Inmates Sexually Abused by Federal Employees

Report: 16 Sex Abuse Cases in Houston Prison
Inmates Allegedly Sexually Abused by Workers

Published : Thursday, 10 Sep 2009, 1:11 PM CDT

ISIAH CAREY

HOUSTON - A federal audit released by the U.S. Department of Justice indicates the sexual abuse of federal inmates is at an all time high, and Houston is no exception.

The report shows there were cases of sexual contact or abuse of inmates at nearly every federal facility in the country. It also shows there has been a significant increase in sexual abuse from 2001 to 2008.

The numbers released from the Bureau of Prisons show a 130 percent jump in the number of inmates claiming sexual abuse by federal prison staff.

According to the report FOX 26 News received, there were 16 cases of alleged sexual abuse at the federal detention center in Houston.

There were another 55 cases reported at the federal facility in Beaumont.

Check back with MyFoxHouston.com for updates to this story.

Innocent man imprisoned for 17 years sues Houston for millions

08:27 PM CDT on Monday, June 15, 2009

By Lee McGuire / 11 News / KHOU.COM

HOUSTON -- A federal district judge has refused to dismiss a multi-million dollar civil lawsuit against the City of Houston, clearing the way for George Rodriguez’s claim that he was wrongfully imprisoned to go to trial Tuesday.

His attorney, Mark Wawro, declined to comment except to say he is seeking compensation for what he has lost.

Court documents indicate that Rodriguez believes the city was complicit in his wrongful conviction by looking the other way as conditions in the city’s crime lab deteriorated over a period of several years.

The 11 News Defenders first exposed widespread problems with mishandled evidence, poor training and faulty test results five years ago. In 2004, a judge allowed Rodriguez to be released on bond after DNA testing cleared him in the kidnapping and rape of a 14-year-old girl in 1987.

Houston City Attorney Arturo Michel said the problems at the crime lab were not the source of the conviction. Instead, Michel points to the dishonest testimony of a crime lab supervisor.

“I think what you have here is a person who was simply not honest,” Michel said. “It doesn’t matter how many funds you put into something and how good a program you have, you cannot guard against a person’s dishonesty.”

“What we are going to show here is that you have someone who was lying on the stand and it was a tragic consequence,” he said.

On Wednesday, the Houston City Council will consider extending the contract with a private law firm that is representing the city in court. The City Attorney has already paid $50,000 to the law firm of Feldman & Rogers, and Wednesday’s vote would extend that to up to $200,000.

Neither Michel nor Wawro would comment on exactly what financial relief Rodriguez is seeking in the case, but Michel said “they began with tens of millions of dollars that they would like the city to pay them in this process.”

Since then, Michel said, confidential discussions between the parties have been underway.

Rodriguez’s suit began with a wide range of defendants, including the City of Houston, Harris County and individuals involved in the case. The other defendants have either been dismissed from the case or have reached private settlements, Michel said.

11 News legal expert Gerald Treece says that Rodriguez’s legal claim his civil rights were violated is traditionally difficult to prove.

“There has to be a conscious indifference by a policy or practice of the government,” he said. He added Rodriguez would have to prove city leaders knew the evidence that helped lead to the conviction was faulty and they “simply didn’t care."

Jury selection begins Tuesday morning in United States District Judge Vanessa Gilmore’s courtroom.

Judge Kent is now behind bars

05:22 PM CDT on Monday, June 15, 2009

By Chris Paschenko / The Daily News

GALVESTON, Texas — Federal Judge Samuel B. Kent is now behind bars.
He reported to a federal prison Monday afternoon outside Boston.

The move comes on the same day that U.S. House members were expected to convene impeachment proceedings against the convicted jurist possibly this week.

The U.S. House Judiciary Committee unanimously approved four articles of impeachment, accusing Kent, 59, of high crimes and misdemeanors.

Kent, who was on the bench in Galveston for years, pleaded guilty last month to obstruction of justice after federal prosecutors agreed to drop sexual misconduct charges against him.

His caseworker, Cathy McBroom, and secretary, Donna Wilkerson, accused Kent of non-consensual sexual misconduct, saying Kent forced himself on them, touching them while in his chambers.

Kent, who announced his intention to resign from the bench June 1, 2010, was sentenced to 33 months in prison.

Kent is expected to report today to the U.S. Federal Bureau of Prisons’ Devens Federal Medical Center in Massachusetts.

