The Voice of Texas Law Enforcement

TMPA, representative of more than 20,000 law enforcement officers across the State of Texas, is deeply concerned about a recent occurrence in the Dallas Police Department. Dallas Police Chief David Brown fired a Senior Corporal following a shooting of a carjacking suspect. Chief Brown made the decision to fire this officer based on a single eyewitness account of the incident before the officer was investigated by the Texas Rangers, FBI, Internal Affairs or grand jury. The repercussions of Chief Browns actions need to be considered before determining whether they should stand. By allowing Chief Brown to fire an officer in this way, a message is sent that he alone is the judge of whether an officers use of deadly force was justified. This is a dangerous shift of policy and places all Dallas citizens and visitors in harms way. Police officers often have to make split-second decisions regarding the use of deadly force. Their conduct in these situations is governed by law the Texas Penal Code and the Texas Code of Criminal Procedure. Those laws specify when officers are justified in the use of force or deadly force, not a single individual. For years the Dallas Police Department has provided reality-based training to simulate incidents and actions that the officer can or may run into in the field. This training is done to enhance situational awareness and to help protect the communities in which the officers serve. Chief Browns knee jerk reaction to fire this officer was based on a single eyewitness account and this sends a very disturbing message to the men and women working the streets every day in Dallas and throughout the state. Knowing they may be fired by their Chief without a fair investigation will make officers more likely to hesitate in life and death situation when they shouldnt. In 2011, the Texas Legislature addressed the problems with mistaken eyewitness identification; at least several sources argue that it is the leading cause of wrongful convictions in Texas and the United States. However, when a single eyewitness makes an allegation against a police officer it was taken as gospel in this case. Prosecutors cannot use eyewitness testimony alone to convict a person of a crime, so why can the Chief of Police use it to fire a veteran, decorated police officer? Police officers have a duty to be diligent and make good decisions. Chief Brown has the same duty. Unfortunately, officers are not robots and they have human reactions and perceptions on every call and traffic stop. No one wants to use deadly force, but the reality is that happens because our society includes people of different moral and ethical fibers who do not operate within boundaries established by law. That is why there are procedures to follow and organizations to investigate situations such as this. Terminating an officer who uses deadly force before the Texas Rangers, the FBI, Internal Affairs and a grand jury have thoroughly investigated the incident and reached a finding is unacceptable.

6200 La Calma Drive

Suite 200

Austin, Texas 78752

Phone: 800.848.2088

Fax: 512.454.8860

www.tmpa.org

The Voice of Texas Law Enforcement

6200 La Calma Drive

Suite 200

Austin, Texas 78752

Phone: 800.848.2088

Fax: 512.454.8860

www.tmpa.org