All "Color of Law" Violations are Local ! But are they all reported ?

Police chief, officer arrested after drug evidence inquiry
Crime lab says E. Texas department hasn't sent samples for five years
12:00 AM CST on Saturday, March 4, 2006
By LEE HANCOCK / The Dallas Morning News
TYLER – The longtime police chief of Troup and one of his officers were arrested early Friday in the southeast Smith County town after a six-week investigation into theft of drugs and evidence.
Chief Chester Kennedy was charged with evidence tampering, and Officer Mark Turner was charged with evidence tampering and delivery of marijuana.
"There have been rumors and a cloud of suspicion involving that department for quite some time," said Maj. Mike Lusk, head of criminal investigations for the Smith County Sheriff's Department.
Sheriff's investigators began the inquiry and called in the FBI after receiving complaints "both outside and in the department" about problems with drug cases and other investigations in the town, where Chief Kennedy has led the force for more than a decade, Maj. Lusk said.
Troup city officials did not return repeated phone calls for comment. Smith County deputies were handling patrol assignments to protect the town of 1,949 Friday, authorities said.
FBI Special Agent Jeff Millslagle, resident agent in charge of the bureau's Tyler office, said his agents are continuing in the investigation, along with sheriff's investigators, the Smith County district attorney's office and the Texas Department of Public Safety.
Investigators said checks with the Texas Department of Public Safety, where the crime lab processes drug evidence for local police departments statewide, determined that Troup officers hadn't sent in any evidence for testing in more than five years.
And local prosecutors "very infrequently" saw any cases from the department, said Smith County District Attorney Matt Bingham.
Investigators said they zeroed in on cases involving four people who were arrested and then had case evidence disappear – including one in which police had confiscated "an eight-ball," or more than 3 ½ ounces of methamphetamine; another involving several 2-foot marijuana plants; and a third involving a gallon-size plastic bag of marijuana.
A search of the department's evidence locker turned up some drugs that had not been tagged, some lying in open bags and some evidence bags that were empty. Those were scattered with other evidence that had been properly bagged and tagged, investigators said.
Chief Kennedy, 59, admitted under questioning that he had given some alcohol to an officer that should have been held for a pending bootlegging case, investigators said. Asked about the missing drugs, he told investigators that "he knew it was going on. He claims he was trying to handle it, but it wasn't going too good," said an official familiar with the case, speaking on condition of anonymity.
Officer Turner, 47, delivered a small quantity of marijuana to an undercover investigator "as a good-faith gesture" and admitted having more in his home after his arrest, officials say. Authorities found a small quantity in his home, investigators said.
Chief Kennedy became chief in Troup after being tried and acquitted in 1993 in neighboring Wood County on charges of indecency with a child. He had worked prior to that as a Wood County sheriff's deputy but left the county after his trial, said Wood County Criminal District Attorney Marcus Taylor.
Chief Kennedy also ran into controversy with the Smith County Sheriff's Department after his son violated parole. Chief Kennedy denied knowing where his son was, but deputies were tipped off by an informant that he was hiding in Chief Kennedy's home and caught the younger man there when he came outside to get a newspaper, said Smith County Sheriff J.B. Smith.
Mr. Taylor remained jailed Friday in lieu of bond totaling $500,000, and Mr. Kennedy was released after making a $400,000 bond, authorities said.
E-mail lhancock@dallasnews.com
source:http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-troup_04tex.ART.State.Edition1.22dc138c.html
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Reporter files complaint against officer
News writer says he was threatened with gun on assignment in E. Texas
12:00 AM CST on Saturday, March 4, 2006
From Staff Reports
A Dallas Morning News reporter filed a complaint Friday that accused an off-duty East Texas lawman of bumping his car, detaining him and threatening him with a shotgun.
Reporter Dave Michaels filed his complaint with the Upshur County sheriff's office about Gladewater police Officer Bryan T. Naismith.
Mr. Michaels was in Upshur County on Thursday to report on a fatal shooting last summer by Mr. Naismith.
Reached at his home in Gilmer on Friday, the officer declined to answer questions about the confrontation with Mr. Michaels.
According to his complaint, Mr. Michaels twice went to Officer Naismith's neighborhood. The first time, about 6:30 p.m., he knocked on Officer Naismith's front door and spoke with the officer's wife. According to the complaint, she invited Mr. Michaels to return in a half-hour, when the officer was expected back.
About 9 p.m., the reporter said, he drove back into Officer Naismith's neighborhood and noticed a vehicle make a U-turn and approach his car from the rear. The vehicle then bumped Mr. Michaels' car from behind, the complaint said.
A man dressed in civilian clothes and carrying a shotgun got out and yelled at the reporter, demanding to know his identity. Mr. Michaels said that he identified himself and that the man then pointed the shotgun through his open car window, toward his chest, and ordered him out of the car.
The man, still pointing the weapon toward Mr. Michaels, acknowledged he was Officer Naismith and continued to yell, saying he had people wanting to kill him.
According to the complaint, the officer lowered the gun and allowed the reporter to leave after cursing at him: "I'm letting you know who the [expletive] I am. Get the [expletive] out of here."
During a traffic stop that involved several officers minutes later, Mr. Michaels reported the incident to Gladewater Police Chief Jimmy Davis, the complaint said. Mr. Michaels said the chief and another officer told him he had provoked Officer Naismith by driving into his neighborhood. Chief Davis did not return a call for comment Friday.
Upshur County Sheriff's Lt. David Dickerson said the complaint would be referred on Monday to the Texas Rangers. In January, a grand jury declined to indict Officer Naismith in the June shooting death of Jonathan King. The officer fired several shots at Mr. King and later said Mr. King had tried to run over him with his car.
source: http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-complaint_04tex.ART.State.Edition1.22cf77a3.html