His attorney, Dick DeGuerin, said he hoped his client would receive treatment for his ailments there.

“I understand it’s one of the better medical facilities in the federal system,” DeGuerin said.

Impeachment by the House and prosecution by the Senate is the only way to remove a federal judge from the bench.

Kent will continue to collect his $174,000 annual salary and benefits while in jail unless he is removed or resigns.

The first two articles of impeachment refer to Kent’s unwanted sexual misconduct against McBroom and Wilkerson, and the final two include false statements to investigators.

A vote on the articles of impeachment, which was tentatively scheduled for Friday, is expected to take place sometime this week, possibly Tuesday, Wednesday or Thursday, said Brendan Daly, a spokesman for California Congresswoman Nancy Pelosi, who is Speaker of the House.

An impeachment vote, however, wasn’t listed on House Majority Leader Steny Hoyer’s legislative calendar for this week.

Local congressman pushing for bill to protect kids from sex predators

12:45 PM CDT on Monday, June 15, 2009

KHOU.com staff report

HOUSTON—Congressman Ted Poe is teaming with local law enforcement to get the Protecting America’s Children Act passed.

The bill is designed to protect kids from sex predators.

It would keep suspects charged with a sex offense against a minor from being released from jail before their trial if they’re considered a flight risk or a danger to society.

Concealed weapons permit applications surge in Texas

05:36 PM CDT on Sunday, June 14, 2009

Associated Press

AMARILLO, Texas—State officials are asking people seeking concealed weapons licenses to be patient.

The Texas Department of Public Safety says a backlog of applications has stretched processing times from 90 days to 16 weeks in some cases.

The Amarillo Globe News reports DPS received about 48,600 applications from January to May. That’s compared to 62,000 during all of last year.

DPS spokeswoman Lisa Block says the agency has hired additional employees to help process applications for concealed weapons permits.

Sales of semiautomatic weapons increased immediately after the Obama administration disclosed it was considering reinstituting a ban on assault weapons.

DA blocks release of autopsy in Taser case

11:23 AM CDT on Saturday, June 13, 2009

By T.J. Aulds / The Daily News

LA MARQUE — The family of a Texas City man who died after he was shocked by a police officer’s Taser is supporting the Galveston County District Attorney’s decision to fight the release of information on how the man died.
Jamaal Valentine, 27, died May 17 at Mainland Medical Center after going into cardiac arrest while being taken to the hospital for treatment for cuts he received while wrestling with La Marque police.

While an autopsy is complete, Galveston County Medical Examiner Dr. Stephen Pustilnik said he was advised by the county attorney not to release the report or even confirm how Valentine died at the request of Galveston County District Attorney Kurt Sistrunk.

Sistrunk has asked the Texas attorney general to support his claim that the autopsy should not be released to the public because of the investigation into Valentine’s death.

The county and the district attorney are asking that even the most basic information be withheld until the investigation is complete.

Sistrunk argued that any information about the cause of death or details from the autopsy could taint statements from witnesses as his office and the Galveston County Sheriff’s Office investigate.

After at first agreeing Friday morning to release information on the cause of death, Pustilnik retracted the offer after the county’s legal office advised him to honor Sistrunk’s request.

Sistrunk said his office needed to follow up with witnesses and hoped new witnesses would come forward. He said he didn’t want those people to be influenced by facts being “made public that aren’t public yet.”

The Daily News plans to challenge the district attorney and county’s argument that all of the information contained in the autopsy report, including the cause of death, can be withheld, Charles Daughtry, the newspaper’s attorney said.

Editor Heber Taylor said the newspaper was not interested in information that would jeopardize the investigation.
“But there’s a larger public policy issue here,” Taylor said. “Many members of the community were so upset by the facts of this case that Geraldine Sam, the new mayor of La Marque, found herself speaking at a public protest, asking for calm and for trust for the police department.

A man who told a passing motorist he might be having heart attack died after being shocked with a Taser by police. I think the public has an interest in knowing what caused his death.

“It’s a contradiction to me — asking for public trust on one hand and being unwilling to give even the most basic information about what caused this man’s death.”

Still, the district attorney’s challenge is supported by Valentine’s family, attorney Chad Pinkerton said. The family was told this week what the medical examiner determined caused Valentine’s death.

