Texas Department of Public Safety Annual Report 2008

Texas Department of Public Safety Annual Report 1 Mission Statement

The broad objective of this Department is “to maintain public safety in the state of Texas.”

The Department works toward this goal within existing regulations and in cooperation with other agencies with mutual or related responsibilities.

The DPS seeks to preserve order by protecting lives, rights, property and privileges of the residents of this state.

The Department continues to uphold its motto: “Courtesy, Service, Protection.”

2 Texas Department of Public Safety Annual Report Director’s Message

Honorable Rick Perry, Governor of Texas and Members of the : We are pleased to present the Texas Department of Public Safety’s 2008 Annual Report. This report contains valuable information about DPS and its activities in 2008, including the agency’s: • Preparation for and response to Hurricane Ike and other natural disasters. • Fight against , such as violent crime activity, terrorism, illegal drug-trafficking, gambling and motor vehicle theft throughout Texas. Operation Border Star concentrated on illegal activity near the Texas/ border. • Creation and organization of the state’s largest intelligence gathering and analysis bureau, including all-crimes threat assessments. • Successful growth of the DPS Crime Laboratory to meet the ever-increasing demand for its services that are provided free of charge. • Investigation of crimes such as , rape and robbery. • Implementation of technology to assist all divisions of the Department as they strive to maintain public safety.

Respectfully submitted, By:

Stanley E. Clark, Director and The Texas Public Safety Commission

The Department is led by a director and assistant director who oversee the agency’s day-to-day operations. The director is appointed by the Public Safety Commission and must have at least five years of law enforcement or public administration experience. The director serves the commission in an advisory capacity. The director carries the rank of colonel and the assistant director carries the rank of lieutenant colonel. Stanley E. Clark became director of the agency when Col. Thomas A. Davis, Jr. retired on Aug. 31, 2008. Lamar Beckworth Col. Stanley Clark Lt. Col. Lamar became assistant director when Lt. Col. David Beckworth McEathron retired on Aug. 31, 2008.

Texas Department of Public Safety Annual Report 3 Public Safety Commission

The Texas Public Safety Commission oversees Department operations. The Com- mission is made up of five Texas citizens appointed by the Governor and confirmed by the Texas Senate. Commissioners are appointed based on qualifications, including knowledge of laws, experience with law enforcement, execu- tive ability, honesty, integrity, education and training. Members serve staggered six-year terms without compensation. Members of the Commission in 2008 Allan B. Polunsky Tom Clowe Carin Marcy Barth were Chairman Allan B. Polunsky of San Antonio, Tom Clowe of Waco, Carin Marcy Barth of and Elizabeth Anderson of John Steen . (photo not available) Ms. Anderson resigned from the Com- mission in September, and two commission- ers—Ada Brown of Dallas and John Steen of San Antonio—were appointed in October, bringing the commission to full strength.

Ada Brown

4 Texas Department of Public Safety Annual Report Office of Audit and Inspection

The Office of Audit and Inspection (OAI) Inspectors also served the Department in provides the Public Safety Commission and a number of other areas. As in previous years, Department management with independent, an inspector chaired the Accident Review objective assessments of the accountability, Board. The review board processed more integrity, effectiveness and efficiency of the than 480 fleet collision reports and 370 fleet Department’s programs and operations. incident reports. Based on audit and inspection findings, The Chief Inspector chaired the Awards OAI also makes recommendations to man- Committee, which is responsible for review- agement for improving the programs and op- ing and processing all Department perfor- erations reviewed. mance awards. During fiscal year 2008, the Awards Committee approved one Purple Internal Audit Heart award, one Medal of Merit and seven Internal Audit finished nine risk-based au- Director’s Citations for presentation to De- dits, nine follow-up audits, 12 Criminal Law partment employees. Thirteen Director’s Enforcement Division—Narcotics Service Awards were given to private citizens or per- Imprest Fund and Seized Assets audits, 74 sonnel of other agencies. (Please see list of Driver License office audits and 11 petty cash Department award recipients on page 55.) audits in FY 2008. Based on the findings of Finally, inspectors taught numerous law the audits, numerous recommendations were enforcement training classes at the DPS made to improve Department operations. Training Academy, as well as at other police agency academies. Inspection OAI inspectors conducted inspections of law enforcement operations in two Division regions, one Driver License Division region, two Criminal Law Enforce- ment districts and one Ranger company. During this same period, inspections of 11 headquarters operations were conducted. The inspectors also completed one special inspec- tion. As a result of these activities, inspectors developed 218 recommendations for im- provement.

Texas Department of Public Safety Annual Report 5 Hurricane Ike

As Hurricane Ike approached the coast of Texas, state and local governments began preparations for the large storm’s landfall. Three days before the storm hit, the eventual location of Ike’s landfall was still unknown. Millions of coastal residents from Orange to Corpus Christi either evacuated or took action to make themselves safer in case the storm struck near them. After the storm made landfall near Galveston, hundreds of DPS troopers and officers traveled to the area to provide assistance and a law enforcement presence to maintain public safety. (For more hurricane response information, please see pages 11 and 47-49.)

Hundreds of chartered buses await inspection at Kelly USA in San Antonio before they are dispatched to the Texas coastline to assist in evacuating residents who did not have transportation out of the potential hurricane strike zone.

Troopers carry supplies to their patrol vehicles in preparation for their deployment to the coast.

DPS troopers pose with employees from an HEB store in the impact area in southeast Texas. Many stores made space available for troopers needing supplies or temporary shelter.

6 Texas Department of Public Safety Annual Report Hurricane Ike

Streets in Orange were under water for several days after the storm hit. Troopers patrolled by boat. Many homes along the coast near Galveston were destroyed, while some were relatively unscathed. The debris field stretched for miles.

The storm surge washed numerous items onto surrounding roads, including this huge barge, which DPS troopers worked with the to assist Texas came to rest on a highway. residents affected by the hurricane.

Texas Department of Public Safety Annual Report 7 Hurricane Ike

Hurricane Ike flooded many areas, including a cemetery in Orange. DPS troopers and the Texas Military Forces assisted in recovering caskets that had floated away. (Photos courtesy Associated Press.)

After the storm, residents of Bridge City thanked city officials and local and state law enforcement officers for their hard work. (Photo courtesy Orange Leader newspaper.)

8 Texas Department of Public Safety Annual Report

The Texas Highway Patrol (THP) Divi- sion is responsible for enforcing the state’s traffic laws. The division is divided into eight regional commands headquartered in Austin (Capitol), Corpus Christi, Garland, Houston, Lubbock, McAllen, Midland and Waco. The THP Division has 4,011 employees— 2,706 commissioned officers and 1,305 civil- ian support personnel. The division is comprised of the High- way Patrol Service, the Commercial Vehicle Enforcement (CVE) Service, the Vehicle Inspection Service and the Communications Service. The Highway Patrol Service secures and maintains order on Texas highways to ensure the safety of the motoring public. The Service is responsible for public safety education and police and security functions for the State

Tr. John Sampa, HP Houston, and two local police officers place an injured student under “arrest” during the Shattered Dreams program at a Katy high school. The program uses real students and their parents to portray the potential consequences of teen drinking and driving. DPS has been a participant in these reenactments for a number of years.

Capitol and the Capitol complex. the environment clean by requiring vehicles CVE weighs and checks commercial to be inspected annually for conditions or vehicle traffic operating on Texas roadways defects that might cause traffic collisions and to ensure compliance with statutes related to contribute to pollution. Vehicle Inspection vehicle weight, motor carrier safety and the employees are authorized to detect and take registration and transportation of persons, appropriate enforcement action against any- hazardous material and other property. one in violation of Texas laws. The Vehicle Inspection Service super- The Communications Service operates During a traffic stop, troopers in Brooks County found 26.5 pounds of cocaine hidden in the console of an F-150 pickup vises all official inspection stations through- a statewide network designed to serve the truck. out Texas to help keep roadways safe and communications requirements of all criminal

Texas Department of Public Safety Annual Report 9 justice agencies. The system uses radio, tele- the citizens along the Texas/ phone and landline telecommunication sys- Mexico Border. tems to connect with the Texas Crime Infor- Beginning in January mation Center, National Crime Information 2008, 18 THP strike force Center and other law enforcement databases. teams conducted law en- The Department has 34 communications fa- forcement operations in the cilities that operate 24 hours a day. El Paso, Big Bend, Del Rio, The THP Division also includes several Laredo, Valley units that handle a variety of specialized and Coastal Bend areas. Be- functions: the Governor Protective Detail, tween January 20 and October the Dive Recovery Team, the State Accident 25, these operations resulted Reconstruction Team, the Drug Detector Ca- in 417,258 enforcement ac- nine Program, the Explosive Detector Canine tions taken, including: Program, the Regional Honor Guard and 16 • 470 DWI arrests Civil Disturbance Management teams. • 1,379 criminal arrests Highway Patrol troopers assisted local law enforcement and the • 242 stolen vehicles re- with the search warrants served on the FLDS property in Schleicher County. This included the evacuation of hundreds of children from the property. (Photo Operation Border Star covered courtesy Kathy Mankin of the Eldorado Success.) The Highway Patrol Division continues • 11,947 lbs. of marijuana to provide law enforcement resources to en- seized partment of Family and Protective Services sure the safety, security and quality of life to • 274,553 grams of cocaine seized in serving a search warrant at the Yearn- • 594 grams of heroin seized ing For Zion of the Fundamentalist • 13 grams of methamphetamine seized Church of Jesus Christ of Latter Day Saints • 256 grams of prescription drugs seized (FLDS) in Eldorado. Due to the large number of children at the ranch, the services provided Fundamentalist Church of Latter Day by Texas Highway Patrol Division involved Saints more than 200 Troopers and more than 3,900 On April 3, the Texas Highway Patrol man hours. The THP Division assisted with assisted the Texas Rangers and the Texas De- the search of the ranch, securing the scene during the search, the removal of the children from the ranch, security during transport and security of the children while away from the ranch. With awareness and concern over the possible psychological impact that this separation could cause to the FLDS children, Above and right: A traffic stop in the Big Bend area during members of the Texas Highway Patrol made Operation Border Star resulted in the confiscation of thousands of illegal tobacco products, including Cuban great efforts to establish friendly relation- cigars. Smugglers hoped to avoid the state’s tobacco tax. ships with these affected children. The troop-

10 Texas Department of Public Safety Annual Report Highway Patrol Major John Reney ping of patrol units inside the Department’s and Chief Pilot Billy Nabors discuss 32 communications facilities, eliminating the personnel deployment needs in the State Operations Center during Hurricane need for troopers to give location and speed Ike. over the radio during high-speed pursuits resources to the coastal area allowing them to focus on driving safety. and citizens affected by the The system also proved beneficial during hurricane. Disaster districts in the 2008 fire season and the Hurricane Ike Beaumont, Lufkin, Houston, response, allowing troopers to navigate in un- Conroe and San Antonio were known territories and limited visibility. directed by the Texas High- way Patrol to provide state Awards resources to local jurisdic- In June, Lt. Bob Gilbert, HP Houston, tions. and Senior Trooper Garry Parker, HP Austin, ers who served in this capacity provided Ike was the third most destructive hur- attended the 41st National Uniform Safety outstanding service in making the FLDS chil- ricane to hit the . Members of dren feel safe, secure and cared for while in the Texas Highway Patrol worked long hours the custody of the Department of Family and and in severe conditions to minimize the loss Protective Services. of life and property during this event.

Hurricane Ike response In-car computer project On September 13, Hurricane Ike made The 80th Legislature funded $15 million landfall over Galveston Island at approxi- to implement an in-car computer system in mately 2 a.m. Severe winds and high tides all patrol units within the Texas Highway caused damage to houses throughout the Patrol Division. This system provides direct coastal region. Millions were left without messaging and communications to troopers electricity and at least 82 people were killed. on patrol via a secure network that provides Before landfall, Highway Patrol troopers co- real-time alerts, digital photographs, home- ordinated traffic direction and evacuation of land security information, electronic cita- the coastal area. More than 500 troopers were tions, and equips the units with Global Posi- pre-staged near the coast to respond quickly tioning System (GPS) technology. to the ravaged area after the event. Another This gives the troopers the ability to dis- 91 troopers and civilian inspectors performed seminate photographs of wanted suspects inspections on 809 buses to ensure their safe- and instantly identify wanted and stolen ty for evacuation transportation. vehicles. To date, 1,734 patrol units have During the next weeks and months, mem- been installed with a statewide completion in bers of the Texas Highway Patrol played spring 2009. Troopers across the state now have computers installed in an intricate role in providing security and The GPS system provides real-time map- their patrol vehicles.

Texas Department of Public Safety Annual Report 11 Education Officers Workshop in Colorado Springs, Colorado. Tr. Parker’s DWI safety program, “Alcohol, the Ultimate Reality,” was awarded first place in the competition. The multi-media presentation illuminates the fact that 9,600 people were killed by DWI drivers in the same length of time that 1,000 soldiers were killed in the Iraq war. DPS received the state agency award from the Texas Association of State Sys- tems for Computing and Communications (TASSCC). The association gives two excel- lence awards each year to recognize state agencies and institutions of higher education for projects that use leading edge technology in an innovative manner. DPS received the honor for designing a wireless data card solu- tion with GPS in the THP In-car Computer Project. With this technology, approximately 2,000 trooper patrol cars receive secure, wireless connectivity and access up-to-date information immediately, regardless of their location.

12 Texas Department of Public Safety Annual Report Criminal Law Enforcement

local police departments, county sheriff’s Gun” and “Thunder Storm”, officers ap- offices and federal agencies, CIS officers prehended approximately 36 violent gang conducted enforcement action throughout the members in the Houston, Corpus Christi and state. Dallas/Fort Worth areas and seized $4.6 mil- Working together, officers seized 1,617 lion in cash, 12 weapons, a firearm silencer eight-liner devices, arrested 45 suspects, and other assets. seized more than $1.2 million, two weapons These cooperative efforts have served and one vehicle. to significantly disrupt the security threat Despite these efforts, illegal eight-liner groups, such as the Texas Syndicate, the The Criminal Law Enforcement (CLE) gambling continues within Texas because Mexican Mafia, the Aryan Brotherhood and Division investigates multijurisdictional vio- criminals benefit from the enormous amount Hermandad de Pistoleros Latinos (HPL). lations such as terrorism, narcotics, motor of revenue that it generates. As a result, of- Despite these collaborative efforts, gang vehicle theft, gambling, public corruption, ficers are continuing their efforts to suppress violence continues to plague the state, most fraud, theft and counterfeit documents. CLE this illegal activity. Some of the agencies notably along the Mexico border. Continued provides specialized assistance to local law assisting in this cooperative initiative are the cooperative efforts by state, federal and local enforcement agencies and other DPS divi- , the San Antonio law enforcement agencies are needed to dis- sions and works with federal law enforce- Police Department, the Corpus Christi Police rupt and dismantle these threat groups. ment agencies. Department, the Arlington Police Depart- CLE consists of 1,120 members including ment, the Fort Worth Police Department, Firefight between prison gangs stopped 553 commissioned officers and 567 civilian the Texas Attorney General’s Office and the A CIS sergeant and a Laredo Police support personnel. The four services that Texas Lottery Commission. Department investigator were attempting make up the Division are: the Criminal Intel- to locate a fugitive wanted for robbery in a ligence Service (CIS), Motor Vehicle Theft Violent gang members jailed Laredo residential area. While searching for (MVT), Narcotics, Bureau of Information In 2008, gang violence escalated through- the fugitive, the officers came upon a stand- Analysis and the Crime Laboratory. out the state. This violence involved indi- off between members of the Mexican Mafia viduals who are members of gangs that have and the HPL prison gangs in front of a resi- Criminal Intelligence Service been identified as security threat groups by dence. The two groups were composed of six the Texas Department of Criminal Justice. to eight members, armed with AK-47-type Illegal eight-liner gambling suppressed The DPS CIS was involved in developing assault rifles and handguns in plain view. The CIS participated in a statewide, intelligence for the apprehension of these The officers ordered the apparent HPL multi-agency investigation of the illegal use violent gang members statewide. leader to go inside his home in an attempt of gambling devices commonly known as Working with several federal and local to diffuse the threat of a shoot-out. The CIS eight-liners. Working in conjunction with agencies in operations such as “Smoking sergeant and the Laredo police investiga-

