Law enforcement isn't releasing many details about an incident on Wednesday in which a deputy shot a suspect after responding to a domestic disturbance call on Cooper Lane near Paradise Cove.
Grayson County Sheriff Keith Gary said in a press release on Thursday that the incident happened at a residence near Paradise Cove, west of Pottsboro, and that no one sustained life-threatening injuries. Asked about the incident Wednesday evening, sheriff's office Lt. David Hawley said he was told it involved a Taser injury.
The sheriff's office has turned over the incident investigation to the Texas Rangers. The sheriff's office also is conducting an internal affairs investigation. Texas Ranger Brad Oliver said the suspect who was shot has been arrested.
Gary and Oliver both said that no other comments can be made until the investigations are completed. Oliver explained that the integrity of the investigation otherwise could be lost.
The Texas Public Information Act states that so-called "front page information" from police incident forms are public information. Gary and Oliver said they would not provide the incident report information until after the investigation.
The Texas Attorney General's Public Information Handbook explains that basic information that ordinarily appears on the first page of an offense report includes the name, age, and other information on anyone arrested; the names of officers making the arrests and investigating the incident; the date, time, and place of the arrest; the offenses charged; the location of the crime and a detailed description of the offense, among other information. It also states that "Radio dispatch logs or radio cards maintained by a police department that contain the type of information deemed public may not be withheld."
A call to the Texas Attorney General's Office met with little success. Asked whether there are exceptions to the Public Information Act when the incident was an officer-involved shooting, the AG's press office spokesman replied he could not give opinions and referred the reporter to the handbook.
The following information was taken from communications made by way of police radios, beginning with the initial call made about 5:30 p.m. by a neighbor. Gary said he could neither confirm nor deny that this information is correct.
A Grayson County Sheriff's Office dispatcher told the officers that a man was holding his wife and threatening her with a gun. She told the deputies, according to the police radio, that the home was on Cooper Lane near Paradise Cove Road and Mitchell Lane. A look at maps shows that Cooper Lane parallels a Lake Texoma shore and is northwest of Pottsboro.
Several minutes later, a dispatcher told the responding deputies that the wife and a child had gotten out of the house to wait for law enforcement.
The police radio was quiet for awhile, until a male voice came over saying shots had been fired and that an ambulance was needed.
When handed a written request under Texas Public Information Act to obtain copies of oral communications during the incident, Gary and Hawley said that most communications from that time on were made by cell phone. They also said that the county's new telephone system, installed about three months ago, is not interacting with the recording devices normally used on every incoming and outgoing call.
The Herald Democrat also has submitted two requests under the Texas Public Information Act to both the Sheriff's Office and the Texas Rangers to obtain the written incident report following the incident.
Texas law requires agencies to respond to such requests promptly. Otherwise, they must notify the requester in writing within 10 days that they are seeking an attorney general's ruling that the requested information is exempt from the public information law.
Oliver said he hopes the investigation will be finished by the middle of next week, but that there are several people to be interviewed before it can be wrapped up and returned to the Sheriff's Office.
Comments ... 36 found!
Really?! : 2/4/2010
To all who are saying that the police are 'going to sweep it under the rug' and that they're corrupt..you're right. It's a consiperacy. Now go put on your tin foil hats.
Seriously?! WOW
Really people?! : 2/4/2010
For all of you who think that the police are going to 'sweep it under the rug' and complain how corrupt law enforcement is...you're right. It's a consiperacy. Now put on your tin foil hats.
Seriously
shooting : 2/3/2010
First of all, it happened in Pottsboro. Right there you should have known it's gonna be swept under the rug. The good old boys will take care of it themselves...Things are just different out there - blame the lake water, whatever.
Betty
Deputy Involved Shooting : 2/2/2010
You people are so stupid. Yall are crying that if you did something wrong it would be all over the news. Yeah you would. That is because generally the investigation has already been completed when yall hear about it. If you had a meth lab in your house there would be an investigation done, you would get busted, and then your ugly mug would be all over the news. The Texas Rangers were called to do the investigation so that people couldnt say that the Sheriff's Office was covering something up. The Rangers have to make sure the deputy did not do anything wrong, and then I am sure they will give you all the details.
Good Job Deputy
shooting : 2/2/2010
Pottsboro is not that big,someone there knows exactly what happened. EVERYTHING- else makes the news or papers,whats the secret?????? did someone die after the fact?Call channel 10,they will send someone to get to the bottom of this.
curious reader
Deputy Shooting : 2/1/2010
Before we jump all over Mary Jane Farmer let's at least think she has at least one layer of bosses over her and ultimately the editor himself. It would be interesting to know if Ms. Farmer really wrote the story or if she was ordered to write it the say it came out. I'm not defending the reporter, just wondering what the real story is there. The newspaper is well known for its liberal, leftist leanings and not known to be supportive of law enforcement.