“Due to the state of the investigation and as a courtesy, my law firm and the family have agreed to keep the nature of the findings confidential until a later date,” Pinkerton said. “Our job is not to incite the public or bring about outrage in the community. What we want to do is find the truth. We want to finish the investigation first.”

The La Marque Police Department and the three officers involved in the Valentine case have come under fire for their tactics, including the use of a Taser to subdue Valentine.

Police claim that during a struggle Valentine tried several times to grab for one of the officer’s firearms.

However, a witness said he called police after Valentine came up to him and asked for help because he thought he was having a heart attack.

The witness said police overreacted to what he said was a medical emergency.

Deputies get new tool to catch illegals

10:47 AM CDT on Saturday, June 13, 2009

KENS 5

Local law enforcement officials are getting a new tool to help catch illegal immigrants.

It is called the Secure Communities Program, and it links local county jails with the Department of Homeland Security's biometrics database.

Deputies will be able to see the immigration records to ensure criminal non-residents are not released into the community.

Congressman Cuellar said a third of all deported non-citizens are convicted criminals.

"ICE will take the appropriate action after inmates serve their time. Priorities will be given to those individuals with the biggest threat to our communities, such as those who've been convicted of drug crimes, murder, rape, robbery or kidnapping," said Cuellar.

The program started this week in Bexar, Hidalgo, Starr, Webb and Zapata Counties.

Sugar Land man accused of selling counterfeit computer products to US Marines

04:11 PM CDT on Friday, June 12, 2009

khou.com staff report

HOUSTON -- A Sugar Land man was arrested Thursday and charged with selling counterfeit computer products to the U.S. Marine Corps.

Federal agents arrested Ehab Ashoor, 48, at his home and he was scheduled to appear in court Friday morning.

The federal indictment charges Ashoor with trafficking in counterfeit Cisco computer products.

The Marines ordered the Cisco products for their operations in Iraq.

Ashoor's company, CDS Federal Inc., was awarded a contract to supply the Cisco products, but he is accused of giving them counterfeits instead.

If convicted, Ashoor faces up to 10 years imprisonment and a fine of up to $2 million.

The criminal charges are the result of a joint investigation conducted by ICE, Customs and Border Protection and the Department of Defense.

HPD union warns of crime wave if city cuts academy classes

08:22 PM CDT on Friday, June 12, 2009

By Lee McGuire / 11 News / KHOU.COM

HOUSTON -- The head of Houston’s police union says residents should brace for a crime wave if the city council approves a budget that includes cuts in academy classes, police overtime, and the elimination of a $12,000 signing bonus for new recruits.

Houston Police Officers’ Union president Gary Blankinship sent Mayor Bill White and council members a letter June 8 outlining his concerns, and went further during an interview Friday.

“The mayor might as well acknowledge that we are going to have a crime wave here,” Blankinship said. “Crime is going to go up, response time is going to go up, and officers are going to be put in harm’s way because we are going to have officers responding to calls without proper backup.”

Blankinship opposes a plan to eliminate approximately $14 million in police overtime, as well as the signing bonus and two planned police academy classes in the 2010 fiscal year, which starts in July. A spokesman for White said the overtime money had been part of a temporary measure to add additional patrols during a staffing shortage, and was never projected to be a permanent fix.

White spokesman Frank Michel said the police department has hired more than a thousand new officers in the last five years, with the largest addition coming in the last two years. He said the increase means the police department no longer needs to rely heavily on overtime for regular patrols.

On Wednesday, White said “it has always been our intention, which we have expressed in open council meetings, to bring down the amount of overtime funding, as we did in the 1990s.”

The Mayor also said the signing bonus for new recruits is no longer necessary because the soft economy has increased the number of people looking for new jobs.

“We have somewhat decreased demand for slots in the Academy,” he said, “and a larger supply of applicants, because it’s a slow economy.”

For this reason, White said the police department does not need to start new police academy classes, which had been planned for this fall. Instead, the current budget funds only two academy classes in the next year, down from four. The next academy class begins later this month, and under the proposed budget, the next academy class would not begin until March of 2010.

Blankinship said the elimination of two proposed classes would quickly wipe out any staffing gains the department had made in the last year.

“We have a lot of people retiring right now,” he said. “And to cut this 12 thousand dollar signing bonus really hampers us.”

Officials in the White administration strongly dispute Blankinship’s characterization that a crime wave will develop if the 2010 budget is passed.

