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Deputy found Not Guilty!!!!!!!!!!!


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  • Deputy found Not Guilty!!!!!!!!!!!

    I know many did not know of this, but Sgt Gillane has been waiting and waiting to get this over with and today, we got the news and it's a good freakin' day! I got numerous texts this morning from co workers gleefully advising he was exonerated.......and rightfully so.

    This whole incident happened the night after I got hurt on duty and we have been behind him 100%. Here's the story, notice the slant by the 'journalist.'

    Defense: Punch to prisoner’s face ‘justified'
    By Chris Paschenko
    The Daily News
    Published April 1, 2011

    DICKINSON — A deputy’s videotaped punch of a handcuffed and hobbled prisoner was justified, his supervisors testified Thursday.

    Deputy Jimmie Gillane, 48, was charged with official oppression, stemming from an April 12 incident involving the removal of prisoner Jimmy Garner Jr. from a patrol car inside the Dickinson Police Department garage.

    Garner was accused of being drunk and belligerent when authorities responded about 1:45 a.m. to his Bay Shore home to investigate a domestic dispute.

    Testimony revealed Garner struggled with and was aggressive toward two female deputies, who eventually handcuffed the suspect in his home.

    Gillane took Garner to the Dickinson Police Department and drove into a garage where prisoners are escorted to the jail.

    Prosecutors showed a jury of four women and two men in Judge Lonnie Cox’s 56th District Court a video of Gillane striking Garner in the face or head with either his closed fist or the fatty part of his left hand.

    The blow didn’t injure Garner, and Garner didn’t complain of the incident.

    ‘I May Have Messed Up’

    Gillane, a 24-year employee with the Galveston County Sheriff’s Office, phoned Capt. Ray Benoist, head of the patrol division, awaking him at 3 a.m.

    “He called me and said, ‘I hate to wake you up,’” Benoist testified. “‘But I may have messed up. I hit somebody.’”

    Benoist asked Gillane why, and Gillane told him that a prisoner was going to spit on him, which is a felony offense, testimony revealed.

    Benoist told Gillane to document the incident.

    Benoist and Sgt. Randy Burrows, who was Gillane’s supervisor, both watched the garage video and agreed the force was justified.

    Officers present in the garage testified Tuesday they didn’t see Garner kick, head butt, spit or act like he was about to spit on Gillane.

    Garner, who was accused of trying to fight officers at every turn, posed no threat to anyone at the garage while he was handcuffed and hobbled. A hobble binds the feet together.

    Expert’s Opinion Withheld

    Prosecutor Rebecca Russell called Galveston police Lt. Jorge Trevino, an expert who trains other officers in the use of force, to testify whether the punch was reasonable. Cagle, however, objected, saying Trevino could have based his opinion on documents that contained involuntary statements, which were apparently made by Gillane.

    “You can’t do an end around the constitution,” Cagle told Cox.

    After Trevino was unable to immediately confirm whether the documents he reviewed contained involuntary statements, Cox declined to allow Trevino to tell the jury his opinion.

    Trevino was allowed to tell the jury about hypothetical uses of force and whether the force could be reasonable.

    Cagle asked Trevino whether a strike to the face could be considered reasonable use of force to prevent a prisoner from spitting on a police officer. Trevino said yes.

    Both the prosecution and defense rested Thursday. Gillane didn’t testify. Jurors are expected to hear closing arguments today before deliberating.

    Gillane could lose his peace officer’s license if convicted of the Class A misdemeanor. Law mandates the charge be heard in district court.

    Gillane was reassigned to administrative duty at the jail, pending the outcome of the case.

    Copyright 2011 The Galveston County Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    Moooooooooooo, I'm a goat

  • #2
    Gotta love Texas!

    (Said enviously; nice to know that jurors still believe cops in Texas.)
    Last edited by DAL; 04-02-2011, 02:09 PM.
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
    Two things are infinite: the universe and human stupidity. -- Albert Einstein


    • #3
      Garner, who was accused of trying to fight officers at every turn, posed no threat to anyone at the garage while he was handcuffed and hobbled. A hobble binds the feet together

      Nothing more than the wonderful journalist's opinion. There was more that happened afterwards with the suspect in regards to his combativeness that was not reported in the paper. Just because other officers did not see it, does not mean it wasn't about to happen. I will withhold comments because this whole issue goes so much deeper and if Jimmie wanted to hurt someone, he very well could have. His hands are like hamhocks, he is a large strong strong man, and I would have followed him into battle any day.
      Moooooooooooo, I'm a goat


      • #4
        Up here, you would have been fired right after the incident, indicted and convicted of it. Of course, they would leak your photo to the press too.


        • #5
          don't forget the media magically being at LS to film your "perp walk"
          “The man in black fled across the desert, and the gunslinger followed."

          "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."


          • #6
            Good for him!!! I see nothing wrong with what he did.


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