Pubdate: Fri, 23 Feb 2001
Source: Lubbock Avalanche-Journal (TX)
Copyright: 2001 The Lubbock Avalanche-Journal
Contact:  http://www.lubbockonline.com/interactive/edit.shtml
Website: http://www.lubbockonline.com/
Forum: http://chat.lubbockonline.com:90/eshare/
Author: Linda Kane
Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas)

AS ONE TULIA DRUG BUST LAWSUIT IS DROPPED, ANOTHER TAKES ITS PLACE

A lawsuit filed Thursday claims law enforcement officials targeted blacks 
in a 1999 drug bust in Tulia. At the same time, another suit alleging 
similar claims was dropped.

During the drug bust, 43 people were arrested — 40 of them black.

The arrests were based on an 18-month undercover investigation conducted by 
officer Tom Coleman, who claimed he bought drugs from those arrested. 
Coleman worked alone and used no surveillance equipment.

Billy Wafer, a black man arrested during the bust whose charges later were 
dismissed, filed the suit Thursday against Coleman, Swisher County Sheriff 
Larry Stewart and Swisher County.

Wafer claims in the suit that the officers "conspired to carry out Swisher 
County's policy of eliminating the county's African American population by 
having defendant Coleman fabricate false evidence and testimony against 
targeted African American citizens of the county."

Stewart referred questions to his Lubbock attorney, Charlotte Bingham. She 
said, "We'll continue to defend the sheriff and Swisher County and continue 
to deny there was any racial motivation in the prosecution of Mr. Wafer ... "

Coleman could not be reached for comment.

Wafer said he filed the lawsuit in an attempt to get new, fair trials for 
those prosecuted after the bust.

"No surveillance was conducted, no videotapes or audiotapes were made, and 
no photographs were taken," the lawsuit said.

The suit claims the sheriff was indifferent to Coleman's lack of 
qualifications.

"Defendant Stewart knew, or should have known, that defendant Coleman stood 
accused by another law enforcement agency of theft and official 
misconduct," the suit said.

Coleman was accused of misusing property, fuel and money belonging to 
Cochran County while he was employed there as a sheriff's deputy. Coleman 
paid about $7,000 in restitution, and the charges against him were dismissed.

While Wafer's lawsuit was filed in district court in Amarillo, another 
lawsuit filed there by another black man arrested in the bust was dropped 
on Thursday.

Yul Bryant sued Stewart, Coleman and prosecuting attorney Terry McEachern, 
claiming they unfairly targeted blacks during the bust.

Charges against Bryant eventually were dropped because Coleman couldn't 
positively identify Bryant, the district attorney has said.

Chris Hoffman of Amarillo, the attorney representing Bryant and Wafer, said 
Bryant's lawsuit was dropped for personal reasons.

Bingham suggested that Bryant's lawsuit was dropped because it was not 
meritorious.

"I disagree with that statement," Hoffman said. "I think there's no 
question the allegations in Mr. Bryant's lawsuit were true."

The U.S. Justice Department is conducting an investigation into the 
undercover operation.
- ---
MAP posted-by: Terry F