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TABC report finds 19 policy violations by agents, supervisor in Rainbow Lounge raid
August 6th, 2009Two agents and a sergeant from the Texas Alcoholic Beverage Commission committed a total of 19 policy violations related to a raid on the Rainbow Lounge in Fort Worth, according to an internal affairs investigation report released by the agency Thursday morning.
Agent Christopher Aller committed eight violations, Agent trainee Jason Chapman committed seven violations, and Sgt. Terry Parsons committed four violations, the report says.
Violations committed by the two agents include participating in a joint operation with Fort Worth police without approval from a supervisor; failing to submit a complaint card against the Rainbow Lounge; conducting bar inspections in unapproved attire; failing to follow bar inspection procedures; failing to report the use of force and injuries involving Chad Gibson, a Rainbow Lounge patron who sustained serious head injuries; and disrupting business during a bar inspection.
The violations committed by Parsons, who was not at the scene of the raid and has since reportedly retired form the agency, involve failing to take appropriate action against Aller and Chapman; failing to ensure Aller and Chapman filed the necessary reports; and failing to notify the sergeant’s supervisors of the raid.
Disciplinary action against the three TABC employees is pending, because they have a right to file a written response to the report within five working days.
TABC is also conducting a second, separate investigation into use of force by the agents that has not been completed. The second report will take into account statements by TABC employees, Fort Worth police officers, other eyewitnesses and expert witnesses. Because of the complexity of the case, the report will take longer to complete, the agency said. After the jump is the full press release from TABC. Read the full investigative report from TABC by going here.
For a full story about the report, see Friday’s Dallas Voice.
First Rainbow Lounge Investigation Report Complete
On June 28, 2009, between approximately midnight and 2am, Texas Alcoholic Beverage Commission (TABC) agents and officers from the Fort Worth Police Department arrested several individuals for public intoxication at three TABC-licensed locations in Fort Worth: The Rosedale Saloon located at 150 W. Rosedale, Cowboy Palace located at 160 W. Rosedale, and the Rainbow Lounge located at 651 S. Jennings.
On July 1, 2009, TABC Administrator announced that he had initiated an internal affairs investigation to review the agents’ actions and to establish the facts surrounding an injury sustained by Chad Gibson, a patron at the Rainbow Lounge.
On July 31, TABC Captain Andy Pena submitted an investigation report addressing whether employees followed TABC policies and procedures in the following events:
1. Red Bull X-Fighter Freestyle Motorcross event on June 27, 2009
2. Bar inspections with the Fort Worth Police Department at the Rosedale Saloon, Cowboy Palace, and the Rainbow Lounge from June 25 through June 28, 2009
Based on statements by TABC employees and the Fort Worth Police Department incident reports, the investigator found evidence to support the allegations that the following three TABC employees violated various agency policies. See below for summary of the findings.
· Agent Christopher Aller, employed by TABC on April 4, 2004
· Agent Trainee Jason Chapman, employed by TABC on April 1, 2009
· Sergeant Terry Parsons, employed by TABC on September 1, 1989
Disciplinary Actions Are Pending
Prior to any decision involving a disciplinary action, TABC employees must be given a copy of the completed investigation. Each employee has the right to provide a written response within five working days. Once a disciplinary action decision has been made and the employee is notified, he may submit a written grievance within 10 working days. Extensions to these deadlines may be granted upon request.
Use of Force Findings are Pending
A separate investigation report will address the issue of the agents’ use of force at the Rainbow Lounge. That report will take into account statements by TABC employees, Fort Worth police officers, other eye witnesses, and expert witnesses. Because of the complexity of the case, that report will take longer to complete.
