Pubdate: Fri, 30 Jul 1999 Source: Houston Chronicle (TX) Copyright: 1999 Houston Chronicle Contact: http://www.chron.com/ Forum: http://www.chron.com/content/hcitalk/index.html Author: Eric Hanson COUPLE SUE HARRIS COUNTY SHERIFF, CLAIM LIBEL OVER ARREST A Katy woman and her husband have filed a libel suit against Harris County Sheriff Tommy Thomas, claiming he damaged their reputations in a published letter saying the woman was intoxicated. Vonessa Beaird, 40, had been arrested in front of her house for driving while intoxicated, but the charge was later dismissed. Beaird and her husband, John, have also formed a citizens committee demanding Thomas' resignation. Capt. Don McWilliams of the Sheriff's Department said Thomas would not comment because he has yet to see the lawsuit. The $5 million lawsuit stems from an incident that happened about midnight March 17, outside the couple's house in the Kelliwood subdivision, a gated community. According to the suit, Beaird and her husband were in separate vehicles returning home when she passed Deputy J.K. Burton, sitting in his patrol car. The deputy followed Beaird into her driveway and arrested her. Her husband then pulled up at about the same time and asked Burton what was happening. The suit claims that Burton responded, "Shut the ---- up or I'll arrest you for interfering with an investigation." The Beairds allege that Burton then threw her to the ground, injuring her shoulder and arm. She was then taken to the Clay Road substation and held for five hours. The lawsuit claims Beaird was not allowed to call an attorney or use the restroom, and that her wrists became so swollen from the handcuffs that bolt cutters had to be used to cut them off. She refused to take a breath test and was later transferred to the Harris County Jail, where she was released about 1:30 p.m. She was charged with driving while intoxicated. One of the Beairds' attorneys, Rebecca Hamilton, said that in her opinion the videotape that was made of her detainment shows a sober, frightened woman. "This woman is as harmless as a fly. What happened to her was ridiculous," Hamilton said. The DWI charge against Beaird was dismissed May 27, because the entire episode took place on private property, said Chuck Noll of the Harris County District Attorney's office. Noll said the streets of the subdivision are private roads that were paid for and are maintained by the residents of that subdivision. "Under our DWI law you have to be on a public roadway in order to be guilty of a DWI. So in this case we couldn't even get to first base with our facts and had to dismiss it," he said. "The officer apparently wasn't aware of that situation," Noll added. He said the issue of intoxication became irrelevant after it was determined the incident occurred on private property. Noll said the definition of public roadways is sometimes confusing, but is generally considered to be roads and parking lots open to the general public. He said the situation involving Beaird is "more akin to someone driving a car on ranch property." Following the arrest, a group of Katy residents called the Citizens for Oversight Committee, placed an ad in the April 25 Katy Times describing the arrest of Beaird, saying it was illegal and that she had been physically abused by the deputy. Sheriff Thomas responded with a letter to that newspaper, published May 2, in which he stated an internal investigation found no evidence of excessive force or wrongdoing on Burton's part. "Mrs Beaird was videotaped less than two hours after her arrest, still clearly in a state of alcohol-induced impairment," Thomas said. In another part of the letter Thomas wrote, "Mr. Beaird's problem seems to center on the fact his wife almost, but not quite, made it home ahead of the police after allegedly having had too much to drink. Given that this was not a new experience for them, I can understand his inclination to look for someone else to blame." Thomas' letter to the newspaper stated that the internal investigation into the incident showed no wrongdoing, but the lawsuit claims that investigators with the internal affairs unit had not completed their probe yet. Thomas wrote that Beaird drove by Burton at a high rate of speed and passed within one foot of his patrol car. He said Burton was responding to an alarm call at the time. Attorney Hamilton said Thomas' assertation that this is "nothing new for them," implies that both of them were intoxicated. "She drinks infrequently and Mr. Beaird does not drink," she said. Hamilton said Beaird was arrested 10 years ago for DWI, but has not had a traffic offense since then. Meanwhile, the Citizens for Oversight Committee, which has about 12 full-time members and numerous volunteers, is calling for Thomas' resignation. A member of the committee, Jill Maurer, said the Beaird case is an example of how police and government can infringe upon individual rights. "We have got to put a stop to his kind of conduct," she said. "They are making war on citizens." - --- MAP posted-by: manemez j lovitto