By Mario Marcel Salas
Editor's note: A couple of weeks ago I published information concerning the public body cavity search of Paschal Evans, a 27 year old Black man, by San Antonio police. Professor Salas provides some background to this and other human rights abuses by San Antonio police. ---BG
The San Antonio Police Officers Association is the real problem in the matter of police abuse. Why? Because the police association under the leadership of Teddy Stewart is starting to resemble that of convicted felon Harold Flammia. Harold Flammia was the head of the SAPOA and was convicted of crimes that he committed as a police officer and was sent to prison. Flammia was at the helm when the City of San Antonio was in a police abuse crisis. Under Flammia anyone saying anything "negative" about police officers, even if they were thug officers, then the association would engage in threats and intimidation against those that filed complaints. This created an atmosphere of fear and authoritarianism. This brings us to Teddy Stewart, the current political boss of the association. Stewart is running around the community calling people names because community organizations and individuals are refusing to roll over and sanction bad apple cops.
The head of the San Antonio Police Officers Association, Teddy Stewart, foolishly and with a flare for idiocy, called those who are taking a stand against police abuse "Cop Haters." This attack is also being bandied around by one of their henchmen, Dan Martinez, who is parroting the foolishness of the SAPOA president. Dan Martinez should be removed from CAAB as he has sent out emails to the press, and as a member of the CAAB has expressed this same foolishness as Teddy Stewart. Some are questioning if Martinez is violating the cities ethics ordinance by making biased remarks when he is supposed to be unbiased. In a letter to the press, Dan Martinez showed how foolish he can be when referring to citizens complaining about being subjected to brutality. He said, " they fuel mistrust and hatred toward the police in the community." The only thing fueling mistrust and hatred are rogue police officers that are beating and strip-searching innocent people on public streets. Maybe Mr. Martinez should be stripped searched naked on the hood of a police car and then let's see what he has to say. Incidentally, City Council woman Sheila McNeil emphatically stated to this writer that she had nothing to do with putting Dan Martinez on the CAAB. A person with biases and reckless comments like this should be removed from the board immediately.
Most police officers want to do a good job and go home to their family and love ones just like the rest of us. The civil rights community respects these officers, but we are not talking about the majority of officers who obey the law. The San Antonio Civil and Human Rights Coalition is referring to those bad apple cops that Teddy Stewart and the SAPOA want to protect. Unfortunately for Teddy Stewart, and those that think like him, this community cannot and will not respect police officers that abuse innocent people. This is why Teddy Stewart's remarks are in the least foolishness and at best a sophomoric attempt at propaganda. Teddy Stewart's remark can only further polarize the community, and is a mean spirited attempt to propagandize the public. The SAPOA should not be allowed to police itself on any board, or in the Internal Affairs Department. His remarks will not deter the community from seeking justice when bad apple cops break the law and abuse citizens.
Teddy Stewart should immediately apologize for spreading falsehoods that can only make the problem worse. The city has given the SAPOA too much power in protecting bad apples; this should not have happened. We do believe that Police Chief McManus is trying to address the problem, but he in an up hill battle to fix a broken system that the SAPOA wants to keep broken. The outside non-independent group that the Chief is recommending to review police policy may not solve the problem if nothing is done and people continue to be abused! If the City cannot fix the problem, then the Justice Department should come and mediate the problem. No matter what the outside group says it will still be a tainted report, because it will be the same old story of police policing themselves. I can't wait to hear their report! In the meantime, the Civil and Human Rights Coalition will continue to take complaints from people that cannot get justice from the CAAB or Internal Affairs. Call 614-6400 and ask for attorney Patrick Filyk if you have been abused.
In regards to attorney James Myart, it looks as if DA Susan Reed is angry with Myart. After all Myart has repeated the rumor that Susan Reed is an "alcoholic." It would seem that Reed might have a personal vendetta going on under these circumstances. This would make the community concerned about what sort of justice Susan Reed is dishing out. Not everyone thinks Myart is doing a bad job. According to former congresswoman Cynthia McKinney, "James Myart has done incredible work on behalf of the people, exposing what's wrong in San Antonio. In fact, unfortunately, San Antonio is little different than too many other cities across this country where rogue police attacks on the poor and black and Latino men in particular have become an epidemic. I am working with lawyers in New York to make sure that the situation in San Antonio becomes known to authorities at the United Nations. In the meantime, James Myart has drawn attention to a problem of abuse and the authorities never appreciate when the truth is told on them." San Antonio may finally make it "big time," not for being a class act city, but for being a city that is cowed by the SAPOA that thinks its alright to abuse citizens.
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Mario Marcel Salas was born in San Antonio, Texas in 1949 to an Afro-Mexican father and a mixed race mother. He graduated from Phyllis Wheatley High School, an African American segregated school. Soon after high school he joined the Student Non-Violent Coordinating Committee (SNCC), and became a civil rights worker for over 30 years. He was the leader of the last SNCC-Black Panther chapter in the United States in 1976. Salas is now a full time professor at Northwest Vista College in San Antonio teaching American and State government. Mr. Salas is a prolific writer as he writes for three African American Newspapers in Texas. He speaks across the country at various colleges and universities.
