Letter to the Editor: New Chief Must Earn Our Trust

The Three Components of the Rule of Law

1. No one can be punished or made to suffer except for a breach of law proved in an ordinary court.
2. No one is above the law and everyone is equal before the law regardless of social, economic, or political status.
3. The rule of law includes the results of judicial decisions determining the rights of private persons.

— Dicey, Albert. An Introduction to the Study of the Law of the Constitution (1885).

 

 

LETTER TO THE EDITOR

Nearly seven months since the public media expose’ of corruption in Lexington and Lee County Texas started, where do we stand now? Are we seeing any real change yet? Or is it just another case of “meet the new boss, same as the old boss?”

New police chief Jerry Bowden has been on the job since July 5th. So far he has certainly proven that he’s very good at spending taxpayer money. In his attempts to clean up Lexington’s image problem, Mr. Bowden has invested in new police uniforms (as if white hats are going to restore public trust), new police cars, and putting a new roof on the police station. Sounds great but how exactly does any of this HELP the people of Lexington and those who have been victimized by crime? The fact that tax dollars which should be spent jailing and prosecuting criminal offenders are instead being spent on such frivolities is highly offensive to the victims, many of whom who are STILL waiting for action to be taken on their cases.

Chief Bowden said in the KXAN interview of June 21 that he came here to “heal some wounds.” There are a lot of gaping wounds in this town, still waiting to be healed after weeks, months, years. The victims have suffered long enough already. What will the new chief do about those wounds? Hand them another band-aid and tell them to put some ice on it? “Be patient” ain’t cutting it anymore. After 7 months without a police department, these victims are fresh out of patience. If it were YOUR family that had been violated, how patient would YOU be? Shoe, meet other foot.

Chief Bowden, how about that huge stack of formal complaints on your desk? The results of the Police Misconduct Review Committee’s study? Have you even bothered to look at those yet (or are you too busy ordering white hats)? What about all that city property — including some big, expensive guns — that went missing from the police dept.? What about those still “unsolved” burglaries of local homes, nonprofits, and businesses? Auto thefts? What about the many complaints of police harassment, unlawful searches and seizures, witness/victim intimidation, racial profiling, threats of arrest, false arrests, extortion, and destruction of evidence (just to name a few)? These are very serious allegations, chief — not to be taken lightly or filed under “forget.” Can you withstand the political heat of arresting and prosecuting fellow police officers or other public officials? Or are you just going to keep quiet because certain powerful people were involved? Is it still business as usual in Lexington and Lee County, Texas? We will continue to believe so until your actions prove otherwise. As many times as we’ve been lied to by our police and local government, your words alone do not reassure us. Don’t tell us what you’re going to do; SHOW US what you can do.

Good police work has nothing to do with having spiffy new uniforms and squad cars. A person who has been robbed or raped doesn’t care what color hat you wear; they just want you to help them. The new roof can wait, chief….but the victims who have been irreparably damaged by the harmful actions (and inaction) of this city cannot.

— Anonymous

 

* EDITOR’S NOTE: due to concerns for personal safety and risk of retaliation, the author’s name is being withheld by request.

New Police Chief Hired

WATCH THE KXAN-TV NEWS VIDEO HERE

Change follows KXAN investigation into department

Updated: Tuesday, 21 Jun 2011, 10:35 PM CDT
Published : Tuesday, 21 Jun 2011, 9:30 PM CDT

• Erin Cargile

LEXINGTON, Texas (KXAN) – Four months after the Lexington police chief resigned amid numerous abuse of power allegations , the small Lee County town has recommended a new top cop.

A search committee chose Jerry Bowden from Orange County, Texas near Beaumont out of 52 people who applied for the job. The 63-year-old, who has been in law enforcement 41 years, got his start on the New Orleans police department, worked for DPS and most recently served as a detective for the Port Neches Police Department near Beaumont.

