This is ridiculous. Police arrests about 500 kids in Kmart parking lot on Westheimer.

Three words: Ida Lee Delaney

 

I actually suspect that some sort of settlement offer will be made to the individuals before any of them actually get to trial, especially since we're talking about so many cases. Just the time element alone may make these things worth settling, especially since the case is pretty cut-and-dried once you get to the actual case itself.

(And I suspect one of the reasons one doesn't see too many punitives against municipalities in these cases is because the cases with the best chance of such awards are often settled, among other reasons, of course.)

I'm more interested in seeing how long it takes before any of these officers is arrested for their crimes. They've got state law against them and US law against them. Seems like someone should pick up the ball and file the charges, at least at some point. I won't be holding my breath, of course.

 

It is usually the high publicity cases that yield the best results in this regard.

 

Refman, I'd call this a high publicity case. Looks to be the Chronicle's lead feature tomorrow. You can bet it'll be picked up nationally. Here's the Chron editorial:

http://www.chron.com/cs/CDA/story.hts/editorial/1540550

Aug. 19, 2002, 6:49PM

POOR TECHNIQUE

Understatement to say Kmart raid was badly handled

There must be a number of different ways police could have handled complaints they received about drag-racing around west Houston neighborhoods and teenagers loitering in a nearby Kmart parking lot. Houston police officers apparently chose the second worst way of dealing with the situation -- short of actually firing upon the several hundred young people congregating in the parking lot of the huge variety store.

Not long after midnight Saturday night, scores of police officers swarmed over the Kmart parking lot in the 8400 block of Westheimer and arrested 278 people, most for criminal trespassing, which is a misdemeanor. Apparently, the officers had been instructed to target drag racers who had been annoying area residents and business owners. When none was found, it seems that the captain in charge ordered officers to place everyone on the scene under arrest. A number of cars were towed.

Sure, there were probably scads of kids who were hanging out in front of the 24-hour shopping center, some playing loud music or perhaps engaging in underage drinking or drug use. The store reportedly is a social mecca for young people looking to see and be seen late at night.

But the police should have given everyone an opportunity to leave of their own accord along with a warning that they'd be arrested if they did not promptly comply. They could have arrested those they saw engaged in obvious illegal activity.

What they did rather -- given several reports that share the ring of truth -- was to round up young people indiscriminately, including shoppers who happened out of the store at the wrong time, patrons of a nearby hamburger joint and at least one 10-year-old girl who became separated from her father in the law enforcement-induced melee. All were restrained in plastic handcuffs, forced to spend the night in jail or juvenile detention and post hundreds of dollars in bail.

Houston police can expect a slew of complaints from angry parents and young adults caught up in the poorly executed raid. The cost of any lawsuits filed will be borne by the innocent taxpayers. HPD owes them at least a pledge that this incident will be thoroughly investigated, as the police chief has called for. When completed, stern disciplinary action should be meted out -- to those who deserve it.

 

I agree...that's why I mentioned that high publicity cases usually get good results from an accountability point of view.

 

I'm doing a ton of research on negligence and a cause of action for negligent hiring, training, retention and supervision...in one of the cases I read, it was applied to a government body (can't remember which one)...this aguirre guy sounds like a real prince.

Tearing in and arresting everyone is a joke....these clowns need to be held responsible. Nice to see that some of the folks with the force were so forthright with the problems of that evening. The arrest first, ask questions later principle really rubs me the wrong way.

 

I've been rousted at many an APT were I was visiting legitimate folx

Rocket River
BTW . . .these kids were white. .. . THAT IS WHY WE HAVE THE HOOPLA!

 

they weren't white!!! they were predominantly hispanic. there were two white kids on the front of the paper. all the coverage i have seen shows masses of kids, and most, if not all, are hispanic, with some african-americans. these kids were not white for the most part...that is NOT why we have the hoopla. We have the hoopla because the police decided to arrest kids for criminal trespass before finding out if they were freaking trespassing or not! They issued 30 some-odd tickets...but arrested hundreds! Freaking ridiculous!

 

At least now we know the motivation for songs like "F the Police" by NWA.

Seriously, there's gotta be better places for teenagers to kick-it that in a Kmart parking lot. Why couldn't they just shell out the $5 to watch Austin Powers III at the AMC Dunvale 30? When I was in high school, we'd always hang out at someone's house whose parents were outta town.

At any rate, HPD is deep sh*t for this. I bet the local news channels like 2 and 13 had a freakin field day with this one. I expect some heads to roll in HPD, starting with Mark Aguirre.

