|Paper: Houston Chronicle Date: Wed 04/30/2008 Section: A
Page: 1 Edition: 3 STAR R.O.
1. MYSTERY SURROUNDS POLICE SHOOTING VICTIM / Man known to his friends as a federal intelligence officer killed after a high-speed chase
Mystery continues to envelop a man shot and killed by Houston police Tuesday morning after a high-speed chase that ended near the Galleria.
The victim was identified by friends as Roland Vincent Carnaby, 52, of Houston. But who he really was - or more precisely, what he was - is something police are still trying to piece together.
Carnaby held himself out as a federal intelligence agent but was sometimes cagey about his precise job and employer. At times he mentioned the Central Intelligence Agency or the Department of Homeland Security. He was the president of the local chapter of the Association for Intelligence Officers, a legitimate national organization whose board contains luminaries such as former President George H.W. Bush. Friends said they have seen him in the company socially of local law enforcement officials and high-level CIA bureaucrats.
The CIA told KHOU that Carnaby was not an employee of the intelligence agency.
Car dealer Alan Helfman met Carnaby more than a decade ago when "a mutual friend high in law enforcement" brought him by the dealership. "He bought eight or nine cars from me over the years," Helfman said.
Carnaby told Helfman he was a federal officer who worked in intelligence. The two men struck up a close friendship.
"He was always teasing me about being a reserve constable," said Helfman, who volunteers for Harris County Precinct 7.
Friends insist Carnaby was very much who he said he was, even if he was less than specific about his duties. One recalled a recent party in Washington that they both attended for retired intelligence agents.
`A blank page'
"Most of what he does is so classified that regular homicide (detectives) will come up with a blank page and then a question about why you are asking," said Fred Platt, the vice president of the local chapter of intelligence agents. "He's here because of homeland security. The port and the airport. He knows everybody on the command staff of every agency."
Local law enforcement officials, however, say they don't know him, including Houston Police Chief Harold Hurtt and Harris County Sheriff Tommy Thomas. The local FBI office also claims to have no knowledge of him.
Hurtt said he'd attended a function held by the Association last year and may have met Carnaby there. He said he did not remember him well, though the two were photographed together.
"I don't know the gentleman," he said.
Carnaby traveled frequently for work, Helfman said, but whenever he was in Houston, he visited the dealership on a daily basis. Helfman said Carnaby spoke seven languages and always carried an arsenal of weapons, including several guns and a knife.
"He was always showing me his knife tricks," he said. "He was real good at karate, too."
Carnaby was tight-lipped about his work and his private life, and Helfman said he didn't question him.
"His entire life has always been clandestine. His girlfriends didn't even know what he was doing," Helfman said.
Even mundane details of Carnaby's life were tinged with mystery. His address listed with the Texas Department of Motor Vehicles is a private mailbox at a UPS Store near downtown. The address at which he registered his Jeep Commander was a different UPS Store in Pearland.
Whatever his real story, Carnaby's life came to an end about 11 a.m. after police forced his vehicle to a stop. He didn't acknowledge the officers who encircled him with guns drawn. And he "refused to put his hands where the officers could see him," said Houston Police Sgt. John Chomiak.
"The driver refused to comply, talk or roll down the window," Chomiak said.
He opened the driver's side door only after one of the officers smashed the passenger-side window, police said.
"He stepped out of his vehicle, turned around and reached under the seat," Chomiak said.
When he did, two officers each fired one time, authorities said. The officers were identified by police officials as HPD Sgt. A.J. Washington and Officer C.A. Foster. Carnaby was later pronounced dead at Ben Taub Hospital.
The incident lasted most of an hour. It began with a routine traffic stop when Carnaby was pulled over for speeding along Texas 288 near Orem. Carnaby raced away after the officers learned he had a license to carry a concealed weapon, police said.
With the officers in close pursuit, the Jeep raced north along the South Freeway, with speeds reaching 120 mph toward downtown Houston before heading west on the Katy Freeway. Carnaby then headed south along the West Loop, exiting at Woodway where the chase finally came to an end.
Harris County medical examiners said the autopsy will probably be performed today.
Washington, a 22-year HPD veteran, and Foster, who has been on the force for about 15 years, later told investigators they fired because they were in fear for their safety, police said.
Police said the shooting was apparently captured by the dashboard cameras of the HPD patrol cars.
Carnaby slumped to the ground after the officers began firing. He was motionless when they placed him in handcuffs.
`This doesn't smell right'
Although an initial examination revealed no weapons inside the man's car, that changed once it was taken into custody for a more detailed search.
"We have located three weapons inside the vehicle - two pistols and a shotgun," said HPD spokesman John Cannon. "At least one of them was within reach of the suspect."
The frontage road was closed for several hours Tuesday as investigators questioned the officers behind long lines of crime scene tape.
"What's going on?" a passing motorist shouted out as he crawled along the clogged West Loop.
That's the question his friends want answered. They say Carnaby had no reason to run or disobey police. Platt said he had dined with Carnaby both Saturday and Sunday and nothing seemed out of the ordinary. Carnaby was engaged to be married, he said, and led a happy life.
"I can't fathom any reason why he would be running from the police because he is the police," Platt said. "This doesn't make any sense. I can't understand him running or why they opened up on him. This doesn't smell right."
Paper: Houston Chronicle Date: Wed 04/30/2008 Section: A Page: 1 Edition: 3 STAR R.O.
Police initially found no weapons in the Jeep SUV driven by Roland Vincent Carnaby. When it was taken into custody for a more detailed search, they discovered two pistols and a shotgun.
3. FINAL MOMENTS OF THE MAN CIA WON'T CLAIM / Carnaby, set to be held as possible impersonator, made calls to FBI, HPD as he fled Paper: Houston Chronicle Date: Fri 05/02/2008 Section: A Page: 1 Edition: 3 STAR R.O.
By LINDSAY WISE, DALE LEZON Staff
The patrol officer who stopped Roland Carnaby for speeding Tuesday morning was about to detain him as a possible CIA agent impersonator when he took off in his SUV, Houston police said Thursday.
Two days after officers shot Carnaby to death at the conclusion of a high-speed chase, more details emerged about the bizarre chain of events, including phone calls Carnaby made after he was pulled over.
First Carnaby called an acquaintance in Houston Police Department's internal affairs division, trying to get someone to vouch for him to the patrolman. Later, as he raced away from pursuing officers at speeds up to 120 mph, the man who had for years projected the persona of a federal intelligence officer apparently called a contact he knew in the FBI.
Carnaby initially had thought that by showing an ID card bearing the seal of the Central Intelligence Agency he could be on his way. But the officer who stopped him along Texas 288 near West Orem, already suspicious because of Carnaby's nervous behavior, did not recognize the ID card and told Carnaby he would check it out, HPD homicide Capt. Steve Jett said.
"The officer went back and checked the guy, and when he checked the license, the handgun permit came up and he was like, `Why does a federal agent need a concealed handgun permit?' " Jett said.
Increasingly suspicious, the officer asked Carnaby for proof of his connection with the CIA.
"He asked him questions like who's your supervisor? Do you have a contact number you can call and verify? And the answers weren't very good," Jett said.
That was when Carnaby called someone he knew at HPD's internal affairs division. The officer asked the acquaintance if Carnaby really worked for the CIA.
"The answer was `possibly yes,' " Jett said. "But the officer was obviously not inclined to just let him go. He was being very thorough and probably was going to write him a ticket, if not put him in jail for something, probably for not presenting a concealed handgun permit when he was stopped."
State law requires holders of concealed carry permits to present them when stopped by police if they have weapons in the car.
Doubts about Carnaby's true identity were compounded by conflicting information, Jett said. The officer also had contacted HPD's criminal intelligence and major offenders divisions to ask them to check Carnaby's credentials, he said.
"They told him `No, we think he's a fraud,' " Jett said. "Something apparently triggered on his name, but again nobody was sure. Nobody's still sure. They'd heard his name before and they thought no, he's not (CIA)."
The officer was told to "find something to arrest him on; you can't arrest him for speeding," Jett said.
Carnaby had not shown his concealed weapon permit, which was sufficient violation to hold him. But when he was asked to step out of his SUV, Carnaby sped away, Jett said.
As HPD patrol cars began their pursuit, Carnaby called a friend on his cell phone. The friend, described by Jett as "possible FBI," urged Carnaby to pull over and obey police.
HPD investigators are still trying to get in touch with the friend to talk to him, Jett said. Local FBI spokeswoman Shauna Dunlap declined to comment, saying it is inappropriate for the FBI to discuss an ongoing HPD investigation.
Autopsy video refused
Carnaby's lawyer, Kenneth Brooten, said the fatal shooting, which occurred after Carnaby exited his car at the end of the chase, did not appear necessary.
"All of this has a smell factor," Brooten said. "What was the justification for the use of deadly force? Was this man a felon that was fleeing the scene of an armed robbery? Had he pulled a gun on them previously? That's a public policy issue. That affects every person who drives around Houston or lives there."
Brooten said he sent a letter to the Harris County Medical Examiner's office asking that Carnaby's autopsy be videotaped, but county attorney Barbara Callistien wrote him back to say HCME does not videotape autopsies.
Brooten also wants the Texas Rangers to examine the case and the FBI to look at whether evidence has been tampered with.
A former chief counsel of the U.S. House Select Committee on Assassinations, Brooten met Carnaby several years ago and served as an attorney for the Houston branch of the Association of Former Intelligence Officers, which Carnaby headed. He said he attended an annual symposium for the AFIO at the CIA headquarters at Langley with Carnaby, who seemed well-known there, albeit under the pseudonym of "Tony."
"I recall people coming out recognizing him, `Hey Tony, how are you?' This is what I saw. Did I know those people personally? No. Was I introduced by Tony? Yes."
One of Carnaby's most obvious signs of legitimacy came through the AFIO. Carnaby had led the revival of a dormant Houston chapter, which periodically hosted banquets that featured speakers well known in the intelligence community and were well attended by local law enforcement officials.
The executive director of the AFIO, Elizabeth Bancroft, said she met Carnaby several years ago at the group's functions held near McLean, Va.
The organization, which is open to U.S. citizens, holds an annual symposium and monthly luncheons.
Bancroft said Carnaby never mentioned being a former CIA employee, and the stories about his connection to the agency shocked her. "Is this genuine or is this a very overactive fantasy life?" she said.
Carnaby was a very eager, enthusiastic AFIO member, Bancroft said. When she told him that the group's Houston chapter had been inactive for years, he volunteered to get it going again.
She said he was an excellent organizer and boosted chapter membership to about 200 members. He also had extensive contacts with law enforcement, which helped him book speakers for the chapter's meetings.
HPD defends officers
Carnaby asked the national headquarters if he could name the Houston chapter after CIA agent William Francis Buckley, who was kidnapped, tortured and killed in Lebanon in 1985.
"He talked about Buckley, how much he admired him and the bravery it must have taken to endure that type of torture that ends your life," she said.
For a person who was so supportive of law enforcement, Carnaby's final agony angers lawyer Brooten, who criticized the officers present for handcuffing him instead of administering medical care.
"All of this other stuff (about Carnaby's mysterious life) is all very interesting, but it is of no consequence when you consider a man is dead and he died handcuffed and nobody tried to stop the bleeding or anything," Brooten said. "You know what you call that? You call that an assassination."
Jett defended the officers at the scene, saying they are not trained to assist people with serious gunshot wounds.
"We would handcuff people and try to get them comfortable, but we're not paramedics, and most officers don't know about giving first aid like that other than CPR, and you don't want to give CPR to a gunshot victim," he said.
Investigators later found three weapons in Carnaby's car, police said. One pistol was under the passenger-side floormat. A second was between the seats. On the back seat floorboard lay a pistol-grip shotgun with a round in the chamber and the safety off.
Brooten said he has no idea why his friend and client ran from police, but he has a difficult time believing HPD's account.
"Maybe he thought he was being set up. That's speculation only," he said. "The answer is no, I don't know. But there are multiple reasons why an experienced professional would feel threatened. And given the actions after the shooting, maybe his instinct was correct."
CIA repeats its denial
The CIA on Thursday reiterated its denial that Carnaby had no connection with the intelligence agency.
"This individual was not a CIA officer, and I have seen no indication whatsoever that he had a contract with the CIA," said agency spokesman George Little.
True or not - his friends claim disavowing any affiliation is standard procedure in clandestine intelligence work - Carnaby had certainly been successful at constructing the appearance of a longtime intelligence officer and a well-connected guy.
His Pearland home contains several photos of him taken with local dignitaries, including former U.S. Secretary of State James A. Baker III and Houston Police Chief Harold Hurtt. Both insist they do not know him.
4. CHASING THE TRUTH / The police pursuit that ended in ROLAND CARNABY’S death left behind a puzzle - how to tell the facts of his life from fiction / Was it a spy in the SUV, or a would-be secret agent?