Law Enforcement Supporter until shown otherwise
Time for a new job : 2/1/2010
This is typical Mary Jane Farmer. Reporting half of the story..demanding information she feels 'entitled too'. If you feel so compelled to write a story, Mary, how about adding 'further details will be reported once the investigation is completed'. Keep you're entitled and self important nose out of it. Let LE do their job!!! When is enough enough? When are the powers that be at the paper going to send you packing? Not soon enough if you ask me!!
Fed up reader! I quit.
Pottsboro bang bang : 2/1/2010
Get a life Erin the po-po didnt shoot anyone with a real gun(weep-weep)it was a TASER.Quit crying about the poor deputy who had to shoot someone, he was TAZED not shot.Yea the po-po is hiding something and we want to know what it is,the po-po dont get to decide what is reported and what is not.Go Jane, and what about an update?
mudcat
Whatever : 2/1/2010
OK, whatever! The next time I see an article in the paper or on the TV involving any crime, I am going to call the Sheriff's office and make sure that the investigation was complete before they spoke to the media. They should abide by the same rules that they force us to abide by! Period.
Reader
Grayson County Sheriff : 1/30/2010
Here's an up date /news flash the Sheriff is an elected offical he is going to do what they do run his office the way he want it to run. The only people he will talk to is the media and comissioner. Which is about what he needs to make his office function. It's The Wild Wild West it's his county. He doesn't used the govt.code as a guild line.We have our own sheriff problem in Oklahoma.GOOD LUCK
GW in Oklahoma
1-29-10
officer-involved shooting : 1/30/2010
The sheriff's office clearly has a responsibility to provide basic info on the shooting. It WILL NOT compromise the investigation.
ed
Sheriff's Secrets : 1/30/2010
Who in heaven's name does Sheriff Gary work for? I have never seen a more deceitful man in my life, unless it was Drue Bynum. These men have lied and told half truths or just part of the story so much to hide inefficiences and faults of their "Gestapo Tactic" officers. Obviously we did not get the truth on the "New County Jail" they had to have because they neglected to take care of the one they now have. We need to clean house in County government and get someone who is not hiding behind a badge or a judges cloak to keep the truth from the public.T22MP
Joe Fitzsimmons
Why? : 1/30/2010
I am 100% on the officers side. If this guy was threatening his wife and/or kids and/or the deputy, he had every right to shoot this sorry sack and I am glad he did! All I am saying is that I don't know why it's such a secret and treated differently than it would be with every other citizen. Looked at the headlines every day of the week: a coach accused of molesting students, Joe Blow and 3 others arrested for manufacturing meth, shooting suspect in custody, and on and on. My whole point is that they sure don't mind giving the names, details, accusations, etc, before any investigation is complete on any other normal citizen and again, I don't see why this is different. If I shot a man, it would be in the paper and on TV who I was, who I shot, what it was "allegedly" over, etc. Why is this different?
Reader
Seriously?? : 1/30/2010
Throughout the state of Texas, year in and year out, officer involved shootings are investigated by the Texas Rangers. And typically the details of the incidents are not released until the Rangers have concluded their investigation. Fortunately, we here in Grayson County dont have to deal with officer involved shootings very often. But one of the unfortunate side effects of that is having members of the media who dont understand the process.
Heres and idea... Instead of throwing a fit over the lack of information being released by law enforcement and expecting all your "news" to be spoon fed to you over the phone or in a press release, try actually going out there and getting the information.
One would think with a "shooting" someone would have been injured, where do injured people go? One would think those in the neighborhood where this happened might have some information?
Call me crazy but perhaps Ms. Farmer could wait for the details to be released OR go out there and do some investigtive reporting....instead of writing a dozen paragraphs full of sour grapes.
Common Sense
Public Information : 1/30/2010
Stay on it Mary Jane. There is way too much corruption and cover-ups going on and thank goodness there is such a thing as public information that reporters have the right to have. Deal with it. Follow the rules folks. Not sure how many of you watched dateline last night which involved a fellow policeman who had shot his wife in Denton Texas. I personally know the victims from this incident and thank goodness the reported did not give up on the public information that was her legal right to obtain. Bobby Lozano would have gotten away with murdering his wife and cashing in on the million dollar life policy he had on her. The reporter also got the go around when she tried to obtain certain information. Many cases are solved by the public and not by the investigation. I think authorities forget they work for the public and it is the public's right to obtain information. Again, follow the rules and you reports stay on it and also follow up on cases that just don't sit well with your internal feelings. Thank goodness the reporter did some good investigative reporting and Bobby Lozano is sitting where he should be.
