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Thread: Friends Claim Man Killed by Houston Police After High-Speed Chase Was CIA Agent

  1. #1
    Regular Member MetalChris's Avatar
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    Source

    Authorities are investigating mysterious claims that a man killed by Houston police after a car chase was a CIA agent, MyFOXHouston reported.[/b]

    Roland Vincent Carnaby, 52, was initially pulled over during a routine traffic stop Tuesday, but drove off when the officer discovered his concealed weapon license. A high-speed chase ensued, during which Carnaby was said to be armed.

    Houston officers said they shot him as he was getting out of his Jeep SUV because he made a sudden move, according to MyFOXHouston. He died en route to the hospital, police said.

    During a close inspection of Carnaby’s vehicle, police found two pistols and a rifle.

    While the CIA denies that Carnaby worked there, friends insist he was a federal intelligence agent, according to The Houston Chronicle. His SUV was reportedly owned by the National Association for Intelligence Officers and he was the president of the organization's local chapter.

    Friends say they witnessed Carnaby socializing with local law enforcement officials and high-level CIA bureaucrats.

    Car dealer Alan Helfman told the Chronicle that he met Carnaby more than a decade ago when "a mutual friend high in law enforcement" brought him to buy a car. Carnaby told Helfman that he was a federal officer who worked in intelligence, and the two became close.
    I wonder why he ran? He had a CCW...it just doesn't make sense.

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    http://news.google.com/news?q=Roland...cent%20Carnaby A G00gle web search gets different hits.

    A very strange story.

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    The black Jeep Commander Carnaby was driving is registered to the National Security Command Center. - http://www.myfoxhouston.com/myfox/pages/News/Detail?contentId=6439193&version=2&locale= EN-US&layoutCode=TSTY&pageId=3.2.1
    ----
    I'm not aware of the "National Security Command Center," and this might be the first crack in the eggshell.
    ----
    http://www.khou.com/topstories/stories/khou080430_tnt_chasefolo.b6bd990f.html

    A spokesman for the CIA said that while the agency doesn’t normally confirm or deny a person’s employment with the CIA, "he was never a CIA officer."

    David Adler was a case officer with the intelligence agency for five years and has met Carnaby. "It is almost impossible to find out if somebody claims to be an intelligence officer, if they really were unfortunately." When Adler looked at Carnaby’s things, he noticed details that might have slipped by a layperson. "This word 'completion' is spelled wrong," Adler said, pointing to one of the mementos and noting something off about another. "There is no 'Iraq Division' of the CIA." [Of course, a misspelling on a memento means little, if anything.]

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    Pointman wrote:
    [Of course, a misspelling on a memento means little, if anything.]
    I disagree. It is clear evidence of inattention to detail that wasn't tolerated in my little corner of civil service (where I was in the 85-percentile).

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    This is odd...

    They did not post a reason he would need to run. He had stopped and was talking to the police and then split.

    Maybe the CC permit was under his CIA fake name and he had to do everything he could to prevent it from being disclosed.

    Maybe he had a flashback and thought the cop was a KGB agent.

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    How can you have a "mysterious" claim?

    Its either claimed or it isn't.

    Its either verifiable or it isn't.

    Who "reportedly" said the SUV was owned by an intelligence officer's association?

    The only thing mysterious here is the reporter's reporting.


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    Campaign Veteran deepdiver's Avatar
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    This could end up being rather interesting.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Citizen wrote:
    How can you have a "mysterious" claim?

    Its either claimed or it isn't.

    Its either verifiable or it isn't.

    Who "reportedly" said the SUV was owned by an intelligence officer's association?

    The only thing mysterious here is the reporter's reporting.

    And we all know how accurate and unbiased the media is these days right?
    "You can teach 'em, but you cant learn 'em."

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    Yeah I'm sure he was a real spy.

    [flash=320,256]http://www.youtube.com/v/ZOaRmOLu21w&hl=en[/flash]

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    More than likely he is one of a million wannabe frauds.
    A. Gold

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    Regular Member VAopencarry's Avatar
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    All the CIA Operatives I know tell everybody and their brother where they work.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Would a CIA agent need a CCW? I would think that a CIA badge/ID would be like a LEO/FBI badge and suffice for CCW. This sounds like a spy wannabe that was about to be ousted.

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    VAopencarry wrote:
    All the CIA Operatives I know tell everybody and their brother where they work.
    Exactly. The only two groups I've seen that publicize this are (1) those who's employment there is publickknowledge (ie, they're NOT "operatives") or (2) those who are playing politics (whether local or national doesn't matter - and nor does it matter if they actually are employed there or not.).

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    It doesn't matter if he was a agent or not. The trigger happy boys in blue execute another one. After shooting him, they handcuff him and leave him to bleed out on the pavement. When asked why they didn't administer first aid till paramedics arrived, they answered, we are only trained in cpr, not first-aid. Really. Oh, and the weapons were only found after it was towed back to the yard. How convienent.

    http://www.youtube.com/watch?v=sEw2u3O8ATk

    http://www.youtube.com/watch?v=d_sDeb0ApVw



    http://www.chron.com/disp/story.mpl/...s/5748085.html
    For a person who was so supportive of law enforcement, Carnaby's final agony angers lawyer Brooten, who criticized the officers present for handcuffing him instead of administering medical care.
    "All of this other stuff (about Carnaby's mysterious life) is all very interesting, but it is of no consequence when you consider a man is dead and he died handcuffed and nobody tried to stop the bleeding or anything," Brooten said. "You know what you call that? You call that an assassination."
    Jett defended the officers at the scene, saying they are not trained to assist people with serious gunshot wounds.
    "We would handcuff people and try to get them comfortable, but we're not paramedics, and most officers don't know about giving first aid like that other than CPR, and you don't want to give CPR to a gunshot victim," he said.
    Investigators later found three weapons in Carnaby's car, police said. One pistol was under the passenger-side floormat. A second was between the seats. On the back seat floorboard lay a pistol-grip shotgun with a round in the chamber and the safety off.


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    Campaign Veteran deepdiver's Avatar
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    There is a lot more to come out of this. I would like to see more of the video of the stop. The brief parts shown in those 2 newsclips leave me feeling that I'm missing something.

    stevewonderful wrote:
    Jett defended the officers at the scene, saying they are not trained to assist people with serious gunshot wounds.
    "We would handcuff people and try to get them comfortable, but we're not paramedics, and most officers don't know about giving first aid like that other than CPR, and you don't want to give CPR to a gunshot victim," he said.
    Ok, so let's see if I understand this. If that had been an HPD officer shot, they would have all stood around looking at him and saying, "Dood, we would sooo like to help you, but, you know, we're not trained in giving first and stuff except for CPR and we aren't supposed to give you CPR if you've been shot. Can we do anything to make you comfortable?"

    Or if I were ever in an altercation where I got injuried in Houston I think I would call 911 and say, "Doooodd, send an ambulance but DO NOT send HPD because they'll just handcuff me, try to make me comfortable and let me bleed out!!"

    Ok, enough morbid humor. This is yet another case where it is not what is said but the way it is said that seems to show an utter disregard for the citizenry that the PD is supposed to "serve and protect" according to millions of police cars. Capt Jett could have said, "We do not train our officers in first aid, only CPR, and therefore have a department policy to just make the person comfortable until paramedics arrive." Fine, there's a policy. Good, bad or indifferent, there is a policy and if you don't like what hte LEO did, call the mayor's office and demand a change in the policy.

    The way Capt Jett said it is disingenuous because you KNOW, for an absolute FACT, that if a fellow officer had been shot, all of a sudden half those guys would have known first-aid and would have been finding shirts or towels and putting pressure on the wounds to staunch the bleeding until the paramedics got there. How dare Cpt Jett try to blow smoke up the citizens' butts! I swear, the number one enemy of LEO on the street are LEO in administrative positions.

    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Well said Deepdiver.

    Where's LEO229? I really can't wait to here his evaluation of these events.

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    I am not sure what treatment people expect the police to give to a shooting victim.

    Cops have a store brand first aid kit in the trunk. There is no morphine, scalpel, sutures, or a nurse. They are nt trained to crack open a chest and repair a bleeding organ.

    Shot in the armsor leg...?Direct pressure and elevate the injury.I am not sure what a cop can do for a shooting victim hit in the chest.