By LINDSAY WISE, DALE LEZON, MIKE TOLSON, MIKE GLENN, STEWART M. POWELL, MATT STILES STAFF
Much about Roland Carnaby's life speaks to a long career as a devoted intelligence officer - from his effort to build a local chapter of the professional association to his personal friendships with current and former members of the intelligence community to his respect and affection for law enforcement and its dignitaries.
His home in Pearland is filled with pieces of his patriotic past. Plaques honor his years of service to the Central Intelligence Agency. A book written by former CIA Director George Tenet is inscribed with a warm and playful message. Photos of him at CIA headquarters, in front of military aircraft and with various dignitaries are prominently displayed.
A small room off the front foyer was Carnaby's study. There's an American flag on the wall and a "CIA" coffee mug on the desk.
Now, in the wake of his strange death Tuesday at the conclusion of a high-speed police chase, doubts have been raised about his oft-projected persona as a CIA operative by the agency itself. It bluntly disavowed employing him. Might the denial be little more than standard operating procedure, as his wife suggests? Or could it be that he spent years constructing an elaborate fraud, with a home filled more with artifice than artifacts?
When his wife, Susan, was asked if she now thinks it possible her husband could have been lying to her for more than a decade, she hesitated.
"How would you know?" she replied quietly. "How would you know if what anybody told you was true?"
As family and friends gathered to mourn his loss, her wavering confidence loomed large. A day after police shot him as he made an ill-advised move upon exiting his SUV, the Carnaby that so many thought they knew had become a shadowy figure, one who apparently concealed from his wife his true whereabouts and from his friends many of the pertinent details of his private life. Even some who stand by him admit they never got to know him really well.
"He never really wanted to talk about his personal life," said one friend who asked not to be named. "Obviously there are some missing pieces."
This friend, and others, remain loyal, both to the warm and engaging man they knew and to the intelligence agent he claimed to be. They insist his bona fides were too solid and his recognition by former intelligence personnel too genuine for him to be a fake. A caller identifying himself only as "Chuck" and responding to an inquiry sent to chapters of the Association for Intelligence Officers insisted Carnaby worked with the CIA in the 1980s in its Soviet Union unit.
The CIA disputes this, which if true means that the agency identification he carried with him at the time of his death and which he occasionally flashed to friends and law enforcement officers would have been bogus.
"While we do not as a rule publicly deny or confirm employment, I will tell you in this case that Mr. Carnaby was not an employee of the Central Intelligence Agency," CIA spokesman Paul Gimigliano said. "He was never a CIA officer."
Wife doubts CIA denial
Of course, the denial doesn't prove that the agency never used him as a contractor. Carnaby was fluent in many languages, family and friends say, including Arabic and French, and could have been useful in the Mideast, especially in the waning days of the Cold War.
Susan Carnaby does not put much stock in the CIA denial.
"No, because why would they even admit it?" she said. "How many cases could that blow? I think that's not their policy to make comments on that type of thing. Roland always told me that if anything ever happened to him don't expect anyone to stand up and say that's what he did for a living. They keep these things undercover for a reason."
A former wife, however, is less convinced. Sha'rie Burch, who lives in Willis, said much about her ex-husband struck her as odd when they were married. He told her he worked with the CIA and even had a small badge, but never explained what he did. If she asked for more details, she said, he'd get defensive and not answer.
"He had very big, tall stories that were hard to believe," Burch said. "It was kind of a suspicious thing."
Port Authority connection
On the other hand, he was friends with local federal agents and they often came to the couple's Spring home for dinner, Burch said. The couple had private dinners with the head of the Houston Port Authority, she said, and Carnaby also was close friends with former Harris County Sheriff Johnny Klevenhagen, who she said was best man at their wedding in 1986. Klevenhagen died in 1999.
The Port Authority connection could make sense for a strictly commercial reason. Carnaby's family, which used the different spelling of Karnabe, was involved in the shipping industry, which was the apparent source of his considerable but undetermined income. He paid cash for his cars.
Burch said she first met him when she was about 19. Friends introduced them. He was 10 years older, drove a Ferrari and boasted about his family homes in New York and Geneva.
He was the son of a wealthy Lebanese family that owns a shipping business, she said. She said he told her that he was born and raised in New York City.
His father, Vincent Said Carnaby, was a Lebanese ambassador to several countries, she said, and son Roland worked for the family business and often traveled for business.
He and Burch divorced in 1993. Part of the reason, she said, was his hot temper.
By the time of their divorce, Carnaby already had another romance brewing. A petite woman with curly brown hair and glasses, Susan Carnaby teaches eighth grade in Northshore. The 56-year-old met her husband about 17 years ago when she worked as the manager of a men's store in the Galleria.
She described him as a gentleman, worldly and traveled.
"He's one of those people who's very unique, very vibrant, the life of the party, knows everybody," she said. "He likes to be around people. He's a people person."
He told her he was a CIA agent and she had no reason to doubt him, she said.
After dating for about five years, the couple married in Las Vegas on Nov. 10, 1997. "He planned the whole thing," she said.
Susan Carnaby said her husband often traveled overseas, leaving for months at a time. If he was in Washington, he would tell her, but most of the time she had no idea where he had gone, she said. It was top secret, he told her.
The last time she saw her husband was in March, she said.
The news that he was in town when he was supposedly traveling, and the mention of a supposed fiancee, stunned her when she learned it after his death. She said she and her husband were not separated.
"Not as far as I know," she said, adding that the couple just moved into their new house in Pearland last June. "All his things are here."
Police Wednesday were still trying to fit together the series of events that ended when Carnaby was shot by officers who surrounded his vehicle after a chase that ended near the Galleria.
During the chase, Carnaby called a friend on his cell phone. The friend, whom police have not identified, was supposed to have lunch with Carnaby that day.
"The guy was telling him, `You need to pull over. You need to do what the officers are telling you,' " said Capt. Steve Jett, commander of HPD's homicide division. "His answer was, `I can't.' "
Tapes back HPD's account
Police don't know why Carnaby felt unable to comply with the officers' demands. He appeared shaky and nervous when pulled over for speeding on Texas 288 near West Orem. He presented a card identifying himself as a CIA employee.
The card was laminated and bore the seal of the espionage agency.
Police said they are waiting for federal officials to determine if the document was legitimate or a fabrication.
Investigators said the three weapons discovered in his car appeared to be Carnaby's and were legally owned. One pistol was under the passenger-side floor mat while a second was between the seats. A pistol-grip shotgun was on the floor board of the back seat. Jett said a round was in the shotgun and the safety was off.
"All he would have to do was reach over the console and pick it up," Jett said.
The officers told investigators they feared for their safety when he reached back into the Jeep for what turned out to be a "shiny" personal assistant-cellular phone.
Jett said there is video and audio that backs up the officers' contention that Carnaby acted "erratically," before making a "very quick overt move" toward an officer.
He said the HPD would probably seek to prevent release of the audio and video until the investigation concludes.
"We have no idea why he ran. We are investigating that," he said. "He was very nervous. The officer said that he was shaking, and the officer didn't understand because most law enforcement would have been friendly."
A review of public records showed that Carnaby had a clean record save for two speeding tickets, including one last summer in Fairfax, Va.
Paper: Houston Chronicle Date: Sat 05/03/2008 Section: B Page: 5 Edition: 3 STAR R.O.
By DALE LEZON, LINDSEY WISE Staff
The wife of a man fatally shot by Houston police and who claimed to be a CIA agent filed a federal lawsuit Friday against the city, accusing the officers of violating his civil rights.
Roland Vincent Carnaby, 52, was killed after he led police on a high-speed chase after a traffic stop Tuesday morning. The CIA has denied that Carnaby was connected to the agency.
The suit, filed in U.S. District Court in Houston, also names Houston Police Department Sgt. Andrew J. Washington and Officer Charles Foster. Both fired at Carnaby.
It states that the officers violated Carnaby's right to protection from unreasonable search and seizure and his right to due process.
Police actions defended
The shooting was unjustified, Randall Kallinen, the attorney for Susan Carnaby, said in a news conference after filing the suit.
HPD spokesman Victor Senties said the department does not comment on pending litigation and directed questions to the city attorney's office.
"I think (the officers) operated the way they should have according to proper police procedures and according to constitutional requirements," said Arturo Michel, Houston city attorney.
Police officials said Washington and Foster fired because they were in fear for their safety.
Excessive force alleged
After the chase ended, Carnaby stopped and was getting out out of his Jeep Commander but refused officers' commands to put his hands in plain sight, officials said. Carnaby then reached under the driver seat and grabbed an object as he began to get out of his car, police said. That's when the officers fired.
"When a person has their back to you, the officer cannot be in reasonable, objective fear for his life," Kallinen said.
Kallinen said Susan Carnaby hopes the suit will make the city change its methods about use of excessive force on suspects. She is also asking for unspecified monetary damages.
Police said the chase started after Carnaby was stopped for speeding along Texas 288.
Hard to verify
The officer who stopped him became suspicious when Carnaby appeared nervous and claimed to be connected to the CIA. Police were trying to determine if Carnaby's claim was true when he sped off.
Officers chased the Jeep north along the South Freeway, with speeds reaching 120 mph, toward downtown Houston and then west on the Katy Freeway. Carnaby then headed south along the West Loop, exiting at Woodway, where the chase ended.
Police said officers would find three weapons in Carnaby's SUV, including two pistols and a pistol-grip shotgun.
Dozens of blog posts refer to Carnaby as a noted intelligence service veteran. The blog posts have been difficult to verify.
Kallinen said that questions surrounding Carnaby's life do not justify his death.
He also said that the officers who shot him have had several disciplinary problems at the department.
Foster, who has been on the force for about 28 years, has been reprimanded twice for rules violations, according to city records.
City records show that Washington, on the force for about 22 years, has been suspended once for five days for striking a suspect and once for one day for speeding.
He also was suspended for three days for insubordination and violating department rules. That suspension was reduced to one day in arbitration.
Paper: Houston Chronicle Date: Sat 05/10/2008 Section: B Page: 3 Edition: 3 STAR R.O.
6. Police review first-aid training / Fatal shooting of man who claimed to work for CIA prompts new look
By LINDSAY WISE Staff
Houston Police Department officials said Friday it is too early to draw any conclusions in their investigation into the death last week of Roland Carnaby, a man who claimed to be a CIA agent before leading officers on a high-speed chase.
However, the department will be looking into whether its officers could do more to aid shooting victims while waiting for paramedics to arrive, said Asst. Chief Michael Dirden of HPD's criminal investigations command.
Officers fatally shot Carnaby, 52, at the end of the 120-mph chase when he stepped out of his SUV and reached back under the seat for a shiny object that turned out to be a personal assistant cellular device.
Carnaby, bleeding from a gunshot wound to the lower back, lay handcuffed on the pavement for 12 minutes after the shooting. He was later pronounced dead at Ben Taub General Hospital.
"We recognize that we can do a better job in trying to ensure first aid is administered swiftly," Dirden said.
Dirden said it is HPD policy for officers to get medical attention for the wounded, but officers are trained only in basic first aid and are not equipped to treat serious gunshot injuries.
He added that the officers involved were traumatized and "may not have been in a situation emotionally" to administer aid to Carnaby immediately.
Carnaby's wife, Susan, has filed a federal lawsuit against the city, accusing the officers of violating her husband's civil rights.
`Nobody shot at them'
Her attorney, Randall Kallinen, said he found Dirden's comments about the emotional state of the officers in the aftermath of the shooting "to be an extremely odd statement."
"Nobody shot at them," he said. "That's not even credible."
The bizarre chain of events began when Carnaby was stopped for speeding on Texas 288 on April 29.
The officer became suspicious when Carnaby appeared nervous and claimed to be connected to the CIA. Police were trying to determine if Carnaby's claim was true when he sped off. The CIA has since denied he ever worked for the agency.
Officers pursued Carnaby's Jeep to the West Loop feeder road near Woodway, where the chase ended as Carnaby slowed to a stop in traffic.
After the shooting, officers found three weapons in Carnaby's SUV, including two pistols and a pistol-grip shotgun. Police said Friday that investigators have determined Carnaby bought both pistols at a local sporting goods store. They have not determined where he obtained the shotgun, they said.
The HPD's homicide and internal affairs divisions, the Harris County District Attorney's Office and the medical examiner's office are investigating the shooting.
"HPD regrets the loss of life and it's paramount that ... we do a thorough investigation to try to understand all the factors involved," Dirden said.
Both veteran officers who fired at Carnaby, Sgt. Andrew J. Washington and Officer Charles Foster, are back on duty.