While he is a stranger to those living in Lexington, he and his wife are up to speed with the fallout over the last four months.

“We began to look up Lexington, Texas on the Internet and Lord O mighty — ran into about fourteen pages of material to include the chief’s opening and everything that went along with that,” said Bowden. “I thought it would be a challenge to go to this town and correct this mess and give these people a good police department that was community oriented and more or less try to heal some wounds.”

The mayor and two city council members were on the police chief search committee. They interviewed 15 potential police chiefs.

“I think he’ll take control of the department and run it like it’s supposed to be,” said Mayor Robert Willrich.

In February, a KXAN investigation uncovered former police chief Randy Davenport forging police officer training online. Davenport also admitted to inviting a woman to his hot tub and telling her clothing was optional.

“Even in Orange County we heard about the hot tub incident, and that’s my wife right over there of 25 years,” Bowden said pointing to his wife. “We have a hot tub and that’s the only one that sits in my hot tub.”

Bowden will start a new police department from scratch. Last week, the final two Lexington police officers who were on paid administrative leave – Fredrick Kelly and Jim Sherer – turned in their resignations and accepted severance packages.

Kelly is still facing a theft charge in Hays County. He is accused of stealing an iPhone from a cell phone store while he was there working off-duty security. According to the police report, it was caught on store surveillance video.

The Lee County Sheriff’s Office has been handling law enforcement duties for the city of Lexington, and will continue to do so until a new force is up and running. The city will be posting openings for all three full time officer positions.

Click here for the original KXAN News investigation into the Lexington Police Department.

Officers Sherer and Kelley Resign

From lexingtonleader.com, June 16, 2011 edition.

“Following six months of
discussions and committee
meetings about citizen complaints
against the Lexington Police
Department which resulted
in Police Chief Randy Davenport
resigning on March 31,
Lexington’s only two remaining
officers have left the department.
In last Wednesday’s City
Council meeting, members agreed
to accept the settlement agreement
with Lexington Police Officers
Fredrick Kelley and Jim Sherer,
which was drafted by the officers’
attorney, Shane Boasberg of
Austin.
The agreement was finalized as
of last Friday, June 10, and reads,
“In exchange for Officer Kelley
and Officer Sherer signing a
‘Release of all Claims’ and
resigning from the Lexington
Police Department, (hereinafter
referred to as LPD), both Officer
Kelley and Officer Sherer will
receive an honorable F-5
discharge.

Fredrick Kelley will
receive two months’ severance
following his resignation from
LPD. Jim Sherer will receive four
months’ severance following his
resignation from LPD. Kelley will
further receive his accrued
benefits of 8 hours sick and/or
vacation time from the City of
Lexington. Sherer will receive his
accrued benefits of 116 hours of
sick time and 80 hours of vacation
time from the City of Lexington.
“Sherer and Kelley both agree
not to appeal Lexington City
Council’s decision to accept their
resignation from the LPD.”
Kelley has been on Paid
Administrative Leave from the
LPD since March 17, 2011 and
Sherer has been on Paid Leave
since March 31, 2011.
The City of Lexington has been
interviewing candidates for a new
Chief of Police. They began their
search with over 50 applicants,
narrowing that number down to 15
candidates that have been
interviewed over recent weeks.
Mayor Robert Willrich, Sr. said
they hope to narrow the field down
and have a recommendation for
the City Council within a week.
Willrich said, “We still hope to
have a Police Chief on board by July 1.”

City Suspends Entire Police Force

Former Lexington Police Chief Randy Davenport, who resigned in disgrace last month.

Area Citizen Threatens Class-Action Lawsuit If City Doesn’t Shape Up

Story from the April 7 edition of the Lexington Leader newspaper. http://www.lexingtonleader.com

Following an Executive Session during a special called meeting last Thursday, March 31, the City of Lexington placed the second of their only two remaining full-time police officers on Administrative Leave with pay. At an earlier meeting held on March 17, Officer Fred Kelly was placed on paid administrative leave pending the results of a charge against him in Hays County. He is accused of stealing a cell phone from a company for which he had acted as a security guard last fall.

