The 2017 jersey was found along with Brady’s jersey from the team’s 2015 Super Bowl victory “in the possession of a credentialed member of the international media,” NFL spokesman Brian McCarthy said in a statement.

At a morning press conference at HPD headquarters, Acevedo said the suspect in the jersey theft “came to the wrong state. You don’t come to Texas when the eyes of the world are upon the state.”

Acevedo said the suspect had legitimate access to the event and was not a ticket holder.

Acevedo said the NFL’s private security was in control of the locker room from which the jersey went missing. He suggested they “check their protocols,” since the 2017 jersey was recovered along with a 2015 game jersey of Brady’s that was apparently also stolen.

He said while the Texas Rangers participated, it was Houston investigators who found an informant who pointed the investigation to Mexico.

Video footage helped investigators and likely will serve as evidence for criminal charges expected from the U.S. attorney’s office, the chief said.

Acevedo said the department devoted a “handful” of investigators from the Major Offenders Division to the case but told them not to “burn the midnight oil.”

“This was not the highest priority of the Houston Police Department,” Acevedo said several times, pointing to a fatal shooting here over the weekend as a more pressing issue.

However, he suggested this resolved the “only blemish” on Houston’s moment in the international spotlight as a Super Bowl host.

See here for the background. Clearly, HPD is so good they were even able to solve a crime no one had known about. Texas Monthly adds some more details.

Implicated in the heist is Mauricio Ortega, a former executive with Honduras newspaper Diario La Prensa, according to Ian Rappoport of the NFL Network. Ortega had press credentials that granted him access to the Patriots locker room, and—stunningly—the search for the jersey (conducted as a joint operation by the FBI, the Patriots’ security team, the Houston Police Department, and the NFL) turned up not just Brady’s Super Bowl 51 jersey, but also his Super Bowl 49 jersey, and a Denver Broncos helmet that may have belonged to a player in that team’s victorious appearance in Super Bowl 50.

Curiously, the existence of a stolen Super Bowl 49 jersey wasn’t much in the news despite claims that Brady brought it up in interviews following the theft (if he did, we haven’t seen them). It also raises questions about other jerseys worn by other players in the big game. It’s possible that Ortega, or whoever is ultimately found responsible for the theft, is just a massive Tom Brady fan who targets the quarterback exclusively. But it’s also possible that other players have lost their jerseys, helmets, or other memorabilia and simply not spoken up about it.

Who knew? Thanks to HPD for the good work, and please send the bill for any overtime used to NFL Security, which needs to step up its game. Deadspin, Pro Football Talk, Yahoo News, the Trib, and the Press have more.

Ogg launches her pot prosecution reform program

We’ve been waiting for this.

Kim Ogg

The Harris County district attorney’s plan to decriminalize small amounts of marijuana drew reactions swift and strong Thursday from both sides of the debate.

District Attorney Kim Ogg made the announced Thursday backed by a bevy of local officials, including Houston Mayor Sylvester Turner, Houston Police Chief Art Acevedo, Sheriff Ed Gonzalez and Harris County Commissioner Rodney Ellis.

“The sky will not fall,” Acevedo said as he voiced his support. “There are already critics out there. We’ve been down this path before with my old department. Rather than see an uptick in crime, in the city of Austin we reduced violent crime between 2007 and 2014 by 40 percent.”

Bellaire Police Chief Byron Holloway, however, said the program seems similar to a program former District Attorney Devon Anderson put into place.

“At first blush, I’m not seeing a difference,” he said. “This is basically giving deferred adjudication up front.”

Yes, that’s my impression as well. This earlier story gives the details.

The policy, set to begin March 1, means that misdemeanor offenders with less than four ounces of marijuana will not be arrested, ticketed or required to appear in court if they agree to take a four-hour drug education class, officials said.

Ogg said the county has spent $25 million a year for the past 10 years locking up people for having less than 4 ounces of marijuana. She said those resources would be better spent arresting serious criminals such as burglars, robbers and rapists.

“We have spent in excess of $250 million, over a quarter-billion dollars, prosecuting a crime that has produced no tangible evidence of improved public safety,” she said. “We have disqualified, unnecessarily, thousands of people from greater job, housing and educational opportunities by giving them a criminal record for what is, in effect, a minor law violation.”