    Does he get cuffed even after being shot? Damn right!! This is going to almost always happen as the person could still be a danger after being shot. I know it does not seem all that warm and fuzzy... but your training kicks in and cuffing the bad guy is part of that training.

    So you tell me??What should be done with a guy that has been shot in the chest and is dying? What do you want the officer to do besides keep him from being ran over while he calls for rescue.

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    LEO 229 wrote:
    I am not sure what treatment people expect the police to give to a shooting victim.

    Cops have a store brand first aid kit in the trunk. There is no morphine, scalpel, sutures, or a nurse. They are nt trained to crack open a chest and repair a bleeding organ.

    Shot in the armsor leg...?Direct pressure and elevate the injury.I am not sure what a cop can do for a shooting victim hit in the chest.

    Does he get cuffed even after being shot? Damn right!! This is going to almost always happen as the person could still be a danger after being shot. I know it does not seem all that warm and fuzzy... but your training kicks in and cuffing the bad guy is part of that training.

    So you tell me??What should be done with a guy that has been shot in the chest and is dying? What do you want the officer to do besides keep him from being ran over while he calls for rescue?
    What they could have done is put on latex gloves and applied direct pressure to the wound. Regardless, what I took umbrage with was what was said by Jett and the way it was said rather than what they did at this point.

    The very short video clips do cause me to scratch my head as to necessity, but as I said, they are far too short to give context of a full picture of events to armchair quarterback the LEOs actions.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    deepdiver wrote:
    What they could have done is put on latex gloves and applied direct pressure to the wound. Regardless, what I took umbrage with was what was said by Jett and the way it was said rather than what they did at this point.

    The very short video clips do cause me to scratch my head as to necessity, but as I said, they are far too short to give context of a full picture of events to armchair quarterback the LEOs actions.
    Not all cops carry latex gloves when they should.

    Most cops fear contracting AIDS andHepatitis C from blood exposure.

    Direct pressure toa shot to the upper torso is pointless. You cannot stop internal bleeding from an organ.

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    I don't have a problem with the police cuffing a person they've shot. It's not like the guy in this case was preventing from attending to his own wounds! Civilians with firearms self-defense training are warned not to approach a downed suspect, let alone attempt to render medical aid.

    The more I've read about "Roland Carnaby" the more it confirms my initial impression that he was a fake wannabe. An actual covert CIA officer-- and I'm sure they're running all over Houston, TX -- LOL -- would not run from a cop, nor would they tell all their friends that they're CIA (or Homeland Security-- Mr. Carnaby apparently was at times confused about what agency "employed" him.) Nor would a actual CIA official attempt to verify his status by calling someone he happened to know with the local police or FBI-- the only people who could havetruly verified his employment with the CIA is the CIA. This guy undoubtedly had some Internet-bought or self-madefake CIA credentials and was about to be discovered, and possibly charged with impersonating a federal official, much to his embarassment. The police officer who stopped him didn't just accept the "credentials" at face value and wanted verification of their authenticity. And it is not as if having legitimate credentials exempts you from a speeding ticket. Legitimate covert ops people would want to BLEND in, drawing as little attention to themselves as possible. First of all, by NOT speeding, and secondly, if they do speed and are pulled over, to make it a short, sweet, forgettable traffic stop. Carnaby was undoubtedlya fake, and if by some wild stretch turns out to have actually ever worked in the intelligence field he was a piss poor employee.

    Oh what a tangled web we weave,
    When first we practice to deceive!
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    Even more interesting is the lawsuit filed by his wife. I suggest reading the PDF in the link due to better formatting.
    http://a.abclocal.go.com/images/ktrk...02_carnaby.pdf

    Paragraph 11 (so numbered) is interesting because of the incredible number of cases presented as potential improper use of force.

    Text supplied here for those using cellular phones or PDAs that can't read PDF files. Bolded for skimmers.

    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 1
    IN THE UNITED STATES DISTRICT COURT
    FOR THE SOUTHERN DISTRICT OF TEXAS
    HOUSTON DIVISION
    SUSAN CARNABY, INDIVIDUALY and )(
    AS REPRESENTATIVE OF THE
    ESTATE OF ROLAND CARNABY, )( CIVIL ACTION NO.:___________
    DECEASED,
    Plaintiff, )(
    v.
    )(
    CITY OF HOUSTON, HPD OFFICER
    CHARLES FOSTER and HPD )(
    OFFICER ANDREW J. WASHINGTON,
    Defendants. )(
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT
    TO THE HONORABLE JUDGE OF THIS COURT:
    NOW COMES SUSAN CARNABY, INDIVIDUALLY and AS
    REPRESENTATIVE OF THE ESTATE OR ROLAND CARNABY, DECEASED and files
    this original complaint against the City of Houston and HPD officers Charles Foster and Andrew
    J. Washington and sets forth as follows:
    JURISDICTION AND VENUE
    1. This Court has jurisdiction over Plaintiff’s federal claims, under 28 U.S.C. §§
    1331 and, 2201, 42 U.S.C. §§ 1983 and 1988, and supplemental jurisdiction, under 28 U.S.C. §
    1367(a), to hear Plaintiff’s state law claims under the Texas Tort Claims Act and other state law,
    if any.
    2. Venue is proper in this Court, under 28 U.S.C. § 1391(b), because the incident at
    issue took place in Harris County, Texas, within the United States Southern District of Texas.
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 2
    PARTIES
    3. Plaintiff is a resident of Brazoria County, Texas.
    4. Defendant Charles Foster is a City of Houston police officer and can be served
    with process at the Houston Police Department at 61 Reisner in Houston, Texas.
    5. Defendant Andrew J. Washington is a City of Houston police officer and can be
    served with process at the Houston Police Department at 61 Reisner in Houston, Texas.
    6. Defendant City of Houston in a municipality within the Southern District of
    Texas.
    FACTS
    7. On April 29, 2008 in the early afternoon the Houston Police Department stopped
    Roland Carnaby, 52, for speeding in the south of Houston, Texas. Roland showed the officer his
    identification and the officer checked Roland’s background via the squad car computers. Roland
    then drove off and a police chase ensued. At the beginning of the chase officers checked
    Roland’s record and found that he was not wanted by the law and had never been convicted or
    even arrested for a crime in his entire life. The police officers also confirmed that Roland had
    passed the rigorous background checks needed to obtain a lawful Texas concealed handgun
    permit.1 Despite this knowledge HPD chased Roland at speeds over 120 miles an hour through
    Houston streets and highways endangering any man, woman or child that they passed.
    8. Roland came to stop. With full knowledge of Roland’s background police
    attacked the vehicle with nightsticks and weapons drawn shouting for Roland to get out. When
    Roland complied an officer slammed Roland with the SUV door. Houston Police Officers Two
    1 Houston police officers claim the because Roland had a concealed handgun permit this made
    him more dangerous than someone who does not have a concealed handgun permit.
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 3
    officers at shot Roland Carnaby. Instead of administering any aid to the gunshot wound(s) the
    officers handcuffed Roland and left him lying facedown on the street.
    9. Roland died of a gunshot wound to the BACK which caused catastrophic loss of
    blood. Houston Police Chief Hurtt, policymaker for the City of Houston, viewed the various
    videotapes and evidence and stated that the actions of the police were consistent with the policies
    and practices of Houston, Texas.

    10. The two officers who shot at Roland have sustained disciplinary records including suspensions from duty for offenses including theft, violent striking of a prisoner, failure to abide by laws, not being truthful, insubordination and speeding.

    11. The following shootings of civilians by the Houston Police Department also involve questions of improper procedures regarding shooting when not in objective fear of their lives or the lives of others, stopping suspects in vehicles and extracting suspects from vehicles (this list is not exhaustive).

