COP OUT: Former
North Richland Hills Officer Allen Hill claims he killed
a man in self-defense. So why didn't his department
defend him?
From dallasobserver.com
Originally published by Dallas Observer 2006-07-06
©2005 New Times, Inc. All rights reserved.
By Andrea Grimes
Officer Allen Hill was on motorcycle
patrol writing traffic tickets on the suburban streets
of North Richland Hills, just northeast of Fort Worth,
when a call came over his radio: Available SWAT team
members were to report to the station immediately. It
was an answer to his prayers.
Brawny and muscular, Hill was the ultimate
cop, physically and mentally. Hill had pleaded with
God on that sunny morning of December 15, 1999, just
as he'd done every other day before his shift: "If
something is going to happen, let it happen to me."
That day, it did. He was the most experienced member
of the city's SWAT team available for duty, and his
life was about to change forever.
A little more than an hour later, at
around 10:40 a.m., Hill jogged near the head of a line
of his black-suited team members. Half the guys behind
him had never seen SWAT action and had completed training
only the week before. But Sergeant Andy Wallace, who
had just hours earlier obtained the search warrant for
the raid, wanted to go ahead with whatever crew he had
available. Besides, Hill had countless hours of training
and was one of the best shots in the department. Hill
saw only good guys and bad guys, and he was prepared
to take the bad ones down in a flash.
The team darted across well-manicured
lawns, dodging Christmas decorations. It might have
seemed like just a bunch of small-town cops playing
Mission: Impossible before busting a suspected small-time
drug dealer, except for one thing. Someone was about
to die, and Hill was going to pull the trigger.
The guys responsible for breaking in
the front door had some trouble getting into the one-story
house on Ulster Drive, fumbling with a new tool they'd
never used before. After a couple of seconds' delay
and some audible scratching and snapping, they broke
through. Hill, usually the team's medic, had been promoted
to point man because of his experience. He was the first
to enter as seven guys followed behind him into the
home of a true-crime author named Barbara Davis and
her 25-year-old son, Troy.
Someone on the SWAT team shouted "Police!
Police!" as Hill crossed the threshold. At the
end of the hallway, Hill says, he saw Troy Davis half-covering
himself behind a doorway, pointing a 9 mm handgun toward
Hill. Just one thing registered in the cop's mind: There
was an armed target aiming at his "guys,"
and it was his job to protect them. The moment of truth
he'd prayed for had come. Hill leveled his gun. One
full second passed.
Davis wasn't putting his gun down.
Hill had to make a decision. Before Davis could get
a round off, Hill put one bullet in Davis' left shoulder
and another in his abdomen. Hill fired just 1.8 seconds
after the SWAT team entered, and Davis staggered backward
into the living room. He fell to the floor with his
head landing inches from a Christmas tree.
As his fellow officers swarmed around
him, Hill switched into medic mode, spilling the contents
of his first-aid bag on the floor and performing CPR
on Davis. In a back bedroom, officers corralled Barbara
Davis. She had no idea that her son lay bleeding to
death on her living room floor. . It would be hours
before police would tell her--after they arrested her
for possession of the drug GHB--that her son died in
the emergency room.
At the scene, Hill says, he gathered
his team together outside in a circle, hand in hand.
"Guys, this is going to be a challenge," he
told them. "But we're up for it." There were
hugs and tears. Hill says some of the guys took the
shooting pretty hard, with one fellow officer worried
that "God was going to be mad at him."
Just don't get angry at God, Hill said.
"Let me have it."
In the weeks following the shooting,
there would be a lot of anger directed at Hill from
within the North Richland Hills Police Department. He
would be ignored, says Hill, and shunned by the very
officers he'd striven to protect. He would even be accused
of being a "bloodthirsty killer" by his own
police chief.
The shooting would send the police
department spiraling into disarray after the Davis family
filed a wrongful death lawsuit against North Richland
Hills in spring 2000. The Davis family accuses the police
department of failing to properly investigate the raid
warrant, lying about the position of Troy Davis when
he was shot and tampering with the crime scene to uphold
the lie.
Almost six years later, the case is
still winding its way through the courts. Accompanying
documents reveal officers accusing their peers and superiors
of abusing power and letting reckless behavior go unchecked.
The case has dredged up accusations of sexual harassment
that officers had hoped would quietly disappear. There
are also allegations of drug abuse and suspicious financial
dealings between cops. In the Davis case, a lawsuit
about one man's death has turned into something far
more complicated, airing the dirty laundry of an entire
department. Hill says he has been caught in the middle.
While the city of North Richland Hills backed his story
in the lawsuit, he says he was forced to quit the department
and has been blacklisted by his "guys." Unable
to find a law enforcement job, he's joined the Army.