Texas Department of Public Safety Annual Report 13 tor, with the assistance of additional Laredo never repaid, and the suspects used much of dardizing operational policies and processes Police Department officers, apprehended the the money for personal use. and establishing cohesiveness. The BIA per- six remaining suspects. CIS investigators discovered that the Se- sonnel accomplished this with great profes- The officers obtained consent to search cret Service was investigating the same group sionalism, while continuing their productivity the home and vehicles and seized one AK-47 for alleged involvement in FEMA fraud and and support of law enforcement. assault-type rifle, one 9 MM handgun and a check kiting scheme. CIS investigators and one .40 caliber handgun with loaded maga- the Secret Service initiated a collaborative in- Statewide all-crimes fusion center created zines. Some of the weapons and ammunition vestigation, resulting in federal charges filed The most significant accomplishment were found on the gang members. against the suspects. during the BIA reorganization was the es- The Department awarded the CIS ser- tablishment of a statewide all-crimes fusion geant with a DPS Director’s Citation and Violence in Mexican border towns spills center. The Texas Fusion Center (TXFC) honored the Laredo police investigator with into Texas includes a secure compartmentalized in- a Director’s Award. These awards were given The CIS has noted an increase in violence formation center. It also includes a robust to honor their bravery in the face of a poten- along the Mexico border as drug cartels in 24/7 intelligence watch center, known as the tially deadly situation. Mexico continue to battle for control of the Texas Intelligence Center. Physically located established smuggling routes into Texas. The within this center, numerous external law Hurricane relief fraud-ring busted corruption, known as “Plata o Plomo” or “sil- enforcement agencies participate, including CIS personnel and the U. S. Secret Ser- ver or lead” (money or a bullet), contributes the Texas Department of Criminal Justice vice conducted a fraud investigation involv- to the increased violence. As the violence (TDCJ), the Texas Parks & Wildlife Depart- ing pastors and employees of a well-known escalates, the threat of it spilling north into ment, the Texas Alcoholic Beverage Com- Houston church. Two pastors and a deacon is extremely likely. Continued mission (TABC), the U.S. Drug Enforcement were indicted by a federal grand jury on nine and increased concentrated efforts such as Administration (DEA), the U.S. Immigra- counts of bank fraud and one count of con- Border Star and similar enforcement efforts tion and Customs Enforcement (ICE), the spiracy to commit bank fraud. Two church are needed to combat this trend. U.S. Department of the Treasury’s Financial employees were also indicted for conspiracy Crimes Enforcement Network (FINCEN), the to defraud the federal government, which Bureau of Information Analysis U.S. Marshals Service and the U.S. Depart- stemmed from money received from FEMA ment of Homeland Security (DHS). The BIA during Hurricane Katrina. The Secret Service The Bureau of Information Analysis has also placed its own analysts at the other arrested all of the defendants. (BIA) was created at the end of 2007 to com- regional fusion and intelligence centers lo- CIS personnel had initiated the investi- bine all of the Department’s intelligence and cated throughout the state. gation on the pastors and deacon in January analysis functions into a single unit. The DPS 2007. Subsequently, they learned that sus- merged approximately 158 analysts from sev- BIA begins first statewide all-crimes threat pects had obtained approximately $4 million eral services and divisions, creating the larg- assessment in DPS history in fraudulent student loans by persuading est analytical component in the Department’s In 2008, the BIA produced numerous young church members to obtain loans for history and the largest in the state. intelligence products, including the first state- church purposes with the promise of repaying As with any such reorganization, signifi- wide all-crimes threat assessment in DPS his- the loans within six months. The loans were cant challenges were addressed, such as stan- tory, as well as numerous threat assessments

14 Texas Department of Public Safety Annual Report of significant events and critical infrastruc- visits to recycling businesses and sold $8,051 identified individual had made threats to kill ture. The BIA continues to receive signifi- in aluminum piping. his Junior Reserve Officers’ Training Corps cant accolades for its intelligence products, An employment search revealed that both (JROTC) squad. With little information, such as The DPS Perspective, which is a law men worked for a company that deals with TXFC personnel identified the individual and enforcement-sensitive monthly publication aluminum irrigation pipe. However, the men provided the lead to the DPS CIS. that is disseminated to thousands of officers were paid in cash, instead of by check, which Investigators from CIS contacted the and intelligence personnel across the nation is normal business practice. The informa- individual’s parents and determined that and world. tion was disseminated to the Ector County the individual did not present an immediate Sheriff’s Office, which determined that the threat. However, authorities recommended a BIA supports high-profile investigations two men were not stealing from the business. voluntary psychological examination. Of- The BIA supported several high-profile Instead, they had been acting on instructions ficers also notified the commander of the investigations throughout 2008, including from their supervisor, who pocketed approxi- JROTC squad and the city and school dis- the investigation of the murder of DPS HP mately $3,000 of the money. The supervisor trict’s police departments about the situation Trooper James Scott Burns in East Texas, the was fired from his job and charged with theft and the outcome. investigation of the Fundamentalist Church and deceptive business practices. • The BIA Threat Assessment Group of Jesus Christ of Latter Day Saints (FLDS) • The BIA Unidentified Persons and (TAG) assisted the Weimar Police Depart- and the investigation of the Governor’s Man- DNA Unit (UPDU) was instrumental in help- ment in locating $700,000 on a Mexican sion arson. ing to solve a 2003 involving an commercial bus. On November 5, local offi- In addition, BIA analysts worked with unidentified child whose body was found in a cers in Weimar contacted the BIA regarding a the Texas Attorney General’s Office to check Houston dumpster. In 2008, an UPDU ana- Mexican bus that was stopped en route from shelters for sex offenders who had evacu- lyst worked with Houston authorities to give Atlanta, Georgia, to Reynosa, Mexico, with ated from the Houston/Galveston area during the case new exposure by featuring the in- only the driver and co-driver onboard. Hurricane Ike. Analysts researched more than formation through a variety of media outlets, Analytical personnel with TAG provided 26,000 names and forwarded 706 possible including a Spanish-language network. the officers with information and photo- sex offender matches to CLE field personnel As a result, law enforcement received graphs of concealment locations known to be for investigative follow-up. In addition, the a call from family members, who had rec- used by traffickers in passenger buses. As a BIA provided instrumental support to a num- ognized the photo of the child as 5-year-old result of this information, the officers located ber of other criminal investigations. A list of Jose Bernado Martinez. The tip led authori- the currency inside a compartment that runs those investigations follows. ties to the child’s mother, who confessed that along the base of the seats. • A BIA analyst assigned to the Metal she had been unable to care for the child and • A TAG analyst placed a Texas Data Theft Program provided a lead to the Ec- had left him in the dumpster. (The child had Exchange (TDEx) watch on leaders of a gang tor County Sheriff’s Office, resulting in the been in very poor health due to malnutrition he was tracking, so that he could be notified arrest of a suspect. The analyst had become and lack of care.) The child’s mother was ar- if any of them were arrested. TDEx is a sys- suspicious after analyzing data about alumi- rested for felony murder-injury to a child by tem that compiles law enforcement incident num irrigation pipe that was being sold by omission. records and other non-intelligence criminal two different people driving the same vehi- • On October 4, the TXFC received no- justice information into a central state reposi- cle. The two male subjects had made several tification from an outside source that an un- tory for sharing across jurisdictional lines.

Texas Department of Public Safety Annual Report 15 A couple of weeks after the analyst state, require Narcotics Service personnel to charge of the registration of people or entities placed a TDEx watch on the gang leaders, a be innovative, flexible and proactive beyond that handle prescription drugs or controlled homicide occurred that reportedly involved traditional investigative thinking. substances through the Controlled Substance one of the identified gang leaders. Five days The Narcotics Service continues to Registration Program. later, TDEx alerted the BIA analyst via e- expand on and create new programs within In 2008, the Narcotics Service created mail that the suspect had been arrested on the service to address the growing demands the Diversion Enforcement Unit. The unit unrelated charges by another agency. Infor- of the citizens of Texas and our law enforce- was created to assist and compliment the mation indicated that the suspect was due to ment partners. Programs under the Narcot- already active Prescription Drug Regulatory be released at 11 a.m. that morning on two ics Service include the Technical Unit, the Program. Prescription drugs have become $10,000 bonds. The BIA analyst immediate- Computer Information Technology and Elec- the second most-abused drug among youths. ly contacted the homicide investigators, who tronic Crime (CITEC) Unit, the Controlled With this increased use, and legislation man- were not aware of the arrest. The bonds were Substance Regulatory Unit and the Diversion dating that the Department track the distribu- raised to $500,000 each, and the suspect was Enforcement Unit. tion of controlled substances in Schedules III prevented from bonding out. The Technical Unit provides specialized through V, the Narcotics Service redirected As a result, investigators confiscated a surveillance equipment, such as cameras and positions and personnel to target the large- potential murder weapon and possible blood body bugs—electronic listening devices, to scale diversion of controlled substances. evidence. One of the investigators stated that, the Narcotics Service, other parts of DPS and Almost immediately, the Diversion Enforce- “We may never have had access to this evi- under special circumstances, external law ment Unit proved successful through the dence had it not been for the heads-up from enforcement. They also provide and service disruption of a nationally recognized gang the BIA.” the monitoring equipment for wire intercepts, organization engaging in the theft of pharma- as well as assist in the preparation, review ceutical drugs and the theft of ATM machines Narcotics Service and approval of the probable cause affidavits in cities along interstate highways in Texas. for the same. The Technical Unit can install Each of these Narcotics Service units In 2008, the Narcotics Service engaged tracking devices and monitor them with the provide a variety of assistance and services in a multitude of diverse criminal and admin- proper court order and conduct counter- to all divisions within the Department and to istrative investigations across the state and measure sweeps to detect illegally installed a multitude of agencies outside the Depart- nation. listening equipment. In 2008, the Technical ment. With a high level of expertise, the per- Although there have been several sig- Unit showed significant increases in the num- sonnel assigned to these units are nationally nificant narcotics seizures across the state, ber of requests for technical support on high- recognized for the work that they perform. the most meaningful changes are evident in profile investigations. The Technical Unit In addition, they are often sought as advi- the ability of Narcotics Service personnel to provides supervision for the CITEC Unit. sors and provide quality training within and adapt to a constantly changing criminal and The Controlled Substance Regulatory outside of the Department. administrative environment. Modern technol- Unit administers a prescription drug program The Narcotics Service also has a multi- ogies, media publications and the use of es- to monitor Schedule II through V controlled- tude of ancillary investigative and admin- tablished threat groups (Zetas, Aryan Broth- substance prescriptions as they progress from istrative duties, including but not limited to erhood, Texas Syndicate, Mexican Mafia and the registrant (prescription writer) to the responding to all significant Highway Patrol many others) to transport narcotics across the ultimate user or customer. The unit is also in seizures, management of all asset forfeitures

16 Texas Department of Public Safety Annual Report for the Department and management of the Attorney’s Office, the Kimble County Dis- Narcotics assists in shutting down DPS’ imprest funds. The Narcotics Service trict Attorney, the Tom Green, McCulloch, murder-for-hire also chairs the CLE training programs’ partic- and Mason County sheriff’s offices and the DPS Narcotics officers in Beaumont ipation in the state’s Drug Demand Reduction Brady Police Department. were called to assist the Texas Rangers in a Program. In addition, the Service provides murder-for-hire investigation. DPS Narcotics the Region III at-large member for the Na- East Texas illegal drug-trafficking targeted provided the technical support and an under- tional Alliance for State Drug Enforcement Narcotics personnel continue to work a cover Narcotics sergeant to meet with a sus- Agencies, the executive board member on all local, state and federal joint investigation into pect who wanted his girlfriend murdered. The four Texas High Intensity Drug Trafficking the Latin Kings street gang’s drug-trafficking undercover officer met with the suspect in the Areas Committees (HIDTA) and the chair for activities in the East Texas area. The investi- Nederland area and negotiated the murder. the state’s advisory committee for the Depart- gation has resulted in multiple drug seizures Investigators arrested the suspect for solicita- ment’s official prescription program. and the arrests of approximately 60 suspects. tion of murder and possession of a controlled In 2008, the Narcotics Service initiated A number of these suspects have received substance. and assisted on a number of major investiga- extensive prison terms, while many of the tions that were instrumental in disrupting the others are still awaiting sentencing. Galveston County gang’s organizational transportation and distribution of narcotics structure dismantled across Texas and the nation. Meth-trafficking organization disrupted DPS Narcotics Service personnel are in- Fourteen suspects were indicted because volved in a multi-agency, two-year investiga- 2008 Narcotics Seizures of a Narcotics Service investigation target- tion of members of a gang known as the “4th ing a drug-trafficking organization. The Street Bloods”, also known as the “4th Street Meth-trafficking organization dismantled investigation was initiated following a DPS Playas”, in Galveston County. The 4th Street Narcotics personnel obtained state and Highway Patrol interdiction seizure. The Bloods are involved in the illegal distribution federal indictments against 22 suspects as investigation targeted the distribution of ap- of methamphetamine (also known as “ice”), part of an investigation into a methamphet- proximately 40 pounds of methamphetamine cocaine powder and “Crack” cocaine. amine drug-trafficking organization operat- from the Dallas area throughout East Texas The gang was formed in the mid 1990s ing in the San Angelo area. Charges include and . and derived its name from the associated engaging in organized criminal activity, drug Because of the investigation, officers location of 4410 4th Street, Baycliff. During conspiracy and weapons offenses. Investi- seized 17 pounds of methamphetamine and the last four years, more than 47 percent of gators conducted a round-up operation and obtained federal indictments against 14 major crimes in northern Galveston County arrested 21 of the suspects, most of whom suspects for conspiracy to distribute meth, were directly connected to the 4th Street were active in Brady and Mason. The arrests possession with intent to distribute meth, Bloods. Through extensive investigative have had a significant impact on the illegal aiding and abetting, use of communication activities, including surveillance, undercover distribution of methamphetamine, cocaine facility to facilitate a felony and possession operations, search warrants and a wire in- and marijuana in these communities. of a firearm during a drug-trafficking crime. tercept, the gang’s primary organizational Other agencies assisting with the arrests Investigators have arrested 13 of the 14 structure has been dismantled. Twelve gang were the U.S. Bureau of Alcohol Tobacco suspects and seized two stolen firearms and a members were charged and indicted and 10 Firearms and Explosives (ATFE), the U.S. four-wheeler. have been arrested thus far.

Texas Department of Public Safety Annual Report 17 Narcotics locates large marijuana grow very popular. With the use of hydroponics Syndicate, has been at war for many years During July, the Narcotics office in Gar- and other technological advances, cultivators with other gangs for control of the narcotics land located 12,390 marijuana plants growing increase the potency of tetrahydrocannabinol trade on this side of the border with Mexico. in Freestone and Navarro Counties. Investi- (THC), the psychoactive ingredient in canna- gators located the marijuana fields with the bis plants. The price of this type of marijuana Investigation impacts Crips gang assistance of the Texas National Guard Coun- can reach up to 10 times the price of outdoor- In February, an Operation Border Star ter Drug Aviation Division and the Navarro grown marijuana. Overall, 25,212 marijuana traffic stop in Pecos County resulted in the County Sheriff’s Office. plants were reported seized in 2008 in Texas. arrest of two Crips gang members from The growers were using irrigation sys- California and the seizure of approximately tems to pump water from nearby creeks Narcotics officers seize drugs, weapon and two gallons of Phencyclidine (PCP). Follow- to the plants. They had also set up living money from the Texas Syndicate ing the drug seizure, the Narcotics Service quarters, such as tents and tarps, around the In Corpus Christi, DPS Narcotics officers and the DEA conducted a nine-month inves- marijuana fields that were tended by Mexican conducted an investigation that led to the sei- tigation that led to the execution of federal nationals. In addition, officers located stashes zure of approximately 22 pounds of cocaine search-and-arrest warrants in Anaheim and of food and weapons. Thus far, officers have and steroids, three weapons and more than Compton, Calif. arrested three suspects. $26,000. Investigators dismantled a clandestine The suspects targeted in the investiga- lab, seized more than three gallons of PCP Marijuana found growing on public land tion are suspected to have ties to the Texas and arrested three additional Crip gang mem- The Narcotics office in Conroe located Syndicate—one of the largest prison gangs in bers. The operation has resulted in the dis- 1,436 marijuana plants growing in the Sam Texas. The Syndicate is actively involved in mantling of a significant portion of a gang-re- Houston National Forest in San Jacinto the transportation and distribution of narcot- lated drug network stretching from California County. The National Forest Service had lo- ics across the state. to Texas. The Crips gang was founded in cated more than 2,000 additional plants also 1969 in Los Angeles, Calif., and is one of the growing in the National Forest Officers arrest Mexican Mafia member largest and most violent street gangs in the several days earlier. In August, San Antonio DPS Narcotics, United States. along with the San Antonio Police Depart- Potent marijuana indoor-growing ment, executed search warrants on two Investigation dismantles drug-trafficking operation found locations in San Antonio. While executing organization In Houston, Narcotics officers executed the warrants, officers seized 31 guns, heroin During a separate investigation, DPS a search warrant and discovered 150 mari- and cocaine, one stolen police-issued ballistic Narcotics, the FBI and the Austin Police De- juana plants grown hydroponically inside a vest, numerous stereos, tools and jewelry. partment dismantled a major drug-trafficking residence. (Plants are grown hydroponically The suspect arrested in this investigation organization. This three-year, multi-agency when they are cultivated in nutrient solu- is a confirmed Mexican Mafia member from investigation, a large part of which included a tions rather than conventional soil.) Officers San Antonio. Investigators believe that the wire intercept operation, resulted in 30 indict- seized numerous artificial lighting assemblies suspect was trading guns and other stolen ments with 29 arrests thus far and the seizure and various hydroponic mechanisms. This items for narcotics. The Mexican Mafia, a of methamphetamine, cocaine and marijuana. method of growing marijuana is becoming large prison gang known to rival the Texas Investigators also seized numerous vehicles

18 Texas Department of Public Safety Annual Report and U.S. currency. This investigation is Investigation nets 15 meth traffickers with the original vehicle’s VIN. The com- linked to another major drug-trafficking or- In Palo Pinto County, a 22-month Narcot- pany then sold these vehicles to unwitting ganization with links throughout the U.S. and ics Service investigation that included numer- customers at vintage prices. The company’s ties to the Gulf Cartel. ous undercover operations, surveillance and client list includes owners of major sports debriefings by Narcotics personnel and other franchises, professional sports athletes and Investigators disrupt meth operation local agencies led to 17 indictments against movie actors. Total losses to customers are In October, an investigation involving the methamphetamine traffickers. To date, law estimated to exceed $39 million. The com- Hill County Sheriff’s Office, the DEA and enforcement officers have arrested 15 of the pany first developed its scheme in the Las the DPS Narcotics Service resulted in the 17 suspects. Vegas prison system before moving its opera- disruption of a significant methamphetamine tion to Texas. operation. After a four-month investigation, Motor Vehicle Theft Service an undercover DPS Narcotics sergeant ar- Suspected thief used stolen identities to ranged to purchase six pounds of what turned Prison system auto-theft ring shut down illegally purchase vehicles out to be 87 percent pure meth. The suspect MVT personnel seized more than 100 DPS MVT personnel initiated an identity was also in possession of a loaded .45 caliber re-built vintage Mustangs as part of a major theft investigation that resulted in two indict- handgun at the time of delivery. fraud investigation involving a high-profile ments. The primary suspect had fraudulently Narcotics investigators executed a search company. The fraud scheme involved the use obtained six vehicles worth approximately warrant in Dallas, seizing an additional four of prison labor to strip and re-build donated $163,000 from a Hyundai dealership in pounds of meth and making another arrest. vintage cars using after-market replacement Harris County, where the suspect had been The two suspects were federally indicted and parts. employed as a salesperson. have possible ties to other border states and In some cases, the company would have The suspect used personal identifying the East Coast. the prisoners re-stamp the replacement parts information from former customers without their consent or knowledge and obtained additional personal identifying information from an accomplice, who worked as a finance manager at a different dealership. The sus- pect would then alter Texas driver licenses and other documents to secure financing in the victims’ names. As a result of the investi- gation, officers recovered all six vehicles and charged the suspect and his accomplice with felony theft. Also assisting with the investiga- tion was the Harris County Sheriff’s Office.