Officials have said it could divert an estimated 12,000 people a year out of the criminal justice system and would save officers hours of processing time now spent on low-level cases. More than 107,000 cases of misdemeanor marijuana cases have been handled in the past 10 years, officials said.

Since there is no arrest, there is no arrest record. Since there is no court date, there are no court documents connected to the encounter. The plan calls for officers to seize the marijuana and drop it off at a police station at the end of their shift, along with a record of the encounter in case the suspect does not take the class.

“You do not get charged with anything,” Assistant District Attorney David Mitcham, who heads the DA’s trial bureau, said Wednesday. “You have a pathway where you can avoid going to court.”

[…]

At the sheriff’s office, the new policy will save up to 12 hours of processing time per month for as many as 1,000 suspects, a move that will ease the workload on administrators and jailers who transfer and process inmates, officials said.

“We’re really encouraged by these swift actions by the district attorney,” said sheriff’s spokesman Ryan Sullivan. “And we are looking forward to working with Harris County’s criminal justice leadership identifying common-sense solutions to our broken criminal justice system.”

Sullivan said the move would likely not affect the jail population significantly, since most misdemeanor marijuana offenders move quickly in and out of jail. On Wednesday, just 12 people were jailed on misdemeanor marijuana offenses and unable to make bail, he said.

Elected district attorneys are given wide latitude in their discretion about how to enforce laws in their jurisdictions. Diversion programs, such as drug courts, have been widely used across Texas, and Austin has launched a “cite and release” program in which low-level drug offenders are given tickets and required to appear in court.

Under the new local program, police would identify a suspect to make sure they do not have warrants or other legal issues, then would offer them the option of taking the drug education class. If the suspect takes the class, the drugs are destroyed and the agreement is filed away.

A suspect would be able to take the class over and over again regardless of past criminal history, officials said.

The new program will keep police on the streets longer each day and reduce costs for lab testing of the drugs, Mitcham said.

If the suspect does not take the class, the contraband will be tested, and prosecutors will file charges and issue an arrest warrant. Offenders could then face up to one year in jail if convicted of the Class A misdemeanor.

The model to think about here is traffic tickets – speeding, running a stop sign, that sort of thing. You get a ticket instead of getting arrested (generally speaking, of course), and you have various options for disposing of the ticket without it appearing on your record. As with speeding tickets but unlike the program put in place by former DA Devon Anderson, you can get a do-over if you get cited again. Given all the strains on the jail lately, keeping some number of mostly harmless potheads out of jail, while keeping cops on the street instead of hauling said potheads downtown for booking, sure seems like a win to me.

As for Montgomery County DA Brett Ligon, whose press release is here, last I checked Montgomery County was not part of Harris County. State law allows for police departments to write citations for low-level drug busts instead of making arrests, and prosecutors have a lot of discretion in how they handle criminal charges. He’s as free to do his thing as Kim Ogg is to do hers, as long as the voters approve. Well, as long as the Lege approves as well, which given that Dan Patrick is having the vapors over this, could change. As we are seeing with many things, the Dan Patricks are out of step with the mainstream. It may take awhile, but that will catch up to them eventually. The Press and Grits for Breakfast have more.

HPD retirements

This is a concern, but I don’t think it’s a big one.

A dozen of the Houston Police Department’s top commanders were among 123 officers who filed paperwork this week indicating they plan to retire in the first half of next year, senior City Hall and HPD sources said, a sign that a rumored exodus driven by unease about possible pension reforms may be underway.

As of last month, the department’s retirements for 2016 were on pace with the attrition rates seen in recent years. However, the number of officers now expected to leave by July 1 – the earliest a new pension structure would take effect, if Mayor Sylvester Turner can get the proposal passed at the Legislature – far outstrips the typical volume of about 50, HPD spokesman John Cannon said.

Officers can retire at any time, but Wednesday was the deadline for those who wish to enter a program called “phasedown” in which employees effectively retire but retain some benefits of employment while using up accumulated vacation days and other paid time off.

The uptick in retirement filings comes as city officials and law enforcement experts acknowledge the police department already is understaffed. HPD has fewer officers on the street today than it had to police a much smaller city 15 years ago, and a recent operational study recommended ramping up hiring to improve the rates at which crimes are solved.

City leaders long have been concerned that huge numbers of first responders are eligible to retire, as many were encouraged to stay on the job by the pension benefit increases Turner now is working to roll back. About 37 percent of police officers and 25 percent of firefighters are eligible to begin drawing a pension.

