Independent witness testimony differs from cop's version of shooting Robert Arnold

48 Pages·2011·25.95 MB·English

Vol. 16, No. 6 April 21-27, 2011 50 cents
Wildfires
Large swath of
Hardin Co. still burning
Page 11
Bisd
The Independent Voice of Southeast Texas
‘discredit’
Haynes’ assistant’s
pay revealed
Page 8
sharing the road
Group works for
motorcycle safety
Page 12
Independent witness
testimony differs from
cop’s version of shooting
Robert Arnold
Page 6 A
2 A April 21-27, 2011 The Examiner
April 21-27, 2011 The Examiner 3 A
4 A April 21-27, 2011 The Examiner
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On the Inside
One minute at a time .........................................10A
Bikers hit the road .............................................12A
Murder suspect charged ....................................14A
Housing conference targets Golden Triangle ...16A
Student murals express life’s gift .....................20A
NASCAR Hall of Fame ....................................26A
Jason Aldean: From Hicktown to big time .........5B
Stars of the Arc 2011 ..........................................6B
Orange goes blonde ............................................8B
Out & About with Albert ..................................16B
Who Is This?
Spotted ..............................................................34B
This blue-eyed boy was born and
C reared in Dallas, where his first job was
ORRECTION
sacking groceries at Tom Thumb. As a
child, he enjoyed mowing lawns to make
On page 10 A of the April a buck, as well as swimming and football
14-20, 2011, edition of The in his free time — though occasionally,
Examiner, a photo of Beau- he’d imbibe in a little late night cow
mont Independent School tippin’. After graduating high school in
District Chief Business Offi- 1979, he took a few college classes here
cer Robert Zingelmann was and there but found his true calling here
placed on top of an advertise- in Beaumont with some serious food
ment. This was an uninten- pursuits — now, he has a whole new
tional error. We apologize to respect for the cow.
the district, Mr. Zingelman, Answer on page 28 B
our advertisers and our read-
Zingelmann
ers for any inconvenience.
April 21-27, 2011 The Examiner 5 A
... thou shalt call His name JESUS: for He shall save His people from their sins
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JOY TO THE WORLD THE LORD IS RISEN
FROM MR. AND MRS. WAYNE A. REAUD AND FAMILY
6 A April 21-27, 2011 The Examiner
Arbitrator to determine fate of cop’s job
By Jerry Jordan He said he wasn’t going to file
Managing Editor charges against Whitehead.
“I just wanted him removed
The future employment of from the store; I wasn’t inter-
Robert Arnold, a former ested in filing charges,” he
Orange Police officer who said.
gunned down James Whit- It was just a few seconds
edead, an unarmed and highly after he got off the phone with
decorated U.S. Marine, hinges 911 dispatchers that Arnold
on a decision from LeRoy walked across the store and
Bartman, a former major gen- said something to Whitehead
eral in the U.S. Air Force serv- that caused him to unleash a
ing as the arbitrator in the barrage of racial insults.
case. Hebert then said Arnold told
Arnold was indefinitely Whitehead that he would be
suspended from his position as back and the officer, who was
captain in November 2010 wearing plain clothes, left the
after then-police chief Sam store with his 13-year-old
Kittrell released a scathing daughter still standing just a
38-page report into the find- few feet from Whitehead.
ings of the shooting that took Hebert said it wasn’t too long
place on July 26, 2010, at the after that when Whitehead and
O’Reilly Auto Parts store on Randy Edwards, a friend who
Photo by Jerry Jordan
16th Street in Orange. In the Major Sparky Robinson testifies that Robert Arnold violated police policy and was a discredit drove Whitehead to the store,
report, Kittrell says he no lon- to the Orange Police Department because his actions were inappropriate. walked to the vehicle as if to
ger has faith in Arnold’s ability leave.
to serve the department. didn’t understand what was some for some time before out in the parking lot away “He gathered his parts and
Four independent witnesses being asked. Whitehead left. And although from the truck that James walked out to the truck,”
and an expert in use-of-force After about a half-dozen or no one testified supporting Whitehead had arrived in.” Hebert said. “I saw James
techniques hired by the Texas more incidents, Smith looked Arnold’s claim that Whitehead Hebert told the arbitrator Whitehead walk to the passen-
Municipal Police Association, at Grossi and said, “No, I made a bee-line for Arnold’s and those in attendance he ger side of the vehicle. He was
a union representing and pay- won’t. They are my questions vehicle as he left the store, never saw Whitehead inflict trying to get in the truck.”