DPS Motor Vehicle Theft personnel seized more than 100 The fraud scheme involved the use of prison labor to strip Pari-mutuel race track inspections illegally re-built Mustangs during a major fraud investiga- and re-build donated vintage cars using after-market tion. The scheme began in the Las Vegas prison system and replacement parts. MVT personnel continue to conduct moved to the TDCJ. compliance inspections on pari-mutuel race

Texas Department of Public Safety Annual Report 19 tracks. These inspections have resulted in investigators filing charges for unlawful 3500 influence on racing, dangerous drugs and 3000 possession of a firearm in a prohibited place, 2500 practicing veterinary medicine without a license and administrative violations, which 2000 Recoveries were referred to Texas Racing Commission 1500 enforcement officers for disciplinary action. 1000

Southbound Operations stopped criminals 500 In conjunction with the DHS Custom and 0 Border Protection inspectors, MVT Service 1994 1996 1998 2000 2002 2004 2006 personnel conducted nine “Gate Operations” at various ports of entry and at different times The Motor Vehicle Theft Service’s Border Auto Theft Information Center (BATIC) assists law enforcement officers during the year. They inspected 1,726 ve- in Mexico, Central America and Canada in the recovery of stolen vehicles that are taken out of the U.S. hicles, recovered eight stolen vehicles, made two arrests and five undeclared currency seizures totaling $156,300. Information Center (BATIC) provides unique assistance. BATIC continues to receive BATIC recovers stolen vehicles international recognition for the assistance The MVT Service’s Border Auto Theft its personnel provide to U.S. and foreign law enforcement agencies. In 2008, BATIC surpassed 200,000 assists to law enforcement in Mexico, Central America and Canada, along with identifying more than 4,000 stolen vehicles. More than 2,100 vehicles will be repatriated to the United States, with a stolen property value of more than $35,000,000. MVT and the Arlington Police Department arrested Motorcycle-theft ring dismantled suspects in a motorcycle theft ring and recovered stolen MVT personnel and Arlington Police motorcycles and motorcycle parts. Department detectives dismantled an Asian motorcycle-theft ring. They arrested four sus- Crime Laboratory Service pects involved in the ring that was operated MVT worked with the U.S. Department of Homeland out of a residence. Investigators recovered Two suspects in Kilgore Kentucky Fried Security Custom and Border Protection to increase law enforcement presence at the border. They stopped criminals a total of 13 motorcycles, along with parts Chicken identified and charged carrying illegal drugs and cash and driving stolen vehicles. belonging to other motorcycles. On Sept. 23, 1983, five employees were

20 Texas Department of Public Safety Annual Report abducted from the Kentucky Fried Chicken termined to be foreign to that victim. DNA restaurant in Kilgore, taken to a remote oil profiles from the blood stain from the napkin, field road and executed. Investigators col- the blood stain from the box and a semen lected evidence at the restaurant and where stain from one of the female victim’s pants the bodies were found and submitted it to were entered into the Combined DNA Index the DPS Crime Laboratories in Tyler and System (CODIS). Between October 2001 and Garland. In the Tyler Laboratory, person- January 2002, CODIS hits linked two Texas nel examined the bullets recovered from the inmates to the crime scene—Darnell Harts- victims and compared those bullets to test- field to the box and Romeo Pinkerton to the fired bullets from many pistols submitted by napkin. investigators over several years. The weap- Darnell Hartsfield told a Rusk County DPS purchased a drug incinerator and placed it in Hidalgo ons that fired the evidence bullets were never grand jury in 2003 that he was never in the County. Local, state and federal law enforcement officials identified. Kentucky Fried Chicken restaurant in Kilg- use it to destroy drug contraband. DPS Garland Lab Manager Manuel Vala- ore. Manuel Valadez and Lorna Beasley dez performed blood typing on blood stains testified in Hartsfield’s perjury trial on Oc- recovered from inside the restaurant, and tober 26, 2005. The next day, the jury found Drug incinerator in service blood stains from a napkin were found to be Hartsfield guilty of aggravated perjury and DPS purchased a large air-curtain in- foreign to all five victims. One suspect was sentenced him to life in prison. cinerator and installed it on 32 acres of excluded in 1983 as a source of the blood In October 2007, Valadez and Beasley DPS land in Hidalgo County in September. stains on the napkin. The evidentiary stains testified in New Boston, after a change of County officials built a road into the site, and were filed in the Garland laboratory freezer venue, at the trial of Romeo Pinkerton, which the facility began operations in October. By pending the apprehension of any additional ended when Pinkerton pled guilty to the mur- November, DPS and other local, state and suspects. The Garland laboratory maintained der of the five victims. federal law enforcement agencies were using custody of the blood evidence in this case for In September 2008, Valadez and Beasley it to incinerate drug contraband. It can incin- more than 20 years. testified a third time in this case. A change of erate 5,000 pounds of marijuana per hour. In 1995, one man was indicted on five venue moved the trial to Bryan, where Dar- Agencies schedule incinerator service with counts of capital murder after a finger- nell Hartsfield was convicted of five counts of the DPS Crime Laboratory staff in McAllen, nail found on one of the victim’s clothing capital murder and received five life sentences. which operates it. was said to match him. Charges were later Without current DNA analysis methods and dropped when the fingernail was determined the CODIS database, this “cold,” unsolved, Crime Lab hires and trains new personnel to have come from one of the victims. case might never have been solved. One of the greatest accomplishments of In the DPS Garland laboratory in 2001, The source of the semen stain from one the Crime Laboratory Service for 2008 was Lorna Beasley performed DNA typing on of the victim’s pants remains unknown. the hiring and training of 26 new employees. the evidentiary blood stains from the restau- Since 2001, the Garland and Austin labs have DPS provides crime lab services for free to rant. One blood stain from a box, previously performed DNA analysis on numerous items the Department and external law enforcement associated with one of the victims based on from potential suspects. So far, the identity of agencies from across Texas, so it conducts an conventional serological typing, was de- the third suspect remains a mystery. enormous amount of laboratory work.

Texas Department of Public Safety Annual Report 21 To deal with this huge case load, the percent during 2008. The re- Crime Laboratory Service needed additional sults of this DNA work yielded personnel. Interview boards selected the best CODIS hits, helping to solve candidates and in-depth training is provided many unsolved crimes. With by Crime Lab staff. the DNA analysis on more than This 25 percent increase in personnel will 4,000 forensic cases and with help to reduce work backlogs and provide the addition of more than 69,000 faster lab service on evidence from all crimes, offender DNA profiles into the including testing on firearms, latent finger- CODIS database, close to 1,000 prints, DNA and drug and toxicology testing. hits were achieved during the Seventy-eight employees have received train- year for the state. ing in order to begin examining evidence. Among the cold cases solved were: 51 homicides, 445 sexual Key: Key: CS = Controlled substances; FA = Firearms; TE = Trace evidence; LP =Latent prints; TOX = Toxicology. QD = Questioned docu- Timely service a priority assaults, 445 burglaries and ments. A goal for the Crime Laboratory Service thefts and 59 robberies. is to provide timely services. When it comes to drug cases and DWI cases, the labs define timely service as work completed within DNA Activity 30 days. By December 2008, essentially all drug cases and alcohol cases were completed 4000 within 30 days. These cases make up approx- 3500 imately 84 percent of all crime lab cases. 3000 Backlogs of other types of cases were 2500 also reduced during 2008, as shown in the 2000 chart (top right). 1500 1000 DNA data added to the CODIS database, 500 reducing backlog 0 DPS DNA analysts examined evidence 1996 1998 2000 2002 2004 2006 2008 in approximately 5,100 criminal cases during 2008, completing DNA testing on more than 4,000 of these cases. CODIS analysts added DNA data to the STR Cases Completed CODIS database on samples from 69,000 offenders during the year. This reduced Forensic analysts use short-tandem repeat (STR) to test minute and degraded bio- the backlog of offender samples awaiting logical evidence to determine a DNA profile. completion of testing by 22,000 samples—26

22 Texas Department of Public Safety Annual Report Texas Rangers

investigations of unsolved murders or what appear to be serial or linked criminal episodes.

Job Duties The responsibilities of the Ranger Division consist The Texas Rangers are the oldest law of conducting criminal and enforcement organization on the North special investigations; ap- American continent with statewide jurisdic- prehending wanted felons; tion. suppressing major distur- bances; protecting of life Personnel and organizational structure and property and rendering A suspect, who had threatened to harm his girlfriend, led officers on a pursuit that Today, the Rangers consist of 160 mem- assistance to local law en- ended when the suspect committed suicide in Huntsville. After the pursuit ended, bers, including 134 commissioned officers, a forcement officials in sup- the Texas Rangers investigated multiple crimes scenes related to the case. fiscal analyst, a forensic artist and 24 sup- pressing crime and violence. port personnel. The Rangers are supervised During the interview, the suspect confessed by a senior captain (chief), an assistant chief, Company A—Houston to his involvement in the aggravated robbery a Headquarters captain and lieutenant, seven that resulted in the death of the clerk. field captains and fourteen lieutenants. The Murder and robbery solved force is organized into seven companies, “A” On June 13, a male convenience store Crime scenes investigated following through “G”. Each of the seven company clerk was found shot to death inside the store. suicide headquarters has a captain, a lieutenant Bay City police investigators believed the On June 19, Montgomery County Sher- and two to four Rangers. Other Rangers are shooting occurred during a robbery attempt iff’s Office Communications broadcasted an stationed in various towns and cities in the and contacted the Rangers for assistance. “attempt to locate” on a Chevrolet pickup state, with each Ranger having responsibility Ranger Sgts. Kip Westmoreland, Joe Har- truck. The male driver was reportedly armed for a minimum of two to three counties, some alson and Noe Diaz responded to the scene. and had expressed intentions to harm an ex- with even larger areas. The criminal investigation resulted in the girlfriend. A Montgomery County Sheriff’s In January 2008, one Unsolved Crimes identification of a suspect vehicle and ulti- deputy and a Precinct 1 Constable’s deputy Investigation Team (UCIT) sergeant was as- mately, a suspect. On June 16, Ranger Sgts. located the suspect vehicle near Willis and at- signed to each of the seven companies. Each Westmoreland and David Maxwell and Bay tempted a traffic stop. The suspect refused to UCIT sergeant is responsible for conducting City investigators interviewed the suspect. stop and fled north on IH-45 through Mont-

Texas Department of Public Safety Annual Report 23 gomery County and into Walker County. The suspect shot at the officers, injuring Texas Ranger Division Criminal Statistics two and damaging their vehicles. State, coun- Jan. 1 - Dec. 31, 2008 ty and local agencies continued to attempt to Investigations/Offenses/Cases stop the suspect and exchanged gunfire with Developed: Totals Murder Robbery Burglary Theft Other* him. The suspect pulled into a rock quarry in Offenses/activities* 5,180 828 179 269 786 3,118 Huntsville where additional gunshots were Charged offenses 1,797 282 129 129 375 882 exchanged. The suspect’s vehicle crashed into a marked police car after he shot himself Completed: in the head. The suspect died while receiving Closed files 2,683 418 97 149 440 1,579 treatment at a Houston area hospital. Both Criminal/activity disp* 2,622 219 84 164 354 1,801 injured officers were transported to hospi- tals, treated and released. Ranger Sgt. Steven Number of arrests: 2,410 Number of convictions: 1,701 Jeter, along with other Company “A” Rang- ers, responded to multiple crime scenes and *Other is all other criminal offenses (fraud, forgery, assault, etc.). conducted the on-scene investigations. * Activities are warrant, civil, subpoena and fugitive.

Juvenile murder suspect to stand trial ered in a partially burned Chambers County female as a runaway. On July 8, Rangers On July 6, the body of a male was discov- residence. The Chambers County Sheriff’s Haralson and Huff and Chambers County Office requested assistance investigators traveled to Oklahoma. Ranger from the Texas Rangers. Rang- Haralson interviewed the adult suspect who er Sgts. Joe Haralson and Gro- claimed the juvenile killed the man and set ver “Frank” Huff responded to the house on fire. The suspect waived ex- the scene. Investigators deter- tradition, and Rangers Haralson and Huff mined that the man had been transported him back to Texas on July 9. murdered, and they suspected After he was back in Texas the adult sus- an adult male and a juvenile fe- pect admitted to his involvement in a physi- male had committed the crime. cal confrontation with the victim when the They believed the suspects may juvenile suspect began stabbing the victim. have fled to Oklahoma after the The juvenile returned to Texas, and she will murder. stand trial as an adult for murder. On July 7, law enforcement officers arrested the adult male Love triangle leads to murder charge suspect in Muskogee, Okla., on On September 7, the body of a male vic- Rangers Joe Haralson and Frank Huff investigated a murder in Chambers an unauthorized use of a motor tim was found in the living room of his resi- County. A juvenile female is scheduled to stand trial for murdering the victim, whose house (shown above) was set ablaze. An adult male, who fled to Okla- vehicle warrant from Texas. dence in Bronson. Investigators determined homa with the female, has also been indicted for this murder. Officers detained the juvenile that he had been shot with a shotgun through

24 Texas Department of Public Safety Annual Report a window, by someone standing outside the him with murder. He later house. Ranger Sgt. Pete Maskunas assisted confessed and implicated with the investigation and processing the the victim’s ex-wife, and crime scene. investigators corroborated Investigators identified a male suspect the suspect’s statements. and learned that he and the victim were both A cooperating individual romantically involved with the same female. made undercover recordings Additionally, the suspect had previously of conversations with the threatened the victim. Witnesses also saw the ex-wife, further implicating suspect near the victim’s house at the time of her. Officers also arrested the the shooting. A murder warrant was issued ex-wife and charged her with for the suspect, and he was arrested in Tyler murder. on October 24. Children kill mother and Company B—Garland are arrested Investigating a murder in Bronson, Ranger Pete Maskunas used a laser light to show the bullet’s path from the suspect’s shotgun, through a window and into the On September 12, victim’s house. Ex-wife charged with murder Ranger Sgt. Tracy Murphree On June 18, Ranger Sgt. Brad Oliver assisted the Roanoke Police Department with Investigators traveled to South Dakota assisted the Grayson County Sheriff’s Office a homicide investigation. The police depart- to interview the suspects and transport the with what began as a missing person inves- ment had received a call from the Yankton, juveniles to Texas. Witnesses informed the tigation. The victim was reported missing to South Dakota, Police Department concerning investigators of a plan the juveniles had the sheriff’s office by a woman who was later a vehicle that was registered to someone from to steal the victim’s vehicle and travel to learned to be romantically involved with the Roanoke. The vehicle was driven by a 16- Canada. Evidence collected from the victim’s victim. year-old juvenile who had been reported as a vehicle and the crime scene linked the juve- Investigators learned the victim had re- runaway. The two passengers in the vehicle, niles to the murder. All three suspects have cently gone through a bitter divorce and was a 17-year-old female and a 13-year-old male, been charged with capital murder. awarded the residence. However, his ex-wife were identified as the children of the car’s refused to move out, and eviction procedures registered owner. Two suspects arrested for capitol murder were initiated. The victim’s vehicle was The Roanoke police had received a On November 17, the Hunt County Sher- found abandoned at a nightclub in Dallas, welfare-concern call from the car owner’s iff’s Office requested the assistance of Rang- and his body was later discovered in Louisi- mother on the previous day. They discovered er Sgt. Laura Simmons in what was original- ana. the deceased body of the car owner at her ly reported as a missing person investigation. The investigation identified a suspect, residence. Ranger Murphree, Roanoke police Investigators located the victim’s vehicle and who was an associate of the victim’s ex-wife. and Denton County Sheriff’s Office investi- a 9 mm Ruger pistol with what was believed The suspect’s cellular phone records placed gators processed the crime scene. Evidence to be human blood. Ranger Simmons and in- him in the area where the body was located. indicated the victim was beaten and stabbed vestigators identified two suspects, one male Authorities arrested the suspect and charged multiple times. and one female. Ranger Simmons obtained a