The mayor cast the number of retirement filings as a positive, saying it was lower than some had predicted.

“Considering there are 1,900 officers eligible to retire, I view this as a positive response to the pension reform,” Turner said. “These numbers are in line with what we normally see. They are definitely far lower than the hundreds of retirements some had speculated we would have. Instead, we have hundreds who are staying. I want to thank them for their commitment and vote of confidence in the pension reforms.”

[…]

Many senior HPD chiefs face a fairly obvious decision to retire because of a provision that essentially drops the salaries on which their pension payments would be calculated to that of captain. The effect is similar for some lower-ranking officers, as well.

“Folks have to make decisions based on their personal financial consequences if they were to stay, and I understand that,” Acevedo said. “I’m confident that regardless of the numbers, our men and women are up to the challenge and are committed to doing whatever it takes to keep Houston safe, which is as simple as starting an overtime program where all hands will be on deck, working patrol or whatever other function needs to be worked.”

Acevedo also was unphased by the prospect of losing as many as 13 of HPD’s top 17 commanders, the number sources said filed retirement papers Wednesday, in part because he intends to flatten the command structure.

“You hate to see a lot of good people leave, but the sky’s not going to fall,” he said. “With the retirement of good people, it creates opportunities for other good people who are full of energy, ready to lead and probably will bring a new, fresh creativity to their position. We’ll get through it.”

I agree completely with Chief Acevedo. HPD and the city will be fine. The hiring of the new chief, who is planning to make changes in the command structure, would likely have spurred a few departures even in the absence of the pension change. There will likely be some bumps in the road, but this is just the circle of life. We will indeed get through it.

Chief Acevedo’s priorities

They sound good to me.

When Houston police officers shot and killed an armed man standing in a street intersection this summer, officers’ body cameras taped the incident – but the recordings didn’t start until after the man had been shot.

The video released to the public didn’t convince skeptics that police were telling the truth about the man allegedly pointing his gun at the officers. And critics questioned whether the department’s homicide division could investigate the officer-related shooting death objectively.

After just two weeks on the job, Art Acevedo, Houston’s new police chief, is calling for two major changes in department policy to improve transparency. He wants body cameras to start recording automatically when police officers exit their vehicles, and he plans to create a specialized unit this spring that will investigate officer-related shootings and alleged wrongdoing by police.

“To me the relationship between a police department and a community starts with legitimacy,” Acevedo told the Houston Chronicle this week. “Cameras and the way we investigate officer-involved shootings … is absolutely the most important aspect of what we do to build that legitimacy and to build that trust. That’s why I’m starting there.”

[…]

Automatically activated body cameras could help prevent situations like the Braziel case in which critical moments are not captured on video. Acevedo said they also would simplify things for police.

“When an officer turns a corner and they see a person being shot or assaulted or stabbed, the last thing they should be worrying about is hitting a button,” he said.

Along with the camera policy, Acevedo said he plans to change how the department handles officer-involved shootings and other criminal investigations of police.

“Hopefully by the end of the first quarter, we’ll be establishing a special investigations unit that will be handling officer-involved shootings and officer-involved criminal allegations,” Acevedo said.

At a meeting Thursday, the chief said he hopes the new unit will launch in April as part of a larger reorganization.

Currently, officer-involved shootings are investigated by three entities: HPD’s homicide and internal affairs units, and the Harris County District Attorney’s Office.

The new unit, whose members Acevedo says he will “hand-select,” would investigate officer-involved shootings, taking the place of homicide detectives.

“It’s a matter of prioritizing their limited bandwidth,” Acevedo said, noting that each year homicide investigators get about 45 officer-involved shootings added to their load of 300 or so murder cases.

The body camera proposal makes a lot of sense. There are cost questions, both for the hardware and for the increased storage, but those are surely surmountable. As for the special investigations unit for police-involved shootings, the main concern here is sufficient transparency to ensure public trust. Either people will believe this unit will do a fair and impartial job, or they will believe that it will tip the scales in favor of the officers. The rest is mostly details. So far there’s no real opposition to any of this, but we’ll see what happens as these ideas move forward. The Press has more.

Acevedo and Pena confirmed by Council

They’re officially official now.