    4/11/08 - Tim Stokes, b/m, 28, killed when shot by Houston PD Sgt. Charles W. Jones (24-yr
    vet, North Patrol Div.), off duty and in plain clothes. Jones was visiting a friend when he heard a
    noise in the apartment parking lot. He looked out a window and saw someone breaking into his
    friend's car. When he approached the car and saw Stokes inside it, he claims he identified himself
    as a police officer and "gave verbal commands" to him. Jones further claims that Stokes then
    lunged at him with a screwdriver, and he shot twice, striking Stokes in the chest. Stokes is the 6th
    person known to have been shot to death this year by a Harris County police officer.
    4/9/08 - L. Mendez, 31, wounded when shot by Houston PD officer Carl T. Sanders, a 15-yr vet.
    Sanders tried to make a traffic stop, and a short pursuit followed. When Mendez was forced to
    stop at a dead end street, he began to run away on nearby railroad tracks. Sanders followed.
    Claiming he thought Mendez had a gun, Sanders shot once, striking him in the ankle.
    3/4/08 - Glenn Moreau, killed when shot by Houston PD officers C. Andersen, A. Rendon, R.
    Jennings, O. Maldonado, M. Franklin, and C. Darlow.
    2/22/08 - Marcus Anthony Alvarez, h/m, 22, killed when shot by Houston PD officers Osvaldo
    R. Gutierrez (Westside Patrol, 2-yr vet), Noe Juarez (12-yr vet) and Andrew Egras (4-yr vet).
    Alvarez and a companion had robbed someone outside a nightclub where the officers were
    working off-duty, and began shooting when the officers approached them. Alvarez was killed,
    and officer Gutierrez was shot in the leg. Alvarez is the second person known to have been shot
    to death this year by a Harris County police officer.
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 4
    2/20/08 - Demetrik Hurts, wounded when shot by Houston PD officer B. Gill.
    2/13/08 - Havanna P. Garcia, h/f, 29, wounded when shot by Houston PD officers A. Arriaga,
    J.R. Salinas and F. Cardoza (all 5-yr vets assigned to Southeast Patrol Division). Police say
    Garcia was driving a stolen car, and when they tried to stop her, they claim she "became evasive"
    and tried to strike them with the car while they were on foot. All the officers shot at her, and she
    was struck in the elbow.
    1/15/08 - Jose Ayala, h/m, 21, critically wounded when shot by 8 Houston PD officers. The
    officers are: G. Rodriguez (24-yr vet), J.A. Cantu (15-yr vet), M.T. Romero (23-yr vet), T.D.
    Haase (24-yr vet), J.B. Byrd (28-yr vet), J.L. Thomas (23-yr vet), all assigned to Eastside Patrol
    Div., and Sgt. R. Rodriguez (23-yr vet), and officer A.C. Dealejandro (22-yr vet), both assigned
    to South Central Patrol Div. Officers had stopped Ayala's vehicle to arrest him for probation
    violation. A chase ensued and, when Ayala finally stopped and got out of his car, officers claim
    he pointed a weapon at them and they opened fire. They claim he then tried to enter a house but
    failed, pointed a weapon at them, and they again fired on him. The weapon turned out to be a BB
    gun.
    2/31/07 - J. Varges, wounded when shot by Houston PD officer Richard Martinez, 27 (2-yr vet,
    Southeast Patrol Div.), working off-duty as an apartment security guard. Martinez noticed a
    woman crying for help as she sat in a car with a man; the woman told him the man had raped her.
    When Martinez tried to arrest Varges he was knocked to the ground. Martinez then fired once,
    hitting Varges. It is unknown how seriously he was injured. (media reports)
    10/18/07 - Raymond Smith Jr.
    b/m, 29, killed when shot twice by Houston PD officer Brian Marshall Bueno (5-yr vet), who
    claimed he feared for his life when the unarmed and naked Smith allegedly chased him. Bueno
    was ticketing another driver when Bueno stopped and got out of his pickup truck. He asked the
    other driver (apparently someone he knew) if Bueno was (expletive) with him, and an argument
    between Smith and Bueno ensued. Bueno began to pat him down, and witnesses say Smith's
    pants fell down. They say that when Smith tried to pull them up Bueno shot him with a Taser,
    which had no effect except possibly to annoy Smith, because he then tore off all his clothes and
    ran into some nearby woods. Bueno followed, but then claims Smith charged at him, so he shot
    him. Smith fell, but got up and ran to the patrol car, where police claim he tried to drive away.
    Bueno and backup officers pulled him out of the car, and Smith ran back into the woods, where
    he died. Smith is the 10th person known to have been shot to death this year by a Harris County
    police officer.
    8/14/07 - Brittnee S. King
    b/f, 18, wounded when shot on her 18th birthday by Houston PD officer Patrick Carraway (sworn
    in just 4 months ago, assigned to Northeast Patrol Div.) Officers saw a passenger in King's
    vehicle throw some trash out the window and tried to stop her. Apparently, King was near her
    home, and she instead continued driving to her apartment complex, where a code was required to
    enter. As she began punching in the code, Carraway claimed he saw a shiny object in her left
    hand, and shot her. King's mother says the "shiny object" was likely the bracelets she was
    wearing that night.
    7/31/07 - Reginald Lee Sumbler, b/m, 21, killed when shot multiple times by Houston PD
    officers Sergeant P.E. Ogden III (Eastside Patrol Division), Officer H.M. Wagner Jr.(5-yr
    veteran, Southeast Patrol Division), Officer T.S. Warren (Special Operations Division), and
    Officers Patrick J. Straker, A. Gonzales, R.L. Kent, and R.J. McCusker (SWAT). Police say
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 5
    Sumbler had called them, saying he wanted to die. The first officer to respond found him outside
    his home, holding a gun and a Bible. A CIT officer then spoke to him for nearly an hour,
    convincing him to move away from his gun and read his Bible. As he did so, SWAT officers
    arrived and began surrounding him. Alarmed by SWAT's arrival, police say Sumbler grabbed the
    gun; at least one witness said he didn't pick up the gun at this point. Police claim he then pointed
    it at the officers; witnesses say he did not. One of the officers shot once, and Sumbler fell
    backward into a ditch. He then grabbed for the gun, and all seven officers opened fire. Sumbler is
    the 8th person known to have been shot to death this year by Harris County police officers.
    See also 10/23/06 - Straker kills Mohammad Rafi; and 8/13/01 - Straker kills McLoren Anthony
    Jones; and 9/2/03 - Straker kills Mary J. Beasley; and 6/10/99 - Straker kills Demetrio Martine
    Hernandez; and
    8/11/05 - Wagner kills Ronald Charles Newman.
    7/21/07 - Steven Guillory, b/m, 39 and mentally ill, killed when shot by Houston PD officers
    T.K. Richardson and R.B. Wieners. Police say Guillory had threatened his mother with a knife,
    and she called 911 for help, telling them that her son was mentally ill. When officers arrived they
    said Guillory had a large pipe and appeared agitated. After about 20 minutes the officers moved
    away and called for backup; Guillory then began smashing the patrol car's windows and
    headlights. When the second officers arrived Guillory's mother told them her son was
    schizophrenic and bipolar, begging them not to shoot him. But they allege that Guillory threw the
    pipe at them, and Richardson and Wieners then shot him at least once. Once again, the Crisis
    Intervention Team either was not summoned or failed to respond to this call. Guillory is the 7th
    person known to have been shot to death this year by a Harris County police officer.
    7/21/07 - B. Pierre, is wounded when shot by Houston PD officer E. Browhow after robbing
    some women at gunpoint. Browhow chased and caught him, and a struggle ensued as Pierre tried
    to take the officer's gun. Browhow managed to hold on to the gun, but shot Pierre in the leg.
    7/3/07 - John F. Burks, b/m, 17, wounded when shot by Houston PD narcotics officer M. A.
    Dominguez (2-yr vet, Fondren Patrol), who says Burks tried to run over him. Working
    undercover, Dominguez was sitting in his unmarked car in a parking lot when he observed what
    he believed to be a drug deal. He apparently called uniformed officers, and when they tried to
    arrest Burks, Dominguez claims Burks accelerated rapidly toward him. (But the HPD news
    release states that Burks "swerved around the officer and his unmarked patrol vehicle.")
    Dominguez fired several shots at Burks, striking him in both wrists.
    See also 5/30/07 - Dominguez' partner shoots J. Rivas, 16.
    6/8/07 - Anthony Daniel Williams, b/m, 28, wounded when shot by Houston PD officer E.B.
    Cisneros (15-yr vet). Williams had stolen a car at gunpoint, and was fleeing from police when he
    crashed the car. He fled on foot, and was hiding behind a library book drop box when Cisneros
    ordered him to put his hands up and get on the ground. At first he complied, but then Cisneros
    claims he dropped his hands as if reaching for a weapon and made an overt move toward him.
    Cisneros then shot Williams in the chest, claiming he feared for his life. Williams did not have a
    weapon, and none has been found.
    6/3/07 - Clifford Jackson Fairfax, b/m, 42, wounded when shot in the leg by Houston PD officer
    R. Madrid (16-yr vet, North Patrol Div.) Fairfax was burglarizing a home when he saw the
    homeowner and Madrid pulled up to the house. He jumped through a window and began running
    away. Madrid claims Fairfax was holding a black object and turned towards him with it in his