Texas Department of Public Safety Annual Report 25 tempted murder/home invasion investigation. Witnesses told investigators an unknown male knocked on the door of their residence and shot the male victim in the face when he opened the door. Rangers Downs, Hood and Snyder processed evidence and photographed and measured the crime scene. Ranger Downs also constructed a detailed forensic map of the scene. The evidence they developed at the scene conflicted with witness statements. When Ranger Marshall Thomas processed a murder scene in confronted by investigators, the witnesses Turkey, Texas. A suspect was arrested and charged with admitted that they committed a burglary murder. earlier that same day, and one of the suspects, female, was beaten to death in her home in a juvenile, fired a stolen gun at the victim’s Tulia. Her boyfriend, recently paroled after face. He said he was unaware that the gun serving time for aggravated assault with a was loaded. He plead guilty to manslaughter At a murder scene in Lubbock County, Rangers collected deadly weapon, could not be located and and was sentenced to serve time in a Texas evidence that indicated the murder witnesses were lying. family members said there had been prob- Investigators sprayed a chemical used in forensic investi- state juvenile correction facility. gation called Bluestar at the scene (above) to reveal tiny lems between him and the victim. blood evidence that was invisible to the naked eye. Evidence helps lead suspect to confess confession from the male suspect who then On August 15, the Hall County Sheriff’s led investigators to the victim’s remains. Office requested the assistance of Ranger Sgt. Ranger Simmons assisted with processing Marshall Thomas in the murder investigation evidence and interviewing witnesses. Evi- of a male who was found deceased with three dence indicated the victim was shot at least gunshot wounds to the head in Turkey, Texas. three times. Ranger Simmons and investiga- Ranger Thomas processed the crime scene, tors from Hunt County obtained a confession collected evidence, interviewed witnesses from the female suspect. Both suspects were and attended the autopsy of the victim. On charged with capital murder. August 16, Ranger Thomas interviewed the suspect and obtained a confession from him. Company C—Lubbock The suspect was arrested on a murder charge.

Juvenile pleads guilty to manslaughter Modern tools aid in murder arrest On August 7, Ranger Sgts. Jamie Downs, On November 22, Ranger Marshall While investigating a murder in Tulia, Ranger Marshall Thomas used leucocrystal violet, a chemical dye, to locate Martin Hood and Todd Snyder assisted the Thomas assisted the Tulia Police in a homi- drag marks and bloody shoe prints on the carpet near the Lubbock County Sheriff’s Office with an at- cide investigation. The victim, a 55-year-old body. The victim’s boyfriend was charged with murder.

26 Texas Department of Public Safety Annual Report Using leucocrystal violet, a chemi- unauthorized use of a motor vehicle. by the mayor of Poteet. The victim alleges cal dye that enhances blood evidence not the sexual assault occurred sometime during completely visible to the naked eye, Ranger Victim tortured and killed by gang 2007 at the suspect’s place of business lo- Thomas located bloody shoe prints on the On May 5, Ranger Sgts. Dewayne Goll cated in Poteet. The Atascosa County district carpet near the body and drag marks (caused and Tony DeLuna traveled to Atascosa Coun- attorney requested Ranger Sgt. Tony DeLuna by the dragging of the body) into the master ty to assist the Sheriff’s office with a capital to assist with the preliminary investigation. bedroom. Ranger Thomas interviewed the murder investigation. The male victim had Ranger DeLuna interviewed witnesses victim’s boyfriend and noticed his shoe soles been tortured and killed in a rural field, and regarding the victim’s outcry. On September were similar to shoe prints found at the crime his body was found the next day. The vic- 23, investigators presented their findings to scene. Ranger Thomas examined the shoes tim had been cut, stabbed and shot, and his the Atascosa County grand jury, which is- and observed what appeared to be blood and ankles and wrists had been bound with duct sued true-bill indictments against the Poteet hair on the shoe sole and toe. Using Hemas- tape. The victim’s left hand also received mayor for aggravated sexual assault of a tix, a chemical used to detect the presence of severe trauma with several fingers partially child. Ranger Sgts. DeLuna and Shane Staley human blood, on the shoe showed positive severed. arrested the mayor at his place of business results. On November 14, Sgt. Thomas ar- without incident. rested the victim’s boyfriend for murder. Company E—Midland Company D—San Antonio Law enforcement investigates YFZ Ranch Assault suspect arrested in San Antonio On March 31, the Schleicher County On April 3, the San Antonio Police Sheriff contacted Ranger Sgt. Brooks Long Department contacted the Wilson County and advised him that a crisis center had Sheriff’s Office about an aggravated kidnap- received several “outcries” from a 16-year- ping and sexual assault that originated in La old female who was pregnant and had an Vernia. The suspect was detained by Wilson 8-month-old child. She also said she was County Sheriff’s investigators. Ranger Sgt. The investigation revealed the murder married to a 50-year-old man from the Yearn- Rodolfo Jaramillo responded to the crime was related to members of the criminal street ing for Zion (YFZ) Ranch in Schleicher scene at the motel in San Antonio. gangs, Aryan Brotherhood and Aryan Circle. County. The female requested to be removed Following a 911 call made by the victim’s It is also believed the victim was murdered from the ranch and made allegations of young son, investigators discovered that the because he had stolen drugs from the Aryan physical abuse from her husband. suspect abducted his estranged wife and son Brotherhood. After interviewing several indi- The YFZ Ranch is owned and controlled and drove them to the motel. At the hotel, the viduals, investigators arrested four suspects by the Fundamentalist Church of Jesus Christ suspect repeatedly assaulted and sexually as- for this homicide. of Latter Day Saints (FLDS). Ranger Long saulted his estranged wife while in the pres- prepared an affidavit for a search and arrest ence of his son. The suspect is charged with Mayor arrested for assault of juvenile warrant and was assisted by the 51st Assis- aggravated sexual assault, aggravated assault, On August 15, a 12-year-old female made tant District Attorney. On the same day, the two counts of aggravated kidnapping and an allegation that she was sexually assaulted 51st Judicial district judge signed a search

Texas Department of Public Safety Annual Report 27 warrant in San Angelo. Texas Department of the location north of the Snyder city limits, Family and Protective Services (CPS) ob- he was advised that an adult male had been tained a court order from the same District shot in the chest or neck area by another adult Judge ordering the interview of females be- male. tween the ages of 7 and 17 at the YFZ Ranch. Ranger Vandygriff, the Sheriff and Scurry Officers of the DPS, Midland, Tom County deputies processed and collected Green, Schleicher and Sutton County sher- evidence from the scene, ultimately locat- iff’s departments agreed to assist in the ing three vehicles that were at the scene. The search. Officers entered the ranch with CPS victim succumbed to his neck wound shortly investigators. The CPS investigators conduct- thereafter. Investigators identified a suspect ed interviews of young YFZ females inside and arrested him for the murder. He later pled Ranger Philip Vandygriff processed a murder scene near the ranch and obtained the names of young guilty to murder and accepted a sentence of Snyder. One piece of evidence was this gun (above). The females identified as potential victims. 50 years in the Texas Department of Correc- suspect pled guilty and received a 50-year sentence. CPS obtained additional orders from the tions Institutional Division. 51st Judicial District Judge in removing all found at the scene and in the victim. This sus- females under the age of 18 from the ranch. Fugitive and suspected killer arrested pect was a fugitive from justice in Colorado. Later, a subsequent court order was issued On July 22, Ranger Sgt. Brian Burzyn- to remove all children under the age of 17, ski responded to a manhunt near Iraan for Company F—Waco including males. CPS and law enforcement an adult male believed to have committed officers had believed the ranch was occu- several crimes, including capital murder in Mansion fire investigation continues pied by approximately 150 to 200 FLDS Crane County earlier that same day. After fa- On June 8, the Austin Fire Department members. During the removal process, it tally stabbing a homeowner, who was return- responded to a fire at the Governor’s Man- was determined that more than 450 children ing home from work, the suspect fled in the sion. The State Fire Marshal’s Office and the inhabited the ranch. victim’s vehicle and led officers on a multi- ATF began in investigation into the origin During the subsequent search, officers county pursuit before crashing the vehicle in and cause of the fire. Video surveillance foot- located information and documents show- a pasture in Pecos County. age from the mansion’s cameras identified ing evidence of criminal activity. Presently, Officers located and apprehended the the cause of the fire as arson, showing what a Schleicher County Grand Jury has returned suspect within miles of the crash site. Ranger appeared to be a man throwing an incendiary 23 indictments against 12 defendants, rang- Sgt. Jess Malone assisted the Crane Police device at the front door of the mansion. ing from sexual assault of a child and bigamy Department in processing and investigating Ranger Sgts. Jimmy Schroeder and to unlawful marriage ceremony to a minor. the crime scene at the victim’s residence. Rocky Wardlow responded to the scene on Ranger Burzynski submitted the knife be- the day of the fire to provide assistance to the Suspect jailed for 50 years for murder lieved to have killed the victim to the DPS State Fire Marshal’s Office and ATF. Investi- On May 4, Ranger Sgt. Philip Vandyg- Crime Lab in Lubbock for trace and ballistic gators collected video surveillance tapes from riff was called to assist the Scurry County examinations. On August 7, the lab informed locations near the crime scene and reviewed Sheriff’s Office with the investigation of a Ranger Burzynski that they had made a posi- the video to try to identify potential suspects shooting. When Ranger Vandygriff arrived at tive match of the broken knife blade parts or witnesses. In an attempt to locate possible

28 Texas Department of Public Safety Annual Report suspects, they also interviewed potential wit- Kyle Dean. A Kingsland resident confronted Office requested that Ranger Sgt. Robert nesses. This investigation continues. three individuals who were committing theft Matthews assist them with a murder inves- from an unoccupied neighboring home. As tigation. A vehicle was traveling north on a Coach indicted for sexual assault the suspects’ vehicle departed the scene, the road in Edinburg, when a Ford Taurus abrupt- On July 23, the Marble Falls Police De- Kingsland resident fired a handgun at the ve- ly entered the victim’s lane of traffic and partment requested the assistance of Ranger hicle, striking the vehicle and causing serious stopped in the roadway. Two male suspects Sgt. Garth Davis in a possible sexual assault bodily injury to one of the suspects, who was exited the Taurus and discharged multiple of a child investigation. A member of a select sitting in the back seat of the vehicle. rounds into the passenger’s side compartment basketball team, not affiliated with a public Emergency responders evacuated the and fled the scene. A 3-year-old female pas- school, reported that another member of the suspect by helicopter to a hospital in Austin. senger in the victim’s vehicle was shot in the team, a 16-year-old female, had received Ranger Dean assisted in processing the crime head and killed by the unknown assailants. sexually explicit text messages from the adult scenes and interviewing witnesses. On Au- Investigators arrested one suspect, and this male coach of the team and that he had pos- gust 5, the Kingsland resident was arrested. investigation continues. sibly had oral sex with the female. The injured suspect died on September 18, Ranger Davis interviewed several wit- and on November 9, a Llano County grand Murder suspect arrested nesses and the victim. They alleged that the jury indicted the resident for criminally-neg- On September 1, Ranger Sgt. Robert suspect had also sexually assaulted the victim ligent homicide. Hunter was contacted by the Webb County in the Houston area. Investigators drafted a Sheriff’s Office for assistance with a possible search warrant for the suspect’s residence Company G—McAllen homicide investigation. When Ranger Hunter in Lubbock, which was executed by Ranger arrived at the scene, he saw a person lying in Sgt. Todd Snyder. Ranger Davis obtained an Minor charged with capitol murder an open cesspool. The property owner identi- arrest warrant for the suspect for the offense On June 16, Ranger Sgt. Rolando Casta- fied the suspect, who was apprehended by of possession of child pornography, and the ñeda assisted the Harlingen Police De- U.S. Border Patrol agents at the IH-35 check- suspect surrendered himself to the Burnet partment with the investigation of a male point into Mexico. On September 23, Ranger County jail on July 28. schoolteacher’s body that was discovered Hunter presented this investigation to a grand On August 14, Ranger Sgt. Crayton Mc- in his apartment by apartment employees. jury and a true bill was returned. Gee obtained a warrant for sexual assault of The victim had stab wounds to his neck. His a child in Harris County. For this warrant, on vehicle, wallet and cell phone were missing. Texas Ranger Forensic Artist August 19, the suspect, who had previously Earlier that same day, officers had arrest- bonded out of jail, again surrendered himself ed a juvenile for driving under the influence, Texas Rangers Forensic Artist Suzanne to the Burnet County jail. On December 12, and he was driving the victim’s vehicle. As Lowe (Birdwell) assists law enforcement he was indicted on two counts of sexual as- a result of the investigation, the Rangers ar- agencies with multiple forms of investiga- sault of a child in Harris County. rested the juvenile, and he was charged with tive-related artwork, including composite capital murder. drawings, age progression updates of missing Neighbor shoots and kills suspected thief persons or dangerous fugitives, postmortem On July 30, the Llano County Sheriff’s Toddler murdered and suspect arrested drawings and facial reconstruction on or from Office requested assistance from Ranger Sgt. On July 29, the Hidalgo County Sheriff’s the skull. These images are used both to aid

Texas Department of Public Safety Annual Report 29 Snyder , who referred The suspect’s roommates saw the draw- them to Forensic Artist ing and called police. One of the victims Lowe. She met with the picked his driver license photo from a photo victim, who described line-up on Sept. 12, 2007. Local police put the suspect, and devel- Rufus Sito Nanez, III, 33, under surveil- oped a drawing of him lance, and later that same day, stopped him on Aug. 24, 2007. The for transporting a child without a safety seat. drawing was distributed They arrested him on previous warrants from to area media. “Wanted” another city. He had packed his truck in an posters were put up and attempt to leave town. In his truck, officers the image was sent to discovered the clothes that he had worn the law enforcement. morning of the Sept. 10, 2007, attack. Through investiga- DPS Crime Lab testing proved that the At the request of the Dumas Police Department, the Ranger’s forensic artist drew this rape suspect drawing (left). As a result of the investigation, which included the publica- tion, the police depart- clothing yielded the third victim’s blood. tion of the drawing, the suspect was arrested and given three life sentences. ment identified several Special analyses involving animal DNA were suspects, but exactly conducted at the veterinary genetics lab at in the apprehension of criminal offenders two weeks later, on August 27, another young the University of California—Davis, prov- and to assist in the identification of victims woman was attacked. She was taking out her ing that fecal matter on the suspect’s shirt of violent crime or otherwise questionable trash after nightfall and was grabbed from matched the third victim’s dog. Photos, taken deaths. Lowe travels throughout the state in behind with the suspect’s arm around her of Nanez on the day of his arrest, document- the performance of her duties, assisting local, neck. She bit him in the crook of his right ed semi-circular-shaped bruises in the crook county, state, federal and military law en- arm. A fire truck with its sirens going drove of his right arm, bruises on his stomach and forcement agencies in their investigations. past nearby, and the suspect fled. This victim scratches on the right and back of his neck. never saw his face. On Oct. 11, 2007, he was indicted on Serial rapist sentenced to life On Sept. 10, 2007, exactly two weeks three counts—aggravated sexual assault and On Aug. 13, 2007, around midnight, a 15- later, at approximately 5:30 a.m., a 27-year- two counts of attempted aggravated sexual year-old female was in the front yard of her old woman opened her back door into her assault. On Dec. 10, 2008, Nanez, 34, was grandmother’s house in Dumas when she was privacy-fenced backyard to let her puppy found guilty of two aggravated sexual as- grabbed from behind and “something sharp” out. A man forced the door open, put his left saults and burglary of a habitation with intent was pressed to her neck. A man dragged arm around her throat and dragged her into to commit other felony. He received three life her across the yard and hit her in the face as the yard. They struggled as he threatened to sentences. he attempted to remove her sweatpants. A kill her several times. She fought back, but neighbor, who heard the commotion, went he choked and raped her and then fled. She Rapist put behind bars for life outside to see what was happening, and the had seen the “wanted” posters and knew she On Aug. 11, 2006, a 72-year-old woman, male suspect fled from the scene. could add to the image. The next morning, living alone, was sexually assaulted in her The Dumas Police Department was Lowe flew to Dumas, interviewed the victim home in Cameron. The victim reported be- contacted. Then, they contacted Ranger Todd and developed a second drawing (left). ing attacked again on Sept. 16, 2006. DNA

