Pubdate: Wed, 05 Jan 2000
Source: Ft. Worth Star-Telegram (TX)
Copyright: 2000 Star-Telegram, Fort Worth, Texas
Contact:  http://www.star-telegram.com/
Forum: http://www.star-telegram.com/comm/forums/
Author: Mike Lee and Matt Frazier, Star-Telegram staff writers

POLICE WITHHOLD FACTS ON DRUG RAID, SHOOTING

NORTH RICHLAND HILLS -- Three weeks after true-crime writer Barbara
Davis' son was killed in a drug raid, police and city officials are
refusing to release key information about the case.

Police and the city attorney won't say exactly how much marijuana was
found during a search of the Davis property, where the drugs were
found, or what else was seized after police battered down a door Dec.
15.

Nor has the Police Department turned in its inventory of the search to
the Tarrant County district clerk's office, which is standard procedure.

Davis' son, Troy, 25, was fatally shot when he confronted three
tactical team officers in the foyer of the house and would not drop a
loaded 9 mm pistol, police said. Police said they were acting on a tip
from an informant, whose name has not been made public.

Barbara Davis has sued the city, asking a judge to order depositions
from three police officers involved in the case. Her civil attorney,
Tom Carse, sent a letter to the city stating that he intends to seek
damages for Troy Davis' death.

The Star-Telegram requested the information under the Texas Public
Information Act. City Attorney Rex McEntire said yesterday that the
city can legally withhold the result of the search because it is part
of an ongoing criminal case.

"Our problem is, if we do that [release the inventory], there are some
things you always find that the other side really doesn't know you've
found. It may not be in your best interest to let them know early on
what you've found," McEntire said. "We're getting open records
requests coming in from everywhere, all over the U.S. I'm talking
about Joe Blow just writing in."

Other police departments routinely release search inventories. The
Fort Worth Police Department provides them after a search has been
completed. Last week, the Grapevine Police Department released an
inventory of guns, explosive materials and white supremacist
literature that were found when they searched the apartment of
American Airlines mechanic Jere Wayne Haney.

McEntire has asked for an opinion from the state attorney general's
office, which oversees public records cases. A spokeswoman said the
attorney general's office is "handling it as expeditiously as possible."

Rob Wiley, president of the Texas Freedom of Information Foundation,
said the North Richland Hills Police Department's refusal to specify
what was seized appears to violate the law, and that could harm the
department's credibility in the long run.

"It seems to me, if police would think about this, it would really be
to their benefit to have more public understanding of what they do. It
would engender greater confidence in the system and police officers in
particular if they would quit hiding," he said. "Most of them are
honest people. When you hide stuff, it gives people a reason to
believe that you have something to hide."

The amount of marijuana is an important detail because it could cast
light on Barbara Davis' guilt or innocence. During an interview two
weeks ago, Davis said that police found one marijuana plant in a pot
in her back yard. She said she didn't know that it was there.

Police have declined to comment, except to note that she is has been
arraigned on suspicion of possession of between 2 and 4 ounces of marijuana.

"They're stonewalling us, too," Davis' criminal attorney, Bill Lane,
said last week.

Davis also has been arraigned on suspicion of possession of more than
400 grams of the designer drug GHB, gamma hydroxybutyrate, and
attempted manufacture of more than 400 grams of GHB.

Davis has said that she bought the GHB via the Internet, believing
that it was a legal sleep aid. The U.S. Food and Drug Administration
outlawed GHB in early 1999.

The shooting has provoked a whirlwind of discussion on the Internet,
mostly because of Davis' support for convicted child killer Darlie
Routier of Rowlett.

Routier was accused of killing her two sons in 1996, and she was
convicted of one count of murder after a highly publicized trial.

Davis' book, Precious Angels, pointed to Routier as the killer. But
Davis later announced that she had changed her mind and intended to
write another book showing Routier is innocent.

In North Richland Hills, city officials say they have gotten no
feedback from residents about the Davis case.

"I'm not aware of any calls to the councilmen or mayor," Deputy City
Manager Randy Shiflet said.

Councilman Frank Metts said the public has not questioned him about
the shooting. He said he is unaware of any movement to have an outside
agency investigate the shooting.

"The police have their job to do and they are trained to do it. That
means protecting the law and making investigations," he said. "We have
an excellent Police Department."

Councilman Don Phifer said it is not time for the council to get
involved in the investigation. First, the Police Department must bring
its findings to the city manager, who will bring them to the council,
he said. Then the council will decide whether anything further must be
done, he said.

"Right now, it's a personnel matter," Phifer said. "But I have
confidence in the police chief [Thomas Shockley] and I have confidence
in the city manager to do what is right."

Councilman Lyle Welch said, "The Police Department had a duty to do
what they did. I would like to have seen the shooting not take place."

C.A. Sanford, former North Richland Hills city manager and an honorary
pallbearer at Troy Davis' funeral, said that he has heard no public
reaction to the shooting and that an outside investigation is not needed.

"Oftentimes there is more to an incident than we know before the
investigation is over," Sanford said.

Carse, Davis' civil attorney, said he wants to wait until after
depositions are completed before deciding what kind of claim to
pursue. He is asking for depositions from Sgt. J.A. Wallace, who is in
charge of the department's police special operations unit; officer
Allan Hill, who fired the fatal shots; and Sgt. Andy Kancel, who was
filling in as the police spokesman the day of the raid.

Hill is on paid leave while the Police Department investigates the
shooting, which is routine. Kancel said yesterday that he didn't know
how long that investigation will continue.
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