7. Blogs, `CIA brother' spin zest into Carnaby mystery / Friend's ex-wife calls claims about spy work hogwash
By MIKE TOLSON Staff Paper: Houston Chronicle Date: Sun 05/11/2008 Section: B Page: 1 MetFront Edition: 3 STAR R.O.
When it comes to Roland Carnaby, the truth is out there - way out there. So far out that you reach the blogosphere before finding anything that publicly connects him to his beloved Central Intelligence Agency, which he claimed to still patriotically serve when Houston police shot him down at t he end of a crosstown chase on April 29.
But even that obscure, blog-world confirmation is not what it seems to be, which is pretty much what you get with Carnaby, the curious 52-year-old son of Lebanese parents who spent much of his time in bars and restaurants dropping broad hints that he was somebody, or something, else.
The "proof" of his tie to the CIA - denied repeatedly by the agency itself - comes indirectly through a Houston man, Alan Premel, who supposedly served with him and who has been linked to him on numerous Internet sites. If one believes the various posts about him, Premelis a former CIA wunderkind who won the agency's highest award for valor before a nasty separation and lawsuit that netted him a multimillion dollar settlement.
Those posts are made on obscure blogs that ceased shortly after posting articles about Premelor in the reader comment sections of better-known, ongoing blogs. A few appear in comment sections of legitimate stories posted on mainstream news media sites.
Taken together they give a whiff of credibility to the assertions of Carnaby's friends that he was the agent he claimed to be, especially considering they were made long before Carnaby was killed.
One of them, at the short-lived papparazzipress.com, refers to Carnaby as one of "CIA's most experienced, talented and high-profile clandestine officers." Another mentions Premel as a "battle hardened and battle tested CIA war hero" who was "the youngest supervisor to ever head a task force."
Shortly after Carnaby's death, Premel's personal page on MySpace.com displayed a photo of him with Carnaby - or "Tony" as he was known to most of his friends - pasted in front of a CIA seal along with the words: "We lost Tony. RIP my great brother. I will see you soon."
Plenty impressive. But is any of it true?
Premel's former wife spent years enmeshed in his claims of being a spook and his sly mentions of CIA intrigue that was too sensitive to divulge. She is familiar with many of the references to Premel and Carnaby in cyberspace, all made through anonymous bloggers or pseudonymous blog readers. She has a simple description for it all.
"A bunch of hogwash," she said.
Amy Carter was married to Premelfrom 2001 to 2006 and confirmed that he was indeed a friend of Carnaby, whom she recalled meeting at least a dozen times. But not for a minute did she buy into their claims of a secret life of government service. At least with respect to her husband, the entire notion was literally incredible.
A fantasy world
"He brought lying to a new level," Carter said in an interview. "He lives in a fantasy world. As long as everybody follows along with that, he's OK. But when you challenge it, he falls apart."
As for Carnaby, she claimed to know little. But she doubted much.
"I didn't like him," she said. "If for no other reason, he was perpetuating what I knew to be a lie."
At the time Carter was hopeful of saving her marriage. She said she wanted Premel to own up to the CIA fantasy and pushed counseling sessions in the hope of moving past it.
"He never once admitted to the lie," she said. "I have no idea where it originated."
Premel , 32, lives in Atascocita. He would not agree to an interview. But through messages sent in response to queries to his MySpace page, he still vouches for Carnaby's CIA work, at least up until recent months when he said they drifted apart.
"Not only is he what he says he is but he is deeply connected," Premel wrote. "There is a smear campaign out there. CIA is misunderstood as an intelligence agency. What it really is is a covert action agency. Even through death CIA will deny not only officers but professional civilian contractors."
Premel said Carnaby was in Houston because of "shipping stuff" and "port security." He added that the truth about Carnaby's life would be "one of the greatest stories ever told, (but) no one will be hearing it anytime soon."
Conspiracy blogs are not bothering to wait. Carnaby's odd death, combined with Internet references linking him to Premel and top positions at the CIA and an already ingrained suspicion of government and law enforcement, have been more than enough to keep Carnaby alive indefinitely as another piece of an ever-enlarging puzzle.
Among the more interesting claims: He was chasing a suitcase nuclear bomb that had arrived in the U.S. from Israel when he was killed; or he was murdered because he had infiltrated a local Mossad ring.
Carnaby had no shortage of friends in Houston standing up for him in the days following his death. They said he knew too many local law enforcement officials to be a fraud. And he seemed to be too devoted to spycraft and the mission behind it for it to have been a casual interest.
"I mean he lived and ate and slept it, and he could never really get his mind off it," said his brother-in-law, Rob Kouts. "Took his work with him wherever he went, family holidays or whatever. He was just obsessed with his work and his country."
Kouts said he understood why the CIA might have disavowed him, but it nonetheless pained him and his sister, Carnaby's wife Susan. That rejection made it seem as if they had no clue about what sort of person he really was.
" `We don't know him.' Yeah, right. Then why did they give them this plaque and several like it?" Kouts said, gesturing at a tabletop crowded with CIA mementoes."We always knew that if something happened to him, nobody was going to come forward, at least not with any details. At the end of the day, I don't think they're going to deny it forever."
Not even good fakes
For the agency to say anything at all is unusual. It did not respond to queries about Premel. In Carnaby's case, however, it took the unusual step of denying any current or former association with him. Those of conspiracy bent saw a hidden significance to the quick denial. After all, they say, surely all the plaques of recognition speak louder than official statements to the press.
To Robert Baer, longtime CIA agent turned bestselling author and technical adviser for the Hollywood film Syriana, the plaques in question mean nothing. Shown photos of them via e-mail, Baer said they were fakes, and not even good ones. And for the record, he said he has never heard of Carnaby or Premel, even though the latter's name had been dropped by someone into Baer's Wikipedia biography.
To Sha'rie Burch, one of Carnaby's ex-wives, his life was a case of a fantasy running amok. She never bought his claim to a CIA connection or saw any evidence beyond his assertions. She said whenever she challenged him he would get angry and defensive.
To Carter, Premel's ex, the obsession with spy work and the accumulated props sound all too familiar. She said her ex-husband also had plaques and identification badges.
Premel did not have the money to disappear for long periods of time as Carnaby apparently did, which may explain why Carnaby's wife thought he was out of the country when he actually was in Houston hanging out with friends and reportedly carrying on a romance with another woman.
The Premel of Internet lore - created entirely by anonymous Web postings - is not unlike the vaguely romantic and exciting figure that Carnaby was to his friends. Not only was Premel a CIA hero, but he was writing a book to be titled Way of the Ghost, consulting on Hollywood scripts along with Baer and dating Paris Hilton, actress Rachel McAdams and a former Houston adult movie performer.
He was such a fascinating figure that CNN National Security Correspondent David Ensor did a lengthy interview with him. Never mind that Ensor had left the network at the time the interview supposedly took place.
The porn connection
At least there was some truth to dating a one-time porn actress. Her screen identity, borrowed without permission from an old high school friend, was Syvette Wimberley. Her actual name is Laura Madden, and she met Premel through friends. They went out a few times before she cut off the relationship, said Madden's attorney, Kent Schaffer.
He said he had to send a threatening letter to Premel to stop him from bothering her.
"He boasted about being a government agent, and he was able to disappear people and all that sort of stuff," Schaffer said. "He scared her. She believed him. I sent him a cease and desist letter, and she never heard from him again."
Where all the postings about Premel came from is a mystery. Carter figures she has a pretty good idea.
"In reality, he's a 32-year-old guy who lives at home with his parents," she said. "He has no money. He has a lot of time. The fantasy world in his head is a lot better than the world he lives in."
Premel does have one connection to the government. He has been charged in county court with misdemeanor theft. He was accused of stealing Apple iPods while a FedEx driver this year and has a court date next week.
Paper: Houston Chronicle Date: Fri 05/23/2008 Section: B Page: 2 Edition: 3 STAR R.O.
By MIKE GLENN Staff Archive is the same as the original article
The lawyer representing Roland Carnaby's widow in her lawsuit against the city said the Houston Police Department violated its own policies when officers pursued the man who claimed to be a CIA agent on a crosstown chase that turned deadly.
The policy, which came into effect about two weeks before the April 29 high-speed chase, mandates that officers must "reasonably believe" that immediately apprehending the suspect outweighs any possible risk to the public.
One of the factors to be considered, the policy states, is whether police can gather sufficient information about the person to file an arrest warrant. If so, officers "will be expected to discontinue the pursuit," the policy states.
"They knew exactly who he was and where he lived," said attorney Randall Kallinen. "They knew his criminal record. He had never been arrested for a crime."
Another factor, according to the policy, is the seriousness of the original offense.
Carnaby, 52, was stopped for speeding along Texas 288 near West Orem. He fled after showing the officer an identification card that he claimed came from the CIA.
On Thursday, Police Chief Harold Hurtt said the department is continuing to investigate.
Police said Carnaby failed to present his permit to carry a concealed weapon when officers pulled him over. They later found three weapons inside his Jeep SUV - including a pistol and a shotgun.
Kallinen also criticized the officers' decision to surround Carnaby's vehicle once the chase ended on the southbound 610 West Loop feeder road near Woodway.
"You must get verbal communication once a pursuit has been ended and there is a person in the car (but) they did not," Kallinen said. "They attacked the car with batons."
Carnaby was fatally shot after stepping out of the vehicle, turning around and reaching under the seat for a shiny object that turned out to be a cell phone.
Although the CIA maintains that Carnaby had no connection with the organization, Kallinen said Carnaby's past assignments for them and law enforcement agencies such as the FBI will come to light during the upcoming lawsuit.
"We will prove that Mr. Carnaby worked for the security interests of the federal government and was paid for it," Kallinen said.
Hurtt said he was told by the FBI that Carnaby "may have" been an informant at one time for them but had no other details about the relationship.
On Thursday, Houston FBI spokeswoman Shauna Dunlap said the agency "cannot confirm nor deny the names of people who provide us with information."
Paper: Houston Chronicle Date: Sat 05/24/2008 Section: B Page: 2 Edition: 3 STAR R.O.
9. Judge issues orders to city in Carnaby suit / He says evidence normally discarded must be preserved
A federal judge on Friday ordered the city of Houston to preserve all evidence related to the fatal shooting last month of a man who claimed be a CIA agent and led officers on a high-speed chase.
Randall Kallinen, the lawyer representing Roland Carnaby's widow in a federal suit accusing the officers of violating her husband's civil rights, asked U.S. District Judge Keith Ellison to force the city to retain items, including 911 tapes and data transmissions that the department normally discards after a few months.
"The condition of the guns are very, very critical to the case," he said.
Annie Teehan, a senior assistant city attorney, said she didn't know if the guns had been discharged since the April 29 fatal shooting.
"I doubt it has been discharged by the officer," she said, though it "may have been in the homicide's investigation."
Carnaby, 52, was stopped for speeding along Texas 288. He showed the officer an identification card that he claimed came from the CIA, but fled after police learned he had a license to carry a concealed weapon.
The CIA maintains Carnaby was not connected to it.
Houston Police Chief Harold Hurtt said this week that the department is continuing to investigate.
The lawsuit alleges that police used excessive force on Carnaby and submitted him to unreasonable search and seizure. Susan Carnaby seeks HPD policy changes as well as unspecified monetary damages.
During a hearing Friday morning, Teehan confirmed that the Secret Service is looking at Carnaby's laptop.
The judge also declined Teehan's request for a gag order.
"I think counsel is trying his case in the media already," she said, referencing Kallinen's news conference Thursday about HPD policies. "He's doing it now and when we get closer to trial, I just feel it will be even worse and poison the potential jury pool."
Kallinen said he's just exercising his First Amendment right.
"The city of Houston has come out with several press conferences about how they do things correctly," Kallinen said. "I am merely responding to those."
Also, Kallinen filed an amended complaint that provides the correct name of both officers accused who discharged their guns. They are Andrew J. Washington and Cecil Foster - not Charles Foster, who is retired.
Paper: Houston Chronicle Date: Fri 07/25/2008 Section: B Page: 3 Edition: 3 STAR R.O.
10. No indictments in death of man claiming CIA ties / 2 officers shot driver after chase; civil suit continues
A Harris County grand jury Thursday declined to indict two Houston police officers in the shooting death of a man who claimed to be a CIA agent.
Roland Carnaby was fatally wounded on April 29 after fleeing from a traffic stop and leading police on a high-speed chase through the city.
Carnaby was killed after stepping out of his vehicle on a feeder road off Loop 610 West, turning around and reaching under the seat for a shiny object that turned out to be a cell phone.
The grand jury declined to indict Sgt. Andrew Washington and officer Cecil Foster, said Donna Hawkins, a spokeswoman for the Harris County District Attorney's Office.
"Fatal shootings involving law enforcement are referred directly to a grand jury," Hawkins said. "After careful consideration, the grand jury chose not to indict the two officers involved."