Last Thursday, Officer Jim Sherer was placed on paid administrative leave until a new Chief is hired to evaluate him. The council’s actions may have been spurred by a local man who threatened a class action lawsuit against the city.

Sam Scoggins speaking in front of the Lexington City Council last Thursday. Prior to the Council entering into Executive Session last Thursday, four people spoke in Citizen Input: Donald Chrisner, Bob Tillery, Mary Atkins, and Sam Scoggins, who was the person who threatened the city with a class action lawsuit during his citizen input.

Reading from his notes, Scoggins said, “Tonight is the night to take action! The time is at hand. If no action is taken, you will be leaving it up to the citizens who have made complaints to once again take it into their own hands and take it to a higher power. The American Civil Liberties Union has offered to represent these citizens in a class action suit, both against the officers as individuals and the city as well. The city will ultimately be held liable. We know that the lawyers for the city have been advising the council that they cannot terminate the officers involved for fear that they may sue the city. If no action is taken the shoe will be on the other foot with the citizens forced to sue.”

Over the course of the past few months, a handful of local citizens have been coming before the council with complaints against the Police Department, accusing the officers of being racist and overzealous. The complainants assert that they have signed letters from several area residents who feel they were treated unfairly by the Lexington police. This prompted the appointment of a Citizen Advisory Committee to look into the complaints and resulted in the resignation of Lexington Police Chief Randy Davenport and another full-time officer. The 5-member Citizen Advisory Committee included two City Council members: Tim Brown and William Langehennig. Also serving were Angela Brower, Angela Stinnet and Kerry Quinney. Only the members of the Committee, along with a few complainants, have seen the alleged signed letters. Even the Mayor of Lexington has not seen the letters and neither have the officers about whom the complaints have been made.

Another committee has been formed to help the city find a new Chief of Police. Mayor Robert Willrich, Sr., Council members Tony Tavary and William Langehennig, City Secretary Pam Cox and four retired or acting law enforcement officers from Williamson and Travis Counties are serving on that committee.

Tavary said to the Leader this week, “We met with a couple of the retired officers who will be helping us hire a new chief and I believe that with their advice we’ll be able to get a better candidate for our city.”

The council voted to increase the Chief of Police’s salary from approximately $ 38,000 to $45,000 a year. They hope to begin interviewing candidates immediately.

The city has received resumes from more than 20 people applying for Chief of Police. The Lee County Sheriff’s Office, along with the Texas Department of Public Safety will help patrol the city until a new Chief is hired.

City Council Hears Police Review Board Report; Two Officers Suspended

Police Review Board Presents Findings

City’s only two officers now on paid adminstrative leave

Updated: Thursday, 31 Mar 2011, 9:56 PM CDT
Published : Thursday, 31 Mar 2011, 9:41 PM CDT

• Erin Cargile

LEXINGTON, Texas (KXAN) – As of Thursday, there are no police officers patrolling the streets of Lexington. The council made the call during a special meeting. The only two officers left in the small Lee County town are on paid administrative leave.

It is the latest development in an ongoing KXAN investigation into the city’s police department.

During the meeting, the police review committee turned over their findings to the city council behind closed doors. When members reconvened in public session, they unanimously voted to put Officer James Sherer on paid leave.

At a previous meeting, the council placed Officer Fredrick Kelly, on paid administrative leave due to a pending theft charge in Hays County. He is accused of stealing a cell phone from an AT&T store in Kyle while working security on the behalf of the Lexington Police Department According to the arrest affidavit, the store has surveillance video and phone records to support the charge.

March 31 was also Police Chief Randy Davenport’s last day on the job. He turned in his resignation the day after the initial KXAN investigation aired in February. The report brought to light accusations of sexual harassment and forging police officer’s online training.