    hand. Claiming he thought Fairfax was about to shoot him, Madrid fired once, striking Fairfax in
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 6
    the leg. The black object was Fairfax's wallet.
    6/2/07 - Darrell Gragert, 42, killed when shot by Harris County sheriff's deputy A. Waybright (5-
    yr vet), who found Gragert sitting in his car behind a car wash at 3:30 a.m. As the officer
    approached, Gragert got out of his car and said he was having car trouble. When he got back in
    his car to get his I.D., Waybright claims he started the car and reached behind his seat, refusing to
    show his hands. He then claims Gragert accelerated rapidly in reverse toward him. Waybright
    shot at Gragert three times, striking him in the hand and upper torso. It is unclear how a gunshot
    could have struck Gragert in his torso, since the deputy allegedly was standing behind the car. It
    appears Waybright violated HCSO policy by shooting at a moving vehicle. Gragert died an hour
    later. He is the 6th person known to have been shot to death this year by a Harris County police
    officer.
    5/30/07 - J. Rivas, h/m, 16, wounded when shot by Houston PD officer P. Kopulos as Rivas
    struggled with Kopulos' partner, M.A. Dominguez (both 2-yr veterans with Fondren Patrol). The
    officers say they saw two men and Rivas jaywalking and "acting suspicious," and began patting
    them down. When they found a gun on one of the men, the officers claim Rivas pulled a gun
    from his waistband and pointed it at them. Dominguez grabbed his hand. They further claim that
    Rivas shot at Dominguez as they struggled over the gun, grazing his cheek. Kopulos then fired
    two shots at Rivas, hitting him at least once. He was taken to the hospital in critical condition.
    See also, 7/3/07 - Dominguez shoots John Burks.
    5/12/07 - Alex Macario Rivera, aka Hegnor Irias h/m, 22, killed when shot in the back by
    Houston PD officer K.R. Barnes (9-yr veteran, Fondren Patrol), who was talking to a woman
    whose purse was stolen. As they spoke, a man identified a passerby as the person that had
    previously robbed him at gunpoint. Barnes approached Rivera, who allegedly "fled" into a nearby
    apartment complex. Police first claimed that Rivera then ran toward Barnes with a pistol, refused
    to drop the gun, and Barnes fired twice, hitting Rivera in the upper torso. Two days later officers
    admit that Rivera was shot in the back. Rivera is the 5th person known to have been shot to death
    this year by a Harris County police officer.
    5/10/07 - Alejo Castaneda Gonzalez, h/m, wounded when shot by Houston PD officer R.E.
    Briggs (16-yr veteran, Narcotics Div.), who was conducting an investigation when Gonzalez
    allegedly confronted him with a gun. Briggs claims Gonzalez fired at him, and Briggs shot once,
    striking Gonzalez in the abdomen. He is in stable condition.
    5/9/07 - C. Bennett, 26, wounded when shot by Harris County sheriff's deputy J. Garcia, a 15-yr
    vet. A motorist said he was being followed by another car and was directed to stop at a gas
    station where a deputy was waiting. When the deputy stopped the car, the passenger got out and
    tried to hide between other cars. Garcia claims he saw Bennett drop a magazine clip as he ran
    toward some nearby woods with a pistol in his hand. He further claims Bennett then turned
    toward him, and Garcia fired several shots, hitting Bennett at least once in the chest. He was
    Life-Flighted to Ben Taub Hospital in stable condition.
    5/6/07 - Marnell Robertson Villarreal, b/f, 42 and mentally ill, killed when shot once at Houston
    PD headquarters by HPD officer A.B. Clay, a 9-yr vet. Villarreal had first requested to speak to
    an investigator about a case involving her, but was refused entry because her name was flagged
    as someone who had previously tried to bring weapons into the building. Officers then saw her
    "wandering" on the street in front of headquarters, and again refused her entry when she asked to
    use the bathroom. She later rushed into the building, allegedly with a knife in her hand (Note: A
    witness claims it was similar to a butter knife), crying out, "Shoot me, kill me. I want to end
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 7
    this." As she focused her attention on Clay, officer E.D. Smith (5-yr vet), shot her with a Taser,
    which apparently failed to make contact. Clay then shot her in the chest. Villarreal was convicted
    in November of unlawfully carrying a weapon, and was ordered at that time to have a psychiatric
    examination; it is not known if the examination was arranged by the court or any other authority.
    Once again, no CIT officer was summoned, despite her unusual behavior for several hours before
    she was killed. Villarreal is the 4th person known to have been shot to death this year by a Harris
    County police officer.
    5/3/07 D. Rogers, shot by off-duty Houston PD SWAT officer Gilbert Reyes (28-yr vet) after
    robbing a restaurant. Reyes had just left a restaurant near the one that was robbed, and chased
    Rogers in his car. When he caught up with him, Reyes claims Rogers threatened him with a gun,
    and he shot him. Rogers ran into some nearby woods and was able to get to his home, where he
    called 911 to report he had been shot; and the police then arrested him.
    4/25/07 - Joseph Juan Flores, h/m, 23, wounded when shot by Houston PD narcotics officers F.P.
    Scoggins III and F. Rodriguez Jr., who were attempting to serve a search warrant. Officers claim
    there was no response to their knock, and forced their way into the apartment. They further claim
    Flores was pointing a gun at them at they entered, and both officers fired, striking Flores.
    2/10/07 - Michael Gene Meloy, w/m, 38 and apparently mentally ill, killed when Houston PD
    officer Scott C. Dalton (14-yr vet, NE Patrol Div.), shoots him in the torso with a shotgun. Meloy
    had robbed a liquor store then tried to hide behind the store. When the police found him, he
    began walking away, and officers followed him for several blocks, offering to take him to a
    hospital. According to a witness, who said he seemed "crazy but calm," Meloy responded, "You
    can't help me, just shoot me." Officers claim he lunged at them with a knife, and Dalton shot
    him. Despite his strange behavior, no CIT officer was reported to have been called. Meloy is the
    3rd person known to have been shot to death this year by a Harris County police officer.
    1/26/07 - Edward Thomas, 20, shot in the head, shoulder and side by Houston PD detectives
    M.W. Hamby, 47 (26-yr vet), and T.D. Butler, 34 (12-yr vet), who saw Thomas sitting in their
    unmarked car as they approached after having lunch. The officers say they identified themselves
    as police and ordered Thomas to surrender; instead, Thomas jumped into his own car (parked
    next to the detectives), and drove toward them. Hamby and Butler both opened fire, shooting
    three times through the windshield and twice in each of the front doors. At least 11 shots were
    fired at Thomas, who was unarmed. 1/9/07 - Robert McIntosh
    b/m, 23, shot three times and killed by Houston PD officer Leonard P. Smith, who had stopped
    the car in which McIntosh was a passenger for a broken tail light. Smith found the driver had a
    warrant from another county, and began to question McIntosh. He claims McIntosh pushed him,
    and ran. A struggle ensued after Smith caught up to him and shot him with a Taser. McIntosh
    then broke Smith's thumb when he managed to take the Taser away from him. Smith claims he
    then feared for his life, shot McIntosh, and handcuffed him. However, a witness (the wife of a
    church pastor) who saw the entire incident, and others claim that Smith shot McIntosh three
    times after he was handcuffed and on the ground. McIntosh was unarmed; he is the 2nd person
    known to have been shot to death this year by a Harris County police officer.
    1/7/07 - Omar B. Esparza
    h/m, 21 and known by police to be mentally ill, killed when shot by Houston PD officer Rodney
    D. Chaison Jr. (5-yr veteran). Esparza's parents had called 911 for help in taking him to a
    psychatric facility for evaluation after he locked the family out of the house. Police claim that he
    had assaulted his sister and was destroying their house with a hammer; the family dispute that
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 8
    claim and say Esparza did neither. (Those who were later inside the home said the home was
    orderly and there was no evidence of destruction; the 18-yr-old sister said her brother never
    assaulted her.) After police arrived they assured the family that their son would not be harmed; a
    CIT officer arrived and allegedly tried to talk Esparza out of the home, without success. After
    two hours, the CIT officer authorized other officers to enter the home to take Esparza into
    custody. The officers claim Esparza charged them with the hammer, and Pineda shot him dead.
    The father said he heard five shots within minutes of the officers entering his home, but the
    family was kept waiting 4 to 5 hours outside, not knowing their son was dead because the
    officers would give them no information about his condition. An ambulance was finally
    summoned after about 3 hours. Although police had prior knowledge that Esparza was mentally
    ill, they failed to request a CIT officer before entering his home. Esparza is the 1st person known
    to have been shot to death this year by a Harris County police officer.
    12/15/06 - James Edward Smith, b/m, 51, shot to death by Houston PD Sgt. K.D. Anthony (5-yr