“The mayor and this administration have done nothing but beef up the police force,” Michel said. “The crime rate is going down, and crime here is the lowest it has been in the last 28 years. The police budget has gone up $201 million since Mayor White arrived.”

Michael Moore, White’s chief of staff, sent 11 News a list of other major cities that are cutting deep into police budgets. In Houston, he said, the police budget is actually projected to increase by $18 million in fiscal year 2010. In addition, Moore said the city has applied for funding under the federal stimulus package, which could allow the police department to reinstate at least one academy class.

White officials also point to heavy investments in public safety infrastructure projects, such as a massive overhaul of the city’s antiquated police radio system; a new property room and DNA testing lab to replace crumbling facilities; and new police squad cars to upgrade an aging fleet.

Juvenile offenders get a shot at rehabilitation in Mental Health Court

11:34 PM CDT on Tuesday, June 2, 2009

By Jeff McShan / 11 News /KHOU.com

HOUSTON—Crimes committed by juveniles in Texas have steadily decreased since the late 90s, but the news is not all good.

Violence and drug offenses by Texas youth are up nearly 20 percent, and many juvenile detention centers are full.

Why some young people commit serious crimes is a complex issue. There’s certainly no shortage of research. Studies have blamed everything from single-parent homes to poverty to gang activity.

But veteran Harris County Judge John Phillips believes, more often than not, the common denominator for young offenders in his court is mental illness.

Phillips pushed and eventually convinced Harris County Commissioners to provide him with funding for a pilot program called the Juvenile Mental Health Court.

It all happens around a conference table in the middle of a Houston courtroom.

At the table, you’ll find a judge, a prosecutor and a probation officer. But unlike other courts, you’ll also find a psychologist and counselors from outside therapeutic organizations, like Systems of Hope.

To participate in this program, a parent of the young offender must attend and be involved.

“I just want to make sure that if there’s something we can do to ease the pressure or if you have some other ideas about it, if you have some other family that can help out at some point some way, let’s talk about it,” Phillips said.

Mental Health Court focuses on rehabilitation over punishment.

If chosen to participate, the parent and child must meet with the judge and discuss their progress – or lack thereof – every two weeks.

“And our program is pretty intense. Sometimes these therapists are working with families two to three to four times a week,” Phillips said.

Approximately 50 percent of all youth in the Harris County Detention Center suffer from symptoms of mental illness.

“Deciding which kid gets into the mental health program is tough,” Phillips said.

But the judge believes that if the kids don’t get help, he’ll keep seeing them in court, over and over again.

“We are going to go back and see if we can get more mental health professionals on the team, to see if we can expand it,” Phillips said.

Devante Richardson is one of the young people in Juvenile Mental Health Court.

His mother allowed 11 News to photograph him and use his name.

Devante has been diagnosed with bipolar disorder and ADD. Through the help of the court, Devante is now consistently taking his meds and, overall, doing extremely well.

“I have been taking my medicine all the time,” Devante said. “I worked hard to try and reduce my tardies.”

Devante said his mom used to cry all the time, but not anymore.

Lorene Richardson, said she’s glad her son was allowed to participate in the program.

“I would love to see it continue, because it helps a lot of kids with mental problems that people don’t really know about that really need help,” she said.

Crime Stoppers Takes Text Tips

Organization Also Takes Tips By Phone, Online

POSTED: Tuesday, June 2, 2009
UPDATED: 7:30 am CDT June 2, 2009

CLICK2HOUSTON.COM -- Crime Stoppers is giving people another way to help make Houston a safer place, KPRC Local 2 reported Tuesday.The organization is taking tips from cellular phone text messages.Tipsters should type TIP610 before their message and send it to CRIMES (274637).

Tips will remain anonymous and their cellular phone numbers will not be recorded. Tipsters will receive a confirmation text message with a code so they can follow up with Crime Stoppers if needed. That text will also recommend the tipster delete their tip for their own safety.

Crime Stoppers also takes tips by telephone at 713-222-TIPS on through its Web site.

No speedy trial for Houston man

Monday, June 01, 2009 | 5:49 PM

Andrea Lucia

HOUSTON (KTRK) -- For some people who want to fight a traffic ticket, it seems to be a never-ending process. You show up, your trial gets re-set, and it happens all over again. So what's going on and is it even worth it to fight a ticket, especially if you did nothing wrong?

Nick Cooper has gotten used to the waiting. He's had to do a lot of it. Monday was the fourth day in two years he's spent in municipal court just waiting for trial

"They tell you no cell phones, no talking, no reading," he said. "So you're basically just sitting there."