30 Texas Department of Public Safety Annual Report Department requested assis- assault, second-degree felonies of robbery tance from the Texas Ranger and burglary with intent to commit theft and forensic artist in the form of a first-degree felonies of aggravated robbery composite drawing. Artist Lowe and aggravated sexual assault. met with the victim and devel- A year and a half later, two weeks before oped the drawing on April 18, his scheduled trial, on Oct. 31, 2008, Nelson 2007. The drawing was widely pled guilty to first-degree felony aggravated circulated by the media. sexual assault. This was with the under- Investigators arrested this man That same month, Ranger standing that the sentencing would include (above), who committed four rapes and multiple crimes in Cameron. A Matt Lindemann and the Cam- all charges to keep the victims from having multi-agency investigation, including eron Police Department were to testify, according to Milam County Dis- a composite drawing of him (left), informed of a case-to-case, trict Attorney Kerry Spears. Shortly before and DNA evidence led to his arrest. unsolved CODIS query match, Christmas 2008, 20th District Court Judge Ed linking the first three sexual as- Magre sentenced Nelson, 19, to life in prison. evidence from both assaults was submitted saults to an unidentified assailant. to the DPS Crime Lab in Waco. The same By the end of April, the results from the Texas Ranger Unsolved Crimes victim was sexually assaulted, yet again, in March 2007 attack were still pending, but Investigation Team her home on Feb. 16, 2007. The victim was public tips had identified Lloyd Anthony unable to state if it was the same suspect Nelson as a person of interest. A witness The Texas Legislature authorized the cre- each time and unable to provide a description then picked him out of a photo line-up, and ation of the Unsolved Crimes Investigation other than a “young, thin, black male.” For authorities took a DNA sample from him and Team (UCIT) on Sept. 1, 2000. Beginning the third time, DNA evidence was sent to the sent it to the DPS Waco Lab. in January 2008, one UCIT Ranger ser- DPS Crime Lab in Waco. By May 2, 2007, the Crime Lab had de- geant was stationed within each of the seven On March 19, 2007, an unknown black veloped Nelson’s DNA profile, which linked Ranger companies. Each UCIT sergeant is male forced his way into a 69-year-old fe- him to all four sexual assaults. Authorities responsible for conducting investigations of male’s Cameron residence. He threatened her also analyzed the fifth victim’s cell phone re- unsolved murders or what appear to be serial with a knife, sexually assaulted her and stole cords, which showed that the phone had been or linked criminal episodes within their re- her cash. Both the sexual assault kit and the used to call Nelson’s mother on the day after spective company. Because there is no statute victim’s wallet were sent to the Waco Lab for the fifth attack. of limitation for the offense of murder, the DNA and fingerprint analysis. The Cameron Police Department arrested state has a moral and statutory obligation to On March 26, 2007, an aggravated rob- Nelson for one charge of aggravated sexual pursue these cases to a successful resolution. bery and assault occurred at the residence of assault of an elderly person. While in jail on a 43-year-old female in Cameron by a young, May 4, 2007, Nelson was also served with Company C black, thin male. She was able to fight him arrest warrants on the other assaults. UCIT off and view his face. He stole her cell phone He was indicted in June 2007 on charges as he ran out the door. of first-degree felonies of burglary of habita- On Dec. 29, 2005, the skeletal remains On April 13, 2007, the Cameron Police tion with intent to commit robbery and sexual of an unidentified teenage male homicide

Texas Department of Public Safety Annual Report 31 victim were found in Lubbock County. Texas and submitted to the Ranger Company C UCIT Sgt. Tony Arnold University of assisted the Lubbock County Sheriff’s Office (UNT) DNA Identity in searching for additional remains. Laboratory, where the On Feb. 13, 2006, an original two-dimen- victim’s DNA profile sional forensic drawing was released to the was already on file. On media but produced no leads. On Oct. 18, Feb. 20, 2008, the UNT 2006, Ranger Arnold requested that the then- Laboratory reported the new Texas Rangers Forensic Artist Suzanne DNA profile from the Lowe conduct a facial reproduction of the skeletal remains matched skull. Lowe completed a three-dimensional the submitted DNA fam- reproduction of the skull and subsequently ily reference samples completed a new two-dimensional facial and the identity of the reproduction of the skull. 17-year-old male victim On Dec. 19, 2007, the DPS Public Infor- The investigation, including a DPS press release, with the forensic drawing (left) of was confirmed as Bernard the unidentified homicide victim, and the resulting media coverage led to the identifi- mation Office released the new two-dimen- Wilson. cation of the victim as 17-year-old Bernard Wilson (right) from Lubbock. sional facial reproduction to news media in On March 5, 2008, Texas, Louisiana, Oklahoma and New Mexi- Ranger Arnold and Lubbock County Sheriff’s co. The press release generated new leads to Office Investigator Doug Sutton located the the Texas Rangers and the Lubbock County 2005 murder scene of Bernard Wilson. Com- Sheriff’s Office. pany C Texas Rangers processed the three- As a result of the media release, family year-old crime scene. reference sample DNA kits were collected Ranger Arnold and Investigator Sutton from potential paternal and maternal sources identified and interviewed several witnesses and suspects, and murder warrants were issued for the suspects. On April 22, 2008, a Lubbock County grand jury issued indict- ments for the murder of Bernard Wilson for six suspects. The following is a list of the defendants and the sentences they received: Keyairra Brown, 29 years; Leslie Evans, 25 years; Carnell Littlejohn, 10 years; Joe Ra- gan, 10 years; Thamar Snyder, five years and Following an investigation involving the Lubbock County Wanda Wilson, five years. Sheriff’s Office, the Texas Rangers, their forensic artist and the DPS Public Information Office, Keyairra Brown pled The condition of the skeletal remains (shown above) guilty to murder on Dec. 22, 2008, and was sentenced to prompted a murder investigation by UCIT Ranger Tony 29 years in prison. In addition, five other suspects were Arnold and the Lubbock County Sheriff’s Office. sentenced to TDCJ for terms of five to 25 years.

32 Texas Department of Public Safety Annual Report Company F mandible, which is the lower jaw bone, was interviewed him. They obtained fingerprint UCIT missing and would be needed for an accurate and DNA evidence, and Metcalf confessed, reconstruction. On November 7, investiga- claiming self-defense even though he had Skeletal remains found and analyzed tors and forensic anthropologists conducted allegedly stabbed the victim more than 50 On April 9, 2000, a fishermen found a hu- a search at the original site, where the skull times. Ranger Cawthon arrested him on Oct. man skull in a rural area of Falls County near was found. In addition to a ground search, 14, 2008. The investigation and suspect’s the community of Blevins. Law enforcement the DPS Dive Team searched the stock tank. confession closed the oldest unsolved murder conducted a search and located additional Searchers found several more human bones. in the history of San Diego. The suspect is human remains, however they were unable to This investigation continues. currently awaiting trial in San Diego. identify the body. The skeletal remains were held as evidence until May 31, when Ranger UCIT helps solve oldest cold case in Murder of City Dog Catcher Sgt. Matt Cawthon released them to Forensic San Diego history On June 18, 2007, City of Bellmead Artist Suzanne Lowe. On Dec. 28, 1971, Gerald Jackson was Texas Animal Control Officer Bobby Ev- Lowe agreed to attempt a facial recon- stabbed to death in his apartment in San Di- ans was gunned down as he entered the city struction from the existing skull in an effort ego, Calif. The crime remained unsolved for animal shelter in a remote area of Bellmead. to identify the victim. After examining the 37 years, until an intern working for the San Ranger Sgt. Steve Foster (now retired) origi- remains, however, she explained that the Diego Police was reviewing old case files in nally assisted the Bellmead Police with the 2007 and discovered fin- investigation. gerprint evidence suit- In 2008, UCIT Ranger Matt Cawthon be- able for Automated Fin- gan an investigation that resulted in the arrest gerprint Identification of two suspects, Jerry Mack Newland and System (AFIS) submis- James Ramirez. Newland and Ramirez had sion. As a result, AFIS apparently been in the process of manufactur- identified the latent ing methamphetamine when Officer Evans fingerprint as belonging arrived at the shelter. The suspects, believ- to Gerald Metcalf, now ing that Officer Evans had discovered them, 62-years-old and living approached the officer and shot him several in Chandler, Texas. times in the back. In 2008, UCIT On Dec. 18, 2008, both Newland and Ranger Matt Cawthon Ramirez were indicted for murder by the began assisting the San McLennan County Grand Jury. Both suspects Diego Police in the are in custody and awaiting trial in McLen- case. He located Met- nan County. calf, and on August 27, UCIT Ranger Cawthon re-opened a case from the year 2000, in which only a hu- Ranger Cawthon and man skull was found. A search for additional human remains by law enforcement and anthropologists yielded more bones for investigators to examine in trying to solve the San Diego Police Homi- case. cide Detective John Teft

Texas Department of Public Safety Annual Report 33 Driver License

Driver Responsibility Program a defaulted installment agreement. All ac- counts with an installment agreement default Program enhancements were advised of the option to re-establish the During the 80th Legislative Session, agreement. Customers can also move their Legislators passed Senate Bill 1723, autho- due date to a more convenient time of the rizing the Department to implement ad- month based on their ability to pay. ditional collection methods for the Driver Responsibility Program (DRP). As a result, Legislative update the DRP vendor contract was amended to The House committees on Public Health introduce new methods of communicating and Transportation were charged with con- The Driver License Division (DLD) with surcharge customers in addition to mail- ducting an interim study of the effectiveness has 223 commissioned officers and 1,463.9 ing notices. In May 2008, Municipal Services of the DRP and providing recommendations noncommissioned employees for a total of Bureau (MSB) began mailing supplemental for increasing the collection rate of assessed 1,687.9 personnel. surcharge notifications and on Sept. 2, began penalties. In April, the joint committees The DLD is comprised of the following making courtesy telephone calls to surcharge held a hearing in which the DLD provided services: Administrative License Revoca- customers who are in default. an overview of the program. The hearing tion (ALR) Service, Field Service, Fraud During the first week of courtesy calls, prompted further contacts from various leg- Investigation Unit (FIU) and the Headquar- the vendor connected with 151 surcharge cus- islators to discuss the surcharge program and ters Service. The DL Headquarters Service tomers, some of whom indicated they were possible legislative changes for the 2009 ses- encompasses Customer Service, Driver not aware of the status of their driver license. sion. The DLD provided a presentation at the Improvement and Compliance (DIC), Driver By the end of November, more than 92,000 State Capitol on Nov. 17. The presentation Records and License Issuance bureaus. telephone contacts had been attempted. Of included a brief overview of the program, The mission of the DLD is to provide cus- this number, only 3 percent of the contacts a review of the current compliance rate and tomers with an exceptionally positive experi- actually reached the customer, a comparable strategies implemented to improve the com- ence, promote public safety and enhance safe percentage to the contact rates for other collec- pliance rate. driving on all Texas roadways by: tion programs. The most up-to-date telephone • Issuing quality driver licenses and and address information is available to the Public education identification cards. vendor via the U.S. Postal Service and other The Division continued to expand its • Collecting, maintaining and provid- services used for contacting as many custom- DRP education efforts with the publication of ing reliable accurate records. ers as possible. a pamphlet that covers program information. • Enforcing and administering laws in Additionally, the bill amended the proce- The DLD is coordinating with Texas court a way that upholds our reputation for integ- dure for installment plans. Implemented on and other associations to provide the pam- rity and fairness. June 23, surcharge customers can re-establish phlet for distribution to the public.

34 Texas Department of Public Safety Annual Report TexasSure expressed confidence in the information that it provides. The Department worked in conjunction The pilot program further with the Texas Department of Insurance, the satisfied expectations regard- Department of Information Resources and ing the integrity of the data. the Texas Department of Transportation to It was determined that the develop a database that identifies uninsured system was a beneficial tool for law enforcement. Statewide implementa- tion of the program began October 1. Statistics gathered drivers in Texas. The program consists of a for the first month of full secure database that currently matches 16 implementation indicated Texas Governor Rick Perry announces Texas Hold ’Em, a process for reporting million-plus vehicle registrations on passen- that nearly 2.3 million que- convictions of commercial drivers who have committed felonies by transporting ger vehicles to insurance records reported on ries were performed with 92 drugs or undocumented aliens in a commercial vehicle. personal auto insurance policies by more than percent returning a response. safety on the public roadways and the secu- 200 Texas insurance companies. The remaining 8 percent required additional rity of our nation’s border. In February, the multi-agency committee research. The program’s major initiatives include: for the Financial Responsibility Verification Program met and selected the name “Texas- Texas Hold ’Em Sure” with the tag line of “Vehicle Insurance Verification.” Additionally, the committee On June 19, Governor Rick Perry held worked together with the selected advertis- a press conference to announce the “Texas ing agencies to develop media goals and a Hold ’Em” initiative. This program, devel- media relations plan. The campaign, which oped by the U.S. Border Patrol in conjunction launched in June, incorporated a strong grass with DPS, establishes a process for reporting roots effort along with radio and outdoor convictions of commercial drivers who have media to reach target audiences. committed felonies by transporting drugs or In May, the Department completed undocumented aliens in a commercial ve- comprehensive testing and in June, the Texas hicle. Texas is the first state to participate in Highway Patrol (THP) in the Austin area this type of program. began a 60-day pilot of the program. The DPS participated in the Governor’s press database was used as an additional tool to conference to support the collaborative ef- assist law enforcement in verifying insurance forts between DPS and the U.S. Border Pa- at the time of a traffic stop. The assessment trol. DLD Chief Judy Brown provided infor- period included a focus group of several THP mation on the campaign’s positive impact to Driver License Chief Judy Brown speaks at the Texas Hold troopers who used the system extensively and promote the Department’s goal of increasing ’Em press conference held at the State Capitol building.

Texas Department of Public Safety Annual Report 35 • Disqualifying the commercial driv- the conviction and withdrawal in Texas in efficiently without the need for additional ing privileges of drivers convicted of felony order to ensure reciprocal action is taken in information to provide an accurate response. offenses. the driver’s home state. In addition, CSB management redistributed • Increasing awareness of the penalties work tasks so that contact center representa- for human smuggling and drug trafficking. Customer Service initiatives tives focus more time on live calls, increas- • A public service campaign to deter ing the ability to handle the number of calls illegal activity. The DLD began researching initiatives received daily. • Creating a “tipster” hotline, includ- to enhance customer service that could be With the implementation of these ini- ing rewards for information leading to felony rapidly implemented. Key areas for consid- tiatives, the CSB assisted 16 percent more smuggling convictions. eration focused primarily on enhancing the customers in November. This resulted in an As a result of the Texas Hold ’Em initia- connection with our customers. The DLD average of 47 percent calls answered and a tive, 106 cases have been filed, resulting in successfully implemented several initiatives reduction of wait-time in the call queue from the disqualification of the individual’s com- in 2008. 14 minutes to seven minutes, reducing cus- mercial driving privileges, including 22 life- On Nov. 3, the Customer Service Bureau tomer wait-time by 50 percent. time disqualifications. In one specific case, (CSB) implemented a compressed work week In addition, an e-mail tag line, including a Texas licensed driver committed a drug consisting of 10-hour shifts while continuing a link to the customer service survey, was offense using a commercial vehicle in 2002 eight-hour shifts in the Contact Center. This incorporated into the electronic signature of and then committed the offense of smuggling initiative was executed as a 90-day proj- all DLD personnel. By including this link illegal aliens in September 2007. This is the ect and extended the business hours of the in each e-mail, all customers are reminded first known repeat offender reported through Contact Center from 7:30 a.m. to 6:30 p.m., of the opportunity to participate in the DLD Texas Hold ’Em. In another case, one Texas Monday through Friday. This extension of Customer Service Survey. This provides driver was convicted of both transporting service helps to better meet the needs of our management with vital information related to undocumented aliens and using a commer- customers, improves the efficiency and time- workforce issues that affect the quality of ser- cial vehicle for drug trafficking. This driver liness of customer contacts and enables the vice delivered to our customers. The DLD’s received a lifetime disqualification. Contact Center to assist more customers on e-mail tag line reads as follows: “The Driver While some of the drivers committing a daily basis. Additionally, this new schedule License Division is committed to quality and offenses under the Texas Hold ’Em initia- allows the Contact Center to remain competi- excellence in customer service. Please share tive are licensed in Texas, 56 are licensed in tive with outside customer service centers by your thoughts with us via our online cus- other states, including: California, Michigan, providing our employees with a flexible work tomer service survey at http://survey.utexas. Arkansas, Oklahoma, Louisiana, Georgia, schedule to help meet family, community and edu/txdps/.” South Carolina, Mississippi, Tennessee, commuting obligations. Ohio, North Carolina, , New Mex- Further customer service initiatives Image Verification Section ico, Kansas and Nebraska. One recent case included the implementation of a new e- involved the smuggling of 50 illegal aliens mail template on the Department’s website The Image Verification System (IVS) was from Mexico, Honduras and Guatemala by that requires pertinent customer information approved by the 78th Legislature in 2003. a driver licensed in . All respective prior to the submission of a request. Contact It is a tool for comparing the facial images licensing jurisdictions have been notified of center representatives can then respond more of driver license (DL) and Texas Identifica-

