Underhanded Politics or Police [Mis]conduct in Elgin?
Elgin Police Department, a small community in Bastrop County, Texas, which has been known for various issues of corruption over the years, is once again in the spotlight. This time, for the firing of one of its highest-rated officers, Steve Ou. From information gathered through various internet sources, Officer Ou has consistently posted one of the highest if not the highest number of narcotics arrests for Bastrop County. This is not to say he is overzealous but simply that he is doing his job as required by the State. And, when his statistics are measured against those of other officers in the county, it is easy to see that Officer Ou could become a target, as he has always taken his oath seriously.
In December, 2008, what began as a routine traffic stop ended in a high speed pursuit and felony evading charge for the Driver. This was reported and charged by the Bastrop County Sheriff's Office. According to reports, this call also involved information that gunshots were fired which resulted in a cooperative response of other officers, including Officer Ou. During this incident, Officer Ou's use of a club, as defined by the Texas Penal Code, to break a window on the suspect vehicle was not in accordance with Department policy, though I have not seen a written policy at the time this entry was drafted, and do not know whether such policy exists or is merely a convenience raised by The City of Elgin to justify their smear campaign against Officer Ou.
The most important point to remember is that none of us were present at the time of this incident. All that we have to rely on is a video and the testimony of all parties involved. Secounds feel like hours when under the high-stress of a situation like those faced by officers. As a former Williamson County Deputy, I personally can make that statement. It is that information and training that helps me to understand cases as they relate to all parties involved and why suspects and officers may respond the way that they do.
Officer Ou has, as required by his State duty as a peace officer, filed a felony complaint against both Detective Dezarn and Sergeant A.J. Molinari, with the Bastrop County Sheriff's Office, but it is not clear what became of those charges. So, although there is a presumed "thin blue line" among police officers not to charge each other, Officer Ou was above that sort of double-standard. Further, Officer Ou was involved in an arrest of an Elgin City Councilman's son for Burglary of an unoccupied residence, so he was definitely known to those in power not only in Elgin but also in Bastrop County, through the Sheriff's Office.
In no way am I charging that corruption in Bastrop County is responsible for Officer Ou's termination, but I firmly believe that it could be a contributing factor, especially given the fact that Officer Ou has taken a stand against what he deemed to be illegal conduct by those entrusted to fight against it and further those who are related to others in power in the community where he worked.
In the video reported by Fox News Austin, the City Manager comments that Officer Ou's behavior "is a perfect example of what is not acceptable" (using the club to shatter the window)... but consider:
- Known felony in progress (evading)
- Possible shots fired (in the CAD call from the Dispatch?)
- Cover of Darkness
- One officer from Bastrop with a drawn weapon
All of the above factors contribute to the totality of the circumstances and assuredly, breaking a window should be the least of the City's concern when it comes to the investigation of this stop, as I believe Officer Ou was well within his rights and exercised control in not doing more than shattering a window.
This is definitely one to watch in the news.