Several days later a citizen filed a complaint with the Texas Commission on Law Enforcement Standards and Education, and TCLEOSE started investigating.

On March 22, Davenport surrendered his law enforcement license, and therefore can no longer be a police officer in Texas ever again.

The city has received resumes from more than 20 people hoping to become the next police chief.  A special search committee is vetting the applications and hope to have a new top cop selected by June.

“The city needs a little patience and little TLC, and I think things will definitely get better as far as the situation in the city goes,” said Councilman Tony Tavary.

The council set a starting salary for the new police chief at $45,000 Thursday night. Members also called for the new chief to update the police department’s policies and procedures.

Until a new police force is formed by the new chief, the Department of Public Safety and deputies with the Lee County Sheriff’s Office will patrol the city. Council members said it has worked well so far.

Click here for the original story that aired Feb. 21.

 

Chief Randy Davenport’s Law Enforcement Career is Over

 

Lexington police chief surrenders badge

Move follows state agency investigation

Updated: Wednesday, 30 Mar 2011, 6:34 PM CDT
Published : Wednesday, 30 Mar 2011, 6:19 PM CDT

• By Erin Cargile

LEXINGTON, Texas (KXAN) – The Lexington Police Chief can no longer carry a badge in the state of Texas ever again. It is the latest development in an ongoing KXAN Austin News investigation that first aired more than a month ago.

After more than 20 years in law enforcement, Randy Davenport surrendered all licenses and certificates from the Texas Commission on Law Enforcement Officer Standards and Education March 22. The move bans a person from ever serving as a police officer again. According to TCLEOSE documents, Davenport summarized his reason with one sentence: “Wanting to pursue other avenues outside law enforcement.”

Three weeks prior, TCLEOSE said they were looking into an administrative complaint filed by a citizen. Sources say TCLEOSE officials paid a visit to Lexington last week.

Davenport turned in his resignation notice a couple of days after KXAN’s initial report aired which included accusations of sexual harassment and forging officer’s online training. His final day on the job was slated for March 31, and will be paid until then even though he was without a law enforcement license for more than a week.

A citizen review committee met for several weeks to listen to citizen complaints. Their work is complete and plan on discussing their findings with the city council behind closed doors during a special council meeting Thursday night.

KXAN will have a crew there. The city council could also take action on Lexington police officer Fredrick Kelly who was arrested and charged with stealing a cell phone from a store in Kyle.

Click here for the original story that aired Feb. 21.

Lexington Officer in Theft Investigation Suspended With Pay

Officer Kelly's mugshot

Officer in theft investigation suspended

Lexington officer suspended with pay

Updated: Thursday, 17 Mar 2011, 10:19 PM CDT
Published : Thursday, 17 Mar 2011, 10:12 PM CDT

LEXINGTON, Texas (KXAN) – Lexington Police suspended one of their few officers with pay amid a theft investigation.
Fredrick Kelly was working off-duty as a security guard at an AT&T store in Kyle. Store owners say he stole a phone.

The decision was made in a special meeting Thursday night.
We’ll continue to follow the developments of the case.

City Council Struggles With Staffing for Police Department

Story from the Lexington Leader newspaper, http://www.lexingtonleader.com.

 

City Council Struggles with Staffing for Police Dept.

Despite struggling with staffing, the City of Lexington is moving forward with regard to the Police Department.

The Citizens’ Advisory Committee, made up of City Council members William Langehennig and Tim Brown, along with city residents Angela Brower, Angela Stinnet and Kerry Quinney, have spent the last several weeks interviewing over 30 people, most of who are from Lexington, during a total of seven meetings. The Committee will present their recommendation in writing to the City Council in a special called meeting to be held next week, the date of which had not been set as of press time.

According to Langehennig, “A couple of people spoke in a positive way about the police department and said they were doing a good job. The rest of the people we spoke with had a complaint of some kind against the department or against an officer in the department.”