36 Texas Department of Public Safety Annual Report tion (ID) card applicants to the existing file projection of the total cases expected, based deter identification fraud through the success- of driver license images to locate potential on the current rate of case assignment. ful application of investigative techniques matches under different identities. The IVS The IVS also has the capability to upload resulting in the arrest and prosecution of vio- vendor performed an initial “scrub” (search) external images from investigators to locate lators and to inform, advise and educate the of the entire driver license file of images and unknown individuals or to provide other public regarding DL fraud and identity theft. identified approximately 2.9 million DL and identities a suspect may have which could be Commissioned FIU personnel assume ID card records that required further evalu- the key to solving a case. This system is an the responsibility for investigating identity ation due to multiple image matches. An excellent tool for law enforcement and has theft and driver license fraud and conduct- image match occurs when more than one file proven to be successful. ing special assignments. The FIU also assists may contain the photo of the same person. In After Driver License Re-engineering DL commissioned officers, state, county, city May 2008, the DLD created an Image Veri- implementation, DL issuance employees will and federal agencies in their investigations fication Section consisting of 10 verification be able to verify the identity of the individual of criminal cases involving driver license specialists and one supervisor. identity theft and fraud and driver The directive of this section license counterfeiting. Also, the is to discover individuals and 2.9 Million Scrub Images Possible Matches FIU is responsible for internal groups of individuals that use IVS results May 1 - Dec. 10, 2008 investigations, including the mis- identity fraud to perpetuate • Total images reviewed – 99,036 conduct of DL employees. other crimes, including terror- • Total criminal investigations assigned – 780 ism. Cases suspected of having • Total clerical errors found – 13,451 Investigations possible criminal activity are • Percentage of criminal cases to date – approximately 8 percent sent to DLD commissioned • Anticipated future criminal investigations – 232,000 Thief assumes others’ identities officers for criminal investiga- A FIU trooper investigated tion. Additionally, this section an identity theft involving two works to identify any errors within the sys- at the time of issuance for a DL or ID card. Nebraska victims who have never been to tem and correct records accordingly. Additionally, all original DL or ID applicant Texas. The suspect fled from Nebraska to Commissioned DL troopers are expected photographs taken during the course of a Texas due to legal trouble and then assumed to handle thousands of criminal investiga- business day will be automatically compared, the identities of both Nebraska victims. This tions resulting from the IVS case assign- nightly, against all photographs on file by the suspect obtained Texas ID cards, under the ments. DL troopers are the subject-matter Image Verification Section. Suspicious activ- assumed identities of the victims, and used experts in DL fraud-related crimes. It is ity identified through this process will also be those cards in the course of criminal activ- expected that numerous arrests and prosecu- prepared for criminal investigation by DLD ity ranging from motor vehicle crashes and tions will result from these investigations. field and fraud troopers. traffic citations to criminal arrests. Investiga- Above is a graph showing a breakdown of tors identified the suspect using fingerprint the investigations assigned thus far, includ- Fraud Investigation Unit analysis from Nebraska criminal records and ing records that received a potential match the suspect’s Texas ID card applications. The indication that were not fraudulent attempts The mission of the DL Fraud Investiga- suspect is currently incarcerated on unrelated but clerical errors. The table also includes a tion Unit (FIU) is to identify, eliminate and charges. The investigating FIU trooper ob-

Texas Department of Public Safety Annual Report 37 tained a written confession from the suspect of victims with high credit scores to facili- and sale of fraudulent Texas driver licenses, for the crime of identity theft. tate the purchase and financing of vehicles. ID cards, Social Security cards and perma- The suspect engaged in organized criminal nent resident cards at a Houston flea market Identity theft ring uncovered activity, along with his accomplice, who had located on Windswept Drive. While acting in The Oakridge North Police Department outstanding warrants in Hays, Travis and an undercover capacity, FIU troopers pur- requested the assistance of the FIU in an Williamson counties. The suspect and his ac- chased a Texas ID from an ID shop located investigation of an identity theft ring. An complice are also under investigation by the inside the flea market. During the operation, Oakridge North patrolman had observed a Brownsville, Georgetown and San Marcos they obtained warrants and seized all equip- suspicious vehicle in the parking lot of a police departments for similar offenses and ment used in the manufacturing of the coun- local business. The patrolman stopped the narcotics violations. terfeit Texas driver licenses and ID cards. vehicle and subsequently arrested both occu- pants. Investigators charged the two suspects with fraudulent use and possession of identifying information, forgery, posses- FIU Generated Activities sion of marijuana and theft of a firearm. Jan. 1 - Dec. 30, 2008 During Oakridge North’s investigation, • Total cases assigned and investigated – 184 investigators determined that the two sus- • Total cases resulting in arrest – 30 pects arrested were connected to a much • Total warrants – 8 larger identity theft ring in Houston. • Task force assignments – 15 FIU Troopers investigating the case • Subject matter expert assistance – 100 identified six other criminals with ex- tensive criminal affiliations. The inves- tigation resulted in one subject receiving a Identity Theft investigation uncovers one-year sentence to the Texas Department voter fraud of Criminal Justice. Another subject had his A suspect assumed the identity of another parole revoked for theft and forgery. Inves- by presenting documentation and making tigation of a third suspect by FIU troopers false statements to obtain a Texas driver li- resulted in two charges of tampering with a cense. In addition, the suspect used the Texas government record to defraud or harm, which driver license as identification while making is a second-degree felony. false entries on a voter registration applica- tion with the Bexar County Elections Depart- Financial Crimes Task Force identifies ment. A FIU trooper obtained a third-degree organized identity theft criminal activity felony warrant on the suspect for fraud. A FIU trooper, working with the Central Texas- Financial Operation Windswept Crimes Task Force, investigated a suspect A FIU trooper initiated operation “Wind- who was using the identifying information swept,” involving the illegal manufacturing

38 Texas Department of Public Safety Annual Report Administration

The Administration Division provides a sponses within 12 seconds to inquiries from children, the elderly and persons with dis- wide variety of core support functions for the police departments, sheriffs’ offices and other abilities. Through a contractor, the Crime Department. The division includes the Crime criminal justice users. TCIC also provides a Records Service has deployed a network of Records Service, the Regulatory Licensing direct link to the NCIC so that law enforce- livescan fingerprinting devices across the Service and the Staff Support Service. ment officers throughout Texas know instant- state to serve these non-criminal justice ap- The division has 886.5 employees—59 com- ly whether a vehicle, a boat or other property plicants. In 2008, that fingerprinting service missioned and 827.5 noncommissioned. under investigation is stolen or a person is electronically captured the fingerprints and wanted anywhere in the country. photographs of approximately 500,000 indi- Crime Records Service The UCR program gathers data on crimes viduals and transmitted that data to the Crime reported to, or known to, the police and Records Service for criminal history back- The Crime Records Service is the Texas publishes these statistics semiannually. The ground searching. state control terminal for three national crim- statistics are used by researchers and policy The Texas Data Exchange (TDEx) is a inal justice programs: the National Crime makers to study trends, allocate resources law enforcement incident sharing system Information Center (NCIC), the national and set policy. designed to be used by all local law enforce- Uniform Crime Reporting (UCR) program Under Texas law, all persons arrested ment agencies in Texas as a significant aid to and the Interstate Identification Index, which for offenses categorized as Class B misde- investigations. During 2008, TDEx historical is a national index of criminal history re- meanors and above are fingerprinted. The data from 2004 to present was forwarded to cords. Each system requires the compilation fingerprints are sent to the Crime Records the FBI’s National Data Exchange for inclu- of records from local agencies throughout Service for processing through the Automat- sion in the national file as it begins produc- the state into a statewide file from which ed Fingerprint Identification System (AFIS). tion. The daily updates to that file are also data is forwarded to FBI national databases. After the person has been identified through sent to the FBI. In addition, the Crime Re- The systems provide critical operational data AFIS, the arrest data is entered into the Texas cords Service is responsible for the statewide to law enforcement agencies in Texas and Computerized Criminal History file and is sex offender registration database, which throughout the country. available over TLETS to all law enforcement compiles sex offender registration informa- The Texas Crime Information Center agencies in Texas. More than 80 percent of tion it receives from local police agencies re- (TCIC) provides immediate access 24 hours the fingerprints submitted to DPS are sent sponsible for handling sex offender registra- a day, seven days a week to law enforcement electronically via livescan devices that take tion. There were more than 50,000 registered agencies throughout the state to data regard- fingerprints electronically rather than by the sex offenders in Texas at the end of 2008. ing the status of stolen property and the old ink-and-paper method. wanted, missing, sex offender or protective The Texas Computerized Criminal His- Regulatory Licensing Service order status of persons. TCIC is accessed via tory file is also used by authorized licensing the Texas Law Enforcement Telecommunica- and employment agencies to screen persons The Regulatory Licensing Service admin- tions System (TLETS), which provides re- for positions of trust, especially related to isters concealed handgun and private security

Texas Department of Public Safety Annual Report 39 licensing and regulation responsibilities. cord. A concealed handgun license is issued Building Program Bureau The Private Security Bureau adminis- for four years for first-time applicants and The Building Program Bureau (BPB) ters Chapter 1702 of the Texas Occupations for five years for a renewal. The bureau takes works with Department employees, the Texas Code. Functions include the commissioning action to suspend or revoke licenses when Facilities Commission, architects, engineers, of private security officers, the licensing of statutory provisions are violated. contractors and regulatory agencies to coor- companies and the registration of the fol- The bureau also certifies qualified hand- dinate building design, renovation and new lowing individuals: private investigators, un- gun instructors following a process very construction projects, as well as the purchase armed security officers, alarm system install- similar to the concealed handgun license ap- of land. ers, security salespersons, personal protection plication activities. An individual desiring The bureau also manages telephone ser- officers, private security instructors, security to be licensed to carry a concealed handgun vices and equipment, coordinates headquar- consultants, locksmiths and electronic access must obtain an application for a concealed ters recycling efforts and assists field offices installers. Companies licensed include private handgun license, and then attend a course with major repairs as well as environmental investigation, guard, alarm system, guard taught by a certified concealed handgun in- projects including underground and aboveg- dog, armored car, electronic access control, structor that is no less than 10 hours and no round storage tanks. The Department owns armed courier and locksmith companies. more than 15 hours in length for the initial 148 office buildings and 121 storage, shop In 2008, the bureau participated in the license. The bureau administers the applica- and radio transmission equipment shelters agency’s disaster relief efforts as a result tion and review process in coordination with throughout the state. BPB maintains approxi- of Hurricane Ike. Private Security Bureau other DPS areas for the field background mately 1,977,745 square feet of floor space at troopers provided law enforcement support investigations of applicants, creation of the headquarters and in the eight regions. and ensured Private Security Act compliance actual concealed handgun license document, On September 12, Hurricane Ike struck from those companies responding from out of training of handgun instructors and other the shores of Texas, leaving devastation in its state. The Private Security Bureau Licensing necessary functions. path. The BPB responded quickly, providing Section also provided support during Hur- and installing an emergency portable genera- ricane Ike by establishing a temporary licens- Staff Support Service tor in Beaumont and assessing the damage to ing monitoring system for those security DPS facilities. Minor repairs quickly com- companies providing support from adjacent Staff Support Service performs many di- menced and major repairs to the Galveston states. verse support functions for the commissioned facility are in the planning stages. BPB also The Concealed Handgun Licensing Bu- and noncommissioned employees throughout assisted with repairing minor damages to the reau processes applications for Texas con- the state, as well as providing services for facilities caused by Hurricanes Gustav and cealed handgun licenses under Chapter 411 other state agencies and the general public. Dolly. of the Texas Government Code. The purpose The service consists of the following bu- Building Program completed major reno- of the concealed handgun licensing statute reaus: Building Program, Fleet Operations, vation projects in the Abilene Crime Lab, the is to enable eligible individuals to carry a General Services, Human Resources, Psy- Corpus Christi Crime Lab, the Texas Fusion concealed handgun on or about their persons. chological Services and the Training Acad- Center, the Victoria Area Office, the Brown- Activities include evaluation of the applica- emy. Staff Support Service also includes the wood Area Office and the Denton Area Of- tion to determine eligibility, creation of the Equal Employment Officer. fice. license and maintenance of the license re- Staff also oversaw several minor renova-

40 Texas Department of Public Safety Annual Report tion projects, such as the Ranger offices in Fleet Operations Bureau the installation, maintenance and repairs of Laredo, the Information Management Service Fleet Operations is responsible for the fleet vehicles, communication equipment and offices at Headquarters, the Region 7 (Capi- acquisition, installation, maintenance and any other associated emergency equipment. tol) offices in Austin and building a computer disposal of vehicles, two-way communica- During 2008, the Bureau was heavily classroom in the Headquarters Training Acad- tions and the associated emergency equip- involved throughout the year with the instal- emy. ment used by the Department. lation of the in-car computer systems in the Construction was completed on the new The bureau manages a fleet of approxi- patrol vehicles. Communications technicians Waxahachie Area Office in November. mately 3,712 vehicles and consists of the Au- and installers were dispatched throughout the Several major construction projects are tomotive Shop, the Communications Shop, state to perform the installations. This new underway in Garland, Bryan and Waco and the Parts Department and the Fleet Office. project also significantly challenged the Parts they are slated for completion in 2009. The Automotive and Communications Shops Department, which not only had to purchase Building Program is supervising the are full-service facilities capable of handling all of the equipment, but also was tasked with design of an emergency vehicle operations course in Florence, a regional office in We- slaco, a regional office in Lubbock, as well as Physical Readiness Testing crime laboratories in Abilene, Tyler, Corpus Christi, El Paso and Houston. An area office DPS has been conducting employee physical readiness testing since August in Rio Grande City is planned. 1, 2006, in compliance with a 2005 legislative rider that required the Department to develop a minimum physical standard that all commissioned employees under Equal Employment Opportunity Schedule C must meet to receive any promotion or legislative pay increase. A 2007 (EEO) Office bill added meeting the standards as a requirement of employment in Schedule C The EEO Officer is responsible for ensur- commissioned positions. ing compliance with federal and state statutes The Department developed and validated seven physical activities to gauge governing employment law, discrimination the physical preparedness of our commissioned officers. Employees unable to pass and sexual harassment. As part of this re- all seven activities are provided the opportunity to participate in alternate scenario sponsibility, the EEO officer receives and testing. The validated Job Task Scenarios are three timed events that commissioned processes complaints of discrimination and members of the Department could reasonably be expected to encounter and overcome harassment from applicants and employees in their duties as peace officers that demonstrate minimum physical abilities required in collaboration with the Employee Relations for the job. Office. Fiscal Year 2009 is the final year of a three year phase-in of the mandatory testing, The EEO officer is charged with provid- and the Department is currently testing at the 100 percent standard. At the end of ing EEO and sexual harassment prevention FY2008, the Department employed 3,444 commissioned officers. Of those, 3,340 (97 training to all new headquarters employees percent) have a passing score on file at the 80 percent level or higher. Only 44 officers during their initial orientation session. The have been unable to meet the standards at any level; however, we also have 47 officers EEO officer also coordinates this training for who have temporary medical conditions that prevent them from testing and 13 officers Department employees hired in field loca- who are on military leave or currently suspended. tions.

