4 charged, 7 fired, 12 disciplined in videotaped beating

Case results from videotaped beating of teen suspect
By BRIAN ROGERS and JAMES PINKERTON
Houston Chronicle
Jun. 24, 2010

Four Houston Police Department officers were indicted Wednesday on misdemeanor charges in connection with the beating of a burglary suspect that was caught on videotape earlier this year.

The four and three other officers were fired for their roles in the incident involving Chad Holley, an Elsik High School sophomore, who was handcuffed and lying on the ground after leading police on a short chase March 23.

Critics called the charges a "slap on the wrist."

Community activist Quanell X, who first publicized the incident April 29, said he was "absolutely disappointed" that none of the officers was indicted for assault.

"You're watching a handcuffed young man being beaten by law enforcement officers, and the only charge is official oppression? Where's the assault charge?“

Quanell X said prosecutors sought felony charges, but grand jurors reached a "compromise" returning lesser charges. The activist called the move racially motivated, and said white males made up the majority of the grand jury. Holley, 15 at the time of the beating, is black.

Grand jury proceedings are secret and names of the grand jurors have been sealed.

Harris County District Attorney Pat Lykos would not divulge the makeup of the grand jury, but described it as "diverse."

The incident was recorded by a surveillance camera at Uncle Bob's Self-Storage, 8450 Cook Road, then sent to HPD by Uncle Bob's parent company.

Lykos identified the indicted officers as: Phil Bryan, 44, a 19-year HPD veteran; Raad Hassan, 40, who had been on the force five years; and Andrew Blomberg, 27, and Drew Ryser, 29, both with three years at HPD. All four were charged with official oppression, a Class A misdemeanor. Bryan and Hassan also were charged with violation of the civil rights of a prisoner, also a misdemeanor.

Class A mis-demeanors carry a maximum punishment of a year in jail.

All four were fired by Police Chief Charles McClelland, who also terminated HPD Sgt. John McClellan, 59, a 38-year veteran officer; Gaudencio Saucedo, 38, an eight-year veteran and Lewis Childress, 48, a 24-year veteran. All but McClellan were members of the department's Westside Gang Unit.

Officer Waleed Hassan, who was suspended with pay during the investigation, was counseled but not disciplined, McClelland said.

Five other officers were given two-day suspensions for "policy violations unrelated to the arrest of Chad Holley," McClelland said. Their roles in the incident and ensuing investigation were not clear. Unlike the others, none of the five was suspended during the investigation.

The charges and firings were outlined in a press conference by Lykos, McClelland and Mayor Annise Parker.

"Seven officers lost their jobs today and it's our intent that they never work in law enforcement again," Parker said. "When our officers behave in an inappropriate manner, they will be disciplined."

Under Houston's civil service rules, the officers can appeal their punishments.

Defense attorney Dick DeGuerin maintained that his client, Blomberg, had done nothing wrong.

"He was well within his use-of-force rights," DeGuerin said. "He's not one of the ones seen on the videotape hitting and kicking."

Bryan's attorney, Aaron Suder, said, "We're going to be eager to get this case in front of a neutral jury and be able to present our side of the evidence … It'll show his actions were legitimate and legal. I think they were legal and justified under the law."

Joe Owmby, who represents Hassan, said his client believed the teen was capable of resisting arrest.

"We will plead not guilty. The use of force was justified to make an arrest when a person is resisting," Owmby said.

Video withheld for trial

Parker has viewed the videotape of the incident and called it "disturbing."

Lykos, Parker and McClelland separately declined to release the video, despite pledging transparency for each of their administrations.

"The first showing of the video will be in a courtroom," Lykos said. "The defendants are entitled to a fair trial."

Asked if someone else could release the tape, McClelland said any copies that may be in HPD's possession belong to the Harris County District Attorney's office.

Parker volunteered that if anyone else had a copy of the tape, she would consider it stolen.

Quanell X claimed on Wednesday that he has a copy, but said he has been threatened with legal action if he releases it. He would not say who was pressuring him.

Holley, 16, was hospitalized after the incident. He spoke to the grand jury for about an hour on Monday, his attorney Wilvin Carter said. Carter said the teenager still faces burglary charges and his family plans a civil suit against the city.

"They're upset. They feel as if an injustice has occurred. They wanted the grand jury to come back with felony charges," Carter said.

Pastor James Nash, secretary of Houston Ministers Against Crime, commended McClelland for acting quickly, but said the officers involved should face more serious charges.

"You can't let a police officer hide behind a badge and commit crimes," Nash said. "When we start indicting these guys and give them what they deserve, that will send a signal to the rest of them.

"Even though we got something, I'm disappointed because it's like a slap on the wrist … it's a step forward, but it's not enough," the pastor said.

Union waits on 'process'

Councilman C.O. Bradford, a former Houston Police chief, said he believes the videotape should be released to the public, although he acknowledged that he has concerns about the potential public reaction.

"Something went terribly wrong where that number of officers were involved," Bradford said.

Houston Police Officers Union President Gary Blankinship noted that the indictments are not the end of the process.

"In no way is this a conviction, but another step in the process of our criminal justice system," Blankinship said. "I think it's important to note a very fast, very thorough investigation was conducted and presented to a grand jury relatively quickly, given the magnitude of the investigation. We'll just let the process run its course and see what the outcome is."

Chronicle reporter Bradley Olson contributed to this story.