TABC Internal Affairs Investigation Results
Agent Christopher Aller
It was alleged that Agent Christopher Aller:
(1) Participated in a joint operation (bar inspections) with the Fort Worth Police Department on 06-28-09 without approval
(2) Failed to submit a complaint card against the Rainbow Lounge for investigation of possible lewd conduct and sale to intoxicated persons on 06-25-09
(3) Failed to follow instructions on Operational Plan of Red Bull X-Fighters Freestyle Motocross special event on 06-27-09 (left prior to end of assigned shift without approval)
(4) Conducted pre-arranged bar inspections at the Rosedale Saloon, Cowboy Palace, and the Rainbow Lounge on 06-28-09 in unapproved attire (special event uniform)
(5) Failed to follow bar inspection procedures on 06-28-09 at locations listed under allegation #4
(6) Failed to report use of force incident involving arrest of Chad Gibson during bar inspection at Rainbow Lounge on 06-28-09
(7) Failed to report injury of person (Chad Gibson) arrested during bar inspection at Rainbow Lounge on 06-28-09
(8) Disruption of business during bar inspection of Rainbow Lounge on 06-28-09
If true, the above conduct would violate:
(1) LE 1.05 Procedures: Joint Operations (b)
(2) LE 1.01 Procedures (a) 1, 2
(3) HR 3.02 Procedures (e) 2
(4) HR 3.02 Procedures (h) 1 (c)
(5) LE 1.02 Procedures (a) 1-4, (b) 1-3, (c) 1-2
(6) LE 4.00 Procedures (b) 1-2, (d)
(7) LE 1.06 Policy, Procedures (a) 1
(8) HR 3.02 Procedures (f) 3
There was evidence to support a sustained classification on all counts.
Agent Trainee Jason Chapman
It was alleged that Agent-Trainee Jason Chapman:
(1) Participated in a joint operation (bar inspections) with the Fort Worth Police Department on 06-28-09 without approval
(2) Failed to follow instructions on the Operational Plan of the Red Bull X-Fighters Freestyle Motocross special event on 06-27-09 (left prior to end of shift without approval)
(3) Conducted bar inspections at the Rosedale Saloon, Cowboy Palace, and the Rainbow Lounge on 06-28-09 in unapproved attire (special event uniform)
(4) Failed to follow bar inspection procedures on 06-28-09 at locations listed under allegation #3
(5) Failed to report use of force incidents involving arrests of George Armstrong and Chad Gibson during bar inspection at Rainbow Lounge on 06-28-09
(6) Failed to report injury of person (Chad Gibson) in custody during bar inspection at Rainbow Lounge on 06-28-09
(7) Disruption of business during bar inspection at Rainbow Lounge on 06-28-09
If true, the above conduct would violate:
(1) LE 1.05 Procedures: Joint Operations (b)
(2) HR 3.02 Procedures (e) 2
(3) HR 3.02 Procedures (h) 1 (c)
(4) LE 1.02 Procedures (a) 1-4, (b) 1-3, (c) 1-2
(5) LE 4.00 Procedures (b) 1-2, (d)
(6) LE 1.06 Policy, Procedures (a) 1
(7) HR 3.02 Procedures (f) 3
There was evidence to support a sustained classification on all counts
Sergeant Terry Parsons
It was alleged that Sergeant Terry Parsons:
(1) Failed to take appropriate action on 06-28-09 after learning Agents Christopher Aller and Jason Chapman participated in a joint operation (bar inspections) in unapproved attire (special event uniform)
(2) Failed to notify supervisors of notification by Agent Christopher Aller of multiple arrests at limited locations on 06-28-09 during a bar inspection operation with the Fort Worth Police Department
(3) Failed to ensure a force report was submitted by Agents Christopher Aller and Jason Chapman regarding their involvement in arrests during bar inspections with the Fort Worth Police Department on 06-28-09
(4) Failed to review the Field Training Officer weekly progress reports of Agent-Trainee Jason Chapman for the first five (5) weeks of Phase 2 (May 27—July 3, 2009)
If true, the above conduct would violate:
(1) LE 1.00 Roles/Responsibilities (e) 1-8
(2) LE 1.06 Procedures (b) 2
(3) LE 4.00 Procedures (e)
(4) LE 9.00 Roles/Responsibilities (b) 1-5
There was evidence to support a sustained classification on all counts.
August 6th, 2009 at 10:39 am
The findings of this report make me curious as to whether the people who so fiercely argued that the Rainbow Lounge incident was not actually a raid are ready to concede that point yet?
August 6th, 2009 at 11:45 am
These guys or anyone who spoke or supported the homophobically-stubborn stance of the “gropes” or “the gays provoked our actions” attitude will never admit they were wrong or misspoke.
But this report pretty much says that they all lied and must be held accountable. So we have that on our side.
What’s next? Their punishment. Let’s hope it fits the crime.
August 6th, 2009 at 12:58 pm
Glad an honest report came out. Will be glad to see the AG’s report commenting on Chief Halstead’s and his officers homophobic remarks about being groped. This report will help in the civil lawsuits that will follow, and they deserve what the get.
August 6th, 2009 at 1:27 pm
It’s progress, however it’s still not making this situation go away anytime soon. I’m eager to hear what Chief Halstead has to say in Fort Worth. They have been quiet for a while now… tick tock… tick tock….