Texas Department of Public Safety Annual Report 41 the responsibility of getting it to the instal- than 70,000 Concealed Handgun License The Risk Management Section pro- lation site so that the aggressive installation packets. cessed a total of 576 workers’ compensation schedule could be met. With the redirection claims resulting in lost time from work or of most of the resources from the Communi- Human Resources Bureau medical expenses for the agency that totaled cations Shop to support the in-car project, the The Human Resources Bureau is respon- $2,260,000 in 2008. Automotive Shop was called on to provide sible for training and advising Department The Employment and Compensation Sec- significant assistance with the new car instal- management staff and employees regarding tion performs job analyses and evaluations on lation process throughout the year. human resources policies and procedures. agency positions, conducts market surveys General Services Bureau The staff ensures compliance with the on local, state or national levels, makes rec- The General Services Bureau provides Family and Medical Leave Act, the Fair ommendations for appropriate classification support for Department employees through Labor Standards Act, the Americans with and equitable compensation as well as career the General Services office staff, Mail Opera- Disabilities Act, the State Workers’ Compen- ladders and composes/revises agency job de- tions, Reproduction, General Stores/Receiv- sation Act and the State Classification Act. scriptions. The section also oversees agency ing Warehouse and Surplus Property sections. The staff also administers the Department’s job announcements, posting 1,330 vacancies The General Services Office Staff manag- sick leave pool, other extraordinary leave and processing and testing approximately es the sales of publications, including various programs and the mandatory drug testing pro- 18,536 applicants for employment in 2008 forms and books used by the public and other gram. The bureau is the custodian of records through November. law enforcement entities, and it is responsible of 8,125 current employees and 4,426 former for issuing and distributing department manu- employees. Psychological Services als and revisions. The Recruiting Office provides an on- The Psychological Services Bureau pro- General Stores/Receiving Warehouse is going recruiting effort to attract qualified vides a comprehensive program of psycho- responsible for purchasing and maintaining applicants for Department commissioned po- logical services to DPS employees and family stocked inventory and issuing supplies. In sitions. During 2008, the office tested 448 ap- members, to victims of crimes and to affected 2008, this section destroyed 588 confiscated plicants to fill three recruit schools, ultimately communities. firearms, outfitted 241 recruits (three schools) offering positions to 268 of those applicants. The bureau consists of a staff psycholo- and processed 4,500 items of surplus property The office also conducts ongoing physical gist, a victim services director and two ad- through the Receiving Warehouse. readiness testing for current employees on a ministrative assistants located at headquarters Reproduction consists of Graphics, Quick regular basis throughout the year and coordi- in Austin. The staff also includes 14 associate Copy, Print Shop and Bindery. In 2008, the nates the DPS trooper-trainee internship pro- psychologists stationed at regional headquar- section printed 1,900 General Manuals, creat- gram. ters and district offices throughout the state. ed, updated and maintained more than 2,000 The Law Enforcement Promotional Sec- Programs operated by the bureau consist of numbered forms, completed 2,337 jobs and tion administers the promotional process for specific services provided by the staff psy- printed more than 45 million impressions. commissioned positions and some noncom- chologist, Victim Services, Critical Incident Mail Operations folded/inserted 2,111,736 missioned positions. In 2008, the office ad- Response Team and the Employee Assistance items of outgoing mail (a 3 percent increase ministered 46 separate promotional processes Program. The Bureau also provides admin- over 2007), metered 4,303,568 items (a 7 per- that resulted in 2,000 applications and 255 istrative oversight for the Department’s 50 cent increase over 2007) and prepared more candidates being placed on eligibility lists. volunteer chaplains and provides

42 Texas Department of Public Safety Annual Report and administrative support for the Depart- more than 226 different courses for a total of provides the resources to encourage ment’s Veterans Assistance Program. 552,024 training contact hours in the three individual values, growth and opportunity by From January through November, the major programs: Recruit School, In-Service providing instruction on a variety of topics staff psychologist conducted 145 individual Schools and Specialized Schools, a 23 per- spanning management and supervisory psychotherapy sessions. The victim services cent increase in the total student contact issues, employee communications issues, director and regional counselors assisted hours provided from 2007 and includes grad- professional development, safety, wellness 3,352 crime victims, providing assistance uation of three recruit schools—C-07, D-07 and motivation. The Administrative Training to 1,091 victims on an ongoing basis. The and A-08 for a total of 272 new troopers. Unit conducted a training needs assessment volunteer chaplains contributed 2,010 hours In November 2007, voters approved for each division and is developing to serve crime victims. The Critical Incident bonds for the construction of the Emergency curriculum to meet those needs and using Response Team had 104 contacts and the Vehicle Operation Center in Florence. The different delivery mechanisms for learning, Employee Assistance Program reported 58 center will be a state-of-the-art driving facil- such as e-learning and interactive video requests for assistance from employees and ity, filling a tremendous void in police driver simulcast. their family members. training for all law enforcement in Texas. Other activities for 2008 include respond- The preliminary phase of construction began Motorcycle Safety Unit ing to the line of duty death of Trooper Scott in October 2008. The first phase involves The Motorcycle Safety Unit administers Burns in May by providing services to his construction of the skills pads for recruit the Texas Motorcycle Operator Training family, friends and co-workers. Bureau staff driver training in 2009 with the remainder and Safety program and the ATV Education also provided services to the victims and first of the project scheduled to be completed by and Certification program. Contracted responders involved in the raid on the Yearn- March 2010. basic and advanced motorcycle operator ing for Zion Ranch in Schleicher County in City, county and federal agencies fre- training courses are offered in more than 100 April and to emergency responders in the quently use the Florence firing range. The locations across Texas. The courses include wake of Hurricane Ike in September. Florence staff regularly tests equipment, such 15 hours of instruction consisting of five as protective vests, weapons and ammuni- hours of classroom and ten hours of range Training Bureau tion. The range personnel facilitated the tran- activities. More than 41,000 Texans attended sition from the Remington 870 pump shotgun motorcycle training in 2008. The Training Bureau provides an array to a Mossberg M590A1 shotgun with higher of training courses to the Department’s com- round capacity as a result of their recom- missioned and noncommissioned employees mendations. The Florence staff continues to and officers from other local, state and fed- provide basic and advanced firearm training eral law enforcement agencies. The bureau is with individualized training as needed. The comprised of the Training Academy, Admin- Training Academy staff instructed 63 percent istrative Training Unit and the Motorcycle more new concealed handgun license instruc- Safety Training Unit. tors in 2008 from the previous year.

Training Academy Administrative Training Unit In 2008, the Training Academy instructed The Administrative Training Unit

Texas Department of Public Safety Annual Report 43 Governor’s Division of Emergency Management

During activation, The Emergency Management Division the State Operations (EMD) is charged with carrying out a com- Center (SOC) fills up prehensive all-hazards emergency manage- with representatives ment program for the state and assisting from state, federal cities, counties and state agencies in imple- and voluntary menting their own emergency management agencies, and the programs. The Division, led by Chief Jack private sector. The Colley, has 176 employees and an organized SOC serves as the corps of part-time disaster reservists who are state warning point activated during disasters. and primary state A comprehensive emergency manage- direction and control facility. ment program includes pre- and post-disaster mitigation of known hazards to reduce their impact; preparedness activities, such as emer- gency planning, training and exercises and public awareness campaigns; provisions for effective response to emergency situations; and recovery programs for major disasters. EMD is also responsible for supporting de- the state’s response to a potential outbreak of Training is conducted at facilities in Austin velopment and implementation of the Gover- pandemic influenza. EMD promulgates state and locations around the state by the EMD nor’s homeland security strategy, coordinat- standards for local emergency management staff and instructors from other state agen- ing joint state and local border security ac- plans, assists cities and counties in develop- cies. During 2008, EMD training programs tivities, and administering homeland security ing emergency plans and reviews those plans delivered more than 65,000 student-hours of grant programs in the state. for compliance with state planning standards. instruction. During 2008, the EMD Plans Unit reviewed The Training Unit also assisted local gov- Preparedness more than 2,000 local planning documents ernments in planning and conducting emer- EMD maintains the State of Texas Emer- from local governments throughout Texas. gency exercises to test plans and procedures, gency Management Plan and other special- The EMD Training and Exercise Unit training and equipment and monitored local ized state emergency plans, such as the State provides a diverse curriculum of emergency emergency exercises. Hurricane Evacuation and Sheltering Plan management and hazardous materials train- EMD sponsors a program of regional and the Drought Contingency Plan. The Pre- ing for state and local emergency responders, and state-level emergency exercises funded paredness Section worked with the Depart- state, local and regional officials and vol- by homeland security grants. Exercises are ment of State Health Services on planning for unteer groups that respond during disasters. planned, conducted and evaluated by a con-

44 Texas Department of Public Safety Annual Report The EMD Preparedness Section admin- of threats and provide information on emer- isters U.S. Department of Homeland Secu- gency incidents to local, state and federal of- rity Emergency Management Performance ficials. Grants, which support both state and local The SOC staff coordinates state assis- emergency management programs. EMD tance to local governments when the capa- contracts for operation of a statewide mutual bilities and resources available to those gov- aid system, incident management training ernments are insufficient to deal with emer- and emergency shelter and mass care sup- gency situations. During major emergencies, port. The Preparedness Section also operates the state agencies and volunteer groups that the Special Needs Evacuation Tracking Sys- comprise the state Emergency Management tem (SNETS), which is used during major Council, other volunteer groups, industry disasters to identify and monitor the location partners and liaison teams from federal agen- and status of evacuees with special needs, cies convene at the SOC. They identify, mo- pets and companion animals and evacuation bilize and deploy state and industry resources buses. The SNETS received recognition as and volunteer groups to respond to emergen- part of the Computerworld Honors Program cies. and an excellence award for innovative tech- EMD’s Regional Liaison Officers (RLOs) nology from the Texas Association of State are the Division’s eyes and ears around the Systems for Computing and Communica- state. They assist local officials in conduct- tions. ing emergency preparedness programs, teach The Preparedness Section and other a variety of emergency management courses EMD staffers also organized the 2008 State and identify needs. They also advise local of- Hurricane Preparedness Conference con- ficials during incidents and disasters and help ducted in Galveston. More than 2,000 state coordinate state emergency resource support and local emergency responders and officials for local governments. attended the Hurricane Conference. The In 2008, the SOC monitored more than 2008 State Homeland Security Conference, 6,200 incidents around the state and EMD A surge marker displayed in the DPS scheduled for December in San Antonio, was Regional Liaison Officers carried out field Headquarters lobby gives some perspective on postponed until March 2009 due to ongoing responses to more than 600 serious local in- how much water a hurricane can bring onshore disaster recovery operations for Hurricane cidents. during a storm surge. Ike. Border Security Operations tractor with input from EMD and the partici- Threat monitoring and The Border Security Operations Center pants; 21 state and regional exercises were emergency response coordination (BSOC) planned, coordinated and evaluated conducted during 2008. Cities and counties EMD manages and staffs the SOC, which joint state and local border security opera- reported that they conducted more than 150 operates around the clock to monitor threats tions intended to supplement the efforts of emergency exercises during the year. and ongoing incidents, make notification Federal law enforcement agencies to keep

Texas Department of Public Safety Annual Report 45 criminals from exploiting the porous Mexico cies, school districts, public hospitals and State Administrative Agency operations border. Representatives of state, local and other eligible public entities to develop pub- The EMD State Administrative Agency federal agencies and contractors staff the lic assistance projects to repair or reconstruct (SAA) administers U.S. Department of facility. The BSOC planned and coordinated facilities that have been damaged or de- Homeland Security (DHS) grants for home- a large number of joint law enforcement op- stroyed in disasters and to replace equipment land security programs and projects within erations throughout the year along various rendered unusable by disasters. Most recov- the State. In 2008, the SAA continued to sections of the Texas border and the South ery programs are supported by federal di- administer approximately $490 million in Texas coast. EMD contractors served as bor- saster grants that require a state or local cost 2005, 2006 and 2007 DHS homeland secu- der liaison officers to support border security share. In 2008, the EMD Disaster Recovery rity, infrastructure protection and specialized operations at six joint operations intelligence staff provided more than $130 million in grant programs. The vast majority of all grant centers in El Paso, Marfa, Del Rio, Laredo, public assistance funding to state agencies, funding is awarded to local governments, Edinburg and Victoria. local government and other eligible organi- emergency response organizations, state In previous years, border security activi- zations for disaster recovery projects. agencies and other eligible entities to enhance ties were funded by a variety of state and fed- their prevention, emergency preparedness and eral grants. In 2007, the Legislature appropri- Hazard Mitigation response capabilities. ated funding specifically for border security The EMD Mitigation Section admin- During the year, the SAA received some activities for fiscal years 2008 and 2009. istered a number of annual pre-disaster $184 million in new DHS FY 2008 grant EMD has been administering a series of mitigation grant programs for local and re- funding for 13 different grant programs that grants that will total more than $60 million in gional entities during 2008. The section also will be distributed to local governments, state state funds over two years to local and state administered post-disaster federal mitiga- agencies and other eligible entities to fund law enforcement agencies for border security tion grant programs for local governments approved homeland security projects. operational costs, training and specialized and state agencies authorized for previous equipment and technology. disasters, as well as new disaster mitigation 2008 major emergencies and disasters grant programs authorized in the aftermath EMD began 2008 with the SOC at Level Disaster Recovery of recent federally-declared disasters. The I (Emergency Conditions) to support wildfire In the aftermath of a major emergency or EMD Mitigation staff also administered the response operations. The fire threat con- disaster, EMD Disaster Recovery personnel federal repetitive flood claims grant program tinued to increase and spread to 75 percent deploy to disaster impact areas to perform for Texas, which buys homes that have been of the counties in the state during the next joint damage assessments with local and repeatedly damaged during floods. three months, with more than a million acres federal officials and to begin implementing During 2008, the EMD Mitigation Sec- burned. The Texas Forest Service, Texas De- FEMA individual assistance programs to aid tion distributed approximately $49 million partment of Transportation and Texas Mili- individuals and families that have become in federal funding to local governments and tary Forces took the lead in Texas’ wildfire disaster victims and whose homes, businesses other entities for more than a dozen pre-di- response, but a number of other states also and personal property have been damaged or saster and post-disaster mitigation programs provided firefighters and equipment to battle destroyed. dating back to 2000 that were still in prog- the fires. EMD Recovery personnel also work ress during 2008. On March 14, the President approved an closely with local governments, state agen- emergency declaration (EM-3284) for 184

46 Texas Department of Public Safety Annual Report counties in Texas due to the wildfire threat. SOC for several weeks in April to coordinate volunteer groups and industry partners car- The declaration authorized FEMA to provide shelter, mass care and medical support in San ried out a major shelter and mass care op- emergency protective measures (Category Angelo for at-risk children and other family eration plus a large-scale logistics effort to B), limited to direct federal assistance under members removed from the FLDS Yearning move food, water, ice and other supplies to the Stafford Act for uncontained fires begin- for Zion Ranch by state and local law en- affected areas. ning March 14. Thirty-two additional coun- forcement agencies at the request of the De- In response to a request from Governor ties were approved for the same assistance partment of Family and Protective Services. Perry, President Bush authorized a federal on March 24 and 13 more were approved The SOC was activated on July 20 to major disaster declaration (DR-1780) for the on March 27, bringing the total number of carry out preparedness activities for Hur- storm on July 24, and FEMA activated the counties approved for this declaration to 229. ricane Dolly. Dolly made landfall on South tele-registration system for disaster victims Significant numbers of wildfires continued in Padre Island on July 23 and caused wide- to enroll for individual assistance programs most areas of the state into the early summer. spread power outages and major and persis- shortly thereafter. A joint field office staffed Elements of the state emergency man- tent flooding in large areas of the lower Rio by FEMA and EMD recovery, mitigation and agement organization were activated at the Grande Valley. State and local governments, community outreach personnel was estab- lished in McAllen to coordinate recovery op- erations with local governments and eligible non-profit organizations. More than 38,000 people registered for disaster assistance and FEMA approved more than 1,100 disaster re- covery projects for local governments, state agencies and other public entities. On August 3, the SOC and the Emer- gency Management Council activated to plan and execute an appropriate response to Tropical Storm Edouard, which was forecast to become a Category 1 Hurricane and strike the upper Texas coast. Edouard made land- fall on the upper Texas coast on August 5 and caused minimal damage. On August 18 and 19, the state again activated at Level 1 (Emergency Response) in order to respond to significant flooding in Starr County in South Texas and Wichita Emergency Management Division personnel helped coordinate the evacuation, housing County in North Texas, which received in and care for more than 400 women and children who were removed from the Yearning for excess of 15 inches of rain in a two-day pe- Zion Ranch in Schleicher County in April. (Photo courtesy Kathy Mankin of the Eldorado riod. Local governments, state agencies and Success.) volunteer groups provided assistance with

Texas Department of Public Safety Annual Report 47 food, water, ice and temporary power for cane Gustav response activities. evacuation of medical patients and special critical facilities. On September 8, the Emergency Man- needs groups. On August 26, the state emergency orga- agement Council, private sector partners, The search and rescue (SAR) response nization was activated to coordinate prepara- volunteer groups, federal agencies and local to Hurricane Ike appears to have been the tions to respond to Hurricane Gustav, which jurisdictions again activated at the SOC in largest SAR effort ever conducted in Texas. was forecast to become a very powerful hur- order to prepare for impacts from Hurricane SAR teams and aircraft rescued more than ricane that presented a direct threat to Louisi- Ike, which would prove to be a catastrophic 600 people before the storm came ashore and ana and southeast Texas. disaster for southeast Texas. An estimated 2.2 more than 2,900 were rescued after Ike made FEMA and other federal agencies de- million people from Corpus Christi to Orange landfall. SAR units also provided evacuation ployed liaison teams to the SOC. Governor evacuated. The University of Texas Medi- assistance to 5,800 people before and after Perry issued a state disaster declaration for cal Branch at Galveston, several prisons and landfall. (See pages 6-8 for additional pho- counties in southeast Texas based on immi- two state schools were also evacuated. Nine tos.) nent threat and requested federal assistance. hundred and fifty buses used to evacuate in- San Antonio, Austin, Dallas, College Mandatory evacuation orders were issued dividuals with special needs and those who Station and cities in East Texas served as for Jefferson, Orange and Hardin counties lacked transportation; 535 ambulances and major shelter hubs, as more than 500 shelters and the Southeast Texas hurricane evacuation para-transit vehicles and 13 medical evacua- opened. Approximately 45,000 people were plan was implemented. An estimated 280,000 tion helicopters were deployed to assist in the housed in general population shelters and evacuees from Southeast Texas evacuated in their personal vehicles. In addition, state and local agencies assisted in the evacuation of approximately 10,000 medical patients and individuals with mobility or self-care limita- tions by plane, bus and ambulance. A large group of shelters was activated in the Tyler area and shelters were also opened in a num- ber of other cities. While supporting ongoing evacuations in Texas, at the request of the State of Louisi- ana, Texas emergency responders evacuated 66 critically ill patients from New Orleans by military aircraft to Texas hospitals. Gustav made landfall in southwest Louisiana as a Category Two hurricane. President Bush is- sued a federal emergency declaration (EM- 3290) for this storm. The President and Members of the national news media wait in the State Operations Center for FEMA Director David Paulison visited the a briefing with President George W. Bush, Governor Rick Perry and State SOC on September 1 for briefings on Hurri- Coordinator Jack Colley during the state’s hurricane response operations.