 

No doubt. Is it any wonder that many young people have such a high disdain for cops??

 

Quite a stretch. I don't think "**** the Police" was motivated by anything like getting busted while eating ice cream in the KMart parking lot...

I always wondered what happened to Mark Aguirre ...

 

It goes back a long way.

Over the years, I have been "rousted" or pulled over and searched for no reason other than I had long hair.

Example, right after I met my wife..I was riding thru town heading to go to lunch with her...and I got pulled over and searched because I had long hair, was talkin on a cell phone...and driving a Lebaron convertible...standard treatment for a hippy in Pasadena..

 

Uh-oh. Those cops better watch out. You don't wanna make JYD mad.

 

One former Piston player goes after another (Mark Aguirre) on the next Jerry!

[size=1/2] OK that was lame but I couldn't resist with the Aguirre pun [/size]

 

Yes I think the Cops went overboard with all the arrests especially the Sonic eating people.

But I think we are hearing only about a few small cases, when a majority are guilty. Have you guys been to Westheimer lately on a weekend night?? You have racing on every street and shopping center. K-Mart had enough of kids drinking and smoking their tires. I've seen that group get disbursed and i'm sure it happens 5 times a night.

The police gave ample warnings to the regulars, but went overboard in all the arrests. I am a bit questionable about some stories about arrested for 10 hours and only going to buy scrunchies and use the restroom.

I think some kids are lying to their parents so they don't admit they were out there. I know someone that was arrested and he said the cops let the families go and most that weren't involved. He said everyone was drinking and smoking their tires. He also said that it took a few hours to round everyone up and that most people just went in and out of the Police Station.

Its just the media hyping things and instigating lawsuits by the hungry lawyers. As with the racism thread and many others it just goes back to tort (legal) reform and people taking responsibilities for their own actions and not blaming others or suing for anything.

Yes, the cops went overboard, but the cops have been warning/disbursing those kids for months if not years and finally had enough. I personally think they should have just given tickets or checked for catalytic convertor tests, license, registration and check the car of a few and maybe take a few people away that have drugs or that are intoxicated.

I think that would break up the crowds. Because i'm sure kids now want to get arrested so they can sue the city and some greedy lawyer will tell them they can make a fortune.

 

The editorial pretty much says it all. They shouldn't have arrested everyone. They went to arrest drag racers. If there weren't any drag racers, you shouldn't arrest everyone just because you spent so much time planning a raid. Of course some kids were drinking or smoking weed, but that doesn't mean the majority were. Also, if K-Mart hadn't asked the cops to do anything, then why did they have to? Anyways, this is really embarrassing for HPD and could have been handled better. Just more stuff for News2Houston to get all excited about...

 

Whoa whoa whoa there MM, are you saying Rocket River overreacted and misrepresented the truth in alleging racism where there was none?!?! Now that I find hard to believe. Oh wait, my robes are showing again. Damn, I hate it when that happens!

 

I don't like to get involved in BBS discussions and then ditch when people argue with me. So, even though the conversation has long past me by, I'm going to respond to a few folks.

I quote this one because it's my fav. Maniac, sorry about your brother. As I mentioned in the post you quoted -- and I'd direct this to Major as well -- I think the cops did not use sufficient discretion in differentiating between trespassers and patrons. It is unfortunate that legitimate shoppers were arrested as trespassers. It is also unfortunate that trespassers are able to evade the law by pretending to be patrons (much the way Iraq will build military installations close to civilians to avoid being bombed). It is a hard thing for the cops to do and, unfortunately, they did it very badly.

Max, I think it was a fairly white contingent that was arrested. I've walked through their throngs before.

Batman, I have elements of the fascist and the anarchist in me. As for experience in jail, I think that is an issue of the justice of jail conditions, not the justice of arresting suspected criminals. The innocent that were arrested were no more violated by inhuman living conditions than every drug-pusher or rapist that goes to the same cell. That we subject the arrested to such conditions is no justification for not arresting someone suspected of breaking the law -- it would mean only that we need to inspect the holding conditions in all our jails. So, I don't care what the conditions were when it comes to the arrests of these kids.

As for their being sissies, they were not complaining about the conditions you described. They complained about having to spend a night there, getting marks on their wrists and seeing a prostitute. Complaining about a body-cavity search does NOT make you a sissy. Complaining about seeing a prostitute does.

 

You obviously haven't seen Minority Report.