ing for Arnold’s defense, took and I have the right to ask Grossi said whether or not it harm upon Arnold and never Hebert said although he had
the stand on Monday either by them the way I want to. I think happened doesn’t change his saw Whitehead approach an obstructed view because of
video or in person. you understand what I am ask- opinion of the shooting. Arnold’s vehicle. Similar the truck door, he saw Arnold,
Although the first witness ing.” Copies of Arnold’s statements were made who was holding what he
was Ray Hebert, the manager Then, taking words directly statement to Kittrell by all other witnesses believed were handcuffs in his
of the auto parts store, only from Arnold’s statement about show Arnold was the who testified. right hand, approach White-
Arnold’s paid expert David the shooting, Grossi said, “He only person to say “He (Whitehead) head near the door of the truck.
Grossi said the shooting was (Whitehead) was an ‘amped Whitehead went had a starter problem “He (Whitehead) said,
justified. up’ suspect of considerable across the parking lot but he wanted to ‘Hey, I don’t even know if you
Grossi, who admitted that size.” to Arnold’s SUV to return an EGR valve,” are a cop,’” Hebert said of the
80 percent of his work is done Grossi said the information confront him. Hebert said. “But it exchange between Arnold and
testifying or consulting on cas- he reviewed showed Arnold The report reads, looked like it had Whitehead.
es defending officers accused put considerable distance “You said that James been installed because Another witness, Charles
of using excessive force, was between himself and White- Whitehead walked there were scars on Bosarge, whose video deposi-
paid $3,000 for his testimony, had despite testimony from directly towards you Whitehead the aluminum mount- tion was played in the court-
another $4,000 for reviewing other witnesses that said the instead of going to his vehicle ing brackets. That was when room, said Arnold pulled out a
the case and nearly $1,000 in two were less than two feet that was to the left of the front the problem started. He put his plastic card that resembled a
expenses. He said he doesn’t apart. Additionally, forensic door of the store. You said that hands on the counter, raised up Chase Bank card and showed
believe Arnold did anything evidence has shown the gun as he approached you he began and hollered ‘give me my f — it to Whitehead.
wrong based on the informa- was just inches from White- raising his hands in an aggres- ing money back’ and other “He (Whitehead) never put
tion he reviewed. He also head’s chest when Arnold fired sive manner saying ‘You gon- vulgarities.” his hands in front of his body,”
appeared to play coy with Jack the shot that killed Whitehead. na arrest me nig--r, you gonna Hebert said it wasn’t the said Bosarge. “He was irate
Smith, the attorney represent- Grossi also said Whitehead arrest me coon?’ You said that first time he had been cursed at and had his chest bowed up
ing the city of Orange, by ask- followed Arnold out of the this encounter occurred within by an irate customer but he but his hands were down. He
ing him repeatedly to rephrase store while the other witnesses a few feet of your vehicle and decided to call 911 and ask for
See ARNOLD on page 7 A
questions and saying that he testified Arnold had been gone that your vehicle was parked an officer to come to the store.
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April 21-27, 2011 The Examiner 7 A
Arnold
from page 6 A
never once put his hands in “You learn from the acade- these additional things or
front of him and he kept say- my if you are going to bring looked into these options, we
ing he was leaving. He never your gun you are going to may not have gotten to where
made a move, ever, ever.” bring your badge. That is bread we did,” he said.
Bosarge said that Arnold and butter. The badge is what While the city’s attorney
came up to the truck as White- people are going to look for.” Jack Smith was asking Robin-
head was trying to get in and One of the other infractions son questions, he used a large
grabbed the door. He said of departmental policy com- binder that was about 3 to 5
Whitehead was leaning or sit- mitted by Arnold, according to inches thick containing hun-
ting against the seat and Arnold Robinson, was that he did not dreds of documents assembled
grabbed him by the shoulders alert other officers or the by Robinson. In contrast, the
and pulled him to his feet. He department that he was on the binder from Texas Ranger
then pulled a gun out of his scene, even after knowing the Parks that contained the com-
right back pocket and told store manager had called 911. plete investigation into the
Whitehead, “I will shoot you.” “When he leaves the store, criminal aspect of the case was
That, he said, angered White- he failed to call dispatch and half as thick.