Most good officers do not last long in Elgin Tx.I have lived here for 8 years.The good ones either get disgusted and leave or are forced out.I knew Officer Ou.Officer Ou was trying to do his job protecting me last October when I had to call 9ll on an assult.4 officers showed up.They actually argued on what to do about the call. I believe officer Ou was trying to do the right thing, but was out voted. If you have allot of money and are part of the right family you can smash all the windows you like in Elgin.Earlier that year, On 08/15/08 --- an assault by contact - A 60 something year old Man , very rich,land lord named Robert Carter ( one of THE CARTERS)assaulted my partner and myself at around 4 pm. 2 witnesses.He left the location to go back to his home.We went to police station they said nothing broken or bruised, no assault.As a woman, I felt violated.I called PD for days and finally made an officer come to the shop to take report on 08/22/08. 2 very detailed reports hand written on yellow paper by myself and my partner by an officer Jimenez, H.When I asked what would happen, I was told by the officer that the land lord would get an assault by contact citation.Later, I found out he was not.As a matter of fact, nothing happened.I soon after contacted PD to ask why Mr Carter was not given the assault by contact citation. I was told there was no report on file. I was told I could file another report if I wanted.I contacted then Chief of police. No contact back. Went to talk to the Mayor who did listen for over an hour and was told to talk to City Manager Jeff Coffee. I made 5 attempts to meet with Mr Coffee,all I got and still have was a 30 sec voice mail telling me "go to PD and file a complaint form under penalty of perjury". This Land lord, Robert Carter , then attempted to evict me from my store in the local JP Court On Sept 2 2008. I won the case as I had not broken the lease. On Sept 6th 2008, I found my computer repair shops electricity breakers had been turned off (they are , along with my AC control , located in the suite next door ) with a warning posted by the Land lord not to touch them. Then a plumber was sent to cut the pipe that gave my suite water. He did not have a permit.No electricity no water/bathroom-.not able open for business. Things stayed this way for over 10 days. I went everywhere for help..Elgin PD said it was civil. The local JP Judge Dunn met with me and said go back to Elgin PD. I finally went the Bastrop Co Sheriffs Department for help.An Investigator Neeley contacted Mr Carter ( Sept 16th I think )and told him what he was doing was not legal ( retaliation by a landlord) to stop harassing me and to turn the water and electricity back on. Mr Carter did follow his instructions,and after, stuck his head in the door yelling at me that " I turned it back on now just leave me alone"and walked away.It looked like I would be ok for a while. Then came 10/08/08 4:00pm .The wife of land lord ( Laura Carter) came to the office and knocked on the door,We had been closed for over an hour.My partner had gone to go get parts in Austin, I just stopped by to look at email. My internet was not set up at my new home yet.I was in shorts and a tee shirt.Due to the last contact I had from both of them had been very heated ,I was not about to give her a chance to upset me in my shop again.I told her I was alone and not allowed to talk to her. I told her to have her attorney contact me. She then started yelling at me and beating on the door with both fists.I told her to stop or I would call 911( which is what PD had instructed me to do)She got very agitated , just kept yelling and pounding on door.Then her husband, Robert Carter got out of the Truck parked out front and joined in, By the time I had 911 on the phone, he went over to the large display window where I was standing and started pounding it with his hand. I screamed at 911 to please hurry, and then he shattered one of the panes( double paned) of glass in front display window of my shop. He then bent over and picked up big chard of glass and threw it at other unbroken pane(same window) like a dart.I have that pane with his blood on it. I was right behind that glass at the time. 911 told me to step back and hide, the officers were on the way.The Carters then quieted , stopped and got in the truck as if to leave.They started to leave then waited when the officers showed up.They acted like nothing had happened. I was very upset and demanded they arrest Mr Carter.They refused and said as he owned the property he could break the glass if he wanted. All he and his wife got was a criminal trespass and they even refused to give info on them selves or sign it.I made a written report that was never filed as a report. The call was logged simply as an incident report. My report at PD was again, lost.I tried and tried to get this situation under control, even offered mediation. My ability to earn an income has been greatly effected. I lost a business partner over the violence ,in December 08, I was unable to pay the rent and was served a 3 day notice to vacate. The Land lords then proceeded to stalk me by sitting outside my door, just 3 feet away from it, looking in at me.walking over to my parked vehicle,Even parking the truck in from to my open door and revving the engine of a very large diesel truck as if to imply they would ram the door,then pealing out of the parking lot. (these are 60 + year olds.Still, PD said no crime, they own the property.Not stalking.PD even suggested I just move.Back to court.I was not awarded anything for my lose.Mr Carter did accomplish getting rid of me. It just took 6 months and the City's help by looking the other way. My civil rights have been violated.I have left messages at the NAACP as they were suing the City of Elgin on other issues such as mine.I guess they settled as I have heard nothing more.This city is not fair to all.I need to let others know about the friendly city of Elgin Texas.Good cops mean change.This city does not want change. We can't even get a Walmart.As for me, I'm not going anywhere.Elgin is my home .I'm still looking for a good attorney.