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Damn straight SAPOA is a major problem. If you want another perspective, why don’t you talk to some of the ex-wives that were subjected to the “shady” dealings of SAPOA attorneys during their divorces or custody disputes. I, for one, can attest that the lawyer’s complaint was a breach of professional ethics.
My ex and I split during my 28th week of pregnancy and my daughter was born (1992) and raised (until 1998) in Cambridge Massachusetts. In order to invalidate an otherwise legal custody decree the SAPOA claimed jurisdiction in a Texas Court (and the judge overruled my lawyer’s special appearance) on the following jurisdiction:
1. That having “conceived” in Texas made my daughter a domicile of Texas (not true in any state);
2. That my daughter and I had resided in the state of Texas (not true, with all the documentation child support, health benefits proving the opposite);
3. Maintained jurisdiction by original divorce decree.
There are so many ex-wives that have lost custody of their children due to SAPOA attorneys filing frivolous claims to exhaust the financial resources.
Damn straight SAPOA is a major problem! If you want another perspective, why don’t you talk to some of the ex-wives that were subjected to the “shady” dealings of SAPOA attorneys during their divorces or custody disputes? I, for one, can attest that the lawyer’s complaint was a breach of professional ethics.
My ex and I split during my 28th week of pregnancy and my daughter was born (1992) and raised (until 1998) in Cambridge, Massachusetts. In order to invalidate an otherwise legal custody decree the SAPOA attorney (1997)asserted jurisdiction in a Texas Court (and the judge overruled my lawyer’s Special Appearance) on the following grounds:
1. That having “conceived” in Texas made my daughter a domicile of Texas (not true in any state);
2. That my daughter and I had resided in the state of Texas (Not true. During the time in question I was receiving both child support and health benefits in Massachusetts. I was attending undergrad at U-Mass Boston and law school at New England School of Law;
3. Maintained jurisdiction by original divorce decree (the only arguable point had it not been for the fact that my daughter was a domicile of Massachusetts by birth; myself from having lived resided there for more than five years).
There are so many ex-wives that have been subjected to “frivolous” claims and biased dealings during civil disputes with officers represented by SAPOA personnel.
I am forwarding this email to the US Department of Justice so that you are aware of my recent experience with retailer Lens Crafters, North Star Mall, and the San Antonio Police department.
I have followed appropriate protocol for having this matter addressed, but am vigorously getting the runaround from all 3 parties. I am not sure that this matter is being investigated, and if so, I am not sure if I will ever be apprised of the status of such investigations. I have yet to receive a Internal Affairs case number and have been “passed” to about 5 – 6 officers for more information, who are never available, and do not return calls are correspondence. I tried vigorously to obtain information last week, and will try again this week.
North Star Mall and Lens Crafters have been defensive and unapologetic. They have not committed to updating me on investigation findings, nor have committed to formally investigating this matter at all. One San Antonio Police Internal Affairs officer told me by phone that “he has to decide whether he will investigate my case”..
This incident has affected me emotionally and I am fearful of retaliation by all parties, simply because I am persistent in trying to get to the bottom of this problem. I cannot stand back and let this type of behavior repeat on me or others.
It seems it would be rather easy to review the surveillance tapes from mall security. On these tapes you will see that I was unjustly reprimanded and treated like a hardened criminal. I am a 50 year old disabled black man. I am not and was not threatening to anyone. I weight only 135 lbs.
I am hopeful that you will look into this matter on my behalf, as a citizen of the United States. I have apprised the City Council, the mayor's office, the BBB, media, and all parties involved to ensure that my situation is well documented and published. I must do this for my own protection.
I truly feel that I was profiled and that my rights were violated. Now everyone seems to want to “sweep it under the rug”. But, I just cannot ignore the emotional scars and humiliation that this matter has caused.
However, for a police department that operates as I have experienced, I am fearful that they will not take persistent efforts to investigate the matter well.
I was told that the Federal government was inquisitive about SAPD's Internal Affairs and Police practices. I am hopeful that my situation will assure you that problems still exists. I have spoken to many friends who too have had similar and worst situations with SAPD. …all unjust.
Regards,
Kevin M. Vidal
2104644302
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North Star Mall Incident – 11/17/2009
I am deeply upset and dissatisfied with the way that I was handled by North Star Mall security and the assigned Police Officer, on today 11/17/2009. Specifically, I would like to file a complaint and report for this incident.
Today I went to Lens Crafters and my $ 300 cell phone was stolen from the store counter while I was in the store. I used the phone in front of Lens Crafters employees for I called Lens Crafters Customer Service from the store.
After sitting with Brittany to price glasses, I sat my phone on the customer counter. I walked away to replace a pair of display glasses and my phone was gone. At the time there were about 4 employees in the store, and one customer.
I insisted on filing a report and complaint to make Lens Crafters and the mall aware of the incident, but constantly got the runaround, being told that I could file the complaint on line, there was no phone number to call.