Initially placed on administrative leave, both officers returned to duty days after the shooting.
Carnaby, 52, of Pearland, was stopped for speeding on Texas 288. He showed the officer an identification card that he claimed was issued by the Central Intelligence Agency but fled after police learned he had a license to carry a concealed weapon.
The CIA insisted that Carnaby was not connected to the agency. His widow, Susan Carnaby, has maintained that Carnaby was a longtime CIA employee who frequently left the country on assignments.
Houston Police Chief Harold Hurtt has said he was told by the FBI that Carnaby "may have" been an informant at one time for them but had no other details about the relationship. At the time, a Houston FBI spokeswoman said the agency "cannot confirm nor deny the names of people who provide us with information."
Susan Carnaby has filed a lawsuit against the city saying HPD violated its own policies when officers pursued him.
Her attorney, Randall Kallinen, said it was unfortunate the two officers were not indicted, but the no-bill does not preclude the city from liability.
If the officers were acting in the scope of their duties, their employer would be liable for the death instead of the officers individually, Kallinen said.
Kallinen also said Carnaby was an independent contractor for the CIA, the FBI and the Secret Service. He said Carnaby's ability to speak seven languages enabled him to do in-depth background checks for the federal agencies.
He also said HPD's chase policy is "highly flawed." Hurtt said the department is reviewing the policy.
"Anytime we have an incident like that, we go back and look at training policy and procedures. If there are changes that need to be made or training that needs to be improved, we do that," Hurtt said. "It appears that they (the officers) did a pretty fair job of following what our policy states and what the law was."
11. Carnaby shooting lawsuit on hold / Judge awaits details in city's plea for secrecy Paper: Houston Chronicle Date: Thu 08/07/2008 Section: B Page: 1 MetFront Edition: 3 STAR R.O. By MARY FLOOD Staff
The city of Houston wants a federal judge to order a widow to keep secret her husband's homicide report and the internal investigation of the police who shot him.
The request was made in the federal civil lawsuit filed by Susan Carnaby, the widow of 52-year-old Roland Carnaby, a man who claimed to be a CIA agent and was shot in April after leading police on a high-speed chase. The widow asks for damages but also seeks changes in police customs and practices.
"Susan Carnaby does not want other people to suffer as she did through the death of her husband," said her attorney Randall Kallinen. "Only public outcry will change the policy so other people won't be put in danger. The documents will show what they did and whether there is some excuse for what they did."
U.S. District Judge Keith Ellison heard arguments on Wednesday from both sides and gave the lawyers two weeks to find precedent to support their arguments. Two Texas media law experts said it seems likely the reports will be made public.
Roland Carnaby was fatally wounded after fleeing from a traffic stop and leading police on a chase. He was killed after stepping out of his vehicle on a Loop 610 feeder road, turning around and reaching under the seat for a shiny object that turned out to be a cell phone.
Susan Carnaby sued the city and Houston Police Department Sgt. Andrew Washington and officer Cecil Foster, who each fired at her husband. A Harris County grand jury declined to indict Washington and Foster in late July.
Annie Teehan, a senior assistant city attorney, argued that because Texas open records laws would keep the city from publicly disclosing investigatory reports on an incident that did not result in a conviction, a federal judge should not allow the reports, 911 calls and the dispatch tapes to be made public in this case.
She said internal documents, like the internal affairs division report on the shooting, would also be kept private under the Texas records laws.
Teehan said the city is willing to provide this material to the widow and her lawyers but "my concern is with the dissemination of the information."
"There is no legitimate reason for (Susan Carnaby's) alleged need to disclose this information to the public. Public disclosure of the information and documentation produced in this case could affect the ability of the parties to have a fair trial and the ability to seat a fair and impartial jury," Teehan wrote in court papers.
But Kallinen said his client filed a lawsuit in part to make sure the public is aware of HPD actions, policies and procedures, and she wants to bring light to police shootings.
"I believe the public has a right to know the details of the investigation, especially when the police department is investigating itself," Susan Carnaby said in an affidavit to the court. "I am sure my husband would have wanted as many of the actual circumstances as possible regarding his shooting by the Houston Police, as well as the investigation by the Houston Police, to be open and not hidden."
Her attorneys agreed that they will not disseminate personal information such as phone numbers, Social Security numbers or information that would harm a particular witness.
Two media lawyers who work with the state open records laws and lawsuit discovery said the law may be on the widow's side.
"The public information act doesn't apply to case discovery and protective orders. And if you look at this in terms of the larger issue, the information is relevant to public health and safety," said Houston lawyer Joe Larsen, who has handled cases for the Houston Chronicle and other local media.
Larsen said the city needs to better explain what government interest could trump the public interest in this case.
Pete Kennedy, a media lawyer in Austin, said a federal judge could consider the Texas open record laws but would not be bound by them.
Both Larsen and Kennedy said the government's concern about a biased jury pool can be addressed in other less restrictive ways like questioning potential jurors.
"There are other ways to get a fair trial rather than suppressing government information," said Kennedy.
12. Shootings: More light, fewer suits Paper: Houston Chronicle Date: Sun 08/10/2008 Section: B Page: 1 MetFront Edition: 3 STAR R.O.
By RICK CASEY Staff
The city of Houston doesn't want you to see the report of its investigation of the police shooting of Roland Carnaby, the self-described CIA agent.
Such secrecy is a long-standing tradition in the way Texas cities tend to handle police shootings.
Police investigate their own officers. The district attorney presents the findings to a grand jury in secret sessions. The grand jury declines to indict.
The only way much information comes out tends to be through lawsuits.
Lived in the shadows
There's a better way, which I will describe below.
Carnaby's life is clouded in mystery, since the CIA denies that he was an agent, though his widow and some friends maintain that he was.
He was shot and killed by police officers after leading them on a high-speed chase last April.
Now the city seeks to make sure his death is also shrouded in as much secrecy as possible.
Susan Carnaby, his widow, has filed a federal civil rights lawsuit that forces the city to give her copies of the Police Department's investigation report together with some other material.
But as my colleague Mary Flood reported last week, the city attorney's office has asked U.S. District Judge Keith Ellison to order her and her lawyers to keep the information from the public.
Seattle's better way
Their argument is that public disclosure "could affect the ability of the parties to have a fair trial and the ability to seat a fair and impartial jury."
That sounds noble, but doesn't explain why the city is also asking the judge to require Carnaby and her lawyers to return all the materials when the lawsuit is concluded and to mandate that the order "will remain in effect permanently, regardless of the outcome of this case, unless modified or dissolved by the Court."
In King County, Wash., which includes Seattle, they have a better way. It was instituted in 1982 after they, like many cities, experienced heated public protests involving shootings of minority citizens by police officers.
The traditional "trust us" approach still followed by Texas did not help, so they decided to try something new.
Every death at police hands or in the custody of law enforcement officials (including jailers), led to a public proceeding called an inquest.
It took place in the equivalent of state district court. An assistant prosecuting attorney would collect and present evidence, including the police investigative file, and question witnesses under oath.
After the prosecutor finished, the witnesses would face questioning by attorneys for both the family of the deceased and the police officers.
At the end of the inquest there would be no closing arguments. The jury of six would retire to consider a number of questions presented by the judge designed to determine whether jurors believed the evidence to show the officers had sufficient reason to use deadly force.
The jury's finding was purely advisory, the proceeding having no purpose other than to help the prosecuting attorney decide whether to seek an indictment and to give the public confidence that the death was fairly investigated.
It wasn't a gun
As it happens, I covered the first such inquest.
It was a sad case involving a mentally ill man under a street light who pulled from his pocket what police thought to be a gun. When they searched his body it turned out to be a can opener. The jury voted 4-2 that the police did not act inappropriately.
In the 26 years since, dozens of inquests have been held. Not one has led to a jury finding that the officers involved were at fault. And not one officer has been indicted for actions in the course of duty.
Some activists criticize the procedure, partly because of this startling statistic. They also note that police have the benefit of experienced, publicly paid attorneys, while the families of the deceased, usually poor, get spotty representation.
The police still don't like the proceedings either, says King County Prosecuting Attorney Dan Satterberg.
"The cops feel like they're on trial," he said.
But the police also face fewer lawsuits where they actually are on trial.
"Our experience is that many times the suits don't materialize because the family's attorney gets to see the circumstances of the death and the contributions of the deceased to the situation," he said.
When families do file suits, they more often are settled without trial.
"They usually end up settling because both sides have had a chance to assess the evidence through the inquest process," he said. "They can better predict what a subsequent jury may find."
In addition, the inquests "clear up a lot of rumors and untrue suspicions" by the public, Satterberg said.
"We give officers tremendous license to use force," he said. "I don't think it's too much to ask that when someone dies that we bring some sunshine to the matter."
More sunshine, fewer lawsuits. Sounds good to me.
13. Filling in the blanks / Public should have access to details of the investigation of a controversial police shooting.
Paper: Houston Chronicle Date: Sun 08/17/2008 Section: Outlook Page: 2 Edition: 3 STAR
THE facts and fictions surrounding a high-speed police chase that led to the fatal shooting of self-proclaimed intelligence agent Roland Carnaby in May make it one of the most puzzling incidents in HPD history.
Now that his family has filed suit in federal court, city of Houston lawyers have asked Judge Keith Ellison to keep the offense report and internal affairs investigation of Carnaby's death confidential. The judge will decide the issue.
Given the numerous questions surrounding Carnaby's background and conduct, and the tactics of his police pursuers, sealing the record would be a mistake. All official documents that can cast light on this troubling incident should be made available to the public and the subject of testimony in open court.
The incident began with a routine stop of Carnaby's speeding Jeep by officers on Highway 288, but swiftly entered a law-and-order twilight zone. When Carnaby produced an ID card supposedly issued by the CIA, the officer held him while checking out its validity with superiors. Carnaby called a contact in HPD Internal Affairs and tried to get someone to vouch for him.
When asked to step out of his vehicle, Carnaby then drove away and led police on a chase with speeds reaching 120 mph. During the chase he apparently called a contact in the Houston office of the FBI and asked for help. When he was finally stopped again on the West Loop, officers approached and smashed a window when Carnaby ignored orders to step out of the jeep. He exited the vehicle, then reached back to grab a cell phone under a seat.
Officers said they thought the device was a weapon and opened fire. They handcuffed the dying Carnaby, and he lay on the pavement for more than 10 minutes before receiving medical attention. He was pronounced dead on arrival at Ben Taub Hospital. Two pistols and a shotgun were recovered from Carnaby's vehicle.
Although a Harris County grand jury declined to indict the two officers who shot Carnaby, the lawyer for his widow, Susan, questions whether the high-speed chase was necessary and in line with HPD regulations.
The lawyer, Randall Kallinen, contends that in pursuing Carnaby, officers violated a newly instituted department rule designed to cut down on the number of innocent bystanders killed or injured in high-speed chases.
The policy requires officers to weigh whether the risk to the public of a hot pursuit is justified. If a suspect poses no immediate danger and enough information is available to issue an arrest warrant, officers are expected to discontinue the pursuit. In Carnaby's case, that did not happen.
The death of Roland Carnaby was a tragedy brought on by his own irresponsible actions coupled with questionable police responses:
Why did HPD officers ignore a policy that had been designed to reduce the collateral damage from high-speed chases? With the suspect in contact with law enforcement officers who knew him, why was no attempt made to negotiate with him? Why was a man who had been shot multiple times handcuffed and allowed to bleed on the pavement for 10 minutes?
The city's position that release of investigation reports would bias a civil trial jury is unconvincing. Cases with far more pre-trial publicity than this one have been tried by impartial juries selected without difficulty.
It is more important that the public find out what led to the death of Roland Carnaby, how HPD is enforcing its hot pursuit policy and whether it will alter police behavior that has contributed to the needless deaths of innocent motorists and bystanders.
14. Carnaby had no drugs, alcohol in his system / Man who claimed to be CIA agent shot after fleeing police
Paper: Houston Chronicle Date: Fri 08/22/2008 Section: B Page: 3 Edition: 3 STAR R.O.
A man who held himself out as a CIA agent and led Houston police on a lengthy chase before being shot when he exited his vehicle had no traces of alcohol or drugs in his system, according to autopsy results released Thursday.
Roland Vincent Carnaby, 52, was killed by a single gunshot to the back that pierced his spine and caused massive internal damage. Police said at the time that two officers fired at Carnaby after he a made a move to retrieve something from his SUV, which turned out to be a cell phone. Medical examiners found only one wound.
A Harris County grand jury declined to indict HPD Sgt. A.J. Washington and officer C.A. Foster of any wrongdoing in the April 29 incident, which began as a routine traffic stop. Police said the two fired because they feared for their safety.
After the chase ended, Carnaby stopped and was getting out out of his Jeep Commander but refused officers' commands to put his hands in plain sight, officials said. He then reached under the driver seat and grabbed an object as he began to get out of his car. That's when the officers fired.