head even more and brought advise them of his presence,” “It was a very complex case
the response, “Shoot me you Robinson said. “Communica- and a very involved case,”
monkey mothaf---er.” tion is vital in something like Robinson said. “This is for
During the second day of this. Notifying dispatch that he both parties, and I wanted to
testimony in the arbitration is on the scene would heighten get the most accurate informa-
hearing, Dexter Gibson, 19, the alert of any officer in the tion I could. I wanted to make
began to cry as he provided his area, not just the Orange Police sure when it was said and done
version of events. Gibson was Department but other officers that we had the most accurate
at the store helping Bosarge with DPS, the sheriff’s depart- information possible. This was
work on his vehicle. Dexter ment or any other agency that a serious ordeal. Anytime an
said he was questioned by might have someone right officer has to use his weapon,
Texas Ranger Ken Parks but around the corner. it is a major ordeal. It was seri-
ever saw him writing anything “I feel it was vital to com- ous, and we took it seriously.”
down. municate that there Parks is scheduled
Later in the day, John Rush- was a problem and to testify on Arnold’s
ing, another witness in the that he was there on behalf on Thursday,
case, said he also was not giv- the scene. He had time April 21, and Smith is
en the opportunity to review Photo by Jerry Jordan to keep his distance expected to question
his statement and did not see Robert Arnold leaves the courtroom following testimony in an between himself and him on the manner in
anyone typing it out and does arbitration case to determine his future employment at OPD. Mr. Whitehead. We which he went about
not agree with parts of what are not talking about a preparing his investi-
Parks claims he said, specifi- prescription refilled. didn’t match. Additionally, he robbery or a home gation. Additionally,
cally relating to Whitehead Cagle implied that because said Arnold was a discredit to invasion where some- former chief Kittrell
being on drugs. a few pills were missing from the department and should not one’s life in jeopardy. will testify about
Cagle
When asked whether or not a bottle of Whitehead’s medi- have reacted in the manner in We are talking about what his thoughts are
Whitehead did anything that cation found in the truck which he had. some who is upset about not on the shooting and his inter-
warranted his being shot, Whitehead had overdosed on “I believed in the beginning being able to get their part actions with Parks. Once the
Rushing said, “He never done Adderall, which may have there were numerous rule vio- exchanged. The actual charge arbitrator has heard all of the
anything to deserve to be shot. caused him to become enraged lations that led to the outcome is a Class C misdemeanor, evidence, he has 30 days to
Period.” or “amped up” as Arnold of what happened,” Robinson which is the same as getting make a ruling on whether or
Regarding the drugs in claimed in his statement. said. “When an officer goes to pulled over for a speeding – a not Arnold can go back to
Whitehead’s system, the The arbitrator interjected the scene, he has the utmost traffic ticket.” work at the police department.
autopsy report conducted by that he has spilled or lost pills, obligation to identify himself Robinson said he spent Arnold did not answer ques-
forensic pathologist Tommy J. appearing not to give credence as a police officer. Verbal countless hours pouring over tions but when his attorney
Brown said THC, the active to Cagle’s argument. alone is not going to do that. documents, witness statements was asked if he thought Arnold
drug in marijuana, could have Major Sparky Robinson, a You are going to have to show and other evidence before would ever again be allowed
been in Whitehead’s system 20-year veteran of law enforce- your identity and let everyone coming to a conclusion that to work on the street should he
for several days and the ment who has worked at OPD else there (know) that you are the incident was “a bad shoot.” be successful, he said that his
amphetamine was from a pre- for 13-years, was on the shoot- in control. That was not done He reiterated that there were duty was to get Arnold’s job
scription he had taken for ing review board that looked in the beginning. His verbal numerous policy violations back, and the rest was up to
years to combat symptoms of into whether or not Arnold identification does not cut it. and that the matter could have the department.
ADHD. Pharmacy records acted properly. He told the When we talk about showing and should have been handled
Jerry Jordan can be reached
showed that Whitehead was arbitrator Arnold’s statements an ID, that is seconds before differently.
at [phone], or at jerry@
always on time in getting his and those from other witnesses (Whitehead) is shot. “If he would have done theexaminer.com.
18 W A
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8 A April 21-27, 2011 The Examiner
Beaumont high schools
work to get out the vote
Feel Sensational
By Jerry Jordan our staff will advise or endorse
All Year Long!
