Two Dallas police officers reinstated after being cleared in assault case
08.20.09
By TANYA EISERER / The Dallas Morning News
Two Dallas police officers were returned to regular duty Tuesday after a Dallas County grand jury cleared them late last week of any criminal wrongdoing in an incident where they had been accused of roughing up a handcuffed man at the city's drunk tank.
Prosecutors had sought to have Officers Christian Mendoza and Henry Silvestriz indicted on charges of official oppression, a Class A misdemeanor. An internal investigation into the incident continues.
"Mendoza is relieved and happy to be back at work," said John Haring, his attorney. Mendoza and Silvestriz were placed on administrative leave after a surveillance camera captured video of the May 26 incident involving Willie "Tex" McCree, a convicted felon.
Surveillance video from the detox center shows the two officers placing their weapons into the back of their squad car as they prepare to take McCree into the detox center. The video then shows one officer identified as Silvestriz pulling McCree by the handcuffs and shoving him to the ground in the parking lot. As they enter the detox center, Mendoza looks up several times as if looking for a surveillance camera. He then elbows McCree as Silvestriz escorts him through the door, the video shows.
In both cases, it is not clearly evident from the video what the prisoner may have done to provoke the use of force. The video does not have sound, so it is unclear what is being said between the officers and McCree.
The staff at the city's detox center, run by city marshals, reported the incident to Dallas police, authorities said. In a police report filed by Mendoza, he wrote that McCree told Silvestriz that he was going to kill him when he got out of jail. McCree "kept turning around" as they walked into the detox center, prompting Silvestriz to put pressure on the handcuffs and force McCree to the ground. McCree became "more agitated," so Mendoza tried to perform a "body strike with his right forearm" on McCree's shoulder, but because he was struggling so much, the blow landed on McCree's face and injured his tongue, the report said. McCree was taken to a hospital, the report said.
Dan Montalvo, the attorney for the Latino Peace Officers Association who is representing Silvestriz, said, "When presented with all the facts, the grand jury proved that my client clearly acted within the law and has acted in accordance with his training."
Both officers were hired in 2007 and are assigned to the city's northwest patrol station.
Two Dallas police officers were returned to regular duty Tuesday after a Dallas County grand jury cleared them late last week of any criminal wrongdoing in an incident where they had been accused of roughing up a handcuffed man at the city's drunk tank.
Prosecutors had sought to have Officers Christian Mendoza and Henry Silvestriz indicted on charges of official oppression, a Class A misdemeanor. An internal investigation into the incident continues.
"Mendoza is relieved and happy to be back at work," said John Haring, his attorney. Mendoza and Silvestriz were placed on administrative leave after a surveillance camera captured video of the May 26 incident involving Willie "Tex" McCree, a convicted felon.
Surveillance video from the detox center shows the two officers placing their weapons into the back of their squad car as they prepare to take McCree into the detox center. The video then shows one officer identified as Silvestriz pulling McCree by the handcuffs and shoving him to the ground in the parking lot. As they enter the detox center, Mendoza looks up several times as if looking for a surveillance camera. He then elbows McCree as Silvestriz escorts him through the door, the video shows.
In both cases, it is not clearly evident from the video what the prisoner may have done to provoke the use of force. The video does not have sound, so it is unclear what is being said between the officers and McCree.
The staff at the city's detox center, run by city marshals, reported the incident to Dallas police, authorities said. In a police report filed by Mendoza, he wrote that McCree told Silvestriz that he was going to kill him when he got out of jail. McCree "kept turning around" as they walked into the detox center, prompting Silvestriz to put pressure on the handcuffs and force McCree to the ground. McCree became "more agitated," so Mendoza tried to perform a "body strike with his right forearm" on McCree's shoulder, but because he was struggling so much, the blow landed on McCree's face and injured his tongue, the report said. McCree was taken to a hospital, the report said.
Dan Montalvo, the attorney for the Latino Peace Officers Association who is representing Silvestriz, said, "When presented with all the facts, the grand jury proved that my client clearly acted within the law and has acted in accordance with his training."
Both officers were hired in 2007 and are assigned to the city's northwest patrol station.
