Garland police fire officer after confrontation
07:53 PM CST on Friday, February 6, 2004
By RICHARD ABSHIRE / The Dallas Morning News
GARLAND -The Garland Police Department released a squad car videotape of a violent confrontation between officers and a motorcyclist Friday after fired police officer Glen Shaw pleaded guilty to a misdemeanor assault charge.
Mr. Shaw was sentenced to two years probation, fined $600, and ordered to undergo anger management counseling. If the terms of his probation are violated, Mr. Shaw will serve one year in jail.
As part of his plea agreement, he also signed a permanent relinquishment of his Texas peace officer?s license, according to Pat Batchelor, chief of the public integrity section of the Dallas County District Attorney?s office.
Garland police chief Mitch Bates suspended Mr. Shaw for 15 days without pay following the September 6, 2003, incident in which Mr. Shaw was found to have used excessive force against motorcyclist Randall James Ling.
Mr. Ling, who allegedly led Mr. Shaw and other officers on a high-speed chase on the Bush Turnpike, was later indicted for felony fleeing.
Chief Bates fired Mr. Shaw and two other officers - William Mott and Demarcus Banda - on January 14after an investigation by the Dallas office of the Texas Rangers.
At the press conference Friday, Chief Bates played the tape and gave copies to reporters. He described his actions in firing the officers as a defense of his department?s integrity.
?We are there to support, defend and protect our community,? he said. ?We will continue to vigorously enforce the law. However, we will do so in accordance with our policies and in accordance with the law.?
The tape shows Officer Shaw lunge at Mr. Ling, who is sitting astride his motorcycle after stopping. Both men fall to the ground off-camera and the sounds of a scuffle are audible.
Mr. Batchelor said no charges would be filed against Mr. Mott or Mr. Banda, who were terminated for making ?untruthful? reports of the incident.
He said that an assault conviction of a police officer arising from an on-duty incident was unusual.
?Thank goodness it?s not a common occurrence,? Mr. Batchelor said. ?The excellent investigation by Ranger Sgt. Terry Welch made our job very easy. He did an outstanding job.?
Officials had resisted requests for release of the videotape until the criminal case against Mr. Shaw was resolved.
?We no longer have a valid reason under the law to keep the tape,? Mr. Batchelor said.
Attorney Jane Bishkin, who represents Mr. Shaw and Mr. Banda, said she agreed that the tape should be released.
?It involves police officers and they are public servants and the public has a right to see it,? she said.
She said Mr. Banda felt he had been unfairly disciplined and he intended to appeal his termination to a third-party hearing examiner.
?His position is that he was simply doing his job, trying to handcuff a suspect who was not complying,? Ms. Bishkin said. ?All his focus was on Ling?s back. He heard things but did not see anything. He was not aware of any misconduct and did not lie.?
Online at:
http://www.dallasnews.com/sharedcontent/dws/news/city/garland/stories/020704dnga... AntiPolygraph.org may be able to help you in challenging your termination to the extent that it was based on the results of your polygraph "test" (a procedure that has no scientific basis).
Dr. Drew C. Richardson has prepared an expert evaluation and opinion of polygraphy that has been used before to successfully challenge an officer's dismissal based on a failed polygraph in an IA investigation:
If you would like to obtain a signed copy for use in challenging your dismissal, please e-mail
.
See also Professor William G. Iacono's article, "Forensic 'Lie Detection': Procedures Without Scientific Basis":