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[quote]QUOTE: Originally posted by dharmon Sorry LC.. We'll just have to agree to disagree...If one thing living in the PRC (People's Republic of California) has taught me, it's not to jump to conclusions on the basis of a new story...... and for the rest, nor to draw inference regarding their skills...... Time to go back into hibernation Dan [/quote] Dan - I certainly don't want to run you off, and having spent a few years defending cops in civil cases in L.A. in the post Rodney King legal free for all I can appreciate that the media doesn't always understand law enforcement nor do they always accurately report incidents. The interesting thing about this article is that if you read it carefully you will find that the critical facts are presented through other law enforcement officials who seem to have a better grip on the situation than the Montgomery County Sheriff's Dept. Part of what I base my opinion of this incident upon are those other facts which are important to an understanding of the incident. For example, the Conroe Police are quoted as blaming the collision on the automobile driver who struck the train which was already occupying trhe crossing. The article also indicates that Stokes the engineer provided his contact information to the deputies. His not being at fault and having provided the necessary information for witness contact should have been more than adequate. Certainly, one questions why the deputies would deem it necessary to arrest someone for impeding their investigation when he had already provided them with identifying information. The only question I can see in the facts is whether Stokes provided his engineer's card to the deputies promptly. Apparently, he did provide it to them, but not promptly enough to suit them. This makes me suspect (as a former police officer, as well) that this was a "contempt of cop" type arrest, rather than an arrest that needed to be made for a legitimate public safety reason. This is supported by the fact that both the conductor and brakeman identified Stokes as did a "representative" of the railroad, likely a manager. So, the identity of Stokes was never seriously in question. Accordingly, it appears to me, without even addressing the comments by the Trooper or the Trooper Sergeant that this is a questionable arrest at best. Ed's comments about the reputation of the department only add independent credence to this view. Like, I said, there are quite a few good plaintiff's lawyers in Texas, so this should be interesting... But, Dan, don't let a bit of disagreement cause you to disapear... LC
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