Carnaby's widow, Susan, has filed a wrongful death lawsuit against the city.
The CIA denied any connection to Carnaby. His widow, family and some of his friends insist he did work for the agency. His death has become a subject of interest to conspiracy theorists who suspect he was killed because of his activities as a covert intelligence officer.
Officers disciplined in Carnaby shooting By DALE LEZON Copyright 2008 Houston Chronicle Nov. 18, 2008, 10:05PM
The Houston police officers involved in the shooting death of a man who claimed to have ties to federal law enforcement were disciplined for not trying to talk to the man before they approached his car after a high-speed chase earlier this year, according to the department's investigation of the case.
However, the investigation concluded that the officers were justified in shooting Roland Carnaby last April 29.
Randall Kallinen, attorney for Carnaby's widow, who has filed a federal wrongful death lawsuit against the officers and the city, said the outcome of the investigation shows the officers are liable for Carnaby's death because they violated department policy.
Kallinen also said that in sworn testimony in depositions the officers said they had acted as they had been trained.
In letters to the officers dated Nov. 5, the department's internal affairs division found that Sgt. Andrew J. Washington and Officer Cecil A.T. Foster did not use sound judgment and did not follow department policy in the incident.
Failure to follow policy Disciplinary records filed with the Civil Service Commission state that Washington and Foster did not follow department policy when they left their positions of cover and approached Carnaby's vehicle without trying to talk with him first. The records also state that Washington did not properly supervise Foster.
Chief Harold Hurtt suspended Washington for one day and gave Foster a written reprimand. Washington has appealed his suspension while Foster has filed a grievance.
The department referred questions about the case to the Houston Police Officer's Union.
"The guys do the best they can in dangerous situations," said Chad Hoffman, a union attorney who is representing the officers. "The department should not second-guess every single split-second decision officers must make."
High-speed chase The shooting occurred after Carnaby flashed what appeared to be a CIA identification badge during a traffic stop on Texas 288 near Orem. The officer who stopped him became suspicious and asked him to step out of his Jeep.
Carnaby, 52, drove away and led police on a chase with speeds reaching 120 mph. He eventually ran out of gas and rolled to a stop on the southbound 610 West Loop feeder road near Woodway.
Video shot from two patrol cars shows Carnaby getting out of his SUV on the driver's side as an officer bashes in the passenger side window with a baton. Carnaby then reaches back into the car for a "shiny object" that turned out to be a cell phone, police said.
Thinking Carnaby had a weapon, Washington and Foster fired. Carnaby was hit once in the back.
A grand jury declined to indict the officers in July.
|Susan Carnaby lawsuit text|
|IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SUSAN CARNABY, INDIVIDUALY and )( AS REPRESENTATIVE OF THE ESTATE OF ROLAND CARNABY, )( CIVIL ACTION NO.:___________ DECEASED, Plaintiff, )( v. )( CITY OF HOUSTON, HPD OFFICER CHARLES FOSTER and HPD )( OFFICER ANDREW J. WASHINGTON, Defendants. )( PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT TO THE HONORABLE JUDGE OF THIS COURT: NOW COMES SUSAN CARNABY, INDIVIDUALLY and AS REPRESENTATIVE OF THE ESTATE OR ROLAND CARNABY, DECEASED and files this original complaint against the City of Houston and HPD officers Charles Foster and Andrew J. Washington and sets forth as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction over Plaintiff’s federal claims, under 28 U.S.C. §§ 1331 and, 2201, 42 U.S.C. §§ 1983 and 1988, and supplemental jurisdiction, under 28 U.S.C. § 1367(a), to hear Plaintiff’s state law claims under the Texas Tort Claims Act and other state law, if any. 2. Venue is proper in this Court, under 28 U.S.C. § 1391(b), because the incident at issue took place in Harris County, Texas, within the United States Southern District of Texas. PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 2 PARTIES 3. Plaintiff is a resident of Brazoria County, Texas. 4. Defendant Charles Foster is a City of Houston police officer and can be served with process at the Houston Police Department at 61 Reisner in Houston, Texas. 5. Defendant Andrew J. Washington is a City of Houston police officer and can be served with process at the Houston Police Department at 61 Reisner in Houston, Texas. 6. Defendant City of Houston in a municipality within the Southern District of Texas. FACTS 7. On April 29, 2008 in the early afternoon the Houston Police Department stopped Roland Carnaby, 52, for speeding in the south of Houston, Texas. Roland showed the officer his identification and the officer checked Roland’s background via the squad car computers. Roland then drove off and a police chase ensued. At the beginning of the chase officers checked Roland’s record and found that he was not wanted by the law and had never been convicted or even arrested for a crime in his entire life. The police officers also confirmed that Roland had passed the rigorous background checks needed to obtain a lawful Texas concealed handgun permit.1 Despite this knowledge HPD chased Roland at speeds over 120 miles an hour through Houston streets and highways endangering any man, woman or child that they passed. 8. Roland came to stop. With full knowledge of Roland’s background police attacked the vehicle with nightsticks and weapons drawn shouting for Roland to get out. When Roland complied an officer slammed Roland with the SUV door. Houston Police Officers Two 1 Houston police officers claim the because Roland had a concealed handgun permit this made him more dangerous than someone who does not have a concealed handgun permit. PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 3 officers at shot Roland Carnaby. Instead of administering any aid to the gunshot wound(s) the officers handcuffed Roland and left him lying facedown on the street. 9. Roland died of a gunshot wound to the BACK which caused catastrophic loss of blood. Houston Police Chief Hurtt, policymaker for the City of Houston, viewed the various videotapes and evidence and stated that the actions of the police were consistent with the policies and practices of Houston, Texas. 10. The two officers who shot at Roland have sustained disciplinary records including suspensions from duty for offenses including theft, violent striking of a prisoner, failure to abide by laws, not being truthful, insubordination and speeding. 11. The following shootings of civilians by the Houston Police Department also involve questions of improper procedures regarding shooting when not in objective fear of their lives or the lives of others, stopping suspects in vehicles and extracting suspects from vehicles (this list is not exhaustive). 4/11/08 - Tim Stokes, b/m, 28, killed when shot by Houston PD Sgt. Charles W. Jones (24-yr vet, North Patrol Div.), off duty and in plain clothes. Jones was visiting a friend when he heard a noise in the apartment parking lot. He looked out a window and saw someone breaking into his friend's car. When he approached the car and saw Stokes inside it, he claims he identified himself as a police officer and "gave verbal commands" to him. Jones further claims that Stokes then lunged at him with a screwdriver, and he shot twice, striking Stokes in the chest. Stokes is the 6th person known to have been shot to death this year by a Harris County police officer. 4/9/08 - L. Mendez, 31, wounded when shot by Houston PD officer Carl T. Sanders, a 15-yr vet. Sanders tried to make a traffic stop, and a short pursuit followed. When Mendez was forced to stop at a dead end street, he began to run away on nearby railroad tracks. Sanders followed. Claiming he thought Mendez had a gun, Sanders shot once, striking him in the ankle. 3/4/08 - Glenn Moreau, killed when shot by Houston PD officers C. Andersen, A. Rendon, R. Jennings, O. Maldonado, M. Franklin, and C. Darlow. 2/22/08 - Marcus Anthony Alvarez, h/m, 22, killed when shot by Houston PD officers Osvaldo R. Gutierrez (Westside Patrol, 2-yr vet), Noe Juarez (12-yr vet) and Andrew Egras (4-yr vet). Alvarez and a companion had robbed someone outside a nightclub where the officers were working off-duty, and began shooting when the officers approached them. Alvarez was killed, and officer Gutierrez was shot in the leg. Alvarez is the second person known to have been shot to death this year by a Harris County police officer. PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 4 2/20/08 - Demetrik Hurts, wounded when shot by Houston PD officer B. Gill. 2/13/08 - Havanna P. Garcia, h/f, 29, wounded when shot by Houston PD officers A. Arriaga, J.R. Salinas and F. Cardoza (all 5-yr vets assigned to Southeast Patrol Division). Police say Garcia was driving a stolen car, and when they tried to stop her, they claim she "became evasive" and tried to strike them with the car while they were on foot. All the officers shot at her, and she was struck in the elbow. 1/15/08 - Jose Ayala, h/m, 21, critically wounded when shot by 8 Houston PD officers. The officers are: G. Rodriguez (24-yr vet), J.A. Cantu (15-yr vet), M.T. Romero (23-yr vet), T.D. Haase (24-yr vet), J.B. Byrd (28-yr vet), J.L. Thomas (23-yr vet), all assigned to Eastside Patrol Div., and Sgt. R. Rodriguez (23-yr vet), and officer A.C. Dealejandro (22-yr vet), both assigned to South Central Patrol Div. Officers had stopped Ayala's vehicle to arrest him for probation violation. A chase ensued and, when Ayala finally stopped and got out of his car, officers claim he pointed a weapon at them and they opened fire. They claim he then tried to enter a house but failed, pointed a weapon at them, and they again fired on him. The weapon turned out to be a BB gun. 2/31/07 - J. Varges, wounded when shot by Houston PD officer Richard Martinez, 27 (2-yr vet, Southeast Patrol Div.), working off-duty as an apartment security guard. Martinez noticed a woman crying for help as she sat in a car with a man; the woman told him the man had raped her. When Martinez tried to arrest Varges he was knocked to the ground. Martinez then fired once, hitting Varges. It is unknown how seriously he was injured. (media reports) 10/18/07 - Raymond Smith Jr. b/m, 29, killed when shot twice by Houston PD officer Brian Marshall Bueno (5-yr vet), who claimed he feared for his life when the unarmed and naked Smith allegedly chased him. Bueno was ticketing another driver when Bueno stopped and got out of his pickup truck. He asked the other driver (apparently someone he knew) if Bueno was (expletive) with him, and an argument between Smith and Bueno ensued. Bueno began to pat him down, and witnesses say Smith's pants fell down. They say that when Smith tried to pull them up Bueno shot him with a Taser, which had no effect except possibly to annoy Smith, because he then tore off all his clothes and ran into some nearby woods. Bueno followed, but then claims Smith charged at him, so he shot him. Smith fell, but got up and ran to the patrol car, where police claim he tried to drive away. Bueno and backup officers pulled him out of the car, and Smith ran back into the woods, where he died. Smith is the 10th person known to have been shot to death this year by a Harris County police officer. 8/14/07 - Brittnee S. King b/f, 18, wounded when shot on her 18th birthday by Houston PD officer Patrick Carraway (sworn in just 4 months ago, assigned to Northeast Patrol Div.) Officers saw a passenger in King's vehicle throw some trash out the window and tried to stop her. Apparently, King was near her home, and she instead continued driving to her apartment complex, where a code was required to enter. As she began punching in the code, Carraway claimed he saw a shiny object in her left hand, and shot her. King's mother says the "shiny object" was likely the bracelets she was wearing that night. 7/31/07 - Reginald Lee Sumbler, b/m, 21, killed when shot multiple times by Houston PD officers Sergeant P.E. Ogden III (Eastside Patrol Division), Officer H.M. Wagner Jr.(5-yr veteran, Southeast Patrol Division), Officer T.S. Warren (Special Operations Division), and Officers Patrick J. Straker, A. Gonzales, R.L. Kent, and R.J. McCusker (SWAT). Police say PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 5 Sumbler had called them, saying he wanted to die. The first officer to respond found him outside his home, holding a gun and a Bible. A CIT officer then spoke to him for nearly an hour, convincing him to move away from his gun and read his Bible. As he did so, SWAT officers arrived and began surrounding him. Alarmed by SWAT's arrival, police say Sumbler grabbed the gun; at least one witness said he didn't pick up the gun at this point. Police claim he then pointed it at the officers; witnesses say he did not. One of the officers shot once, and Sumbler fell backward into a ditch. He then grabbed for the gun, and all seven officers opened fire. Sumbler is the 8th person known to have been shot to death this year by Harris County police officers. See also 10/23/06 - Straker kills Mohammad Rafi; and 8/13/01 - Straker kills McLoren Anthony Jones; and 9/2/03 - Straker kills Mary J. Beasley; and 6/10/99 - Straker kills Demetrio Martine Hernandez; and 8/11/05 - Wagner kills Ronald Charles Newman. 7/21/07 - Steven Guillory, b/m, 39 and mentally ill, killed when shot by Houston PD officers T.K. Richardson and R.B. Wieners. Police say Guillory had threatened his mother with a knife, and she called 911 for help, telling them that her son was mentally ill. When officers arrived they said Guillory had a large pipe and appeared agitated. After about 20 minutes the officers moved away and called for backup; Guillory then began smashing the patrol car's windows and headlights. When the second officers arrived Guillory's mother told them her son was schizophrenic and bipolar, begging them not to shoot him. But they allege that Guillory threw the pipe at them, and Richardson and Wieners then shot him at least once. Once again, the Crisis Intervention Team either was not summoned or failed to respond to this call. Guillory is the 7th person known to have been shot to death this year by a Harris County police officer. 