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Dave's Arrest by My Ex's Buddy

OUR BRUSH WITH THE LAW

THE HYPOCRISY IN TODAY'S (UN)JUSTICE SYSTEM
What is wrong with today's justice system?

LIFE CAN BE CRUEL....MONEY SEEMS TO BE THE ONLY THING THAT TALKS IN THE LEGAL SYSTEM

May we introduce ourselves? Hi, my name is Tina. I am a 31-year-old Certified Court Reporter, mother of two, and first and foremost, a dedicated wife, mother and homemaker. My husband, Dave, is a 47-year-old; three-year honorably discharged U.S. Army Veteran, 23-year postal employee, which includes eight years in Postmaster positions, father of three, and grandfather of four. We both have clean records.

We have several nightmares to tell you about. Please be patient if you'd like to hear our stories. Though still fresh, we will get it to you as we can.

The following is only one of our nightmares. Actually, it was the beginning. What this county did to us a few weeks ago will really get your blood boiling. At least it does ours.

I don't think you'd believe it if you read it. Everyone we show our court order to is just shocked and amazed. Attorney after attorney tells us, "Why, they just can't do this." I'm telling you, they did it. It could only happen in small-town, look-out-for-the-home-boys-with-money kinda counties. I'm sure it happens all over the world too. These "Big Boys" get away with this time after time. Well, it's time that they learn how to properly behave.

More to come on this story very, very soon. Stay tuned!

The following story happened to us MLK day in 2002. BTW, the highway patrolman is a buddy of my ex-husbands who I remember frequented their popular eating establishment often and had the pleasure of sitting down at the "Big Round" table where "the family" sits.

Are you ready? You might want to go and grab you something to sip on. Sit back and enjoy the ride.

We were enjoying our beautiful sunny (Martin Luther King) holiday afternoon. I had just commented to Dave about what a beautiful weekend we had enjoyed. It was 3:30 in the afternoon and we were heading to Fannin County to pick up our four-year-old son Riley, from his biological father’s house. We were traveling in our mini-van and trailering our motorcycle behind us. Since we weren’t due to pick Riley up until 6:00 p.m., our plans were to go for an afternoon bike ride and visit some old friends in the area. Riley loves for us to pick him up on the motorcycle, so this had been our intention. The weather was beautiful for a January afternoon.

Just as I had made the comment to Dave, we noticed four cars up ahead driving excessively fast in order to get around a large RV. We were both concerned about them passing so close to a hilltop, and had just made mention of this. We were then directly behind the RV. Just as we were about to top the hill, a state trooper approached us. Just as we passed him, he whipped around and began to come after us. We were not speeding or driving erratically. We had no idea what he could be stopping us for.

We pulled to the side of the road and waited for the DPS officer to approach our vehicle. As the officer peered inside, he asked for Dave’s driver’s license and insurance card. The insurance card in our possession happened to be expired (1-17-02 and this was the 21st), as we had not yet placed our new card into the vehicle. The DPS officer then observed that we were only wearing our lap belts. He never specifically indicated to us exactly why we had been stopped in the first place. And we didn’t ask him any questions. We could tell that this DPS officer was a man of very few words.

Our Nissan Quest minivan has two separate seat belts for the driver and front passenger. It has a lap belt and a shoulder harness. We always opt to wear the lap belt, as the shoulder harness is uncomfortable and inconvenient. The DPS officer told us that by law, we must wear both seatbelts. We explained to him that we were not aware of this law and that we were under the impression that you only had to wear one seatbelt. Without acknowledging us, the offier then handed our insurance card back to Dave. He then informed us that Dave would be getting a citation for not wearing his seatbelt. As he said this, Dave took the insurance card and tossed it towards the glove box. The officer then stepped back toward us and informed us that Dave would also be receiving a citation for no insurance. He then took Dave’s driver’s license and went back to his patrol car.

Once the officer arrived back to our vehicle and asked Dave to sign, Dave asked him if he could make a notation on the ticket to indicate that we were indeed wearing our lap belts. The officer declined this request. Dave then said that he would not sign the citation unless it was noted that we were wearing our lap belts. The officer then demanded that my husband get out of the car. He took him to the passenger side of his patrol car, placed his hands behind his back, pulled his thumbs backwards very forcefully, handcuffed him and placed him under arrest. This scene happened so fast it was hard for me to comprehend.

It would have behooved all concerned, had the DPS Officer taken the time to explain the different scenarios that could take place in this situation. Instead he elected to be the tough, quiet, forceful sort and take advantage of every moment. It was obvious that he wanted to exert his chauvinistic authority to the fullest, and make an arrest on this date.

This arrest stemmed from the fact that my husband was not wearing his shoulder harness. The whole scenario was insane and ludicrous. Does this grown man have nothing better to do with his time, which is being afforded to him by us taxpayers? In today’s world of violence and crime, I find this fact hard to believe. We were not harming anyone. We were minding our own business. Why not exert more time going after real criminals. Isn’t that what peace officers are there for? Would not the world be a better place with a few more Andy Griffith-type cops rather than more Ray Liotta-type cops? Aren’t they supposed to be there to protect and serve? I can honestly tell you that this DPS officer did nothing but harass us. If the same scenario had occurred by someone other than a police officer, I guarantee you that they wouldn’t have gotten away with it. People aren’t supposed to be treated the way that this officer treated us. It is insane and unjust! Would this DPS officer have treated his own in this manner? Or was he being a bona-fide hypocrite?