HoustonSeal

City Council unanimously confirmed Art Acevedo and Samuel Peña as Houston’s new police and fire chiefs Wednesday, clearing the way for the mayoral appointees to take office.

Acevedo, Austin’s former police chief, is poised to take the helm of the city’s police department Thursday, while El Paso Fire Chief Samuel Peña is set to assume local duties in mid-December.

Acevedo said he intends to adopt a model he calls “relational policing.”

“Every person that we contact as members of the Houston Police Department – whether it’s a 911 operator, crime scene tech, police officer on the front line, the detectives – is an opportunity to create a relationship,” Acevedo said. “It’s about the way you treat people. I think you start with transparency. You respect people. … You engage the community. Because the police is not us or them. We are the community.”

[…]

Peña, 47, said he looks forward to working with the Houston Fire Department to “make this community the great community that it should be.”

“It’s not lost on me the trust and responsibility that you guys have placed on me,” Peña told Turner and the council. “I pledge my whole loyalty to the Houston Fire Department and the city of Houston. And what I ask from the Houston firefighters is that they pledge their loyalty to this community, as well.”

See here for the background. Both have some challenges ahead of them, and I look forward to seeing how they tackle them. Welcome aboard, gentlemen. KUHF and the Press have more.

Time once again to discuss Latino political participation

Let’s jump right in.

Ed Gonzalez

Ed Gonzalez

The long wait continues for Houston and Harris County residents eager for a steep uptick in elected Latino representation.

Hispanic residents last year were 42 percent of the county population, up from 23 percent in 1990, yet Houston has yet to elect a Latino mayor, and no at-large City Council members are Hispanic.

At the county, low-profile Treasurer Orlando Sanchez is the lone countywide Latino elected official, judges aside. Even Harris County’s congressional delegation lacks a Hispanic member.

By January, however, that will change. Four of the area’s most prominent public officials are going to be Latino, thanks to three recent Houston appointments – Police Chief Art Acevedo, Fire Chief Samuel Peña and school Superintendent Richard Carranza – paired with the election of Ed Gonzalez as county sheriff.

University of Houston political scientist Jeronimo Cortina framed the rise of these leaders as providing an opportunity to boost Hispanic civic engagement.

“It’s going to send an empowering message to Latino kids that they can do it. It doesn’t matter how you look or where you come from,” said Cortina, who specializes in American and Latino politics. “People are going to get motivated, especially the young generation.”

Hispanics punch below their weight at the ballot box nationally and locally, where voters with a Spanish surname represent just 21 percent of registered voters despite being a plurality of Harris County residents, according to Hector de Leon, who directs voter outreach for the county clerk’s office.

That relatively low percentage has grown, however, as the region’s young Latino population has come of age.

Spanish-surnamed voters now make up 31 percent of Harris County registered voters between the ages of 18 and 24, according to de Leon, and a quarter of registered voters between ages 25 and 29. The share of Spanish-surnamed registered voters drops below 21 percent only among voters ages 50 and above.

Even so, voters with a Spanish surname made up just 17 percent of Harris County’s early vote this year, de Leon said. Election Day data was not available.

“If you engage Latino voters at this early age and excite them to participate politically, civically, then you’re going to be creating a very robust voting bloc that is going to be the future of the state,” Cortina said.

I don’t have sufficient data to make any firm statements about how Latino voting this year compared to 2012. That really has to be done at the individual precinct level and with the full roster of all voters. What I can do is note that in the most heavily Latino districts, participation was up this year over 2012:

CD29 – 117,291 votes from 239,552 voters in 2012; 136,801 votes from 264,213 voters in 2016

SD06 – 137,993 votes from 284,248 voters in 2012; 158,365 votes from 311,045 voters in 2016

HD140 – 24,213 votes from 53,338 voters in 2012; 28,652 votes from 59,339 voters in 2016
HD143 – 31,334 votes from 62,715 voters in 2012; 34,279 votes from 65,713 voters in 2016
HD144 – 24,673 votes from 54,579 voters in 2012; 28,120 votes from 57,173 voters in 2016
HD145 – 30,346 votes from 60,056 voters in 2012; 35,918 votes from 66,975 voters in 2016
HD148 – 40,230 votes from 71,705 voters in 2012; 49,819 votes from 79,995 voters in 2016

This is a crude measurement in several ways. For one thing, there’s a lot of overlap between CD29, SD06, and the five State Rep districts. For another, just because there were more voters doesn’t mean there were more Latino voters. Voting was up overall in Harris County thanks in large part to a significant increase in voter registrations. I haven’t compared the increases in these districts to the others to see where they fall proportionally. The point I’m making is simply that there were more votes and more voters in each of these districts, with the turnout rate being a bit higher in each place as well. It’s a start, and a step in the right direction.