Last Thursday, March 17, the city Council met in a special session concerning Officer Fred Kelly. After a two-hour executive session, in which the city attorney was in attendance, the Council took no action.

Following that, Mayor Robert Willrich, Sr. made the recommendation that it would be in the best interest of the city of Lexington to suspend Officer Kelly, with pay starting March 21, 2011, for the duration of the Hays County Proceeding on criminal charges against him.

William Langehennig made the motion to ratify the Mayor’s recommendation. Tim Brown seconded and all five council members voted in favor to suspend Kelly with pay until the Hays County proceedings are over.

With Chief Randy Davenport’s resignation, Kelly’s suspension and one officer’s resignation effective March 31, the city of Lexington is left with one full time police officer – Jim Sherer.

The City Council addressed this problem in a special called meeting Tuesday, March 22, which unfortunately, was after press time. The agenda for that meeting included: discuss and take action on setting qualifications for applicants for the police chief; discuss how to advertise for new Chief of Police through the Texas Municipal League and other options; decide the time frame to accept applications; and discuss and take action on the staffing of the police department.

Mayor Robert Willrich, Sr. said, “ I have visited with Sheriff Rodney Meyer and requested assistance from his department if needed. He’s assured us that we will have that.”

Citizen Response To Chief Davenport’s Open Letter

From the Letters to the Editor section of the Lexington Leader newspaper. http://www.lexingtonleader.com. This is a Giddings citizen’s response to Lexington Police Chief Randy Davenport’s “Open Letter to the Community” published the previous week.

 

Dear Editor:

I am a resident of Giddings that has been closely following your citizen’s complaints against Chief Davenport and his department.

I read with anticipation Chief Davenport’s open letter, fully prepared to side with him and his officers. However, several things bother me about what he said. First, he said “I feel like the complaints against me and my department are unfair.” He said unfair, not unfounded. Secondly, “I haven’t been able to tell my side.” His open letter would have been an appropriate forum to do so for the public, yet he didn’t. He will also get a chance to tell it in front of the newly formed committee. He went on to say that most of the complaints against him had been looked at by various agencies and “none of them felt there was sufficient evidence to justify an investigation.” Again, not that evidence was absent, just that it was insufficient. “The City Council . . . chose to take no action.” Perhaps because the committee has not concluded its investigation?

I feel that City Council took and continues to take appropriate action. The composition of the committee seems fair and balanced. I am sure their report will be a fair one to everyone involved.

Sincerely,

Joyce Thompson 1136 CR 219, Giddings, TX

Police Chief Davenport’s Open Letter to the Community

Originally published in the Mar. 17th, 2011 edition of the Lexington Leader newspaper. http://www.LexingtonLeader.com

 

An Open Letter to the Community

2011-03-17 / Front Page

As you all know by now, I submitted my Letter of Resignation to the Mayor and City Council on February 24, 2011 as Chief of Police for Lexington, effective March 31. The reason for giving this much time before I leave was to give the City of Lexington time to interview and find someone to fill this position.

Although it has been very difficult the last several weeks, I love Lexington and I want the very best for this community.

I feel like the complaints against me and my department are unfair. I’m sorry that some people in this town don’t feel like the job we have done is good enough, but we did what we thought was right. There are always two sides to a story and, because of my position, I haven’t been able to tell my side.

I will say this though, most of the complaints that have been brought against me have already been looked at by the Federal, State and Local law enforcement agencies and none of them felt there was sufficient evidence to justify an investigation. The City Council has also looked into two of the allegations and chose to take no action.

It’s a shame that some people felt it was necessary to get the TV station from Austin to cover their complaints, as I think their reporting tainted Lexington’s image.

There are a lot of good people in this town that I care very much about and I will always want the very best for Lexington.

To all the officers who have ever worked with me, past and present: I wish the very best for you and I want you to know that I did the best job I knew how looking after the City, the Police Department and you.

Sincerely, Randy Davenport