Once my husband was securely tied up inside the patrol car for not wearing his seatbelt, the DPS officer approached my vehicle again. He asked for my driver’s license, which I handed to him. He then went back to his vehicle and ran my license number. After several minutes, he returned my license and informed me that I was free to leave. He did not tell me any information regarding my husband’s arrest. My husband and I were both treated like common criminals, when, in fact, we had done nothing – absolutely nothing – wrong. It’s pretty sad when you can’t drive down the highway, minding your own business, without breaking any laws and get harassed by some egocentric, power-maniacal cop whose only joy in life is abusing his power to make himself feel like some sort of superhero. There is no excuse for what he did to us! None whatsoever!

Not only was I left with the task of pulling a motorcycle; I had the added distress of not knowing where he was taking my husband. Fortunately, I was able to keep up with the patrol car. While following the DPS officer, I observed that he failed to use his blinker and also crossed the centerline for a substantial distance while traveling south on Hwy 121. Dave observed him fumbling with his radio trying to find a better head-banging music station. And they make cell phone use illegal. Talk about hypocrisy. My question to anyone would be, “Why does this law enforcement official not have to follow the letter of the law as we are forced to do?” What a hypocritical society we live in.

I grew up in the law enforcement world. It just so happens that both my parents were police officers. There have been many occasions where I’ve heard other law enforcement officials bragging to people about how they got out of speeding tickets by flashing their badge. This is outlandish! Personally, I do not think that these people deserve their badges. Why are they above the law?

Once I arrived at the Fannin County Justice Center a woman who worked in the front office led me to see my husband. As I was reunited with my husband, I couldn’t help but notice the horrendous indentations left on his wrists by the too-tight handcuffs, which should have never even been placed on his wrists in the first place. He had posed no threat to anyone. He isn’t a danger to society. You are talking about a man who has never even had a brush with the law. He has a spotless record. Or, should I say, “Had a spotless record?” Thanks to this DPS officer, this is no longer the case. Nevertheless, my husband is a very respectable government worker. If he were such a dangerous criminal who needed to be restrained, I would like to know why this DPS officer placed him in the front seat beside him, instead of in the back seat where dangerous criminals belong. Officer Landeros knew that Dave was not a threat to him. He placed the handcuffs on him so that he would feel more control. I watched him as he did this and there is no reason that he should have been so forceful with my husband. Why did he take his thumbs and jerk them the way that he did?

The brief time that I was reunited with my husband we requested a camera to take a picture of his wrists. Of course, this request was denied. We were told by a very young jailer, twice, that there was no camera equipment available, when in fact, there was indeed a very sophisticated photography system permanently mounted to the desk in the booking room three feet away. We were flat out lied to by these individuals who demand respect from the world. I have no respect for these caliber people and cannot honestly see how anyone does. They lie and cheat and then expect us to admire and bow down to them. I know that there are some good police officers in this world. However, the people that we dealt with on this day were not. What’s really a disgrace is that men like we dealt with overshadow the good ones. I have no faith in cops anymore. And I grew up around them! Sickening is the way these individuals walk with their chest out so proudly and untouchable. And they are!

I wasn’t allowed to stay in this room with my husband for two minutes until the jailer escorted me out of the room. I asked the jailer how I could speak with my husband, as I had no idea what was going on. He informed me that my husband would get a phone call, which did me no good considering the fact that I had no phone in my possession and I was 90 miles away from home. When asked when my husband would be able to leave, I was told that he would have to await arraignment, which would take place the following morning. I found it outlandish that they were keeping my husband locked away behind bars due to such an insignificant cause. He hadn’t even committed a crime.

After I left, Dave told the officers that he would like to make his phone call to call his attorney. The time was now 4:30 p.m. and he wanted to call them before 5:00 p.m., as that is what time the office closes. Of course, they declined his request stating that he had to be booked first. It was very apparent that they were only dragging their feet so that he would not be able to get in touch with his attorney.

As the DPS officer and the jailer began questioning my husband, Dave was, at first, cooperative. Then the officer gave him another citation for failure to report an address change. Since it was obvious to Dave that this man was going to write him tickets for anything that he could think of, he decided to keep quiet and not give him any more information. He had been read his Miranda rights and things were being used against him. This infuriated the two of them, so they decided to aggressively search him. They then took his boots away and placed him in a very cold jail cell for the remainder of the night. They would not book him and would not allow him a phone call. Dave then asked if there was anything that he could do to get out of jail and he was told that nothing could be done and that he would not be allowed to leave until the next day.