48 Texas Department of Public Safety Annual Report about 2,800 people in special needs shelters. measures, and a disaster declaration (DR- State Resource Staging Areas (RSAs) 1791) after landfall. More than 30 fixed and were established in San Antonio, Houston, mobile disaster assistance centers were oper- Beaumont and Tyler. More than 60 points of ating in areas impacted by Hurricane Ike and distribution (PODs) operated by state, federal more than 700,000 people have registered and local government personnel and volun- for Federal disaster assistance. teers distributed more than 48 million bottles FEMA estimates some 6,000 of water, 1,200 truckloads of ice and 9.7 mil- disaster recovery projects will lion meals to disaster victims. be put in place to assist local The Governor activated Texas Military governments, state agencies, Forces (TXMF) personnel and equipment school systems, public hospi- in support of response operations. TXMF tals and other eligible entities provided soldiers to staff RSAs, evacua- in repairing or rebuilding facili- tion departure hubs, PODs and temporary ties and replacing equipment refueling points and also delivered supplies that was destroyed or damaged. and equipment using trucks and helicopters. Some of these rebuilding proj- Mutual aid resources were provided by other ects will take years to com- states pursuant to the Emergency Manage- plete. ment Assistance Compact, including incident management teams from Georgia, Florida and Virginia. Numerous communications sys- Texas Task Force 1 members tems and aviation support were provided by performed search and recovery National Guard units from other states. In ad- operations after Hurricane Ike, dition, local resources, which were requested assisting hundreds of residents as part of the Statewide Mutual Aid System, who wanted to leave the island. provided five public works response teams, Texas Task Force 1 is part of the local law enforcement units and personnel, Texas Extension Service. EMS units, sanitation trucks and crews and debris removal equipment and crews to as- sist affected local jurisdictions. It is estimated that more than 20,000 local, state and federal responders and more than 15,000 volunteer group and industry responders participated in Hurricane Ike response activities. The President issued an emergency dec- laration (EM-3294) for Hurricane Ike before landfall that covered emergency protective

Texas Department of Public Safety Annual Report 49 Director’s Staff

Accounting and Budget Control were added along the Mexico border: El Paso, Alpine, Del Rio and Laredo. Accounting and Budget Control prepares The primary purpose of these stations and supervises the Department’s budget. Ac- will be assisting local law enforcement agen- counting’s duties include administering em- cies with air support as they combat the ployee insurance programs, processing the criminal elements established along, and payroll and maintaining all financial records moving across, the Rio Grande River. The and capital property inventory. additional 2008 equipment included a twin In addition, this area handles purchasing engine EC-145 helicopter stationed in Aus- of supplies, services, equipment and con- tin. The primary purpose of this helicopter struction. Other responsibilities include the will be to respond to rescue operations with processing of receipts and disbursing funds; hoist capabilities and to transport specialized administering the Historically Underutilized of their expertise in the use of specialized units into operational areas. Business program and accounting for federal infrared camera equipment, advanced map- grants, travel reimbursement and revenue ping technology and multiple police commu- Hurricane Ike processing. The section has 140 full-time nication radios. The value of the position has In the early morning of September 13, a employees. been demonstrated by the two Garland Police strong hurricane came ashore on the Texas Department officers, assigned to the DPS coast between Galveston and Beaumont. Aircraft Garland helicopter station for the last several The section responded with eight helicopters years, and the increased effectiveness of that crewed by pilots, TFOs, THP Dive Team res- In 2008 the Aircraft Section saw increas- station as the result of the TFOs’ work. With cue swimmers and numerous additional sup- es in both personnel and equipment. This the two Garland officers and the 10 TFOs port personnel and equipment on the ground, growth assisted the section in meeting the recently added, the section needs only three including three 500-gallon jet fuel trailers. Department’s challenges of border security additional FTEs to provide each duty station Before noon, three helicopters were assessing and the natural disasters of the coastal hur- with this specialized crew member. the damage on Galveston Island, searching ricanes, the fires and the Presidio Five new duty stations, along with five for victims and reporting back to the Houston floods. Due to the increase in demand, the new helicopters, were added to give the sec- regional communications facility. section ended 2008 with a record year of tion a total of 14 helicopter stations. Within hours of landfall, all eight heli- 7,610 hours flown. The new Amarillo helicopter will serve copters were spread out along the coast and By the fall of 2008, 10 troopers had been an area the size of South Carolina and assist surveying the damage to assist the Depart- added to the section as tactical flight officers. 61 federal, state and local law enforcement ment in a rapid and effective response of The Tactical Flight Officer (TFO) is impor- agencies, serving more than 300,000 citizens emergency personnel and equipment. For tant to police helicopter operation because in the Panhandle. The other four stations the following five weeks, the section worked

50 Texas Department of Public Safety Annual Report closely with THP and Emergency Manage- all employees and managers. ment Division personnel to assist with various The 3-½ day Interest-Based Management missions including disaster reconnaissance (IBM) school has now been incorporated into and looter patrol over the stricken areas. The both the Texas Highway Patrol and the Crim- section flew a total of 395 hours in response to inal Law Enforcement Divisions’ mandatory Hurricanes Dolly, Gustav and Ike. first-line supervisor schools. During 2008, IBM schools were held in El Paso, Midland, Flooding Corpus Christi and Austin. Eighty supervisors For nearly three weeks, floods threatened were trained in these advanced communi- homes in the Presidio and the Big Bend re- cation, conflict-management and problem- gions of the Rio Grande. The Aircraft section solving leadership skills. Ten additional em- responded to the record-setting flood with a ployees, from rank of trooper to lieutenant, continued helicopter presence, a fuel trailer received the 40-Hour Mediation Training. and crew members to assist state and lo- The Department currently has 26 mediators cal officials with the response. Aircraft also (10 are trainees) and 29 facilitators/trainers maintained the temporary duty station until throughout the state. Nineteen mediations and the threat subsided. detention of 588 subjects, the recovery of workplace facilitations were conducted. A 8,065 pounds of marijuana and the recovery number of these were referred by upper man- Fires of 28 stolen vehicles. The border initiative is agement and resulted in resolutions, thereby The summer of 2008 also brought large a sustained program that will require a dedi- avoiding the time and costs required for ad- fires to West Texas. The section flew more cated and determined effort from all those ditional complaint investigations. than 225 hours to provide firefighters with involved in public safety, and the Aircraft The Discrimination and Sexual Harass- aerial command and control platforms and to section will be on the front edge of those ac- ment Complaint Investigations Program re- assist with the disaster reconnaissance of fire tive participants. views all complaints and supervises all inves- damage. tigations involving unprofessional conduct, Employee Relations Office discrimination, sexual harassment and related Border Star retaliation. Aircraft flew more than 2,095 hours in The Employee Relations Office (ERO) During 2008, the office conducted 77 support of Border Star, a program that pro- provides direct guidance and assistance to investigations, an almost 10 percent increase vides law enforcement resources to ensure both employees and management through the over 2007. the safety, security and quality of life to the two programs it manages. In March 2008, 128 new supervisors citizens along the Texas/Mexico Border. The The Conflict Management and Dispute received the eight-hour mandatory training DPS aircraft were primarily used for night Resolution Program provides conflict man- under this program. Throughout the year, ad- operations in order to maximize the effec- agement, interest-based management and ditional classes in sexual harassment and dis- tiveness of the helicopters’ night vision and mediation training; one-on-one conflict reso- crimination have been provided to Criminal infrared detection technology. The air crews lution coaching; interest-based problem solv- Law Enforcement, Communications, Capitol were directly responsible for the location and ing; workplace facilitations and mediations to Security and Highway Patrol.

Texas Department of Public Safety Annual Report 51 Information Management Service Affairs. All other internal investigations and rector and management in legal areas affect- inquiries not conducted by Internal Affairs ing the Department. Areas of legal practice The Information Management Service are given a detailed review for completeness, include employment and personnel, criminal (IMS) provides information technology investigative thoroughness and sufficiency of law, traffic law, litigation, tort claims, admin- services to DPS and other law enforcement evidence. istrative law, property and contracts. There agencies on a statewide and nationwide ba- Internal Affairs also provides investiga- are 11 attorneys in OGC. sis. The service provides access to critical tive assistance to the Office of General Coun- During fiscal year 2008, OGC monitored systems and data 24 hours a day, 365 days a sel, the Employee Relations Office and the 93 active lawsuits; administered responses to year. The section has 239 full-time employ- Office of Health and Safety. 2,293 open records requests; reviewed 321 ees. contracts and grants; assisted in handling 65 The IMS organization significantly con- Legislative Liaison subpoenas; processed 119 claims against the tributes to the day-to-day success of the agen- agency; reviewed 39 firearm discharges; re- cy by providing protection and management The Legislative Liaison Office assists viewed and advised on 245 personnel matters of technology assets, monitoring and manag- Department leaders by helping them to and processed 127 contested cases before the ing networks and systems, creating custom- provide Texas lawmakers with input and State Office of Administrative Hearings. ized programming for business applications committee testimony regarding current and On a monthly basis, OGC publishes the and providing technology consultation to in- proposed DPS-related state laws; updating DPS Legal Bulletin, an electronic newsletter ternal agency divisions and external criminal them regarding news and media reports about that addresses issues affecting day-to-day law justice entities. Additionally, IMS supports the agency; and informing them about law- enforcement operations. On a biannual basis, the Texas Law Enforcement Telecommunica- makers’ concerns with agency policies and it publishes the Laws Affecting DPS, a col- tions System (TLETS) by conducting techni- procedures. It assists state lawmakers and lection of new laws passed during the most cal security reviews, providing specialized their staff by providing these officials regular recent legislative session, and contracts with TLETS training and monitoring and issue updates regarding issues impacting or related private publishers to provide department per- resolution of satellite and terrestrial network to DPS, assistance with constituent casework sonnel with the Texas Criminal and Traffic interruptions. TLETS customers depend on and responses to their policy inquiries. Law Manual, a comprehensive compilation the agency to provide critical information to The Legislative Liaison Office in Novem- of law enforcement statutes. officers on the streets so they can perform ber 2008 hired two assistants to handle leg- OGC is also responsible for coordinating their jobs in an efficient manner. islative inquiries, constituent casework and the records management program for the De- bill monitoring and tracking. It responded partment, administrative rulemaking and the Internal Affairs to 2,268 Texas public official inquiries and internal agency policy manual. produced identification cards for Texas State Internal Affairs conducts investigations Officials and their staffs. Public Information Office of personnel complaints and administrative inquiries, as assigned by the director, assis- Office of General Counsel The Public Information Office (PIO) tant director or Public Safety Commission. represents the DPS in the news media. Staff All employee firearm discharges resulting in The Office of General Counsel (OGC) ad- members serve as media liaisons and provide injury or death are investigated by Internal vises the Public Safety Commission, the di- internal communication venues, such as the

52 Texas Department of Public Safety Annual Report Department’s Chaparral newsletter, for agen- Fire Marshal’s Office and the Governor’s cy employees. Public information officers Press Office. also provide media relations and effective During Hurricane Ike landfall, PIO as- communication training to DPS employees sisted reporters who stayed in the DPS media and other law enforcement professionals. In room at headquarters in Austin. addition, the office publishes the DPS Annual PIO assisted with a news conference in Report. Houston announcing a number of arrests During 2008, PIO coordinated the agen- related to a dog-fighting investigation that in- cy’s media response on a wide variety of cluded the Harris County District Attorney’s topics, such as a trooper’s death, sex offender Office and the Houston Society for the Pre- issues and an arson attack on the Governor’s vention of Cruelty to Animals. Mansion in Austin. In coordination with re- During 2008, PIO worked with numerous gional troopers, PIO also spearheaded media television production companies and writers coverage about driving safety, especially dur- who were researching potential shows. PIO ing the holidays. also joined Twitter, a micro-blogging web The office fielded thousands of calls and site, under the user name TexasDPS_PIO. e-mails from the news media and public in The Public Information Office also in- 2008: cludes an occupant safety coordinator who • Total media calls: 8,215 oversees traffic safety programs concerning • Monthly media call average: 684—up airbags, car seats and safety belts. During from 544 in 2007 2008, the occupant safety programs coordina- • Total public contacts and e-mails: tor taught four national certification courses 39,979—up from 28,299 in 2007 and four continuing education courses. She • Monthly public contact and e-mail aver- also worked with several hospitals and retail age: 3,331—up from 2,358 in 2007 stores to present 12 child passenger safety In addition, PIO handled media relations workshops across the state. during a Texas Rangers investigation into allegations of child abuse at a ranch owned by the Fundamentalist Church of Latter Day Saints (FLDS) in Schleicher County. Two PIOs were on the scene in Schleicher County and assisted the elected sheriff with media relations for several months afterward. The Public Information Office handled media calls after the Governor’s Mansion was burned by an arsonist, conducting sev- eral briefings in conjunction with the State

Texas Department of Public Safety Annual Report 53 DPS Historical Museum Grand Opening

The DPS Historical Museum, housed in the main lobby of the Austin headquarters building, opened in May. The museum features items such as a 1951 Highway Patrol car, a 1930 Harley- Davidson motorcycle used for training as well as a communications center from the 1960s and 1970s. Carmen Gossett (widow of former DPS director Leo Gos- The museum organization still aspires to an sett) cuts the ribbon to formally open the DPS Historical even bigger stage—a full-fledged, stand-alone Museum. Also assisting were B.C. Lyon, museum director, museum on DPS-owned land in Austin—but the and Col. Tommy Davis, DPS director. effort is funded entirely by donations and mem- berships. Fund-raising has slowed in recent years. For more information, you can call Museum Director B.C. Lyon at 512-424-7536, e-mail [email protected]. or visit www.texasdpsmuseum.com.

54 Texas Department of Public Safety Annual Report Awards

Memorial Cross Director’s Citation The Memorial Cross shall be awarded to the immediate family of The Director’s Citation is given to any member of the Department any member of the Department who loses his life in performance of who has rendered a service beyond the normal course of duty, duty or in the act of performing a law enforcement capacity while off because of his or her timely observation, diligence, perseverance and duty under honorable circumstances. judgment in the performance of a difficult task that has resulted in James Scott Burns, Texas Highway Patrol the protection of life or property; the prevention of a major crime; the apprehension of a dangerous criminal; or for performing an act that Purple Heart clearly exceeds what is normally required or expected. The Purple Heart Award was given for the first time in 2005. The Derek Leitner, Texas Highway Patrol award may be given to commissioned officers of the Department who Paul Kohleffel, Texas Highway Patrol are seriously injured in the line of duty. The guiding philosophy in Jose Ortiz, Criminal Law Enforcement: Narcotics issuing this award is to recognize the individual’s sacrifice incurred Steven Bailey, Texas Highway Patrol while in the immediate and direct performance of a law enforcement Juan E. Hernandez, Criminal Law Enforcement: Criminal action. Intelligence Service Larry W. Buxton, Texas Highway Patrol John Kopacz, Texas Highway Patrol Cody Louis Mitchell, Texas Highway Patrol Medal of Merit The Medal of Merit is awarded to any member of the Department who has rendered a service beyond the normal course of duty, performed an act that clearly exceeds what is normally required or expected, or makes an important contribution to achievement of the goals of the Department or the law enforcement profession. It may be issued for acts or accomplishments of a nonrecurring nature. Ronald R. Snow, Director’s Staff: Office of Audit and Inspection

Texas Department of Public Safety Annual Report 55 National Law Enforcement Memorial Service

Tr. Scott Hewitt helps Tyler Holmes light his candle at a candlelight vigil during the 2008 National Police Week in Washington, D.C. Tyler’s father, Tr. Todd Holmes, died in a one-vehicle crash in the line of duty in 2007.

56 Texas Department of Public Safety Annual Report In Memory

On April 29, Highway Patrol Trooper James Scott Burns, 39, was shot and killed by a driver he had stopped near the intersection of FM 729 and FM 1969, northeast of Lake of the Pines in Marion County. He was the eighty-third DPS officer to die in the line of duty. He is survived by his wife and six-month-old daughter.

Texas Department of Public Safety Annual Report 57