Unbeknownst to me, security was called, Mr. Mendoza. He spoke to me and seemed helpful at first. He then told me that an officer would come to take the report, Officer Ingram. I told him that I would walk to my car and return. I gave him my second cell phone number in case I missed him.
As I walked to the car, 3 officers approached me, Ingram asked “may I help you”. I told him no, for I did not know that he was the one that Mendoza called. Ingram did not asked me if I needed help with my phone situation so I figured that I would wait until I returned to Mendoza. Immediately officer Ingram exerted his authority, through me against the wall, handcuffed me and threatened to arrest me if I said one word. As on lookers watched, he asked that at most I could shake my head as he asked questions, and if I said one word he would arrest me. Mendoza then said to me “You really fucked up now”, while Officer Jason told him he should not have said those words.
Ingram was very much in my face trying to provoke me to get arrested. I did not allow this to happen and was released.
I was told by Lens Crafters and by Mendoza that I could file a complaint and incident report and I wanted to. I still do. But, I was told by Ingram that there was no such complaint that I could file and that if I wanted to file a report with the police department nothing would happen, but I could try to do so on line.
I have never been so humiliated in my life. I am a black man. All parties involved were Latino or White. This felt really strange.
Additionally, Lens Crafter employees were very customer unfriendly. Particularly Brian, the manager on duty. He did not want to come to speak with me about this matter, though Brittany tried vigorously. He tried to bribe me by offering deep discounts on glasses for the humiliation. I told him that it would not erase the humiliation and he shouted to Mendoza, “take him away from my store”. Michael, another Lens Crafters employees “freaked out” (according to Brittany as well) for some reason and became arrogant and argumentative with me about the matter, though he was marginally involved. He showed me his iPhone and argued that he had no reason to steal my phone, though I never accused him of stealing it. Ultimately, Michael called security. Brian then came out explaining that security was called to help me file a report. Little did I know they were called to harass and torment me.
I know that I had and used my phone in the Lens Crafter store. There was a total of 4 employees in the store (George, Brian, Michael, and Brittany), and one customer. There is a possibility that my phone was stolen by one of the employees and I wanted to report the incident. I was never able to report the incident, but am now sending this email to you, and will contact the SA Police Department.
Eventually, I did get the phone number of the Lens Crafters Regional Manager, Terry Garcia, from Brittany. I left a voice mail with her and 2 with North Star Mall management. I do believe that Brittany was trying to be helpful.
The fact the Lens Crafters staff, SAPD, and North Star Mall security was so demeaning and humiliating for someone who broke no laws, is something that you should seriously investigate, if North Star Mall management cares. If not, I have no doubt that everyone's absence of politeness will flare up into a more significant problem some day.
As for me, I never plan to go to your mall to shop (nor Lens Crafters) and fill out reports on this matter, post blogs, inform friends, management, media and authorities.
What a horrific experience! You really should investigate this matter and let me know how to go about filing a formal report and complaint.
Your prompt attention to this matter would be appreciated.
Regards,
Kevin M. Vidal
PS: I believe that the article below is on the same officer (Ingram) who harassed me.
Contact: Sgt. Gabriel Trevino Date: 07-14-08 Release No. 08-069
News Release – http://www.sanantonio.gov/sapd/pdf/Adv_071408.pdf
OFFICER INVOLVED SHOOTING
A preliminary investigation pertaining to an officer involved shooting reveals the
following: On July 14, 2008, at approximately 7:04am, San Antonio Police Officer
Robert Ingram, an 11-year veteran, was patrolling behind the strip retail center
located at 5740 Walzem Rd. As Officer Ingram drove his patrol car behind the
businesses, he saw a car backed into a loading dock. As officer Ingram got closer,
he saw a lone male sitting in the driver’s side. Officer Ingram reports that at that
point, the suspect looked up and motioned his head side to side and pointed his
finger up and also motioned his finger side to side (indicating a “no” gesture). The
suspect then placed his car in gear and accelerated directly towards Officer Ingram,
who was still sitting inside his patrol car. The suspect’s car then struck Officer
Ingram’s car, pushing the patrol car back several feet until it was pinned between a
concrete pillar and the suspect’s car. The suspect then reversed his car and then
again came forward, spinning his rear tires, as the suspect’s car again struck Officer
Ingram’s patrol car. Officer Ingram, fearing for his life, began to fire his service
weapon, through his own patrol car’s front windshield, towards the suspect. Officer
Ingram continued to fire as he was able to exit his patrol car and flee for cover.
The suspect was hit by Officer Ingram’s fire and subsequently died at the scene.
Officer Ingram did not receive serious injuries from the ramming of his patrol car.
A preliminary view inside the suspect’s car revealed a hunting knife and drug
paraphernalia. The identity of the suspect is being withheld pending official
identification and the notification of death to the next of kin.
The San Antonio Police Department’s shooting Team is handling the investigation
and will submit their findings to Police Chief William P. McManus and the Bexar
County District Attorney’s Office. As per policy, Officer Ingram will be placed on
administrative duty while the investigation continues.
FOR IMMEDIATE RELEASE