Cooper is accused of going the wrong way down a one-way street. He could have paid a $100 fine and gone home. But he says he has pictures to show there weren't any visible road signs.

In two years, though, no one's even looked at those pictures. Instead, every time he's in court, trial gets re-scheduled.

"My sense of justice just keeps bringing me back," said Cooper.

The docket today shows cases going back to 2006 and attorneys there warn waiting for trial often costs their clients more in lost time at work than a guilty plea.

"This courthouse is probably the angriest building in the city," said attorney Paul Kubosh.

Nelly Trevino-Santos with the Houston Municipal Courts blames the volume of cases for straining the system. Last year, the courts handled more than 1.2 million cases. More than 700 went to a jury.

"Unfortunately, yes, it is going to take long," said Trevino-Santos. "If we had the facilities, if we had 20 jury trial courtrooms, I'm sure we would get to them quicker."

Right now, the courts have just seven jury rooms with plans to hopefully open new ones, though not anytime soon.

Cooper won't have to wait for that. Monday was finally his day in trial. But after all that waiting, Cooper was found guilty and had to pay a $100 fine. We asked him if it was all worth it and he responded, "Absolutely." But he also admitted he's stubborn.

287(g)

Posted by Tom Abrahams (abc13.com) on May 24, 2009

Do you know what the federal 287(g) program is and why it's getting a lot of attention in Houston?

The program is (as described by the ICE website):

Section 287(g) of the Immigration and Nationality Act

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.

The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE allows these local and state officers: necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and increased resources and support in more remote geographical locations.

Local law enforcement agencies must apply to become a part of this program. And there are two aspects to it.

The first gives jailers the ability to better identify criminal aliens through federal databases. the second allows officers/deputies on the streets to ask about immigration status.

Harris County has used the program in its jail since September 2008 and Sheriff Adrian Garcia tells me that they've identified 1200 criminal illegals and notified ICE about their incarceration.

The City of Houston has applied for the same part of the program for use in its jail. It is awaiting approval.

But the head of the Houston Police Officers Union, Gary Blankenship, would like to see the program utilized fully.

That's not sitting well with a local immigrants' rights group who doesn't like the idea of 287(g) at all.

Man skips jury duty, jailed for 83 days

McKINNEY, TX -AP- A Texas man arrested 12 weeks ago for allegedly failing to appear for jury duty was released from jail Saturday after spending 83 days behind bars, according to online court records.

A newspaper inquiry led to the Saturday release of 34-year-old Douglas Maupin, a day after The Dallas Morning News brought his plight to the attention of a Collin County judge.

Maupin was arrested Feb. 15 after police pulled him over for speeding. Police detained him on a 2003 warrant for failure to appear for jury duty. He could not pay his $1,500 bond and said his attempt to get a public defender was rebuffed by a jail clerk.

The judge who released him called Maupin's lengthy detention unacceptable and said he didn't know why the man remained behind bars for so long.

"He should not have spent that much time. This is unacceptable," District Judge Chris Oldner told The Dallas Morning News. "I don't know why the process failed to notify us."

The judge who signed the original 2003 warrant has retired. The case was assigned to the court of the judge who replaced him, but the offense didn't fall under that court's responsibility, officials said.

Oldner said that, as the Collin County administrative judge, the case was his. But Oldner said he was unaware Maupin was in the detention facility until Friday. Oldner added that Maupin should have been allowed to apply for a public defender.

"I'm disappointed this has happened. I am going to investigate," Oldner said.

Maupin is a masonry contractor, and said in a jailhouse interview that he didn't have the money for bail and that his friends and family couldn't afford to help him.

Besides the jury duty warrant, Maupin also had seven charges on his record for failing to pay tolls with fines totaling $2,236. Five of those cases were dropped by the court in March, and the remaining two were dropped for time served in April.

Maupin also had two outstanding warrants for a speeding ticket and driving with no insurance in Arlington, but a police spokesman told the newspaper that a municipal judge has agreed to drop the charges and allow him to be released on time served.

Maupin wrote a letter to the newspaper about his lengthy jail stay, prompting the media inquiry.

"I understand I am partially responsible, but I just want my day in court," he said during a jailhouse interview. "I do know I have the right to due process and a speedy trial. I've had neither. It's not right."

Are innocent people behind bars?