Once I arrived to a telephone, I called the Sheriff’s Office and gave them a number where I could be reached. I pleaded with them to give Dave my number so that he could call me with his one phone call. They failed to deliver this message to him, as I feared. It was a person on the next shift who discovered the message taped under the desk. Approximately four hours after I had called the jail to inform them of my number, Dave called me back to tell me that he had just received my message. Only by the grace of the jailer on the next shift, was he allowed to make a second phone call. By the time Dave got my message he had already used his phone call to call his post office relief so that she could work for him the following day. I would like to point out that if they hadn’t finally allowed him to make this phone call, this could have delayed the mail, which is a very serious offense; a much more serious offense than not wearing a shoulder harness along with your lap belt. And what if Dave hadn’t been able to get a hold of someone to work for him the following day? Dave considered his customers needs before his own.

Honestly, I don’t think that it would have made these officers a bit of difference. All they cared to do was play their childish little games. I do not think that they realize just how serious the detriment of their little games can be. These are people’s lives they are tinkering with. It is really no wonder so many people are going nuts and suffering from depression. After our ordeal, I can honestly say that I don’t blame them. Fortunately, I could never do such harm to people, as I have a conscience. But think about all the people that do not have a conscience, or who are chemically imbalanced and taking medication. I’m sure that there are lots of people like the ones I just described that get jerked around just as we did. It’s no wonder they go ballistic! I consider myself to be a sane person and I could have easily gone ballistic on someone. I was left in a state of panic, worry, and horror.

How many people lose their jobs and/or families, or go into a deep state of depression, or those that live check to check, and who are financially ruined in defense of these insidious accusations – all because these guys want to feel a little more power by upholding law, way past its intention just so they can feed their egotistic needs and put money into their little till.

Just wait until you hear our last nightmare. This time it happened to me. These guys aren't going to stop harassing us until ... Well, who knows? We'll just have to wait and see. But when they recruit an angry, bitter judge to their ring, holy cow, it can make life really hard.

After a shift change Dave was finally booked-in by another woman. This woman informed Dave that the jailer’s intentions were to book him the next morning and not be allowed his phone call. Dave was told that the DPS officer had given orders for everyone to, “Run him through the full gamut.” She also said that Officer Landeros had not done his job completely and thoroughly and that she had to finish his paperwork for him with the help of another officer.

My husband spent 15 hours of his life locked away in a cold, dreary jail cell. When I arrived at the jail the following morning to post his bail, I observed that he had slept on a concrete floor with nothing but a dirty blanket. He had no cot and no pillow, but still had the indentation on his wrists that were caused by the too-tight handcuffs. He hadn’t eaten or slept since he had been there. He also wears contact lenses and he wasn’t even given any contact solution. He isn’t supposed to sleep in his contact lenses. This could harm his eyes. Convicted felons are treated better than he was treated. There are so many thieves, rapists and murderers who suffer far less repercussions than a man guilty of only wearing one of his seatbelts. It is people like this DPS officer who give law enforcement a bad name. I now have no faith in the justice system. I always thought that it was designed to protect us and keep us safe. In the blink of an eye it ripped my husband away from me. How can this be allowed to happen? How is it possible? This was the first and only night we have spent apart since being married.

In less than a week we told our story to many, many people and I cannot believe how many of these people have their own similar stories to tell. Hearing these stories over and over makes me outraged. It isn’t right; it isn’t fair. They have the audacity to call it the “justice system.” What a joke! How many of these law enforcers break the law every day? I know in my heart that at least 90% of them do. How many of them go to restaurants and have an alcoholic beverage with their dinner? However, if one of “us” do the same thing and they happen to stop us for something afterwards, albeit no seatbelt or such, more than likely we will be hauled to jail for driving under the influence. What a lopsided world we live in. (How many, in their patrol cars, and/or at home, sleep through most of their shifts? I know that some of them do.)

Keep in mind that absolutely no one drives without breaking a law or two. The laws are made to keep us safe; not to harass us. If one poses a hazard to another, then a warning or citation should be issued. How many feet before a turn do you signal a turn? Could you make a 100 on your written and driving test every time? Did you once? Why do you not have to wear a helmet while riding on a motorcycle if you have a minimal amount of health insurance, but in a two-ton vehicle you must always wear your seatbelt? Is it more dangerous going 5 or 10 mph over the speed limit or driving the speed limit side-by-side with other vehicles down the interstate? For your information, it is a misdemeanor to drive down the interstate in the left lane unless passing. Ever see anyone do this? Ever see anyone get stopped for much less? UGH!

It is such a travesty that we can never feel safe and secure in our environment, for not only do we have to watch out for the law breakers, but we have to watch out for the law enforcers as well. I can honestly say that my chances of being harassed by a convicted felon are much slimmer than that of being harassed by a police officer.

I do not think that I can ever forgive the way these grown men treated my husband. They not only took away his freedom, but his dignity as well. I pray for justice and will not rest until I know that it is received.

In closing we’d like to say that very rarely do we have the slightest worry about being mugged, robbed, etc., etc.; but, we can honestly say we worry every day about being stopped, harassed, arrested or ticketed by a law enforcement officer. We know for a fact that this system sticks together fraternally.

Please say a prayer for us. All of us! Please pray that the crookedness of the system will get straightened out immediately so that no one else will have to experience the nightmares that occur in everyday life.

Please send any comments to: dave-n-tina@dave-n-tina.com

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