RIP Viki Lozano
Deputy involved shooting : 1/30/2010
Obviously neither the suspect or deputy were shot with a firearm! Had either of them been shot, they would have been transported to a local hospital or airlifted out. Had either of them even been slightly injured with a firearm, I'm sure the sheriff's office SOP's would call for medical treatment. If not for medical clearance at least from a liability standpoint, probably both. That would have been something that could not be "covered up". Did your "great news investigator" check out that end of the story? A complete investigation requires all the details before filing a case, if there is one to be filed. You would think that your news agency would want complete details to write a news worthy story. Give law enforcement their chance to complete the investigation and you will have your chance pick it apart and tell the parts you want told!!!
Yes I'm in LE
Open Records : 1/29/2010
Why have open records? So we are not like China.
1984
Reporter Credibility : 1/29/2010
Sounds like Mary Jane Farmer should have researched more before printing her article. As Texas Gov't Code 552.108 states information pertaining to an investigation is protected if releasing it would harm a current investigation in progress. She should know this as she covers most of the crime in Grayson County. Sounds like she was trying to make a story to bolster her name or sell papers. I want a reporter who will get ALL the facts before publishing an article. This is yet another example of the poor reporting/coverage by this newspaper.
Reader Not Subscriber
Deputy Shooting : 1/29/2010
It's my understanding that the Sheriff asked the Rangers to investigate the shooting rather than doing it himself. Rangers don't have the authority or mission to investigate without someone asking for their neutral and impartial findings. As to the ,individual who was shot, what did he want, suicide by cop? An officer has the right to deal with danger to himself. If an officer in uniform approaches you and you have a firearm in your hands, you'd better drop it. That officer wants to go home to his family and if necessary to do that he has a right to use deadly force if it is warranted. I urge the media to back off and give the Rangers time to fully investigate the matter. I have heard it said that the individual was not wounded. We'll soon find out the truth I hope.
Law enforcement backer
Reporter on Rampage : 1/29/2010
Sounds like someone's toilet seat got sanded this morning. You people are ridiculous saying she is doing a good job. A good job would be to wait until she has something to report then report it. All this article was the Herald Democrat "Brat" didn't get her way and she is crying. This is not just your run of the mill burglary, this is a shooting. The public's crave for knowledge cannot overshadow making sure everything is on the up and up. For all you idiots crying coverup give me a break this is not something anyone would cover up.
Grayson County Citizen
TX Govt Code 552.108 : 1/29/2010
TX Govt. CodeSec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT, CORRECTIONS, AND PROSECUTORIAL INFORMATION. (a) Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if:
(1) release of the information would interfere with the detection, investigation, or prosecution of crime;
(2) it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication;
(3) it is information relating to a threat against a peace officer or detention officer collected or disseminated under Section 411.048; or
(4) it is information that:
(A) is prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation; or
(B) reflects the mental impressions or legal reasoning of an attorney representing the state.
(b) An internal record or notation of a law enforcement agency or prosecutor that is maintained for internal use in matters relating to law enforcement or prosecution is excepted from the requirements of Section 552.021 if:
(1) release of the internal record or notation would interfere with law enforcement or prosecution;
(2) the internal record or notation relates to law enforcement only in relation to an investigation that did not result in conviction or deferred adjudication; or
(3) the internal record or notation:
(A) is prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation; or
(B) reflects the mental impressions or legal reasoning of an attorney representing the state.
(c) This section does not except from the requirements of Section 552.021 information that is basic information about an arrested person, an arrest, or a crime.
Public Info Act
Deputy involved shooting : 1/29/2010
Glad I quit taking this paper. Just what we need a news hound trying to botch an investigation. Leave them alone and you'll get facts when they have all the facts.
CD
Odd : 1/29/2010
The headline says te story is about Texas Rangers investigting an officer involved shooting. Strange. Why then are there 8 paragraphs of self praise by this newspaper on it's efforts to interrupt 2 law enforcement investigations?
You're kidding right?
