Oct. 2024. Blues Vol 40 No. 10

THE “EXPERT” A local

THE “EXPERT” A local Houston news station (KTRK) covered this story and had retired Texas Rangers Chief Tony Leal on to breakdown the case and provide his opinion. This is typical for a local news station to feature an expert to explain aspects of the case to the audience. Chief Leal made a few statements that I strongly disagree with. 1. AD/ND Chief Leal questioned whether or not the use of deadly force was intentional or an “accidental discharge”. This seemed like an odd comment. There was nothing on the body cam video that would indicate that the use of deadly force was anything but intentional. Also, the Chief used the term “accidental discharge” when it is likely that he meant “negligent discharge”. The difference between these terms is vast. Accidental Discharge (AD) An accidental discharge is the unintentional firing of a shot not due to improper gun handling and through no fault of the person handling the gun. In the vast majority of cases, an accidental discharge is due to mechanical failure or equipment malfunction. Negligent Discharge (ND) A negligent discharge is an unintentional firing of a shot due to a violation of the Four Universal Firearms Safety Rules, or other improper weapon handling. In the case of a negligent discharge, the fault lies entirely with the person handling the gun, and could have been prevented. I am not trying to be overly critical of the Chief and anyone can misspeak. There was simply no evidence that Officer McGowan had an AD or an ND. If fact, after the shot was fired she threatened to shoot him again if he did not comply. Contrast that to the immediate reaction of shock and horror when former Officer Kim Potter had an ND and shot Daunte Wright. To watch this body cam video and think that this was possibly an AD/ND - shows that the Chief just did not appreciate the obvious deadly threat facing the two officers who were fighting for their lives on the ground with an armed suspect. 2. Use of Force warnings Chief Leal was “disturbed” by the use of force warnings issued by Officer McGowan prior to the OIS. “Those threats can escalate a situation” he opined. This is perhaps the biggest issue that I have with the Chief’s comments. Here’s why - the Houston Police Department has a policy on this exact issue and Officer McGowan followed it! The use of deadly force policy requires officers to, “issue verbal warnings when possible prior to the use of deadly force”. The “de-escalation” policy requires police officers to inform suspects of the “consequences for noncompliance”. Officer McGowan followed the department policy. This policy is not unique to Houston PD. The majority of large police departments have similar language in their de-escalation and UOF policies. This is considered “best practices”. To not know that - is an indication that the individual has been out of the policing/use of force policy world for quite some time. If the Chief has an issue with this policy - I encourage debate on that topic. My problem is that the Chief criticized the officer’s actions and even blamed her for “escalating” the situation - when, in reality, she was following department policy (as she is required to do). To not indicate that the officer was following the policy in this regard is extremely negligent. It is almost as if the Chief did zero research on department policy and best practices before sitting for this interview and a predictable consequence of his carelessness was that a police officer was unjustly demonized for her use of deadly force - in front of thousands of local viewers. 3. Don’t reach… The Chief stated, “I didn’t see where he reached for the weapon.” The officers were trying to control his hands and it was obvious that he was actively resisting. So, in your ‘expert’ opinion, what was Mr. Meza reaching for? FINAL THOUGHTS After an OIS police officers are not allowed to make any public statements to defend themselves. And, that is often where I come in. Officers in these situations have to endure dishonest public criticism from grifting attorneys and inconsolable family members - but, negligent criticism from 28 The Blues - October ‘24

a former police chief/expert is typically not on a cop’s radar - and it shouldn’t be. I am operating under the notion that Chief Leal is an honorable man who just made a mistake in this instance. That’s why I am asking Chief Leal to apologize to Officer McGowan and issue a public retraction of his comments - at least about the warning of force issue - as she was clearly following the de-escalation policy of the Houston Police Department. If Chief Leal reads this article and believes that my criticism was too harsh - it wasn’t as harsh as accusing an officer of “escalating” a deadly use of force encounter - a serious accusation that could lead to an officer being imprisoned and riots in the streets. Police Law Newsletter is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. CLICK HERE TO READ MORE from POLICE LAW NEWS: https://policelawnews.substack.com/ Largest Police Magazine on the Planet. click here for your FREE Subscription. The Blues - October ‘24 29