    veteran) and officer W.E. Reiser (11-yr veteran). They had responded to a call from an off-duty
    officer working security, who said he checked on a disturbance in an apartment and was told not
    to come in or he would be killed. When Anthony and Reiser arrived, they claim they heard a
    woman begging the man not to stab her. The officers went inside and say they found the man
    standing with a knife poised over the woman's head. They claim the man then charged at them,
    and both Anthony and Reiser fired, striking him in the chest and abdomen. Smith is the 12th
    person known to have been shot to death this year by Harris County police officers.
    10/24/06 - Unidentified and unarmed 14-yr-old boy, shot by Houston PD undercover officer J.
    Rincones, conducting an afternoon auto-theft sting. During their negotiations, six men attacked
    Rincones (a 13-yr veteran), and he fired two shots, hitting the boy in the leg. It is not known if
    the boy was one of those that attacked the officer, or just a resident of the apartment complex.
    This boy is the 23rd person known to have been wounded this year when shot by a Harris County
    police officer.
    10/23/06 - Mohammad Rafi, 27, shot and killed by Houston PD SWAT officer Patrick J. Straker.
    Rafi violated a restraining order and entered the back door of his estranged wife's employer,
    where he stabbed her to death. Straker shot Rafi after about two hours, when he allegedly pointed
    a weapon at officers from inside the store. He is the 11th person known to have been shot to
    death this year by a Harris County police officer.
    See also 7/31/07 - Straker kills Reginald Lee Sumbler; and 8/13/01 - Straker kills McLoren
    Anthony Jones; and 9/2/03 - Straker kills Mary J. Beasley; and 6/10/99 - Straker kills Demetrio
    Martine Hernandez.
    10/23/06 - R. Taylor is shot and killed by off-duty Houston PD officer Richard Kennedy (7-yr
    veteran), who saw a parked car with an open door while patroling a neighborhood. When he
    stopped to investigate, the door was closed and Taylor was standing near the car. He fled when
    Kennedy approached him, and hid in the backyard of a nearby residence. Kennedy claims that
    when he found him, Taylor turned around with a knife in each hand, refused to drop them, and
    "charged" at him. Kennedy shot him in the chest, killing him. Taylor is the 10th person known to
    have been shot to death this year by a Harris County police officer.
    8/23/06 - Unidentified man known as Gordo, shot twice in "center mass" by Houston PD officer
    Daniel W. Starr (Northwest Patrol Div., 21-yr veteran). A security guard saw two men with guns
    at an apartment complex, and called police. When Starr found one of the men hiding in some
    bushes, he ordered him out. The man then shot at Starr, who returned fire, striking him multiple
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 9
    times; his condition is unknown. Starr was struck twice in the chest but, despite the August heat,
    was wearing his bulletproof vest, which deflected two bullets, probably saving his life. He was
    not injured. "Gordo" is the 18th person known to have been wounded this year when shot by a
    Harris County police officer.
    8/8/06 - Unidentified 15-yr-old boy, wounded when shot by undercover Houston PD officer G.
    McDonald, who was conducting a prostitution sting with another officer. The officers claim the
    boy shot at them as they were arresting a suspected prostitute, and ran when they shot at him. He
    was found a short distance away with a gunshot wound in the abdomen. The boy is the 17th
    person known to have been wounded this year when shot by Harris County police officers.
    8/4/06 - Allan Fernando Alvarez - h/m, 24, wounded when shot in the face by Houston PD Sgt.
    R. Garza (22-yr veteran, Eastside Patrol Div.) Officers were searching for Alvarez and a
    companion after they had just robbed a business. When Garza raised the lid on a garbage can, he
    claims Alvarez, who was unarmed, "popped out of the can in a threatening manner," and he shot
    him. Alvarez is the 16th person known to have been wounded this year when shot by a Harris
    County police officer.
    8/1/06 - Steven Ferrel - w/m, 37, wounded when shot at least twice by Houston PD SWAT
    officers A. Orozco, Anthony R. Pisaro, 41, and S. Hamala. Ferrel was suspected of a robbery and
    told a dispatch operator that he would shoot himself if the police came into his motel room. A
    female that was in the room with him was released unharmed; police claim she was a hostage.
    Police say Ferrel came out of the room "waving" a shotgun and a pistol, then began to point them
    at the officers when they shot him. Ferrel is the 15th person known to have been wounded this
    year when shot by Harris County police officers.
    See also 8/1/01 - Pisaro kills Haywood Louis Ogburn, 32; and 3/12/01 - Pisaro wounds John
    Jones Jr.; and 8/7/98 – Pisaro shoots fellow officer Richard Pedraza; and 1/1/93 – Pisaro shoots
    and kills Amos Perry, age 15; and on 12/20/91, Pisaro paralyzes Rosalind Joyce Bell.
    7/13/06 - Rene Miguel Sanchez - h/m, 35, shot in the neck and head and killed by Houston PD
    officer Richard Pina (13-yr veteran, Clear Lake Div.) Pina responded to a family disturbance call;
    he claims Sanchez refused to open the door or let him speak to his wife, who was standing beside
    him. Pina claims Sanchez raised a pistol, then brought it down "in a threatening manner." Pina
    fired three times, hitting Sanchez twice. Sanchez is the 9th person known to have been shot to
    death this year by a Harris County police officer.
    7/5/06 - Harold Joseph Natale - b/m, 29, wounded when shot by off-duty Houston PD officer G.
    Gutierrez, who had been called by a family member reporting someone breaking into her garage.
    Gutierrez found Natale pushing a large toolbox. When Gutierrez tried to arrest him, a struggle
    ensued, and Natale was shot in the foot. Natale is the 14th person known to have been wounded
    this year when shot by a Harris County police officer.
    6/29/06 - I. Naranjo and S. Martinez - wounded when shot by Pasadena PD officer E. Hudson (5-
    or 6-yr veteran), who says he found them "acting suspiciously" when he responded to a
    disturbance call. He claims they tried to run over him, and fired his gun once; the same bullet
    struck the driver in the wrist and the passenger in the leg. Neither injury was serious. Naranjo and
    Martinez are the 12th and 13th persons known to have been wounded this year when shot by a
    Harris County police officer.
    6/19/06 - E. Tyrone - shot and killed by Houston PD officers R. Curl and K. Crellin (27- and 15-
    yr veterans). Tyrone robbed a bank with a BB gun, then went across the street to a Jack-In-The-
    Box. As she stood in line, the officers approached her and claim she pulled a pistol and pointed it
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 10
    at them. They shot her "at least twice" in the abdomen. Tyrone is the 8th person known to have
    been shot to death this year by Harris County police officers.
    6/1/06 - Eric William Goodman - w/m, 47, wounded when shot once (variously reported as in the
    chest, stomach, and abdomen) by Houston PD officer Michael J. Hightower (24-yr veteran,
    Westside Patrol Div.) Responding to a disturbance call, officers found Goodman in his boxer
    shorts with a pistol in the back waistband, arguing with a woman. When told to "show his
    hands," police claim he instead turned and began pointing the pistol at them; Hightower then shot
    him. Goodman is the 11th person known to have been wounded this year when shot by a Harris
    County police officer.
    5/19/06 - J. Bullock - killed when shot by Houston PD officer J.D. Green, 43 (16-yr veteran,
    Northeast Patrol Div.) Bullock and two others were leaving a store after robbing it, when officer
    Green arrived. Bullock allegedly shot at Green, who returned fire with a shotgun. Bullock died in
    the hospital. Bullock is the 7th person known to have been shot to death this year by a Harris
    County police officer.
    5/4/06 - Leroy Cooper - b/m, 54, wounded when shot by Houston PD Sgt. D.J. Culak, 52 (28-yr
    veteran). Officers found Cooper in a trailer at the HPD Vehicle Compound. When ordered to
    stop what he was doing (allegedly stealing tools), police claim he charged at Culak with a tire
    iron, who then shot Cooper several times. He was taken to the hospital in serious condition.
    Cooper is the tenth person known to have been wounded this year when shot by a Harris County
    police officer.
    4/22/06 - Carlos Vela Trevino - h/m, 38, wounded when shot in the foot, buttocks, and both
    thighs by Houston PD Sgt. A. Porras (32-yr veteran), and officers L.G. Gay III (11-yr veteran)
    and R.L. Mason (25-yr veteran), all from the Tactical Operations Div., K-9 unit. Police were
    called to a domestic dispute by a neighbor, who reported hearing gunshots and screaming from a
    nearby home. After a woman and two children left the home, officers entered and found Trevino
    in a bedroom. Trevino allegedly began firing at the officers, who returned fire, injuring Trevino.
    Trevino is the ninth person known to have been wounded this year when shot by a Harris County
    police officer.
    4/5/06 - J. Okusaga - wounded when shot in the hand by Houston PD officer E. LaCourt, who
    had responded to an assault call. Witnesses said Okusaga and a companion had tried to rob and
    then beat a 75-yr-old man, and they called for police. Police claim that Okusaga "made an overt