7/21/07 - B. Pierre, is wounded when shot by Houston PD officer E. Browhow after robbing some women at gunpoint. Browhow chased and caught him, and a struggle ensued as Pierre tried to take the officer's gun. Browhow managed to hold on to the gun, but shot Pierre in the leg. 7/3/07 - John F. Burks, b/m, 17, wounded when shot by Houston PD narcotics officer M. A. Dominguez (2-yr vet, Fondren Patrol), who says Burks tried to run over him. Working undercover, Dominguez was sitting in his unmarked car in a parking lot when he observed what he believed to be a drug deal. He apparently called uniformed officers, and when they tried to arrest Burks, Dominguez claims Burks accelerated rapidly toward him. (But the HPD news release states that Burks "swerved around the officer and his unmarked patrol vehicle.") Dominguez fired several shots at Burks, striking him in both wrists. See also 5/30/07 - Dominguez' partner shoots J. Rivas, 16. 6/8/07 - Anthony Daniel Williams, b/m, 28, wounded when shot by Houston PD officer E.B. Cisneros (15-yr vet). Williams had stolen a car at gunpoint, and was fleeing from police when he crashed the car. He fled on foot, and was hiding behind a library book drop box when Cisneros ordered him to put his hands up and get on the ground. At first he complied, but then Cisneros claims he dropped his hands as if reaching for a weapon and made an overt move toward him. Cisneros then shot Williams in the chest, claiming he feared for his life. Williams did not have a weapon, and none has been found. 6/3/07 - Clifford Jackson Fairfax, b/m, 42, wounded when shot in the leg by Houston PD officer R. Madrid (16-yr vet, North Patrol Div.) Fairfax was burglarizing a home when he saw the homeowner and Madrid pulled up to the house. He jumped through a window and began running away. Madrid claims Fairfax was holding a black object and turned towards him with it in his hand. Claiming he thought Fairfax was about to shoot him, Madrid fired once, striking Fairfax in PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 6 the leg. The black object was Fairfax's wallet. 6/2/07 - Darrell Gragert, 42, killed when shot by Harris County sheriff's deputy A. Waybright (5- yr vet), who found Gragert sitting in his car behind a car wash at 3:30 a.m. As the officer approached, Gragert got out of his car and said he was having car trouble. When he got back in his car to get his I.D., Waybright claims he started the car and reached behind his seat, refusing to show his hands. He then claims Gragert accelerated rapidly in reverse toward him. Waybright shot at Gragert three times, striking him in the hand and upper torso. It is unclear how a gunshot could have struck Gragert in his torso, since the deputy allegedly was standing behind the car. It appears Waybright violated HCSO policy by shooting at a moving vehicle. Gragert died an hour later. He is the 6th person known to have been shot to death this year by a Harris County police officer. 5/30/07 - J. Rivas, h/m, 16, wounded when shot by Houston PD officer P. Kopulos as Rivas struggled with Kopulos' partner, M.A. Dominguez (both 2-yr veterans with Fondren Patrol). The officers say they saw two men and Rivas jaywalking and "acting suspicious," and began patting them down. When they found a gun on one of the men, the officers claim Rivas pulled a gun from his waistband and pointed it at them. Dominguez grabbed his hand. They further claim that Rivas shot at Dominguez as they struggled over the gun, grazing his cheek. Kopulos then fired two shots at Rivas, hitting him at least once. He was taken to the hospital in critical condition. See also, 7/3/07 - Dominguez shoots John Burks. 5/12/07 - Alex Macario Rivera, aka Hegnor Irias h/m, 22, killed when shot in the back by Houston PD officer K.R. Barnes (9-yr veteran, Fondren Patrol), who was talking to a woman whose purse was stolen. As they spoke, a man identified a passerby as the person that had previously robbed him at gunpoint. Barnes approached Rivera, who allegedly "fled" into a nearby apartment complex. Police first claimed that Rivera then ran toward Barnes with a pistol, refused to drop the gun, and Barnes fired twice, hitting Rivera in the upper torso. Two days later officers admit that Rivera was shot in the back. Rivera is the 5th person known to have been shot to death this year by a Harris County police officer. 5/10/07 - Alejo Castaneda Gonzalez, h/m, wounded when shot by Houston PD officer R.E. Briggs (16-yr veteran, Narcotics Div.), who was conducting an investigation when Gonzalez allegedly confronted him with a gun. Briggs claims Gonzalez fired at him, and Briggs shot once, striking Gonzalez in the abdomen. He is in stable condition. 5/9/07 - C. Bennett, 26, wounded when shot by Harris County sheriff's deputy J. Garcia, a 15-yr vet. A motorist said he was being followed by another car and was directed to stop at a gas station where a deputy was waiting. When the deputy stopped the car, the passenger got out and tried to hide between other cars. Garcia claims he saw Bennett drop a magazine clip as he ran toward some nearby woods with a pistol in his hand. He further claims Bennett then turned toward him, and Garcia fired several shots, hitting Bennett at least once in the chest. He was Life-Flighted to Ben Taub Hospital in stable condition. 5/6/07 - Marnell Robertson Villarreal, b/f, 42 and mentally ill, killed when shot once at Houston PD headquarters by HPD officer A.B. Clay, a 9-yr vet. Villarreal had first requested to speak to an investigator about a case involving her, but was refused entry because her name was flagged as someone who had previously tried to bring weapons into the building. Officers then saw her "wandering" on the street in front of headquarters, and again refused her entry when she asked to use the bathroom. She later rushed into the building, allegedly with a knife in her hand (Note: A witness claims it was similar to a butter knife), crying out, "Shoot me, kill me. I want to end PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 7 this." As she focused her attention on Clay, officer E.D. Smith (5-yr vet), shot her with a Taser, which apparently failed to make contact. Clay then shot her in the chest. Villarreal was convicted in November of unlawfully carrying a weapon, and was ordered at that time to have a psychiatric examination; it is not known if the examination was arranged by the court or any other authority. Once again, no CIT officer was summoned, despite her unusual behavior for several hours before she was killed. Villarreal is the 4th person known to have been shot to death this year by a Harris County police officer. 5/3/07 D. Rogers, shot by off-duty Houston PD SWAT officer Gilbert Reyes (28-yr vet) after robbing a restaurant. Reyes had just left a restaurant near the one that was robbed, and chased Rogers in his car. When he caught up with him, Reyes claims Rogers threatened him with a gun, and he shot him. Rogers ran into some nearby woods and was able to get to his home, where he called 911 to report he had been shot; and the police then arrested him. 4/25/07 - Joseph Juan Flores, h/m, 23, wounded when shot by Houston PD narcotics officers F.P. Scoggins III and F. Rodriguez Jr., who were attempting to serve a search warrant. Officers claim there was no response to their knock, and forced their way into the apartment. They further claim Flores was pointing a gun at them at they entered, and both officers fired, striking Flores. 2/10/07 - Michael Gene Meloy, w/m, 38 and apparently mentally ill, killed when Houston PD officer Scott C. Dalton (14-yr vet, NE Patrol Div.), shoots him in the torso with a shotgun. Meloy had robbed a liquor store then tried to hide behind the store. When the police found him, he began walking away, and officers followed him for several blocks, offering to take him to a hospital. According to a witness, who said he seemed "crazy but calm," Meloy responded, "You can't help me, just shoot me." Officers claim he lunged at them with a knife, and Dalton shot him. Despite his strange behavior, no CIT officer was reported to have been called. Meloy is the 3rd person known to have been shot to death this year by a Harris County police officer. 1/26/07 - Edward Thomas, 20, shot in the head, shoulder and side by Houston PD detectives M.W. Hamby, 47 (26-yr vet), and T.D. Butler, 34 (12-yr vet), who saw Thomas sitting in their unmarked car as they approached after having lunch. The officers say they identified themselves as police and ordered Thomas to surrender; instead, Thomas jumped into his own car (parked next to the detectives), and drove toward them. Hamby and Butler both opened fire, shooting three times through the windshield and twice in each of the front doors. At least 11 shots were fired at Thomas, who was unarmed. 1/9/07 - Robert McIntosh b/m, 23, shot three times and killed by Houston PD officer Leonard P. Smith, who had stopped the car in which McIntosh was a passenger for a broken tail light. Smith found the driver had a warrant from another county, and began to question McIntosh. He claims McIntosh pushed him, and ran. A struggle ensued after Smith caught up to him and shot him with a Taser. McIntosh then broke Smith's thumb when he managed to take the Taser away from him. Smith claims he then feared for his life, shot McIntosh, and handcuffed him. However, a witness (the wife of a church pastor) who saw the entire incident, and others claim that Smith shot McIntosh three times after he was handcuffed and on the ground. McIntosh was unarmed; he is the 2nd person known to have been shot to death this year by a Harris County police officer. 1/7/07 - Omar B. Esparza h/m, 21 and known by police to be mentally ill, killed when shot by Houston PD officer Rodney D. Chaison Jr. (5-yr veteran). Esparza's parents had called 911 for help in taking him to a psychatric facility for evaluation after he locked the family out of the house. Police claim that he had assaulted his sister and was destroying their house with a hammer; the family dispute that PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 8 claim and say Esparza did neither. (Those who were later inside the home said the home was orderly and there was no evidence of destruction; the 18-yr-old sister said her brother never assaulted her.) After police arrived they assured the family that their son would not be harmed; a CIT officer arrived and allegedly tried to talk Esparza out of the home, without success. After two hours, the CIT officer authorized other officers to enter the home to take Esparza into custody. The officers claim Esparza charged them with the hammer, and Pineda shot him dead. The father said he heard five shots within minutes of the officers entering his home, but the family was kept waiting 4 to 5 hours outside, not knowing their son was dead because the officers would give them no information about his condition. An ambulance was finally summoned after about 3 hours. Although police had prior knowledge that Esparza was mentally ill, they failed to request a CIT officer before entering his home. Esparza is the 1st person known to have been shot to death this year by a Harris County police officer. 12/15/06 - James Edward Smith, b/m, 51, shot to death by Houston PD Sgt. K.D. Anthony (5-yr veteran) and officer W.E. Reiser (11-yr veteran). They had responded to a call from an off-duty officer working security, who said he checked on a disturbance in an apartment and was told not to come in or he would be killed. When Anthony and Reiser arrived, they claim they heard a woman begging the man not to stab her. The officers went inside and say they found the man standing with a knife poised over the woman's head. They claim the man then charged at them, and both Anthony and Reiser fired, striking him in the chest and abdomen. Smith is the 12th person known to have been shot to death this year by Harris County police officers. 10/24/06 - Unidentified and unarmed 14-yr-old boy, shot by Houston PD undercover officer J. Rincones, conducting an afternoon auto-theft sting. During their negotiations, six men attacked Rincones (a 13-yr veteran), and he fired two shots, hitting the boy in the leg. It is not known if the boy was one of those that attacked the officer, or just a resident of the apartment complex. This boy is the 23rd person known to have been wounded this year when shot by a Harris County police officer. 10/23/06 - Mohammad Rafi, 27, shot and killed by Houston PD SWAT officer Patrick J. Straker. Rafi violated a restraining order and entered the back door of his estranged wife's employer, where he stabbed her to death. Straker shot Rafi after about two hours, when he allegedly pointed a weapon at officers from inside the store. He is the 11th person known to have been shot to death this year by a Harris County police officer. See also 7/31/07 - Straker kills Reginald Lee Sumbler; and 8/13/01 - Straker kills McLoren Anthony Jones; and 9/2/03 - Straker kills Mary J. Beasley; and 6/10/99 - Straker kills Demetrio Martine Hernandez. 10/23/06 - R. Taylor is shot and killed by off-duty Houston PD officer Richard Kennedy (7-yr veteran), who saw a parked car with an open door while patroling a neighborhood. When he stopped to investigate, the door was closed and Taylor was standing near the car. He fled when Kennedy approached him, and hid in the backyard of a nearby residence. Kennedy claims that when he found him, Taylor turned around with a knife in each hand, refused to drop them, and "charged" at him. Kennedy shot him in the chest, killing him. Taylor is the 10th person known to have been shot to death this year by a Harris County police officer. 