TABC report finds 19 policy violations by agents, supervisor in Rainbow Lounge raid

Posted on 06 Aug 2009 at 9:03am

Two 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.

Comments

comments

Powered by Facebook Comments