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Fort Worth police suspend officers after Rainbow Lounge investigation

09:49 PM CST on Thursday, November 5, 2009

By TANYA EISERER / The Dallas Morning News
teiserer@dallasnews.com

Police Chief Jeff Halstead said he wanted to close a painful chapter and start a new one as he stood in front of front of a gay bar Thursday to announce the suspensions of a sergeant and two police officers over a controversial raid conducted here in late June.

An internal investigation found that three officers, who received suspensions ranging from one to three days, violated department policies, but they were cleared of allegations that they used excessive force. Five other officers were cleared of any wrongdoing.

"We did not provide service to the GLBT (Gay, Lesbian, Bisexual, and Transgender) community with respect," said Halstead, adding that each of the three officers has apologized to the department for their actions that night.

"It was clear from some of the 32 witnesses interviewed that some of our officers entered into the Rainbow Lounge in a manner that was perceived as aggressive, rude and unprofessional," he said.

But the findings of the investigation and the chief’s disciplinary decisions brought swift condemnation from Fairness Fort Worth – a group formed after the raid – and the bar’s management.

"This report, because of the lack of proper and adequate disciplinary actions, does not set the standard for accountability," John Nelson, a Fairness Fort Worth spokesman, said during the news conference. Nelson called for an independent investigation.

The June 28 raid by Fort Worth police officers and Texas Alcoholic Beverage Commission agents triggered a tidal wave of criticism. Both agencies quickly announced policy changes and launched investigations in the aftermath of the raid, which included several arrests. One bar patron – Chad Gibson – suffered a serious head injury.

Suspended for a variety of policy violations were Fort Worth police Sgt. R.M. Morris, and Officers K.Q. Gober and J.M. Back.

• Morris, who joined the force in 1995, received a one-day suspension for "poor judgment" in the way he conducted the bar check on the Rainbow Lounge. "The decision to utilize a total of nine law enforcement officers to check a newly established club was excessive," his suspension letter states. The investigation also found that he failed to follow procedures, such as checking liquor licenses or other permits.

• Gober, a nearly three-year veteran, received a one-day suspension after he arrested two bar patrons for public intoxication but failed to complete his police reports by the end of his shift. "This negative media attention could have been averted had Officer Gober completed the required offense report," his suspension letter states.

• Back, a nine-year veteran, received a three-day suspension after he arrested a bar patron for having a "drunk look," which does not meet requirements for a public intoxication arrest. Back released the patron to a friend after learning the friend was Fort Worth police employee. Back violated department policy by not issuing a citation to the patron before releasing him. "Officer Back’s conduct in releasing the patron gave the appearance of favoritism and that he did not have sufficient cause to arrest the person," his suspension letter states.

In late August, the TABC announced several reforms, the firing of two agents and a supervisor and that it had taken disciplinary action against two other high-ranking employees after an internal investigation into the raid found policy violations.

Both Fort Worth police and the TABC have cleared agents and officers of targeting the bar specifically because it served a gay and lesbian clientele.

The TABC also cleared Agent Trainee Jason Chapman and Agent Christopher Aller of using excessive force on three bar patrons, including Gibson.

Aller and Chapman, along with their supervisor, Sgt. Terry Parsons, were fired in August.

Halstead also recounted some of what witnesses told investigators about the raid.

Witnesses told investigators that the doorman was detained and pushed against the wall as agents and the officers made what seemed to be a very forceful entry about 1:30 a.m.

"Another witness made the statement, ‘Officers came into the bar so forceful and disrespectful that they were bumping into people,"’ Halstead said. "One patron told our investigators, ‘They (the police officers and the agents) all appeared to be agitated or anxious."

Halstead said Fort Worth police officers only used the minimal force necessary during the raid, and did not use any of their weapons.

Halstead also said officers were unaware that they were conducting their raid on the 40th anniversary of the infamous Stonewall Inn raid, an event that sparked riots and launched the modern gay-rights movement. The chief acknowledged the district parallels between the two events, in that both sparked fear and confusion in the community.

"For that, I will apologize for the police department," said Halstead, who has turned a copy of the entire investigation over to the U.S. Department of Justice for their review. "That was not their intent."

Halstead also acknowledged that in the days after the raid his comments sparked anger from many, who accused him of being insensitive when he appeared to condone the officer’s methods after officers claimed they were groped by bar patrons.

Halstead again apologized for those comments.

The chief said he has made several policy changes since the raid, including tightening up when and how officers conduct "bar checks" and raising the standard of when a person can be arrested for public intoxication.

He said that he believes these would either prevent such an incident from occurring again or allow the department to render serious discipline in the event that it did.

Randy Norman, who was present what he described as a raid that inspired chaos and pure terror among bar patrons, remains far from satisfied.

"The discipline falls far short of what should have been done to those officers," he said. "We suspend our bar staff for overpouring longer than that."




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