As for the issue of Latinos in city government, I’ve said this before and i’ll say it again: Part of the issue is that there aren’t many Latinos who run for Council outside of Districts H and I. Roy Morales has made it to the runoff of two At Large races, in #3 in 2013 and in #4 in 2015, but that was because he nudged into second place ahead of a large field of other candidates and behind a clear frontrunner who then easily defeated him in the second round. Moe Rivera ran for At Large #2 in 2013 and 2015, finishing third out of four in 2013 and last out of five in 2015. Roland Chavez was one of the candidates Roy Morales nosed out in 2013. And of course there was Adrian Garcia running for Mayor last year, and I think we all understand by now why he didn’t do as well in that race as he might have hoped.

That’s pretty much it for Latino citywide candidates in the last two elections. Way back in 2009, when we were first talking about expanding Council from nine districts to 11, I asked Vidal Martinez why people like him didn’t do more to support Latino candidates who ran for At Large seats. I still don’t know what the answer to that question is.

Mayor Turner picks Austin PD Chief for HPD

From the inbox:

Mayor Sylvester Turner

Mayor Sylvester Turner

In a sweeping announcement, Mayor Sylvester Turner named four new department directors and a reappointment Thursday. Pending City Council confirmation, Art Acevedo of Austin will assume the position of police chief and El Paso’s Samuel Pena will take over the fire department.

“Acting Police Chief Martha Montalvo and Acting Fire Chief Rodney West have performed exemplary in dealing with some challenges and we are indebted to them for their service,” said Mayor Turner. “I had said all along that once we reached solution to our pension problems, I would move quickly to fill key positions. This is the team that will carry us into 2017 and beyond. We are going to build upon the successes of 2016 and be even more transformative, innovative and responsive.”

Acevedo has served as Austin’s police chief since 2007. His 30 years of law enforcement experience began as a field patrol officer in East Los Angeles. In Austin, he oversaw a department with more than 2,400 sworn officers and support personnel and a $370 million annual budget. He joined the department at a time when relations with minorities were strained due to questionable police shootings. He has been credited for a commitment to police legitimacy, accountability and community policing and engagement. His accomplishments include creating a special investigative unit to criminally investigate officer involved shootings and a new disciplinary matrix. Acevedo holds a Bachelor of Science in Public Administration from the University of La Verne, is a graduate of the FBI’s National Executive Institute and speaks fluent Spanish.

Pena joined the El Paso Fire Department in 1995 and then rose through the ranks to the position of fire chief, which he has held since 2013. He has previous experience as a fire fighter, paramedic, media spokesperson, advanced medical coordinator, Combined Search and Rescue Team member, Hazardous Materials & Special Rescue Task Force member and academy training chief. He has a Bachelor’s Degree in Criminal Justice and a Master’s Degree in Business Administration from the University of Texas at El Paso. He is a veteran of the U.S. Air Force where he served for four years as an air control specialist. Like Acevedo, he is fluent in Spanish.

The mayor also announced that he has selected Judge Elaine Marshall to be the new presiding judge of Houston Municipal Courts, Tom McCasland as the permanent director of the Department of Housing and Community Development and the reappointment of Phyllis Frye to another term as a municipal court judge.

The Statesman was the first to report on Acevedo’s hiring. Here’s the reaction from Austin:

During his tenure in Austin, Acevedo has flirted with several other major Texas cities, including Fort Worth, Dallas and San Antonio. Thirteen months ago, he withdrew from San Antonio’s hiring process and received a 5 percent pay raise and a new separation agreement should he be fired in Austin.

Austin Mayor Steve Adler released the following statement about Acevedo: “Houston is getting a world-class police chief. Chief Acevedo has made our community safer and closer and he is trusted and much loved by so many. Austin is losing a moral and joyous leader and I’m losing a friend.

“Losing Art Acevedo is a huge deal and replacing him will be a daunting task, in part because he gave so much of himself to his job and his community. But Austin is a safe city with a strong police force and we’ll have talented applicants to take his place. We’ll shortly have a new city manager and a new police chief, and this gives Austin a unique opportunity to enter a new era in our history.”

