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Chief G.M. Cox terminated Corsicana Police Officers, Sgt. Lamoin Lawhon, a 30 plus year veteran, and Justin Williams, who had only been with the force about three years, on Monday morning. Cox, during a telephone interview, cited several reasons the officers were relieved of their duties. According to Cox, in an incident that occurred on Friday, May 17, 2008, at approximately 3:25 a.m., Williams violated the department’s pursuit policy as well as failure to utilize the patrol car’s video system during the pursuit, and using his ASP baton as an offensive weapon instead of a defensive weapon. Cox said the department’s policy is that the baton is to be utilized only as a defensive weapon and only then after all other reasonable means have failed. He also indicated that Williams falsified his report as to where he struck the suspect during the foot pursuit.
After an Internal Affairs investigation was conducted by Assistant Chief Ladena Baggett, Cox concluded that there was clear and convincing evidence to show that Williams could have utilized a lower lesser level of force, which indicated an unauthorized use of force. According to his statement, Williams exited his vehicle in pursuit of the suspect. His baton accidentally extended while it was still holstered, and this action caused him to slow down. He indicated that he took the baton out of the holster in order to better pursue the suspect. Williams identified himself as a police officer during the pursuit, and told the individual to stop, however, the suspect continued to run. Williams acknowledged that he had struck the suspect in the shoulder area. This did not appear to slow down the suspect as the pursuit continued. The suspect was eventually stopped after he lost his balance and fell down, at which time he began to kick with his legs. Williams added that he struck the individual at least twice in the leg area because he was using them in a kicking manner, and he (Williams) was trying to gain compliance. According to the report, the suspect’s wife reported to dispatcher Tina Everett that her husband heard one of the officer’s say, “Don’t you think he has had enough?” During the investigation, Officer Daniel Putman rebutted the second hand report, stating that no one had to tell Williams to stop (hitting). “He hit him twice and then stopped to assess the situation and did not strike him anymore.” The suspect was read his rights and taken to the Navarro County Jail. According to NCSO Jailer Chris Asbill, she asked the suspect if he required medical attention. He indicated to her that he did not, and that he understood the paper that he was signing showing that he refused medical attention. The suspect was arraigned in Justice of the Peace, Pct. 1, Vicki Gray’s courtroom, and placed under a $2,500 bond. He was later released that same day after posting bail. The suspect has since hired an attorney concerning injuries he claimed to have received from the pursuit. According to the investigation report, it was found that other officers also violated policy, including Putman, and Kenneth Darby for violating the Mobile Video/Audio Taping policy, and the departments Pursuit Policy. Sgt. Lawhon, who was the shift supervisor that morning, violated the pursuit policy when he failed to disregard Officer Darby as an unnecessary third unit. He also failed to inquire why Officer Williams had initiated the pursuit; He also failed to properly supervise by not assuring that the after action reports were submitted by Putman and Darby. Another officer, Jeran Garner, who is in training, was also noted to be on the scene as well. Officer Dan McAninch, who just finished his dinner break, arrived on scene to offer any assistance. McAninch said he spoke with the suspect, briefly. “He said something about being stupid, and was not making any complaints to me of being injured,” McAninch stated, in his comments, “nor did he act like he was injured. He made no comment about anybody beating him up.” Lawhon and Williams were also involved in a Family Violence dispute call at Lake Halbert on May 18, 2008, in which a female received a broken finger and concussion due to a scuffle with another female relative. Both officers were cited for departmental violations related to the incident. Lawhon received the brunt of violations from the call due to the way it was handled. The 50 plus page report on both officers, which included a dispatch tape from the pursuit, were obtained by the Navarro County Times on Wednesday, July 16, 2008, after filing a Freedom of Information form at the Corsicana Police Department. Cox said he feels the officers will file for arbitration. “We’ll certainly present our side of the case,” he said, “and I’m sure they’ll have a rebuttle.” Lawhon and Williams were reached via telephone to find out what their plans were concerning the terminations. The pair indicated that they had been informed by their lawyers not to discuss the case at this point, and referred the Navarro County Times to contact the law firm of Lyon, Gorsky, Haring, and Gilbert. Bob Gorsky gave the newspaper a short press release concerning the present situation, and the reports that were released by CPD. “It’s definitely surprising that this information has been released,” Gorsky said. “I think the police chief may have overstepped the line,” indicating that until the appeals process was completed the officers had a right to have the details of their termination kept confidential. “We are going to appeal and we are going to win, and these officers will be returning to their jobs. We have plenty of precedent and I feel like we will be successful.” Lawhon and Williams have a right to appeal to the Civil Service Commission in Corsicana, which can be heard by a commission board or a third party independent arbitrator (someone not affiliated with the city but may be from Navarro County). Each side will present seven names of hearing examiners, and each side has three strikes and will weed the list down to one they both agree on. The process will probably take several months, and the officers will be off salary for the entire time. |