TDMN reporter files complaint against officer: News writer says he was threatened with gun on assignment in E. Texas

Dallas Morning News
Mar. 07, 2006

A Dallas Morning News reporter filed a complaint Friday that accused an off-duty East Texas lawman of bumping his car, detaining him and threatening him with a shotgun.

Reporter Dave Michaels filed his complaint with the Upshur County sheriff's office about Gladewater police Officer Bryan T. Naismith.

Mr. Michaels was in Upshur County on Thursday to report on a fatal shooting last summer by Mr. Naismith.

Reached at his home in Gilmer on Friday, the officer declined to answer questions about the confrontation with Mr. Michaels.

According to his complaint, Mr. Michaels twice went to Officer Naismith's neighborhood. The first time, about 6:30 p.m., he knocked on Officer Naismith's front door and spoke with the officer's wife. According to the complaint, she invited Mr. Michaels to return in a half-hour, when the officer was expected back.

About 9 p.m., the reporter said, he drove back into Officer Naismith's neighborhood and noticed a vehicle make a U-turn and approach his car from the rear. The vehicle then bumped Mr. Michaels' car from behind, the complaint said.

A man dressed in civilian clothes and carrying a shotgun got out and yelled at the reporter, demanding to know his identity. Mr. Michaels said that he identified himself and that the man then pointed the shotgun through his open car window, toward his chest, and ordered him out of the car.

The man, still pointing the weapon toward Mr. Michaels, acknowledged he was Officer Naismith and continued to yell, saying he had people wanting to kill him.

According to the complaint, the officer lowered the gun and allowed the reporter to leave after cursing at him: "I'm letting you know who the [expletive] I am. Get the [expletive] out of here."

During a traffic stop that involved several officers minutes later, Mr. Michaels reported the incident to Gladewater Police Chief Jimmy Davis, the complaint said. Mr. Michaels said the chief and another officer told him he had provoked Officer Naismith by driving into his neighborhood. Chief Davis did not return a call for comment Friday.

Upshur County Sheriff's Lt. David Dickerson said the complaint would be referred on Monday to the Texas Rangers. In January, a grand jury declined to indict Officer Naismith in the June shooting death of Jonathan King. The officer fired several shots at Mr. King and later said Mr. King had tried to run over him with his car.