8/23/06 - Unidentified man known as Gordo, shot twice in "center mass" by Houston PD officer Daniel W. Starr (Northwest Patrol Div., 21-yr veteran). A security guard saw two men with guns at an apartment complex, and called police. When Starr found one of the men hiding in some bushes, he ordered him out. The man then shot at Starr, who returned fire, striking him multiple PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 9 times; his condition is unknown. Starr was struck twice in the chest but, despite the August heat, was wearing his bulletproof vest, which deflected two bullets, probably saving his life. He was not injured. "Gordo" is the 18th person known to have been wounded this year when shot by a Harris County police officer. 8/8/06 - Unidentified 15-yr-old boy, wounded when shot by undercover Houston PD officer G. McDonald, who was conducting a prostitution sting with another officer. The officers claim the boy shot at them as they were arresting a suspected prostitute, and ran when they shot at him. He was found a short distance away with a gunshot wound in the abdomen. The boy is the 17th person known to have been wounded this year when shot by Harris County police officers. 8/4/06 - Allan Fernando Alvarez - h/m, 24, wounded when shot in the face by Houston PD Sgt. R. Garza (22-yr veteran, Eastside Patrol Div.) Officers were searching for Alvarez and a companion after they had just robbed a business. When Garza raised the lid on a garbage can, he claims Alvarez, who was unarmed, "popped out of the can in a threatening manner," and he shot him. Alvarez is the 16th person known to have been wounded this year when shot by a Harris County police officer. 8/1/06 - Steven Ferrel - w/m, 37, wounded when shot at least twice by Houston PD SWAT officers A. Orozco, Anthony R. Pisaro, 41, and S. Hamala. Ferrel was suspected of a robbery and told a dispatch operator that he would shoot himself if the police came into his motel room. A female that was in the room with him was released unharmed; police claim she was a hostage. Police say Ferrel came out of the room "waving" a shotgun and a pistol, then began to point them at the officers when they shot him. Ferrel is the 15th person known to have been wounded this year when shot by Harris County police officers.||See also 8/1/01 - Pisaro kills Haywood Louis Ogburn, 32; and 3/12/01 - Pisaro wounds John Jones Jr.; and 8/7/98 – Pisaro shoots fellow officer Richard Pedraza; and 1/1/93 – Pisaro shoots and kills Amos Perry, age 15; and on 12/20/91, Pisaro paralyzes Rosalind Joyce Bell. 7/13/06 - Rene Miguel Sanchez - h/m, 35, shot in the neck and head and killed by Houston PD officer Richard Pina (13-yr veteran, Clear Lake Div.) Pina responded to a family disturbance call; he claims Sanchez refused to open the door or let him speak to his wife, who was standing beside him. Pina claims Sanchez raised a pistol, then brought it down "in a threatening manner." Pina fired three times, hitting Sanchez twice. Sanchez is the 9th person known to have been shot to death this year by a Harris County police officer. 7/5/06 - Harold Joseph Natale - b/m, 29, wounded when shot by off-duty Houston PD officer G. Gutierrez, who had been called by a family member reporting someone breaking into her garage. Gutierrez found Natale pushing a large toolbox. When Gutierrez tried to arrest him, a struggle ensued, and Natale was shot in the foot. Natale is the 14th person known to have been wounded this year when shot by a Harris County police officer. 6/29/06 - I. Naranjo and S. Martinez - wounded when shot by Pasadena PD officer E. Hudson (5- or 6-yr veteran), who says he found them "acting suspiciously" when he responded to a disturbance call. He claims they tried to run over him, and fired his gun once; the same bullet struck the driver in the wrist and the passenger in the leg. Neither injury was serious. Naranjo and Martinez are the 12th and 13th persons known to have been wounded this year when shot by a Harris County police officer. 6/19/06 - E. Tyrone - shot and killed by Houston PD officers R. Curl and K. Crellin (27- and 15- yr veterans). Tyrone robbed a bank with a BB gun, then went across the street to a Jack-In-The- Box. As she stood in line, the officers approached her and claim she pulled a pistol and pointed it PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 10 at them. They shot her "at least twice" in the abdomen. Tyrone is the 8th person known to have been shot to death this year by Harris County police officers. 6/1/06 - Eric William Goodman - w/m, 47, wounded when shot once (variously reported as in the chest, stomach, and abdomen) by Houston PD officer Michael J. Hightower (24-yr veteran, Westside Patrol Div.) Responding to a disturbance call, officers found Goodman in his boxer shorts with a pistol in the back waistband, arguing with a woman. When told to "show his hands," police claim he instead turned and began pointing the pistol at them; Hightower then shot him. Goodman is the 11th person known to have been wounded this year when shot by a Harris County police officer. 5/19/06 - J. Bullock - killed when shot by Houston PD officer J.D. Green, 43 (16-yr veteran, Northeast Patrol Div.) Bullock and two others were leaving a store after robbing it, when officer Green arrived. Bullock allegedly shot at Green, who returned fire with a shotgun. Bullock died in the hospital. Bullock is the 7th person known to have been shot to death this year by a Harris County police officer. 5/4/06 - Leroy Cooper - b/m, 54, wounded when shot by Houston PD Sgt. D.J. Culak, 52 (28-yr veteran). Officers found Cooper in a trailer at the HPD Vehicle Compound. When ordered to stop what he was doing (allegedly stealing tools), police claim he charged at Culak with a tire iron, who then shot Cooper several times. He was taken to the hospital in serious condition. Cooper is the tenth person known to have been wounded this year when shot by a Harris County police officer. 4/22/06 - Carlos Vela Trevino - h/m, 38, wounded when shot in the foot, buttocks, and both thighs by Houston PD Sgt. A. Porras (32-yr veteran), and officers L.G. Gay III (11-yr veteran) and R.L. Mason (25-yr veteran), all from the Tactical Operations Div., K-9 unit. Police were called to a domestic dispute by a neighbor, who reported hearing gunshots and screaming from a nearby home. After a woman and two children left the home, officers entered and found Trevino in a bedroom. Trevino allegedly began firing at the officers, who returned fire, injuring Trevino. Trevino is the ninth person known to have been wounded this year when shot by a Harris County police officer. 4/5/06 - J. Okusaga - wounded when shot in the hand by Houston PD officer E. LaCourt, who had responded to an assault call. Witnesses said Okusaga and a companion had tried to rob and then beat a 75-yr-old man, and they called for police. Police claim that Okusaga "made an overt motion to his back" as they tried to take him into custody, and LaCourt shot him. The elderly man was taken to the hospital in good condition. 4/4/06 - Frederick Tippett - 37, wounded when shot in the neck and arm by unidentified member of Pasadena multi-agency drug task force. Several officers, driving unmarked cars, tried to stop Tippett's pickup. (It is not specified whether Tippett was driving or was a passenger.) In an effort to escape, Tippett's vehicle rammed one of the officer's cars, and another officer fired shots, hitting Tippett. The driver continued trying to escape and rammed another officer's car, who got out and shot three times at the pickup. It is possible that Tippett was unaware the pursuing cars were driven by police officers. 4/2/06 - Kevin O'Neal Harrison - b/m, 18, shot and killed by Baytown PD officers G. Slaven and W. Nelson. Police claim Harrison intended to force the elderly homeowners to withdraw money from an ATM. Instead, the wife managed to call police from another room; when they arrived, officers said Harrison raised his gun at them. They then shot him several times. Harrison is the 6th person known to have been shot to death this year by Harris County police officers. PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 11 3/15/06 - Robert Paul Cantrell - w/m, 36, critically wounded when shot by Houston PD officer Ryan G. Gardiner (a 4-yr veteran from Northeast Patrol Div.) Gardiner followed Cantrell to a gas station because the car he was driving was reported stolen. As Cantrell came out of the station's store, Gardiner ordered him to lie on the ground. He claims Cantrell instead "dived into the stolen vehicle," reaching under the passenger seat. Gardiner then shot at him five times. No weapon was reported to have been found in the car. 3/11/06 - William Petty - 29, shot in the abdomen and killed by Houston PD narcotics officer D.L. Deblanc, who had gone to Petty's apartment to buy drugs. Petty opened the door with a "gun" in his waistband. Deblanc claims he shot Petty when he reached for the gun, later discovered to be a toy pistol. Petty is the fourth person known to have been shot to death this year by a Harris County police officer. 2/23/06 - Levi Balderas - h/m, wounded when shot in the leg by Houston PD officers N. Patel (age 34; 10-yr veteran) and A. Yanez (age 40; 14-yr veteran), both from the Eastside Div. Gang Unit. Officers say Balderas and another person were burglarizing cars at a restaurant parking lot, and Balderas rammed their car with his pickup when they tried to arrest him. Claiming he accelerated toward them, both officers fired, and Balderas was hit in the leg. Police do not explain how Balderas was hit in the leg if the officers fired while in front of his vehicle. 2/8/06 - Unidentified 16-yr-old girl threatening suicide is wounded when shot in the foot by Houston PD officer C.W. Jackson (Westside Patrol Division). Police say the girl was brandishing a knife as she moved toward them, and Jackson shot twice as he stumbled backward, hitting her foot. Officers then took the knife from her. Once again, no member of HPD's Critical Incident Team responded to this urgent call involving a mentally ill person. This girl is the second person known to have been wounded this year when shot by a Harris County police officer. 2/2/06 - Jeremy Ethon Roberson b/m, 28, killed when shot by Houston PD officers W. Crank, M. Jones, D. Bejarano, E. Bratton, J. Brown, Fisher, Kelly, Russell and Davis. Roberson had kidnapped his girlfriend and her 4- year-old child in Dallas, and was chased by officers from several law enforcement agencies as he drove to Houston. He eventually crashed his car and as it came to a rest, numerous officers approached and shot him. The girlfriend and her child were not harmed. Roberson is the third person known to have been shot to death this year by Harris County police officers. 1/4/06 - J. "Pepe" Tapia - h/m between 16-20 yrs, wounded when shot by off-duty Houston PD officer R. Adams, who had approached Tapia to question him about a robbery. Police claim that Tapia pulled a pistol and attempted to shoot Adams, but apparently the pistol jammed. Adams shot him as he fled. Tapia is the first person known to have been wounded this year when shot by a Harris County police officer. 12/24/05 - Theolonious Paul Henry - b/m, 40, critically injured when shot by Houston PD officers A.A. Ferrer and R.D. Gonzales (both 8-yr veterans, Southeast Patrol Div.) Henry was assaulting his estranged girlfriend. When police arrived, they saw him shoot at her, then allegedly point his pistol at the officers, and they shot him, striking him multiple times in his upper torso. The girlfriend received minor grazing wounds to her head and arm. 12/15/05 - Aurelio Ivan Chavez - h/m, 24, killed, and two unidentified Hispanic men wounded when shot by unnamed Houston PD undercover narcotics officers. Police claim that Chavez, Michael Martinez, 22, Rodolfo Antonio Villalta, 19, and Richard Garza, 17, attempted to rob the officers during a drug buy, and gunshots were exchanged. It is unknown which two of the men were wounded. One of the officers was in good condition after being shot in the abdomen and PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 12 ankle. Chavez is the 20th person known to have been shot to death this year by Harris County police officers. 12/5/05 - Jonathan Ray Ford - 22, shot twice in the waist by off-duty Houston PD officer Mario A. Valles, 37 (10-yr veteran Fondren Patrol Div.) Valles and his partner had stopped Ford and a companion after learning they were in a stolen SUV used that day in several robberies. When Ford got out of the car with a gun, police say he refused to put it down, and Valles shot him. 11/7/05 - Angelina Brewer - w/f, 47, known to be mentally ill, killed when shot 15 times, including 5 in the back, by Houston PD sergeants C.E. Anderson and K.H. Bounds, 24- and 13-yr veterans respectively, and officer L.T. Gibson, a 5-yr veteran; all are from the North Patrol Division. Brewer's employer had called 911 about 11 am to report she may be suicidal and asking that someone check on her. In the meantime, Brewer asked her sister to be with her, and picked her up. The sister spoke to Brewer's employer by cell phone as they drove around. When Brewer saw a police car following her, she began to pull over, but when more police cars appeared, she drove off, but soon stopped at an abandoned gas station around 4:30 pm (about 5 hours after HPD was first called). Numerous police cars immediately surrounded Brewer's truck. Brewer's sister opened the door and slid the gun toward the officers, who failed to retrieve it. Both girls got out of the truck and when Brewer picked up the gun and began to stand up, the officers shot her. According to her sister, Brewer never threatened or pointed the gun at her or any of the approximately 20 officers surrounding them. No CIT officer ever attempted to speak to Brewer during the 4- to 5-hour interval after HPD was first notified of Angelina's condition. Her sister was shot in the foot during the assault. Brewer is the 19th person known to have been shot to death this year by Harris County police officers. 11/3/05 - Jose Pino (h/m) and Juan Bautista (h/m) killed, and Jose Contreras (h/m) and Ivan Lopez (h/m) wounded when shot by FBI agents D.M. Hays, L. Greene, M.W. Bobbitt, C.O. Acosta, C.D. Honza, K.B. Erickson, M.A. Telle and M.E. Stokes during an anti-gang raid targeting MS-13 members. All of the victims are believed to be h/m in their early to mid-20s. Pino and Bautista are the 17th and 18th persons known to have been shot to death this year by Harris County police officers. 