Here’s the Chron story, which is from before the afternoon press conference announcing the hires, and thus doesn’t have anything that isn’t in the press release or the Statesman story. All appointments need to be confirmed by Council, and they will be on the agenda for the November 30 meeting.

Fire Chief was the other big hire. Here’s the Chron story for that.

El Paso Fire Chief Samuel Peña has been tapped as Houston’s new fire chief, replacing Interim Fire Chief Rodney West, sources said Thursday.

Peña, 45, has led El Paso’s fire department for three years.

If approved by City Council, he would come to Houston in the midst of a contentious fire pension negotiation and as firefighters continue to voice concern about aging facilities and calls for new equipment.

Houston’s fire union stressed those challenges Thursday while urging Peña to stand up to City Hall officials.

“Job one for Chief Peña will be to better balance his obligations at City Hall against those he will have to the 4,000 firefighters who have earned his support,” the union said in a statement. We urge Chief Peña to challenge City Hall to commit to the ‘shared sacrifice’ imposed upon us by sensibly addressing the declining condition of the (Houston Fire Department) fleet and facilities, a too-often adversarial command staff and stalled contract negotiations.”

That was also pre-press conference. I’m sure we’ll get reactions and quotes shortly. The Austin Chronicle, the Press, Texas Leftist, Trib have more.

UPDATE: Here’s the updated Chron story:

Acevedo and Peña, who head smaller departments, said they look forward to the challenge of leading Houston’s public safety agencies, both the fifth largest in the nation.

“I am proud to be here in the city of Houston, and remember that criminals are the only ones who need to be afraid of the police,” Acevedo said in Spanish. “If you’re a victim … or a witness, come forward. We’re at your service.”

Peña comes from a department that responds to about 76,000 calls a year. In Houston he will see about four times that number and Thursday he said he anticipated a steep learning curve.

“I’m going to be drinking from the proverbial fire hose for a while, learning the processes and really getting to know the command staff, sitting down with the associations and the rank and file to find out what their priorities are, from their perspective, before we make any wholesale changes,” the 47-year-old said.

[..]

Acevedo, 52, inherits the difficult task of policing a rapidly growing city more than twice Austin’s size with a police staffing shortage and a tight city budget.

The city also is seeking to gain legislative approval for a pension reform deal that already prompted three top Houston Police Department chiefs to file retirement paperwork.

Acevedo asked the agency to have his back.

“I can just say this to the men and women of the Houston police department: I love cops. I love policing,” Acevedo said. “Just give me the chance to show you what the mayor saw in me.”

Phil Hilder, a criminal defense attorney and member of the city’s Independent Police Oversight Board, welcomed the selection of Austin’s chief.

“He has a very progressive history at the Austin Police Department and has been very responsive to community concerns and is open-minded to innovations and new ideas in policing,” said Hilder, who has also served as a federal prosecutor. “Policing is moving in a rapid direction, embracing new technologies which will require somebody at the helm who will embrace those innovations, in terms of training and to keep the community informed about where policing is going.”

Acevedo was known as an outgoing, progressive leader in Austin but weathered internal criticism over his handling of police shootings. Most recently, he fired the officer involved in the fatal shooting of unarmed 17-year-old David Joseph. The police union accused Acevedo of an “unjust and politically motivated firing.”

McClelland, Houston’s former police chief, warned of the obstacles the outsider could face.

“With community relations on the forefront, any outside police chief is going to have significant challenges … learning all the internal operations and managers and who are your talented folks in your organizations,” he said.

“He certainly was the right fit in Austin. …That kind of liberal progressive town, I think he was a good fit [there]. Houston is not Austin – we know that. How well he’ll do here, I don’t know.”

U.S. Marshal Gary Blankinship, a former Houston police officer and union president who has known Acevedo for a long time, described him as “very personable,” but also a resolute manager.

Acevedo’s police officers and federal marshals worked together in the recent arrest in Houston of one of three men charged with the attempted assassination of Austin District Judge Julie Kocurek in November 2015, Blankinship said.

“He’s very qualified to be the police chief of Houston – I wish him well and look forward to working with him,” said Blankinship.

Welcome to Houston, gentlemen. I too wish you all the best in your new jobs.