>> 3 GIRLS SUPER WE HAVE PLAYED FORWARD AND 3. >> 2 CIVIL RIGHTS LAWSUITS
FILED AGAINST ONE MIDSIZE WALL
INFORCEMENT AGENCY. BOTH CASES
AGAINST SAN MARCUS POLICE
SPOTLIGHT. ITS OFFICERS USE
OF STUN GUNS IN ONE INCIDENT,
THEY USE THEM ON A PERSON WHO
IS DEAF AND COULDN’T HEAR THEIR
COMMANDS.
SHAME ON THAT POLICE DEPARTMENT
FOR TAKING THAT TYPE OF ACTION.
THAT WAS WRONG.
>> KSAT INVESTIGATES DILLON
COLLIER, SIFT THROUGH WHAT LED
TO EACH ALTERCATION AND
EXAMINES A DEPARTMENT THAT SOME
SAY IS BADLY MISMANAGED.
BUT A WARNING THIS FOOTAGE MAY
BE DISTURBING TO SOME VIEWERS.
>> IN THIS FEDERAL LAWSUIT
AMENDED IN JANUARY TO ADD MORE
OFFICERS NOW BEING LABELED
DESCRIBES THE BRUTAL EXCESSIVE
FORCE AND FALSE ARREST. HE
EXPERIENCED AT THE HANDS OF SAN
MARCUS POLICE JUST OVER
2 YEARS AGO, A BACKSEAT
PASSENGER IN A CAR SUSPECTED
OF PLEA FROM A CONVENIENCE
STORE THEFT.
>> LEYVA WAS COMPLIANT WITH
RAISED HANDS, ONE HOLDING HIS
I D THE OTHER HIS CELL PHONE
RECORDING VIDEO WHEN THE
SERGEANT STEP FORWARD IN USED
HIS STUN GUN TO ELECTROCUTED.
AND WE NOW WE NOW.
>> KSAT INVESTIGATES LATER
REVEALED THE SERGEANT WHO
PULLED THAT TRIGGER. RYAN
HARTMAN.
>> HAVE BEEN BACK ON DUTY JUST
6 WEEKS AFTER A LENGTHY LEAVE
OF ABSENCE FOR CAUSING A CRASH
IN LOCKHART THAT KILLED A WOMAN
DESPITE SPEEDING AND HAVING AN
OPEN BEER CAN IN HIS TRUCK.
HARTMAN WAS NEVER ARRESTED OR
DISCIPLINED BY INTERNAL AFFAIR,
WHICH I THINK.
>> THERE’S THIS.
CULTURE OF IN THE SAN MARCUS
POLICE DEPARTMENT.
>> REBECCA WEBER IS IN AUSTIN
BAY, CIVIL RIGHTS ATTORNEY
REPRESENTING LABOR. YOU REALIZE
THAT THERE’S REALLY A LOT OF
TIME AND OPPORTUNITY FOR ALL
THE OTHER DUDE HANGING AROUND
WATCHING.
>> 2.
>> SAY, HEY, MAN, I DON’T DO
THAT OR, YOU KNOW, IT’S OKAY.
YOU KNOW, HE’S COOPERATING OF
THE 4 OFFICERS NAMED IN LLEVA
SUIT. ONLY ONE OF THEM IS STILL
EMPLOYED BY THE DEPARTMENT.
HARTMAN SUSPENDED ONE WEEK FOR
USING UNNECESSARY FORCE DURING
THE TASERING INCIDENT WAS FIRED
LAST YEAR FOR UNRELATED RULES
VIOLATIONS. I SEE LINDROS WHO
ALSO TASERED LLEVA RESIGNED A
MONTH AFTER DOING SO ACCORDING
TO S AND P D TO PURSUE OTHER
OPPORTUNITIES. AND THEN THERE’S
JORDAN PERKINS TERMINATED LESS
THAN 2 WEEKS AFTER BEING NAMED
IN THE LAWSUIT, OFFICIALS SAID
HE HAD REPEATED RULES,
VIOLATIONS, DISCIPLINE RECORDS
SHOW LAST MARCH. PERKINS WAS
SUSPENDED FOR PLACING HIS GUN
AGAINST THE NECK AND HEAD OF
THE SUSPECT.
>> AND IN A SECOND INCIDENT
USED HIS HAND TO STRIKE A
HANDCUFFED SUSPECT IN THE FACE,
INJURING HIM. WHEN YOU HAVE
PEOPLE WITH THIS MUCH
DISCIPLINARY HISTORY AND YOU’RE
STILL PUTTING THEM OUT ON THE
STREET.