Managing Editor candidates,” Daniels told The
Examiner. “We are simply
West Brook and Central providing a way to the polls,
high schools will help students nothing more. The right to
get out the vote by providing vote is passive in nature. By
transportation to the early vot- that I mean that you must
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they should vote for and er Library on Dowlen from BISD were unsuccessful
administrators will not “poli- Road at 9 a.m. on May 2 and at press time.
tic” for individual candidates. then return to class once
W L , Jerry Jordan can be reached
eight oss “If a student has a question everyone has had the opportu- at [phone], or at jerry@
about a candidate, no one on nity to vote. Daniels said the theexaminer.com.
C & s
osmetiC urgiCaL
C a
enters of meriCa Haynes’ assistant makes $65K
409-212-8866 • 318 North 23rd St. • Beaumont
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By Jerry Jordan
Managing Editor
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After taking almost two
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Motel
there were no documents
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Now renting low daily, information on Craig Eich-
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According to Haynes, her
new assistant will make
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$65,000 annually and receive
$2,650 a year in travel allow-
Photo by Jennifer Trahan
ance.
Jessie Haynes introduces her new assistant, Craig Eichhorn.
AuTo & Truck rEpAir inc. Eichhorn left a job in Gale-
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down, he said, was an oppor- recently lived, revealed the long to release Eichhorn’s sal-
spring into summer savings! tunity to work with the likes of only current legal action ary information and other pub-
Haynes and BISD superinten- involved a pending divorce lic information, a complaint
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April 21-27, 2011 The Examiner 3 A
MAKE BISD B.E.T.T.E.R
VOTE FOR AT LARGE TRUSTEES
EVERyOnE wILL hAVE ThREE TRUSTEE REpRESEnTATIOn InSTEAD OF OnE.
- no more fbi invesTigaTions.
- no conTracTs wiThouT compeTiTive bidding.
- no more expensive errors by conTracTors paid for wiTh our Tax dollars.
- no more Tax dollars spenT on hoTels and evenT cenTers.
- no more overpaid adminisTraTion.
- no secreT meeTings before board meeTings wiTh ouT voTer inpuT.
- no more arTicles in The new york Times on The Texas legislaTure
making b.i.s.d. The laugh of The day.
- perhaps a sTudy on b.i.s.d. police deparTmenT? is iT needed or jusT
parT of The cover up?
- no more public relaTions employees ThaT blame everyone buT b.i.s.d.
for anyThing ThaT goes wrong.
- no more inTervenTions by The sTaTe of Tens.
This will be The mosT imporTanT elecTion in half a cenTury!!
our economy and The fuTure of beaumonT are aT sTake.
Tax payers have paid nearly 400 million dollars for new
schools. now we deserve good managemenT, good
mainTenance and open dialog wiTh Taxpayers.
supporT a new board of TrusTees and a new dynamic
school disTricT we can all be proud of.
we need less administration & more teachers
10 A April 21-27, 2011 The Examiner
One minute at a time Family, wider Newton County community
struggle to cope with loss of young man
By Jennifer Johnson mont hospital, his prognosis was grim. eyville community, also has fond mem- When I received the news Ethan had
Orange County Editor Prayers from supporters and intensive ories to share of Ethan and the entire passed away, I cried and cried some
medical treatment persisted throughout Williams family. more. I still cry today and probably will
The sun had yet to rise Friday, April Friday, but on Saturday, Ethan suc- “When I came to work at the Newton for a while — just as well as his parents,
15, when Jana Williams got the call. cumbed to his injuries shy of his 22nd County Sheriff’s Office in mid March siblings, family and the community of
“My niece called me, to tell me what birthday. A memorial was held Wednes- of 2010, I met a lady named Jana Wil- Deweyville will. If there was one last
happened,” Williams remembers vivid- day night for Ethan, a lifelong resident liams who worked at the Deweyville thing I could have said to Ethan, it
ly. “Then the ambulance driver called of the Deweyville area, as mourners Sub-Court house in the motor vehicle would have been, ‘You won.’