August 6th, 2009 at 1:35 pm
[...] supervisor committed a total of 19 policy violations during that raid. The Dallas Voice has the details: Violations committed by the two agents include participating in a joint operation with Fort Worth [...]
August 6th, 2009 at 4:19 pm
@ KRIS Martin-
I Emailed John Wright a couple of days ago about two memos being withheld from the OPR release.
A couple of weeks ago the General Counsel for the TABC requested an opinion from the TX AGs Office about whether these two memos were subject to public disclosure or were exempt as privileged communication. The memos were described as written “outlining the events of the evening in question.”
A couple of days ago the TX AGs Office said the memos were covered under the Public Information Act. Now this report is released obviously without them.
Whereas it’s likely the memos will appear if there is civil litigation , I(’d bet that’s why they were withheld), can someone at the Voice look into it further?
August 6th, 2009 at 9:14 pm
I hope everybody involved brings a lawsuit against the TABC and The Fort Worth Police Department, lets all hope the individuals with both orginizations will be tried as criminals as well.
This matter is far from over.
I dont think they will release the memos, because this matter is sure to bring civil litigation.
August 7th, 2009 at 8:42 am
After reading the TABC report there are several points that should be brought up, but one for sure is Chad’s injury. Aller & Chapman both state they observed no injury inside the bar, but after Chad fell outside noticed a “goose egg” on Chad’s forehead. Well anyone that knows anything about head injuries, the body’s response time is about 10 to 15 minutes to produce this kind of swelling. Using the reports own time frame would suggest that the head injury did in fact occur inside the bar as wittnesses have stated. Since it takes a little bit of time for symptoms of serious head injuries to develope, (swelling, vomitting, slured speech, dizziness, etc.) you’re suppose to keep a close watch on the individual for some time. I’m incline to go with witnesses account of his head being slamed into the concrete step at the bathroom. Also, I believe the injury was at the upper part of the forehead so I don’t see how a fall in the parking lot could reach that point, but the step at the bathroom would.
August 7th, 2009 at 10:54 am
THANK YOU DALLAS VOICE FOR BEING SO INFORMATIVE.
August 7th, 2009 at 11:47 am
Lawsuit for what, exactly? The TABC release outlines policy issues, not criminal ones. The US Attorney’s Office told the FW City Council to go fly a kite, citing the fact that they have no reason to investigate and no jurisdiction to review. The FBI has said, several times now, that no evidence or credible statements have been brought forward to substantiate an investigation into civil rights violations. Oh, wait. You’re still going to allege excessive force. I’m intrigued as to what the TABC and FW reports will say about that, because it’s already been floating around – and I’ve heard that a few reporters are trying to confirm – that outside experts (as in not affiliated with either police department) have found no credibly evidence that the use of force involved was excessive. So if – and I hope when – that comes out, what are you going to complain on next? I’m laughing as I picture someone trotting a lawsuit up the courthouse steps alleging infringement of rights because some cop was wearing the wrong shirt.
And Billy, riddle me this. Some witnesses say Chad’s head was slammed to the floor on the concrete by the bathroom inside the bar. Other witnesses say he was slammed to the ground outside the bar in the parking lot. Still others yet say he was slammed against the wall, causing his head injury. How do you reconcile that?
August 7th, 2009 at 3:18 pm
PPS,
Agent Aller stated he took Gibson’s right hand and led him up against the wall (one has to laugh at this mild discription) several witnesses saw Aller slam him against the wall. Aller then states Chapman & Jenson came to assist and he was taken to the ground, Witnesses state he was slammed to the floor & his head hit the step. As for being slammed to the ground outside, no one has said that… you must have made it up.
As for lawsuits, the TABC, FWPD & FBI will most likely not get any statements or evidence outside their own people at this time because any good trial lawyer will withhold that information until they file papers in court. In addition, lawsuits do not have to be criminal, only cival, i.e., the TABC resports states that agents failed to report use of force which makes them liable for Gibson’s care, ergo negligence. If later deemed excessive force, criminal.
Finally, as far as things floating around, the State Attorney’s Office is simply not going to give a rubber stamp of approval on internal investigations. They don’t like the idea of law inforcement personel going balistic and will wait until all information is in, then if any Federal laws have been broken will file their own indictments.
August 7th, 2009 at 8:48 pm
Pro Police is missing his Birther and Teabag Meeting.