Trash rag : 1/29/2010
So let me see if I undersand this...an officer involved shooting happened 36 hours ago, it is an active investigation by the Texas Rangers, the sheriff stated bluntly that he did not want to jeopardize the integrity of the investigation---and this whole article is about the efforts of the herald democrat to get their hands on paperwork so they can publish information that could directly affect a criminal investigation, not to mention that preliminary details are rarely accurate before a thorough investigation is done, and the herald democrat is trying to burden the sheriffs office with complaints to the AGs office which will inevitable tie up some officers time to respond to that as well? What part if this scenario makes the "news" paper any more than a gossip rag that would publish information at the demise of a criminal investigation? Seems to mr they would prefer to get the finished report and actually publish verified facts. You will not get a pat on the back from me for all of your harraent techniqes to "break" a story that will be forgotten in a week anyway.
Common Sense
Shooting : 1/29/2010
Calm down folks, don't wet your pants! The whole story will come out after the Texas Ranger completes his investigation. Some of you don't understand that the sheriff asked the rangers to do the investigation so that the facts can impartially presented. We have a family member who works at the Sheriff's Dept. and he says that Sheriff Gary is very professional and will see to it that the facts are made public. Also, remember that an officer has the right to protect him -self from harm and that's probably what happened here.
Fair minded citizen
Get a Life : 1/29/2010
Alright Im glad the media is staying up on all the goings on in the county, Be even better if they did the ENTIRE county.
As for the Sheriff and the Rangers and the Office of the Sheriff they have an investigation to conduct and as soon as it is over Im sure that the records will be available.
Ken
open records : 1/29/2010
Go Jane go.
The Sheriff is one of the most secretative and partisan official in this county. "Open Records" seem to be a problem with the people in charge.
We need people to keep them accoutable.
Go Jane go.
good government voter
Public Information : 1/29/2010
I too thank the Herald Democrat for trying to get the full story on this incident. Too often events are covered up by those who are supposed to protect us.
Thankful for the press
: 1/29/2010
Isn't it funny how most any crime or incident is splattered across the front pages of the newspaper and on TV regardless of ones guilt or innocence, but, when it involves a member of law enforcement such as in this case, it is a heavily-guarded secret. I wish our local law enforcement and elected officials took care of us like they do themselves! I don't understand the big secret here. I would be on their side anyway. If this guy was threatening his wife or child with a gun, I wouldn't care if the deputy had shot him in the head with a real gun! If the guy wasn't doing this and the deputy shot him unwarranted, then perhaps they are downplaying this by refusing to divulge public information? Good job Mary Jane - keep up the good work!
Reader
: 1/29/2010
One thing you need to realize here is that the Sheriff's Office is doing their investigation but at the same time they are being investigated. The first thing that you are told is not to talk to anyone so that people can't "compare notes". I'm sure the Sheriff will talk to you freely once the investigation is complete.
On another note, Mary Jane Farmer needs to step out of the reporter shoes for one second and realize a lot of peoples lives were affected by this. No police officer wants to shoot someone. I'm sure the officer involved is having to get through this very tuff decision that he had to make in a split second. Also, the lives of this family have just been changed. These innocent little children have just had a very traumatic experience and the wife involved in this has just had or will have a major change in her life.
Erin Miller
Deputy Involved Shooting : 1/29/2010
Yeah, the job of the paper and news agencies is to get the facts straight, and give the public a first hand account of the incident. However, this rarely happens in news or paper.... Almost every time there is an incident half of the information is incorrect... Way to go Sheriff's Office and Texas Rangers for letting the investigation take its course, and hopefully the paper and news will get it straight...
Sheriff's Office Fan
: 1/29/2010
MJ - go out the the Locust Store and talk to the owners. they have some further and more accurate info with no rhetoric
BHL
Deputy involved shooting : 1/29/2010
I don't understand why the media just can't leave it alone until the investigation is over.I'm sure the deputy did what he had to do. If this happened to you or one of your family members,would you want it all to be published in the paper or on the news? No,you wouldn't! That's what is wrong with the world today,everybody is busy trying to be in others business and not minding there own! Nosey people,let it alone!
Mind your own business people!
deputy involved shooting
PIA : 1/28/2010
We should be thankful for Texas' Public Information Act (formerly called the Open Records Act). I'm glad to know that the paper is using the Act to get these records, and I hope you will be sure governmental officials comply with the Act. There are lots of things the paper could find out about Grayson County government with a few more public information requests and a few hours spent reviewing the records.
Open Records Fan
Grayson County Sheriff's deputy-involved shooting : 1/28/2010
It is the media's obligation to seek facts about events that concerns the general population and to do so without exeption.
Keep up your work! And thank you.
C.R.
Deputy involved shooting : 1/28/2010
Thank you Mary Jane for working so hard to get this story and for keeping after it till we at least have an idea of what happened.Thank you......
mudcat
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