>> AND YOU’RE NOT REVIEWING
THEIR ARREST RECORDS AND THEIR
USE OF FORCE. JUST SETTING UP A
SITUATION WHERE SOMEONE IS
RATES ARE GOING TO BE VIOLATED.
WEBER REPRESENTS ANOTHER MAN
WHO LIKE LLEVA.
>> WAS ON THE RECEIVING END
OF SAN MARCUS PD STUN GUNS.
BIG JOHN KELLY, ALL 6 FOOT,
9 OF THEM WAS CROSSING THE
STREET IN MAY 2019, WHEN
OFFICERS APPROACHED HIM FROM
MULTIPLE SIDES AND WITHIN
SECONDS REPEATEDLY USED THEIR
TASERS ON AS ONE OFFICER KICKED
KELLY. ANOTHER CONTINUED TO
ELECTROCUTE HIM BEFORE ALL 3.
FINALLY REALIZED.
♪
THEY HAD TAKEN DOWN THE PERSON
WHO COULD NOT HEAR THEM THROUGH
AMERICAN SIGN LANGUAGE
INTERPRETER. KELLY TOLD US HE’D
WALKED AWAY FROM HIS FAMILY’S
CAR AFTER HAVING A DISAGREEMENT
WITH HIS WIFE AND TO THIS DAY
HAS NO IDEA WHY OFFICERS
RESORTED TO VIOLENCE. KELLY
WAS NEVER CHARGED OR EVEN
HANDCUFFED. STILL, OFFICERS
TRIED THEIR BEST TO PAINT.
KELLY IS NOT COMPLIANT.
>> THE COMPANY IS TALKING IS
HANDS ON IT.
>> THE FALSE ASSERTION WAS MADE
AT THE SCENE AND THEN REPEATED
IN EACH OF THE OFFICERS
ACCOUNTS OF WHAT HAPPENED EVEN
AS THEIR OWN BODY CAMERA SHOWED
KELLY WITH HIS HANDS UP BY HIS
FOREHEAD. MY HANDS WERE NOT ON
MY CHEST. I WANTED TO JUST YOUR
TO THE POLICE AND SHOW THEM
WITH MY HANDS THAT I WANTED TO
WRITE TO COMMUNICATE.
>> THAT’S WHERE MY HANDS WERE
IN FRONT OF ME. CLEARLY, KELLY
CONFIRMED HE’S NEVER BEEN
CONTACTED BY SAN MARCUS POLICE
INTERNAL AFFAIRS TO GIVE A
STATEMENT ABOUT WHAT HAPPENED
TO HIM.
>> ALL 3 OFFICERS SHOWN USING
FORCE AGAINST KELLY ARE STILL
EMPLOYED BY SNP POLICE CHIEF
STAN STANDRIDGE AND THE CITY’S
MAYOR JANE HUGHSON DECLINED
INTERVIEW REQUESTS CITING THE
PENDING LITIGATION OF BOTH
CASES IN NOVEMBER DURING A
TAPED DEPOSITION FOR KELLY
SUIT, OFFICER JOHN TO COURTING
ANSWERED THAT IF THE
CIRCUMSTANCES DICTATED IT’S
OKAY TO USE THE STUN GUN ON
SOMEONE WHO IS ELDERLY, VERY
FRAIL OR EVEN.
>> ABOUT A PREGNANT WOMAN IS
OKAY. DETECTIVES ARE PREGNANT
WOMAN.
>> AGAIN, IF THE CIRCUMSTANCES
DICTATED TO US.
>> HAYS COUNTY PROSECUTORS
DISMISSED A MISDEMEANOR
INTERFERENCE CHARGE AGAINST
LLEVA LAST SUMMER. HIS
ATTORNEYS NOW ASKING THE COURT
TO ADD A WRONGFUL ARREST CLAIM
TO SUIT AS WELL AS A CLAIM THAT
HIS FIRST AMENDMENT RIGHTS WERE
VIOLATED. KELLY CIVIL RIGHTS
CASE IS SCHEDULED TO GO TO
TRIAL IN SEPTEMBER. YOU KNOW,
WHEN YOU TALK ABOUT KELLY, BIG,
JOHN, AS YOU CALLED IT, YEAH,
HIS HANDS ARE UP AS HE’S
WALKING ACROSS IN SOON AS HE
SEES THE OFFICERS, HE BEGINS TO
TRY AND SIGN THAT HE’S DEATH.