9/9/05 - Juan Ramon Aguilar - h/m, shot twice and killed by HPD officer Mark T. Chapnick (North Patrol Div.), who had stopped Aguilar's SUV as he tried to pick up teenage girls. Chapnick claims Aguilar refused to obey his commands, and a struggle ensued. Chapnick shot him with a Taser, with little effect, and claims Aguilar then attacked, beat him in the face and tried to take his weapon. Chapnick then shot and killed Aguilar. Aguilar is the 15th person known to have been shot to death this year by a Harris County police officer. 8/11/05 - Ronald Charles Newman, 52, shot in the head and killed. Houston PD officer H.M. Wagner Jr. (3-yr veteran, Southeast Patrol Div.) claims Newman shot at him several times after he stopped him for outstanding warrants. Newman's son said his father was not a violent person and had no ill feelings toward police. Newman is the 14th person known to have been shot to death this year in an incident involving a Harris county police officer. See also, 7/31/07 - Wagner is one of seven officers that kill Reginald Lee Sumbler. 7/25/05 - Bridget Clare Dolan, w/f, 26, shot several times and killed by Houston PD officer K.W. Rogers (a 15-yr veteran assigned to Clear Lake Patrol Div.) and League City police Sgt. P.R. Odin. Dolan and another woman had stolen beer from a convenience store. After a lengthy chase, Dolan ran into an apartment complex and, when cornered by police, allegedly began alternately pointing a gun at her head, then at officers. Despite knowing her gun was jammed, Rogers and PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 13 Odin claim they were "forced" to shoot Dolan. Dolan is the 13th person known to have been shot to death this year by a Harris County police officer. 7/20/05 - Michael Wayne Brooks - w/m, 40, killed when shot twice in the side by Houston PD officers Charles C. Robertson, 56, and Christian C. Lyall, 37 (Westside Patrol Div.) Officers claim they shot him after he pointed a pistol at them while "ranting and raving" in a shopping center parking lot. Brooks' family and friends say this behavior was uncharacteristic, and he had recently opened his own business. They theorize that he was given drugs when he ran into an old friend. Brooks is the 12th person known to have been shot to death this year by a Harris County police officer. 7/19/05 - Steven Lopez - killed when shot in the head by Houston PD officer Noe Hernandez, a 10-year veteran, and his father when he tried to break into a neighbor's car. Lopez is the 11th person known to have been shot to death this year by a Harris County police officer 7/6/05 - Ronald Hamilton, b/m, 31, and Shedrick White, b/m, 32, wounded when shot by Houston PD officers T.A. Adams (10-yr veteran), J.L. Scales, 35 (3-yr veteran), and K.L. Raven (3 1/2-yr veteran), all from Fondren Patrol Div. The officers responded to a burglary call and found White and Hamilton robbing three men inside a store. Police say they refused to drop their weapons, instead pointing them at the officers, who fired at them multiple times. 7/1/05 - W. Burkhalter, killed when shot several times in the chest, arm and hip, by Houston PD patrol officers Justin H. Kennedy, 26, and Thomas E. Hardin, 27 (both 3-year veterans with Westside Patrol), responding to a stolen car report. The officers claim Burkhalter pulled a pistol when they approached, and they shot him; no shots were fired by Burkhalter. Burkhalter is the ninth person known to have been shot to death this year by Harris County police officers. 6/19/05 - Ngoc Van Nghiem, a/m, 31, critically wounded when shot in the abdomen by Houston PD officer James M. Garris, working off-duty as a security guard. Garris says he shot at (but didn't hit) Nghiem when he pointed a pistol at a group in a restaurant. Nghiem then turned toward Garris, who fired and hit him in the abdomen. 6/9/05 - Timothy Thomas, b/m, 26, wounded when struck in the abdomen, chest and arm when shot by Houston PD officer Bobby Thompson, a 19-yr veteran of Westside Patrol. Thompson had stopped Thomas for an unspecified traffic violation, and Thomas got out of his car. When ordered to get back in his car, Thompson claims he instead reached under the front seat, so he shot him. There was no weapon. 5/26/05 - Kristopher Lee Banks - 22, killed when shot once in the stomach by Houston PD undercover narcotics officer P.S. Weido, a 15-yr veteran. Weido claims that when Banks offered to sell him drugs, he gave him $40. Banks demanded more and threatened to shoot Weido if he didn't pay more; that's when Weido shot him. A piece of wood was found in Banks' pocket; he died at scene. Banks is the seventh person known to have been shot to death this year by a Harris County police officer. 4/25/05 - Marlon Rainford - b/m, 19, wounded when tasered and shot by Houston PD officer G. Fletcher. Police claim Rainford was acting suspiciously at an auto repair shop; when they responded, they say Rainford tried to run over them, ramming a patrol car. 3/7/05 - J'Korderic Jermaine Jefferson, b/m, 23, killed when shot in the face by Houston P.D. officer Gregory P. Countie (25-yr veteran, Southeast Patrol Div.) Jefferson had taken a hostage after shooting and wounding three others. Countie shot him after Jefferson placed the hostage in his truck. Jefferson is the fifth person known to have been shot to death this year by a Harris County police officer. PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 14 2/23/05 - Alan Leroy Hunter, Jr., b/m, 26, killed when shot twice in the head by Houston PD officer Anthony R. Arevalo (5-yr veteran, Westside Patrol Div.), who says he heard gunfire, saw Hunter standing beside his pickup with a gun, thought he was threatening another motorist, and he shot him. Hunter's passenger disputes that, saying they were being chased by another car. Hunter stopped, got out and fired a warning shot into the air, then started to drive away when Arevalo shot him. The police report says "Hunter's vehicle rolled forward (after the shooting) approximately 100 yards and struck a fence," and evidence shows the officer shot through the driver's side window. Hunter's mother also says she saw her son's body inside the truck with the window broken. Hunter is the fourth person known to have been shot to death this year by a Harris County police officer. 1/3/05 - Alex Mendez - h/m, 26, shot and killed by Houston PD officers David Justin Patterson (5-yr veteran) and Vasilis Harisis (3 1/2-yr veteran), both with Southeast Patrol Div. Officers claim Mendez had a shotgun as he got out of his car, and both fired at him at least six times, killing him. They had stopped Mendez because his paper license plate was crooked. Mendez is the first person known to have been shot to death this year by Harris County police officers. 1/2/05 - Angel Villeda, h/m, 34; and Jose Antonio Hernandez, h/m, 33, wounded when shot by off-duty Houston PD Sgt. Tony Nguyen, 38 (12-yr veteran, Internal Affairs Div). Nguyen claims Villeda twice tried to run his car off the road. He got out of his car and shot 3 times at the tires of Villeda's van as he drove toward him, then shot twice more as the van moved past him. (It is a violation of HPD's policy to shoot at a moving vehicle.) Villeda was shot in the hand, and Hernandez was shot in the leg. But Villeda and Hernandez claim Nguyen reacted in road rage when their van pulled out in front of his car from a side road, saying both Nguyen and his wife made finger gestures as they passed their van. Nguyen's car spun around, facing Villeda's, and he shot at the van as it passed him. Villeda stopped at a store, and as Hernandez walked toward the store intending to call police, Nguyen fired a shot near his feet, ordering him to stop. Nguyen was no-billed by a grand jury. Violation of Fourth Amendment 12. The Fourth Amendment guarantees everyone the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV. 13. Defendants violated Mr. Carnaby’s Fourth Amendment rights when they shot him and then failed to provide medical treatment resulting in his death. The City of Houston has custom, practice, policy and procedure of not disciplining nor retraining officers who use excessive force on suspects, violate chase policies or any policies regarding safe apprehension of suspects in vehicles. PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 15 Violation of Fourteenth Amendment 14. The Fourteenth Amendment guarantees everyone the right not to be deprived of liberty without due process of law. U.S. Const. amend. XIV. 15. Defendants violated Mr. Carnaby’s Fourteenth Amendment rights when they seized him and unlawfully deprived him of his freedom by such shoting him in the back and killing him and not providing medical care without legal justification. Conspiracy to Deprive Mr. Carnaby of Federal Constitutional Rights 16. Upon information and belief, Defendants agreed to, and did, work in concert to deprive Mr. Carnaby of his civil rights as described above actionable as a conspiracy under 42 USC Section 1983 Ratification 17. Despite the video evidence and that Mr. Carnaby died of a shot to the back Washington and Foster there was no retraining, discipline or consequence to officers Washington and Foster for excessive force and failure to provide medical care and as such these practices were ratified by the City of Houston indicating a custom, policy, practice and procedure by the City of Houston of allowing all the aforementioned bad acts of Washington and Foster. Grandstaff v. City of Borger, 767 F.2d 161 (5th Cir. 1985), cert. denied, 480 U.S. 916 (1987). Assault and Battery 18. Defendants assaulted and battered, and caused bodily injury to, Plaintiff, intentionally, knowingly, and recklessly when they made contact with his person. Intentional Infliction of Emotional Distress 19. Mr. Carnaby’s estate can recover for intentional infliction of emotional distress against Defendants because they acted willfully and recklessly, and their conduct was extreme PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 16 and outrageous. Defendants proximately caused Mr. Carnaby severe emotional distress. DAMAGES 20. Plaintiff and the estate of Mr. Carnaby are entitled to recover damages against Defendants, separately and jointly, for the violations of his federal constitutional rights and under the Texas Tort Claims Act. 21. Plaintiff is entitled to recover punitive damages against each Defendant because the actions of each were outrageous, reckless, willful, malicious, and grossly negligent. LIABILITY OF THE CITY OF HOUSTON UNDER THE TEXAS TORT CLAIMS ACT 22. Plaintiffs allege that at all times material hereto and during the course of events set forth above, the individual defendants were employees of the City of Houston, acting in their capacity as police officers within the course and scope of their employment. 23. Plaintiffs allege that the death of Roland Carnaby was caused by the use of tangible personal property, a gun. 24. Plaintiffs allege that each individual defendant committed the following acts of negligence which jointly and severely were a proximate cause of the death of the deceased: a. Negligence in using his firearm. b. Negligently discharging his weapon or permitting its discharge, killing the deceased. c. Negligent maintenance of the gun d. and committing other acts of omission and commission which constituted negligence and were a proximate cause of the death of Mr. Carnaby. 25. Plaintiffs allege that the City of Houston is liable under the Texas Tort Claims Act for the negligence of Defendants Washington and Foster which proximately caused the death of PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 17 Mr. Carnaby. DAMAGES 26. As a result of the foregoing acts and conduct of the Defendants, Defendants are jointly and severally liable to Plaintiffs for damages incurred. 27. In particular, Plaintiffs, in their capacities as Heirs and Representatives asserting survival claims on behalf of Roland Carnaby’s Estate, have incurred damages including, but not limited to, the following: a. Severe physical pain and mental anguish suffered by Roland Carnaby prior to his death; and b. Reasonable funeral and burial expenses incurred. 28. Furthermore, Plaintiffs, in their individual capacities asserting wrongful death claims, have incurred damages including, but not limited to, the following: a. Loss of consortium, including loss of affection, solace, companionship, society, emotional support and love in the past and in the future; b. Pecuniary loss, including loss of the care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value in the past and in the future; and c. Mental anguish, including emotional pain, torment and suffering in the past and in the future. ALTERNATIVE PLEADINGS 29. To the extent facts and/or causes of action pled in this petition are in conflict, they are pled in the alternative. DECLARATORY RELIEF 30. Plaintiff seeks declaratory relief against Defendants, delineating his rights under, PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 18 and Defendants’ violations of, the United States and Texas Constitutions. INJUNCTIVE RELIEF 31. Because Mr. Carnaby died at the hands of HPD exercised official policies and practices of the City of Houston plaintiff seeks changes in those customs and practices ATTORNEYS’ FEES 32. Plaintiffs are entitled to recover attorneys’ fees and costs under 42 U.S.C. Section 1988, from Defendants. PRAYER Accordingly, Plaintiffs request that this Honorable Court award: a. Compensatory damages to Plaintiffs and against Defendants, jointly and severally, in an amount in excess of the minimal jurisdictional limits this Court for all the causes of action alleged above; b. Pre- and post-judgment interest at the maximum rate allowed by law; c. Plaintiffs’ costs and attorneys fees pursuant to 42 § U.S.C. §1988; d. declaratory and injunctive relief; e. punitive damages against all individual defendants; and f. Such other and further relief, both general and special, at law and in equity, to which Plaintiffs may show themselves justly entitled. PLAINTIFF SUSAN CARNABY’S ORIGINAL COMPLAINT PAGE 19|