Posted: 2/7/2005 7:23:44 PM EDT
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Irving, TX officer faces charge over traffic stop incident Accused of official oppression, he could get up to a year in jail 08:32 PM CST on Monday, February 7, 2005 By ERIC AASEN / The Dallas Morning News and ERNESTO LONDOÑO / Al DÃa A Dallas County grand jury has indicted a leader of an Irving police officers' group Monday for his role in taking a motorist into custody last month. Officer Dan Miller has been on administrative leave since the Jan. 5 incident, police said. Officer Miller, who has served as president of Irving's Fraternal Order of Police, declined to comment Monday afternoon. If convicted of the official oppression charge, a Class A misdemeanor, Officer Miller faces up to a year in jail and a $4,000 fine. The Police Department is also conducting an internal administrative investigation, which may be completed in the next week, said Officer David Tull, Irving police spokesman. According to court records, Officer Miller, 49, struck the motorist, Jose Palomino Ochoa, with his baton and used pepper spray near Britain Road and Cason Street. Video footage of the incident shot from a squad car was reviewed by a supervisor, who was concerned that Officer Miller, a 28-year veteran, had acted outside department policy, Officer Tull said. Chief Larry Boyd called the Jan. 5 incident "an extremely unfortunate situation" and "serious in nature." "The grand jury's findings indicate that they feel the case has sufficient facts and circumstances to warrant sending it to the courts," he said in a prepared statement. While the physical bruises are gone, Mr. Ochoa said he's still traumatized. "I want there to be justice," he said in a recent interview. "There are good police officers out there, but there are some who lack education and training." Mr. Ochoa said he was pulled over as he was driving home from Mass. He said he was sober and driving below the speed limit. Mr. Ochoa said he got out of his car after Officer Miller stayed in his squad car a few minutes after the stop. Officer Miller started yelling out orders that Mr. Ochoa, a recent Mexican immigrant who speaks little English, didn't understand. Mr. Ochoa said he was then sprayed and beaten. He said he lost his sight temporarily because of the pepper spray. He was handcuffed and taken to a police station, where he was interviewed by officers and released. Mr. Ochoa said his ankles were severely bruised, causing him to limp for several weeks after the incident. The incident concerns Manny Benavides, president of the Irving chapter of the League of United Latin American Citizens, who met with Mr. Ochoa after the incident. Mr. Benavides calls the incident a serious matter and wants the Police Department to undergo more diversity training. "There are a lot of questions to be asked," he said. "And we're going to wait and see how they're going to be answered."  Adios, A-hole. |
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Sounds like he didn't know if he was free to leave, and wanted to ask. Cop thinks hes freaking out or attacking him or something and kicks his ass. Of course no one has heard his side of the story--he will of course claim that he was attacked. Whether or not that is true, we'll see. |
hahaha, thats horrible 
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