Pubdate: Thu, 08 Apr 1999
Source: Houston Chronicle (TX)
Page: 19A
Copyright: 1999 Houston Chronicle
Contact:  http://www.chron.com/
Forum: http://www.chron.com/content/hcitalk/index.html
Author: S.K. Bardwell

HPD PUNISHES NINE OFFICERS IN FATAL CHASE

Nine Houston police officers -- including a sergeant -- and a
dispatcher have been disciplined for their roles in an October chase
that ended in the fatal shooting of 24-year-old Derek Jason Kaeseman.

But while an internal investigation found officers had violated the
department's policies regarding chases and high-risk vehicle
approaches and some officers used poor judgement in firing their
weapons, Police Chief C.O. Bradford said the investigation and
evidence indicated the shooting itself was justified.

Officer Ruston Alsbrooks and his partner spotted Kaeseman's truck
picking up a passenger in the 2200 block of Bagby, a known narcotics
trafficking area, on Oct.25, and followed it.

The passenger leaped from the truck and was chased down on foot by
Alsbrooks' partner.  When the passenger said Kaeseman had threatened
to shoot him, officers were advised that Kaeseman was armed.

Several more patrol units joined the chase as it proceeded down the
Southwest Freeway.  Kaeseman rammed a patrol car that tried to block
his flight at Bellaire.

When Kaeseman wrecked his truck in Stafford, several officers rushed
to the vehicle, and Kaeseman was able to grab the barrel of one
officer's gun, the investigation said.

The brief struggle for the weapon caused all the officers to retreat
as Kaeseman reportedly reached beneath the truck's seat.  They opened
fire as he started out the passenger-side window holding a shiny metal
object that turned out to be a can opener.  Officers fired more than
50 rounds at Kaeseman, hitting him 14 times.

A Fort Bend County grand jury no-billed the seven officers who fired
on Kaeseman, and Bradford pointed out Wednesday that not all the
officers who fired their weapons that night were disciplined.

Bradford said the disciplined officers violated the department's
high-risk vehicle approach policy by running up to an automobile that
had been involved in a pursuit and whose driver was thought to be armed.

The department's policy calls for officers in such a situation to take
cover, and give verbal commands to the suspect or suspects to exit the
vehicle one at a time.

Several of the officers also violated the department's motor vehicle
pursuits policy by taking part in the chase without being authorized
to do so, Bradford said.

And the department's conduct and authority code was violated by
officers who fired their weapons without properly assessing the
situation, putting other officers and citizens on the nearby freeway
at risk, Bradford said.

The stiffest penalty, six days off without pay, went to Sgt. Antonio
Guzman, for violating the department's high-risk vehicle approach
policy, and for letting officers under his command do so.  Alsbrooks
and Tolan Harding each got four-day suspensions for violating the
vehicle approach policy.

Officer Tien Nguyen got four days off without pay for violating the
department's motor vehicle pursuits policy. Bradford said Nguyen was
not authorized to be involved in the chase.

Disciplined for violating the department's conduct and authority
policy was Officer Leopoldo Rubio-Ronso, who got a written reprimand
for firing 10 rounds from a position of cover without properly
assessing his surroundings, Bradford said.

Officer Miguel Yanez also got a written reprimand for placing his
patrol car in front of a fleeing vehicle whose driver was thought to
be armed, Bradford said.

Officers Manuel J. Manuel and Tony Tomeo received five-day
suspensions, Bradford said, and Officer Scott Wilkins got four days'
suspension.

None of the three was authorized to be involved in the chase, and all
three rushed the truck when it stopped, Bradford said.

Wilkins placed his weapon within reach of Kaeseman when he broke the
truck's window, and Bradford said Manuel and Tomeo fired 12 and nine
rounds, respectively, without properly assessing the situation.

Finally, dispatcher Mayra Maldonado was given a written reprimand for
failing to immediately designate the primary, secondary and
supervisory units to take part in the chase.

- ---
MAP posted-by: Patrick Henry