By Tom Abrahams

HOUSTON (KTRK) -- Are innocent men and women in prison for crimes they did not commit? One man was released last week after evidence in his case turned out to be wrong. The man who helped him said there are more people behind bars in the same boat.

New testing is revealing new light on dozens of cases where the Houston Police Department crime lab made errors in criminal cases.

For the last year and a half, a small team led by a local attorney has spent countless hours poring through old evidence in dozens and dozens of serious crimes. The cases were closed and the suspects convicted, but because of doubts about the HPD crime lab's work for the better part of two decades, some of the men and women put behind bars years ago are getting a second chance to prove their innocence.

On the 20th floor of the criminal courthouse in a small office, you find name after name lining the walls. Next to the names are crimes.

"All of the cases are serious cases. Murders, sexual assaults, that sort of thing," said attorney Bob Wicoff.

To Wicoff, every one of these names has meaning and every one of them is a case where the HPD crime lab made a mistake.

"We have cases where it looks like crime lab employees actually changed the results of their testing to fit who they thought was the guy," said Wicoff.

All 160 of the cases were referred to Wicoff and another lawyer by Michael Bromwich, whose investigation into the crime lab's faulty work found so many problems which all involve serology.

"Serology is basically body fluids. Blood, semen, saliva," said Wicoff.

It was the work done in this office that freed Gary Richard just last week.

"Gary Richard is very satisfying," said Wicoff.

Richard went to prison for a crime Wicoff found he could not have committed based on new scientific testing. He spent 22 years behind bars.

"It's a blessing," said Richard.

Wicoff said Richard is the exception and that most of these names and cases are ultimately unaffected by whatever errors the crime lab made. However, there are still more where Wicoff suspects innocence but evidence no longer exists.

"There must be incredible frustration and heartbreak for guys who are sitting in prison, who i have sat with in prison, who have a really strong claim but we can't prove it," said Wicoff.

Yet, still he works, trying to find the truth about the names that line the walls.

Wicoff said he hopes to finish the preliminary work on all 160 cases by the end of the year. Then he expects to post his findings for all of the cases online. There could be as many as a half dozen convicts who see new trials.

Harris County District Attorney Pat Lykos has taken steps to make sure evidence is handled properly when it gets to the HPD crime lab. In March, Lykos started requiring DNA tests in all cases where it's available. The change was made after an innocent man's DNA wasn't screened before he spent more than five years in prison.

Deputy fired over official oppression

By Christine Dobbyn

HOUSTON (KTRK) -- Eyewitness News has learned a Harris County Sheriff's Deputy is out of a job, fired for abusing his authority. It all had to do with $17 his wife said was stolen from her vehicle at a car wash.

A Lieutenant is accused of shutting down a car wash in Humble for about an hour. His attorney told us they are filing an appeal to try and get his job back.

The Internal Affairs investigation began last July after allegations that Lt. Louis Guthrie with the Harris County Sheriff's Office stepped over the line.

KTRK Legal Analyst Joel Androphy analyzed the case and said, "It's not the uniform always, it's the badge and saying who you are."

Sheriff's deputies said Guthrie's wife called and claimed about $17 was stolen from her car at an Humble car wash. Guthrie allegedly arrived, shut the car wash down, and even called for backup.

"In this situation, he used the power of the sheriff's department to bully somebody and that is not acceptable conduct," said Androphy.

This week, the Harris County Sheriff's Department fired him for official oppression.

"I'm sure, looking in hindsight, if he had the whole thing to do over again, he'd probably do it differently," said Guthrie's attorney, Earl Musick.

Musick, a former police officer, said they are appealing Guthrie's termination. He said the administrative punishment is excessive.

Apparently, Guthrie's wife has to make frequent trips to the medical center.

"She keeps the money in there to pay for parking as she goes in and out of the medical center. So she was very, very upset and I'm sure that played a part in Lt. Guthrie's reaction," said Musick.

Guthrie has had previous letter of reprimand in his personnel file from 1995 to 2006. Musick said those may or may not have been a part of this decision, but he believes the punishment is too much for the 17-year veteran.

"If he did in fact make a mistake, is that mistake worth ending his career as a peace officer?" said Musick.

Others argue after 17 years, Guthrie should have known better.

"You can't use the sheriff's department for your own personal issues," said Androphy.

Guthrie and his attorney are now waiting for a date for an appeal hearing to be set.