City drops charges stemming from Rainbow Lounge raid in July 2009

Man who suffered brain injury in raid had been facing public intoxication, misdemeanor assault charges

Tammye Nash  |  Senior Editor nash@dallasvoice.com

FORT WORTH — The Fort Worth City Attorney’s office announced last week that it had dropped all charges against Chad Gibson and other individuals arrested in the June 28, 2009 raid on the Rainbow Lounge.

Gibson was hospitalized for a head injury he incurred during the raid, although questions remain about whether Gibson was injured when an agent with the Texas Alcoholic Beverage Commission slammed him against a wall in the club and then threw him to the floor, or when Gibson fell on the sidewalk outside while he was handcuffed.

Gibson was charged with misdemeanor public intoxication and misdemeanor assault on a law enforcement officer after TABC Agent Chris Aller said Gibson groped him while he was attempting to arrest Gibson.

However, Aller and the second TABC agent involved in the raid, as well as their supervising sergeant, were fired after TABC officials conducted an internal investigation and determined that the agents should not have raided the bar in the first place.

An internal investigation conducted by the Fort Worth Police Department also indicated that FWPD officers involved in the raid had violated procedures, and three officers were suspended for a total of five days as a result.

A second Rainbow Lounge patron, George Armstrong, said he suffered severe bruising and a muscle strain when police arrested him. He was charged with misdemeanor public intoxication.

Adam Seidel, attorney for both Gibson and Armstrong, said he had received a notice from the court in the first part of last week that Gibson’s case had been set for jury trial on Dec. 7. Shortly afterward, however, he was notified by the court clerk that the charges had been dismissed.

“I am glad they did the right thing and dropped their charges against these two victims. It shows a commitment to move forward,” Seidel said.

City officials issued a statement Friday afternoon, Nov. 19, saying that Class C misdemeanor charges stemming from the Rainbow Lounge raid against Dylan Brown and Jose Macias, as well as Gibson and Armstrong, had been dropped, but declined to comment further.

According to the statement, the charges that have been dismissed were public intoxication charges against Jose A. Macias, Dylan T. Brown, Armstrong and Gibson. A charge of assault by contact against Gibson was also dropped.

Gibson suffered bleeding in his brain and is still receiving treatment for his injuries, according to Tom Anable, president of Fairness Fort Worth.

FFW was formed in the wake of the raid initially to help witnesses give testimony for both FWPD’s and TABC’s internal investigations. The organization has since become more formally organized and has been directly involved in negotiations with city officials that played a role in the vote to add protections for transgenders to the city’s nondiscrimination policy and in the recent vote to offer partner benefits to the city’s LGBT employees.

Anable said Thursday, Nov. 18, that Fairness Fort Worth is pleased with the city’s decision to drop the charges against Gibson and Armstrong.

“I think they finally just realized that the facts of the case didn’t support the charges,” Anable said. “I think this is a real positive step forward. It’s a show of good faith as we continue to resolve the issues related to the incident at the Rainbow Lounge.”

This article appeared in the Dallas Voice print edition November 26, 2010.

—  Michael Stephens

BREAKING: Fort Worth city attorney drops charges against Rainbow Lounge patrons

This photo, taken by Chuck Potter inside Rainbow Lounge on June 28, 2009, is believed to show TABC agents arresting Chad Gibson

A spokesman in the office of Fort Worth Mayor Mike Moncrief has just confirmed reports we received earlier this morning that the city attorney’s office has dropped all charges against Chad Gibson and George Armstrong in connection with the June 28, 2009 raid on the Rainbow Lounge.

The spokesman said the city would release a statement later this afternoon, so watch Instant Tea for updates.

Gibson was hospitalized for a head injury he incurred during the raid, although questions remain about whether Gibson was injured when an agent with the Texas Alcoholic Beverage Commission slammed him against a wall in the club and then threw him to the floor, or when Gibson fell on the sidewalk outside while he was handcuffed.

Armstrong, who said he suffered severe bruising and a muscle strain when police arrested him, was charged with misdemeanor public intoxication.

Gibson was charged with misdemeanor public intoxication and misdemeanor assault on a law enforcement officer after TABC Agent Chris Aller said Gibson groped him while he was attempting to arrest Gibson. However, Aller and the second TABC agent involved in the raid, as well as their supervising sergeant, were fired after TABC officials conducted an internal investigation and determined that the agents should not have raided the bar in the first place.

An internal investigation conducted by the Fort Worth Police Department also indicated that FWPD officers involved in the raid had violated procedures, and three officers were suspended for a total of five days as a result.

Adam Seidel, attorney for both Gibson and Armstrong, said he had received a notice from the court earlier this week that Gibson’s case had been set for jury trial on Dec. 7. Shortly afterward, however, he was notified by the court clerk that the charges had been dismissed.

“I am glad they did the right thing and dropped their charges against these two victims. It shows a commitment to move forward,” Seidel said.

Gibson suffered bleeding in his brain and is still receiving treatment for his injuries, according to Tom Anable, president of Fairness Fort Worth.

FFW was formed in the wake of the raid initially to help witnesses give testimony for both FWPD’s and TABC’s internal investigations. The organization has since become more formally organized and has been directly involved in negotiations with city officials that played a role in the vote to add protections for transgenders to the city’s nondiscrimination policy and in the recent vote to offer partner benefits to the city’s LGBT employees.

Anable said Thursday that Fairness Fort Worth is pleased with the city’s decision to drop the charges against Gibson and Armstrong.

“I think they finally just realized that the facts of the case didn’t support the charges,” Anable said. “I think this is a real positive step forward. It’s a show of good faith as we continue to resolve the issues related to the incident at the Rainbow Lounge.”

—  admin