    motion to his back" as they tried to take him into custody, and LaCourt shot him. The elderly
    man was taken to the hospital in good condition.
    4/4/06 - Frederick Tippett - 37, wounded when shot in the neck and arm by unidentified member
    of Pasadena multi-agency drug task force. Several officers, driving unmarked cars, tried to stop
    Tippett's pickup. (It is not specified whether Tippett was driving or was a passenger.) In an effort
    to escape, Tippett's vehicle rammed one of the officer's cars, and another officer fired shots,
    hitting Tippett. The driver continued trying to escape and rammed another officer's car, who got
    out and shot three times at the pickup. It is possible that Tippett was unaware the pursuing cars
    were driven by police officers.
    4/2/06 - Kevin O'Neal Harrison - b/m, 18, shot and killed by Baytown PD officers G. Slaven and
    W. Nelson. Police claim Harrison intended to force the elderly homeowners to withdraw money
    from an ATM. Instead, the wife managed to call police from another room; when they arrived,
    officers said Harrison raised his gun at them. They then shot him several times. Harrison is the
    6th person known to have been shot to death this year by Harris County police officers.
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 11
    3/15/06 - Robert Paul Cantrell - w/m, 36, critically wounded when shot by Houston PD officer
    Ryan G. Gardiner (a 4-yr veteran from Northeast Patrol Div.) Gardiner followed Cantrell to a gas
    station because the car he was driving was reported stolen. As Cantrell came out of the station's
    store, Gardiner ordered him to lie on the ground. He claims Cantrell instead "dived into the
    stolen vehicle," reaching under the passenger seat. Gardiner then shot at him five times. No
    weapon was reported to have been found in the car.
    3/11/06 - William Petty - 29, shot in the abdomen and killed by Houston PD narcotics officer
    D.L. Deblanc, who had gone to Petty's apartment to buy drugs. Petty opened the door with a
    "gun" in his waistband. Deblanc claims he shot Petty when he reached for the gun, later
    discovered to be a toy pistol. Petty is the fourth person known to have been shot to death this year
    by a Harris County police officer.
    2/23/06 - Levi Balderas - h/m, wounded when shot in the leg by Houston PD officers N. Patel
    (age 34; 10-yr veteran) and A. Yanez (age 40; 14-yr veteran), both from the Eastside Div. Gang
    Unit. Officers say Balderas and another person were burglarizing cars at a restaurant parking lot,
    and Balderas rammed their car with his pickup when they tried to arrest him. Claiming he
    accelerated toward them, both officers fired, and Balderas was hit in the leg. Police do not
    explain how Balderas was hit in the leg if the officers fired while in front of his vehicle.
    2/8/06 - Unidentified 16-yr-old girl threatening suicide is wounded when shot in the foot by
    Houston PD officer C.W. Jackson (Westside Patrol Division). Police say the girl was brandishing
    a knife as she moved toward them, and Jackson shot twice as he stumbled backward, hitting her
    foot. Officers then took the knife from her. Once again, no member of HPD's Critical Incident
    Team responded to this urgent call involving a mentally ill person. This girl is the second person
    known to have been wounded this year when shot by a Harris County police officer.
    2/2/06 - Jeremy Ethon Roberson
    b/m, 28, killed when shot by Houston PD officers W. Crank, M. Jones, D. Bejarano, E. Bratton,
    J. Brown, Fisher, Kelly, Russell and Davis. Roberson had kidnapped his girlfriend and her 4-
    year-old child in Dallas, and was chased by officers from several law enforcement agencies as he
    drove to Houston. He eventually crashed his car and as it came to a rest, numerous officers
    approached and shot him. The girlfriend and her child were not harmed. Roberson is the third
    person known to have been shot to death this year by Harris County police officers.
    1/4/06 - J. "Pepe" Tapia - h/m between 16-20 yrs, wounded when shot by off-duty Houston PD
    officer R. Adams, who had approached Tapia to question him about a robbery. Police claim that
    Tapia pulled a pistol and attempted to shoot Adams, but apparently the pistol jammed. Adams
    shot him as he fled. Tapia is the first person known to have been wounded this year when shot by
    a Harris County police officer.
    12/24/05 - Theolonious Paul Henry - b/m, 40, critically injured when shot by Houston PD
    officers A.A. Ferrer and R.D. Gonzales (both 8-yr veterans, Southeast Patrol Div.) Henry was
    assaulting his estranged girlfriend. When police arrived, they saw him shoot at her, then allegedly
    point his pistol at the officers, and they shot him, striking him multiple times in his upper torso.
    The girlfriend received minor grazing wounds to her head and arm.
    12/15/05 - Aurelio Ivan Chavez - h/m, 24, killed, and two unidentified Hispanic men wounded
    when shot by unnamed Houston PD undercover narcotics officers. Police claim that Chavez,
    Michael Martinez, 22, Rodolfo Antonio Villalta, 19, and Richard Garza, 17, attempted to rob the
    officers during a drug buy, and gunshots were exchanged. It is unknown which two of the men
    were wounded. One of the officers was in good condition after being shot in the abdomen and
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 12
    ankle. Chavez is the 20th person known to have been shot to death this year by Harris County
    police officers.
    12/5/05 - Jonathan Ray Ford - 22, shot twice in the waist by off-duty Houston PD officer Mario
    A. Valles, 37 (10-yr veteran Fondren Patrol Div.) Valles and his partner had stopped Ford and a
    companion after learning they were in a stolen SUV used that day in several robberies. When
    Ford got out of the car with a gun, police say he refused to put it down, and Valles shot him.
    11/7/05 - Angelina Brewer - w/f, 47, known to be mentally ill, killed when shot 15 times,
    including 5 in the back, by Houston PD sergeants C.E. Anderson and K.H. Bounds, 24- and 13-yr
    veterans respectively, and officer L.T. Gibson, a 5-yr veteran; all are from the North Patrol
    Division. Brewer's employer had called 911 about 11 am to report she may be suicidal and asking
    that someone check on her. In the meantime, Brewer asked her sister to be with her, and picked
    her up. The sister spoke to Brewer's employer by cell phone as they drove around. When Brewer
    saw a police car following her, she began to pull over, but when more police cars appeared, she
    drove off, but soon stopped at an abandoned gas station around 4:30 pm (about 5 hours after
    HPD was first called). Numerous police cars immediately surrounded Brewer's truck. Brewer's
    sister opened the door and slid the gun toward the officers, who failed to retrieve it. Both girls
    got out of the truck and when Brewer picked up the gun and began to stand up, the officers shot
    her. According to her sister, Brewer never threatened or pointed the gun at her or any of the
    approximately 20 officers surrounding them. No CIT officer ever attempted to speak to Brewer
    during the 4- to 5-hour interval after HPD was first notified of Angelina's condition. Her sister
    was shot in the foot during the assault. Brewer is the 19th person known to have been shot to
    death this year by Harris County police officers.
    11/3/05 - Jose Pino (h/m) and Juan Bautista (h/m) killed, and Jose Contreras (h/m) and Ivan
    Lopez (h/m) wounded when shot by FBI agents D.M. Hays, L. Greene, M.W. Bobbitt, C.O.
    Acosta, C.D. Honza, K.B. Erickson, M.A. Telle and M.E. Stokes during an anti-gang raid
    targeting MS-13 members. All of the victims are believed to be h/m in their early to mid-20s.
    Pino and Bautista are the 17th and 18th persons known to have been shot to death this year by
    Harris County police officers.
    9/9/05 - Juan Ramon Aguilar - h/m, shot twice and killed by HPD officer Mark T. Chapnick
    (North Patrol Div.), who had stopped Aguilar's SUV as he tried to pick up teenage girls.
    Chapnick claims Aguilar refused to obey his commands, and a struggle ensued. Chapnick shot
    him with a Taser, with little effect, and claims Aguilar then attacked, beat him in the face and
    tried to take his weapon. Chapnick then shot and killed Aguilar. Aguilar is the 15th person
    known to have been shot to death this year by a Harris County police officer.
    8/11/05 - Ronald Charles Newman, 52, shot in the head and killed. Houston PD officer H.M.
    Wagner Jr. (3-yr veteran, Southeast Patrol Div.) claims Newman shot at him several times after
    he stopped him for outstanding warrants. Newman's son said his father was not a violent person
    and had no ill feelings toward police. Newman is the 14th person known to have been shot to
    death this year in an incident involving a Harris county police officer.
    See also, 7/31/07 - Wagner is one of seven officers that kill Reginald Lee Sumbler.
    7/25/05 - Bridget Clare Dolan, w/f, 26, shot several times and killed by Houston PD officer K.W.
    Rogers (a 15-yr veteran assigned to Clear Lake Patrol Div.) and League City police Sgt. P.R.
    Odin. Dolan and another woman had stolen beer from a convenience store. After a lengthy chase,
    Dolan ran into an apartment complex and, when cornered by police, allegedly began alternately
    pointing a gun at her head, then at officers. Despite knowing her gun was jammed, Rogers and
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 13
    Odin claim they were "forced" to shoot Dolan. Dolan is the 13th person known to have been shot