me after that.” remembered a young man whose life office next door to the sheriff’s substa- “Why do I say that, you’re probably
The news from the other end of the was filled with happiness and love for tion. Jana I became friends as we would thinking? Well, because if you knew
phone was what parents’ nightmares are his close-knit family and his small-town work together daily. A few weeks later I Ethan, he was competitive in the sports
made of. Williams’ middle son, Ethan, community. A funeral service will be would be introduced to her family as that he played — football, basketball,
was involved in a car acci- held as this paper circu- they would come in and visit her. I baseball. Although I didn’t know him at
dent – and the 21-year-old lates Thursday, April 21, eventually met her three boys – Zane, the time he was active in all that, just
man who she nursed and at the Deweyville United Ethan, Seth – and her husband, Jimmy, ask around or maybe Google his name
loved his whole life was Pentecostal Church start- her mother, brother, sister and many and you will see what I am talking
critically injured. ing at 3 p.m. more. I cannot even begin to remember about. Ethan made the biggest home-
Reports from the Texas “He was a very outgo- at this time. I was astonished by the run, touchdown, slam dunk of his career
Department of Public ing young man with an family members she had and the ones I when he entered the gates of Heaven.
Safety state the accident awesome sense of humor,” would meet. Anyone whose family Ethan was a unique person about the
occurred when, for an his mother remembers. would come and visit you as often as things he had done in his life. He was a
unknown reason, the truck “His closest friends are she does tells you one thing about a leader, not a follower. He would give
Ethan Williams was driv- actually his cousins, who family and one word describes it — the shirt off his back to you if you
ing left the roadway and he moved across the street LOVE!” Ortego went on to say, “Little asked. He might have given you a hard
hit a culvert on Texas 62, from, and he shared a did I know as the months would come time, but eventually he would do it.
about a mile from FM place with his best friend and go I would feel that the entire Wil- “After he passed away, Ethan still
2802 around 2 a.m. Friday from high school.” liams family was now a part of my fam- gave; his mom and dad donated his
morning. Three passengers were also in Williams said her son was always ily, as well.” organs to give someone else hope in
the truck with Ethan, one of whom was full of life and optimism, and could turn According to the deputy, the three their life. That says a lot; Jana and Jim-
also injured in the wreck. The injured even the bleakest moments into a funny sons would come by the substation to my just lost a son and still thought of
passenger, 22-year-old Aysna Aras of adventure with his witty anecdotes. His see who could “pick on Jana the best,” others. WOW! How amazing? As a
Orange, was transported to the Inten- brothers, one older and one younger, he joked. His tone was more somber as father myself, I could not sit here and
sive Care Unit of St. Elizabeth Hospital will miss him sorely, she said. he recounted the call he received alert- tell you I could have thought of doing
in Beaumont but is expected to recover “They’re taking it pretty rough, but ing him to the tragedy unfolding in the something like it at the moment if I had
from a broken pelvis. The other two they’re doing good by the grace of Williams’ lives. lost my child.”
passengers, 19-year-old Katelyn Hayes God,” Williams said. She added that “I received a phone call about 8 a.m. Williams, although grieving the loss
of Orange and 19-year-old Lauren Jones both brothers have asked to speak at April 15, 2011, telling me Ethan was of her child as if she lost a piece of her-
of Orange, did not report any injuries. the funeral, saying, “They feel it is the involved in an accident and he was at self, is still thankful for the support she
Ethan sustained tremendous injuries last thing they can do to honor their (St. Elizabeth) in Beaumont. I got has received in the wake of what has
in the wreck despite the reports he was brother.” dressed as fast as my body would move been the biggest heart-wrenching dev-
wearing his seatbelt, and as the hours Family friend and Vidor Councilman and went to see about my boy. Friday he astation to ever hit the Williams house-
progressed with family and friends Matt Ortego, who works as a sheriff’s was in critical condition and it would hold.
waiting in the trauma unit of a Beau- deputy in the Newton County/Dew- only get worse until he passed away. See ETHAN on page 13 A
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Sitters & Personal We are looking for experienced, responsible,
Care Assistance
dependable people to deliver The Examiner on
1 to 24 Hour Care – Short/Long Term
Texas Licensed, Insured & Bonded
Thursday evenings. Reliable Transportation,
Locally Owned & Operated
• Sitting In Home/Hospital Proof of Auto Insurance, Texas Driver’s License
or Facility
• Medication Assist. & Social Security Number are a must.
• Light Housekeeping
• Incontinent Care/Bathing
If you NEED ExTRA moNEy,
• Errands/Escort
• Shopping/MD Appointments
• Exercising/Transferring PLEASE cALL DoNNA
• Preparing and Serving Meals
AT [phone].
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www.qualitycares.com