THAT IS WHAT IS NORMAL PROTOCOL
IS USE THESE USED TO TRYING TO
COMMUNICATE WITH PEOPLE THAT
WAY AS SOON AS HE SEES THEM,
HE WANTS THEM TO KNOW RIGHT
AWAY THAT HE IS DEAF AND YOU
CANNOT HEAR WHAT THEY’RE SAYING
THERE. WE SAW AT THE HOUSE
STRONGER EACH OF THESE FEDERAL
CASES. KELLY’S CASE IS VERY
STRONG SCHEDULED FOR TRIAL IN
SEPTEMBER. HIS ATTORNEYS HAVE
ALREADY GOTTEN OVER A LOT OF
THOSE HURDLES THAT YOU SEE LEAD
TO DISMISSALS KIND OF EARLY
ON WITH LAWSUITS ARE FILED
AGAINST POLICE DEPARTMENTS.
LABOR’S CASE WAS FILED MUCH
MORE RECENTLY. SO HE HAS TO GET
OVER SOME OF THOSE SAME
HURDLES. TEMPS THAT DISMISSAL
BEFORE THIS GETS TO TRIAL OR A
POSSIBLE SETTLEMENT. AND IN
THAT KELLY INCIDENT AND WE SAID
AT THE TOP OF THE STORY, THE
VIDEO WAS HARD TO WATCH.
A CERTAINLY IS GOING TO WATCH.
>> ANY IDEA WHETHER THESE
OFFICERS HAD SOME SORT OF
TRAINING ON HOW TO INTERACT
WITH SOMEONE WHO IS DEAF, ALL 3
OF THOSE OFFICERS, ACCORDING TO
THE TEXAS COMMISSION ON LAW
ENFORCEMENT, HAD TAKEN A 4 HOUR
COURSE ON HOW TO INTERACT WITH
DRIVERS WHO ARE DEAF OR CANNOT
HEAR. THAT CASE IS SPECIFIC
TO INTERACTING WITH DRIVERS AND
NOT TO JUST
>> PEOPLE IN THE COMMUNITY THAT
YOU MAY INTERACT WITH IN THE
COURSE OF YOUR JOHN, TO COURT
EASE COURSE TOOK PLACE 2 MONTHS
AFTER THIS TASER INCIDENT.
BUT
>> CURRENTLY ALL HAVE THAT FOR
OUR COURSE AS PART OF THEIR
TECO OFFICIAL RECORDS THAT YOU
YOU, I I YOU SAID THAT INTERNAL
AFFAIRS FROM SAN MARCUS NEVER
RIGHTS ACT OF MISTER KELLY.
>> I’M ASSUMING THEY ALSO NEVER
STREET AND WE ASKED HIM THAT
AND HE’S HE’S HAD NO CONTACT
WITH THEM SINCE THIS INCIDENT
TOOK PLACE WHETHER TO GIVE HIS
VERSION OF WHAT HAPPENED TO GET
A FORMAL APOLOGY FROM WE COULD
FIND NO SUSPENSIONS OF ANY OF
THESE OFFICERS IN THE KELLY
CASE. AS WE MENTIONED, HARTMAN
WAS SUSPENDED FOR THE LAY OF
THE 40 HOURS THAT HE WAS ABLE
TO USE VACATION TIME TO COVER.
BUT IN TERMS OF THE KELLY CASE,
THE OLDER CASE, NOTHING FROM
SNP’S TYPE OF SITUATION WHERE
IT LOOKS LIKE THEY WANTED JUST
TO GO AWAY AND HE WASN’T
ARRESTED WAS NEVER CHARGED,
NEVER HANDCUFFED. THERE WAS NO
ASSAULT THAT TOOK PLACE.
SOMEONE CALLED 9-1-1 BECAUSE
THEY SAW HIM USING SIGN
LANGUAGE WITH HIS WIFE WHO IS
ALSO DEAF. AND THIS WAS THE
RESULT NOT GOING AWAY BECAUSE
THERE’S VIDEO OF WHAT HAPPENED.
SO WHAT COMES NEXT IN THESE
CASES? SO KELLY’S CASE IS JUST
A FEW MONTHS FROM THIS MIGHT BE
A SITUATION WHERE THE CITY OF
SAN MARCUS SETTLES A CASE
BECAUSE THERE REALLY AREN’T
MANY OFF SCHOOLS LEFT TO TRY
AND GET THIS TOSSED OUT.
LEYVA WERE PROBABLY SEE A
COUPLE YEARS MAY BE SEVERAL
YEARS AWAY FROM GETTING A TRIAL