    to death this year by a Harris County police officer.
    7/20/05 - Michael Wayne Brooks - w/m, 40, killed when shot twice in the side by Houston PD
    officers Charles C. Robertson, 56, and Christian C. Lyall, 37 (Westside Patrol Div.) Officers
    claim they shot him after he pointed a pistol at them while "ranting and raving" in a shopping
    center parking lot. Brooks' family and friends say this behavior was uncharacteristic, and he had
    recently opened his own business. They theorize that he was given drugs when he ran into an old
    friend. Brooks is the 12th person known to have been shot to death this year by a Harris County
    police officer.
    7/19/05 - Steven Lopez - killed when shot in the head by Houston PD officer Noe Hernandez, a
    10-year veteran, and his father when he tried to break into a neighbor's car. Lopez is the 11th
    person known to have been shot to death this year by a Harris County police officer
    7/6/05 - Ronald Hamilton, b/m, 31, and Shedrick White, b/m, 32, wounded when shot by
    Houston PD officers T.A. Adams (10-yr veteran), J.L. Scales, 35 (3-yr veteran), and K.L. Raven
    (3 1/2-yr veteran), all from Fondren Patrol Div. The officers responded to a burglary call and
    found White and Hamilton robbing three men inside a store. Police say they refused to drop their
    weapons, instead pointing them at the officers, who fired at them multiple times.
    7/1/05 - W. Burkhalter, killed when shot several times in the chest, arm and hip, by Houston PD
    patrol officers Justin H. Kennedy, 26, and Thomas E. Hardin, 27 (both 3-year veterans with
    Westside Patrol), responding to a stolen car report. The officers claim Burkhalter pulled a pistol
    when they approached, and they shot him; no shots were fired by Burkhalter. Burkhalter is the
    ninth person known to have been shot to death this year by Harris County police officers.
    6/19/05 - Ngoc Van Nghiem, a/m, 31, critically wounded when shot in the abdomen by Houston
    PD officer James M. Garris, working off-duty as a security guard. Garris says he shot at (but
    didn't hit) Nghiem when he pointed a pistol at a group in a restaurant. Nghiem then turned toward
    Garris, who fired and hit him in the abdomen.
    6/9/05 - Timothy Thomas, b/m, 26, wounded when struck in the abdomen, chest and arm when
    shot by Houston PD officer Bobby Thompson, a 19-yr veteran of Westside Patrol. Thompson had
    stopped Thomas for an unspecified traffic violation, and Thomas got out of his car. When
    ordered to get back in his car, Thompson claims he instead reached under the front seat, so he
    shot him. There was no weapon.
    5/26/05 - Kristopher Lee Banks - 22, killed when shot once in the stomach by Houston PD
    undercover narcotics officer P.S. Weido, a 15-yr veteran. Weido claims that when Banks offered
    to sell him drugs, he gave him $40. Banks demanded more and threatened to shoot Weido if he
    didn't pay more; that's when Weido shot him. A piece of wood was found in Banks' pocket; he
    died at scene. Banks is the seventh person known to have been shot to death this year by a Harris
    County police officer.
    4/25/05 - Marlon Rainford - b/m, 19, wounded when tasered and shot by Houston PD officer G.
    Fletcher. Police claim Rainford was acting suspiciously at an auto repair shop; when they
    responded, they say Rainford tried to run over them, ramming a patrol car.
    3/7/05 - J'Korderic Jermaine Jefferson, b/m, 23, killed when shot in the face by Houston P.D.
    officer Gregory P. Countie (25-yr veteran, Southeast Patrol Div.) Jefferson had taken a hostage
    after shooting and wounding three others. Countie shot him after Jefferson placed the hostage in
    his truck. Jefferson is the fifth person known to have been shot to death this year by a Harris
    County police officer.
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 14
    2/23/05 - Alan Leroy Hunter, Jr., b/m, 26, killed when shot twice in the head by Houston PD
    officer Anthony R. Arevalo (5-yr veteran, Westside Patrol Div.), who says he heard gunfire, saw
    Hunter standing beside his pickup with a gun, thought he was threatening another motorist, and
    he shot him. Hunter's passenger disputes that, saying they were being chased by another car.
    Hunter stopped, got out and fired a warning shot into the air, then started to drive away when
    Arevalo shot him. The police report says "Hunter's vehicle rolled forward (after the shooting)
    approximately 100 yards and struck a fence," and evidence shows the officer shot through the
    driver's side window. Hunter's mother also says she saw her son's body inside the truck with the
    window broken. Hunter is the fourth person known to have been shot to death this year by a
    Harris County police officer.
    1/3/05 - Alex Mendez - h/m, 26, shot and killed by Houston PD officers David Justin Patterson
    (5-yr veteran) and Vasilis Harisis (3 1/2-yr veteran), both with Southeast Patrol Div. Officers
    claim Mendez had a shotgun as he got out of his car, and both fired at him at least six times,
    killing him. They had stopped Mendez because his paper license plate was crooked. Mendez is
    the first person known to have been shot to death this year by Harris County police officers.
    1/2/05 - Angel Villeda, h/m, 34; and Jose Antonio Hernandez, h/m, 33, wounded when shot by
    off-duty Houston PD Sgt. Tony Nguyen, 38 (12-yr veteran, Internal Affairs Div). Nguyen claims
    Villeda twice tried to run his car off the road. He got out of his car and shot 3 times at the tires of
    Villeda's van as he drove toward him, then shot twice more as the van moved past him. (It is a
    violation of HPD's policy to shoot at a moving vehicle.) Villeda was shot in the hand, and
    Hernandez was shot in the leg. But Villeda and Hernandez claim Nguyen reacted in road rage
    when their van pulled out in front of his car from a side road, saying both Nguyen and his wife
    made finger gestures as they passed their van. Nguyen's car spun around, facing Villeda's, and he
    shot at the van as it passed him. Villeda stopped at a store, and as Hernandez walked toward the
    store intending to call police, Nguyen fired a shot near his feet, ordering him to stop. Nguyen was
    no-billed by a grand jury.
    Violation of Fourth Amendment
    12. The Fourth Amendment guarantees everyone the right “to be secure in their
    persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const.
    amend. IV.
    13. Defendants violated Mr. Carnaby’s Fourth Amendment rights when they shot him
    and then failed to provide medical treatment resulting in his death. The City of Houston has
    custom, practice, policy and procedure of not disciplining nor retraining officers who use
    excessive force on suspects, violate chase policies or any policies regarding safe apprehension of
    suspects in vehicles.
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 15
    Violation of Fourteenth Amendment
    14. The Fourteenth Amendment guarantees everyone the right not to be deprived of
    liberty without due process of law. U.S. Const. amend. XIV.
    15. Defendants violated Mr. Carnaby’s Fourteenth Amendment rights when they
    seized him and unlawfully deprived him of his freedom by such shoting him in the back and
    killing him and not providing medical care without legal justification.
    Conspiracy to Deprive Mr. Carnaby of Federal Constitutional Rights
    16. Upon information and belief, Defendants agreed to, and did, work in concert to
    deprive Mr. Carnaby of his civil rights as described above actionable as a conspiracy under 42
    USC Section 1983
    Ratification
    17. Despite the video evidence and that Mr. Carnaby died of a shot to the back
    Washington and Foster there was no retraining, discipline or consequence to officers Washington
    and Foster for excessive force and failure to provide medical care and as such these practices
    were ratified by the City of Houston indicating a custom, policy, practice and procedure by the
    City of Houston of allowing all the aforementioned bad acts of Washington and Foster.
    Grandstaff v. City of Borger, 767 F.2d 161 (5th Cir. 1985), cert. denied, 480 U.S. 916 (1987).
    Assault and Battery
    18. Defendants assaulted and battered, and caused bodily injury to, Plaintiff,
    intentionally, knowingly, and recklessly when they made contact with his person.
    Intentional Infliction of Emotional Distress
    19. Mr. Carnaby’s estate can recover for intentional infliction of emotional distress
    against Defendants because they acted willfully and recklessly, and their conduct was extreme
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 16
    and outrageous. Defendants proximately caused Mr. Carnaby severe emotional distress.
    DAMAGES
    20. Plaintiff and the estate of Mr. Carnaby are entitled to recover damages against
    Defendants, separately and jointly, for the violations of his federal constitutional rights and under
    the Texas Tort Claims Act.
    21. Plaintiff is entitled to recover punitive damages against each Defendant because
    the actions of each were outrageous, reckless, willful, malicious, and grossly negligent.
    LIABILITY OF THE CITY OF HOUSTON UNDER THE TEXAS TORT CLAIMS ACT
    22. Plaintiffs allege that at all times material hereto and during the course of events
    set forth above, the individual defendants were employees of the City of Houston, acting in their
    capacity as police officers within the course and scope of their employment.
    23. Plaintiffs allege that the death of Roland Carnaby was caused by the use of
    tangible personal property, a gun.

    24. Plaintiffs allege that each individual defendant committed the following acts of negligence which jointly and severely were a proximate cause of the death of the deceased:

    a. Negligence in using his firearm.

    b. Negligently discharging his weapon or permitting its discharge, killing the
    deceased.

    c. Negligent maintenance of the gun

    d. and committing other acts of omission and commission which constituted
    negligence and were a proximate cause of the death of Mr. Carnaby.

    25. Plaintiffs allege that the City of Houston is liable under the Texas Tort Claims Act
    for the negligence of Defendants Washington and Foster which proximately caused the death of
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 17
    Mr. Carnaby.
    DAMAGES
    26. As a result of the foregoing acts and conduct of the Defendants, Defendants are
    jointly and severally liable to Plaintiffs for damages incurred.
    27. In particular, Plaintiffs, in their capacities as Heirs and Representatives asserting
    survival claims on behalf of Roland Carnaby’s Estate, have incurred damages including, but not
    limited to, the following:
    a. Severe physical pain and mental anguish suffered by Roland Carnaby prior to his
    death; and
    b. Reasonable funeral and burial expenses incurred.
    28. Furthermore, Plaintiffs, in their individual capacities asserting wrongful death
    claims, have incurred damages including, but not limited to, the following:
    a. Loss of consortium, including loss of affection, solace, companionship, society,
    emotional support and love in the past and in the future;
    b. Pecuniary loss, including loss of the care, maintenance, support, services, advice,
    counsel, and reasonable contributions of a pecuniary value in the past and in the future; and
    c. Mental anguish, including emotional pain, torment and suffering in the past and in
    the future.
    ALTERNATIVE PLEADINGS
    29. To the extent facts and/or causes of action pled in this petition are in conflict, they
    are pled in the alternative.
    DECLARATORY RELIEF
    30. Plaintiff seeks declaratory relief against Defendants, delineating his rights under,
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 18
    and Defendants’ violations of, the United States and Texas Constitutions.
    INJUNCTIVE RELIEF
    31. Because Mr. Carnaby died at the hands of HPD exercised official policies and
    practices of the City of Houston plaintiff seeks changes in those customs and practices
    ATTORNEYS’ FEES
    32. Plaintiffs are entitled to recover attorneys’ fees and costs under 42 U.S.C. Section
    1988, from Defendants.
    PRAYER
    Accordingly, Plaintiffs request that this Honorable Court award:
    a. Compensatory damages to Plaintiffs and against Defendants, jointly and severally, in
    an amount in excess of the minimal jurisdictional limits this Court for all the causes of action
    alleged above;
    b. Pre- and post-judgment interest at the maximum rate allowed by law;
    c. Plaintiffs’ costs and attorneys fees pursuant to 42 § U.S.C. §1988;
    d. declaratory and injunctive relief;
    e. punitive damages against all individual defendants; and
    f. Such other and further relief, both general and special, at law and in equity,
    to which Plaintiffs may show themselves justly entitled.
    PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 19
    RESPECTFULLY SUBMITTED
    LAW OFFICE OF RANDALL L. KALLINEN
    _______________________________________
    Randall L. Kallinen
    State Bar of Texas No. 00790995
    Southern District of Texas Bar No.: 19417
    Admitted, Fifth US Circuit Court of Appeals
    1406 Castle Court
    Houston, Texas 77006
    Telephone: 713/528-8586
    Cellular: 713/320-3785
    FAX: 713/528-8586
    E-mail: AttorneyKallinen@aim.com
    Attorney for Plaintiff

  23. #23
    Regular Member
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    I did not read all the shootings that were outlined....

    But I did notice that a few lacked any details at all while others referenced the officer being shot at first. Some were criminals that were shot after committing a crime. At least one guy was shot after taking hostages and one guy was only injured after a taser was deployed. I find these drafted only to produce more numbers.

    There were a few where the shot person pointed what was believed to be a gun at the officer. Sorry... you might just get shot after a high speed chase and then you make a motion like your pointing a gun at the cops.

    I would love to know how they obtained disciplinary information on the officers as this is not available to the public.

  24. #24
    Campaign Veteran deepdiver's Avatar
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    LEO 229 wrote:
    deepdiver wrote:
    What they could have done is put on latex gloves and applied direct pressure to the wound. Regardless, what I took umbrage with was what was said by Jett and the way it was said rather than what they did at this point.

    The very short video clips do cause me to scratch my head as to necessity, but as I said, they are far too short to give context of a full picture of events to armchair quarterback the LEOs actions.
    Not all cops carry latex gloves when they should.

    Most cops fear contracting AIDS andHepatitis C from blood exposure.

    Direct pressure toa shot to the upper torso is pointless. You cannot stop internal bleeding from an organ.
    I missed reading where he was hit. And you asked what could they do. I provided an answer without saying "should" have done. I mentioned the latex gloves because I well understand LEO concern about blood borne pathogens.

    Regardless, I did not argue that the LEOs on scene SHOULD have done anything differently. I took issue and continue to take issue with the administrative LEO's comments and the tone they conveyed. You are focusing on something that I used to illustrate the problem with Pitt's comments. Also, if you note, I defended LEO's on the street and criticized administrative types. If you have issue with my actual point of criticism I really would like to read it.


    That lawsuit happened awfully quickly, especially considering all the cited cases. I find that interesting if not strange. As I said before, there is a lot more that is going to happen with this story and I don't think the information and heavily edited video clips released thus far puts any of us in a position to armchair quarterback this one.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

  25. #25
    Wisconsin Carry, Inc. Shotgun's Avatar
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    Don't know about Texas, but here in Wisconsin fleeing the police like that is a felony. If it is the same in Texas, then you've got a guy committing a felony, quite possibly armed. Not surprising somebody gets hurt in that situation.

    I read somewhere that he was possibly reaching for his cellphone. Well, keep your hands visible.

    Getting shot in the back sounds bad, but doesn't mean a thing. Massad Ayoob recently published an article discussing how many justifiable shootings end up classified as "back" shots.
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

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