In July, Hill will ship out to Iraq, where he and his
family know he may be killed.
After the raid, people started talking.
There were whispers of problems with "the paperwork,"
meaning the warrant might be erroneous. Then came the
questions. Had Wallace, the SWAT supervisor, properly
investigated their informant, one of Davis' relatives?
Did the police chief, Tom Shockley, look the other way
as Wallace presided over an unsecured crime scene? And
was Hill telling the truth about being confronted by
an armed Troy Davis, or was he covering up for his alleged
"cowboyish" tendencies?
And why was Hill--a guy whose SWAT
nickname was "Peenie" because of his propensity
for exposing himself--the point man? Above all, did
the North Richland Hills SWAT team have any right to
break down the Davis family's door that morning? When
Hill and his wife had time to sift through the events
of the day, they realized that Davis had died in a raid
that uncovered three drooping, dying pot plants.
Two weeks earlier, a family member
had informed police that he'd seen marijuana growing
in Davis' closet. The SWAT team had a warrant to confiscate
"substantial amounts" of the drug from the
Davis home. According to the informant, Troy's cousin
Chris Davis, Troy was also known to answer his front
door armed with a 9 mm pistol. But a search of the Davis
house didn't turn up any living marijuana plants, just
three dead ones in the backyard. GHB, commonly known
as the "date rape" drug, was recovered from
the refrigerator; it had only recently become illegal
and Barbara Davis would later claim she used it as a
sleep aid.
To this day, the events of the Davis
raid and its aftermath hang heavy in the memories of
those who were involved. Allen Hill says his life's
dream to work as a police officer has been devastated
by a department eager to make him a scapegoat for the
shortcomings of his supervisors.
Though he was no-billed by a grand
jury, exonerating him from any criminal liability, Hill
says he resigned in 2000 from the North Richland Hills
department after five months of being given only menial
tasks. Hill says his department never sought his account
of what happened inside. After seeking law enforcement
jobs in other cities, he was unable to find employment
in any public safety capacity because his record makes
him a high-risk employee. Hill says he had nowhere to
go but into the Army. At 44 years old, Hill will ship
out to Iraq on July 28.
If it weren't for the Davis raid, Hill
might still be clocking in at the city he calls "North
Hills," instead of leaving behind a wife and two
kids for the Army. Despite it all, he says he has no
regrets. Hill says he was just doing what is in his
blood to do: serve and protect. After recalling the
story of how he believes his department betrayed him,
he still contends: "I had the privilege of being
there that day."
Hill's side of the booth at an IHOP
off Highway 820 would seat three average-sized people
comfortably, but he manages to take up nearly half all
by himself. With his square jaw, intense gaze and meaty
arms, he looks every inch the soldier and speaks like
one too. It is just after 9 a.m., or as Hill would say,
"0900 hours." He couldn't meet the night before
because he'd have too much to say before "lights
out." He says these things without a hint of affectation.
He has an array of breakfast condiments
splayed out in front of him: miniature creamer cups,
Sweet'N Low packets, and salt and pepper shakers. The
demonstration is of a SWAT entry--any SWAT entry--and
why it's OK to have the medic as the point man, as he
was on the Davis raid. He guides the Sweet'N Low packets
across the table in pairs. These are the team members,
and as they split up and round the salt and pepper shakers
into different rooms, each may run into an armed target.
"Everybody's first obligation
was as an operator," he explains. "A shooter."
There is no question in Hill's mind
about what he saw that December morning. Davis was armed.
Indeed, a cocked and loaded 9 mm pistol was found between
the cushions of the Davis' white and blue floral couch,
but the Davis family's forensic experts would later
suggest it was planted there, opening up a whole host
of questions as to whether the scene was set up by police
to make it look like Davis was armed when he was not.
Regardless of the evidence in dispute, Hill will take
his image of an armed Davis with him later this afternoon
to Fort Hood; it is, after all, the reason he'll be
there.
It won't be his first time in the Army.
He dropped out of high school as a junior in 1979, deciding
that the Army had more to offer than a diploma. Hill
eventually got his GED, left Army active duty in 1982
and became a roofer. That was when he met his wife,
then a junior in high school working as a carhop at
Sonic in White Settlement. As petite as her husband
is burly, Linda Hill still remembers 23 years later
what he ordered: a double No. 1 burger. She does not
want to see him go to war, but she says she knows why
he feels he must.
"I had to watch as he tried to
get a job at another police department," says Linda,
her mouth taut, "and was turned down, time and
time again." Her tone is pained, as if she has
felt everything right along with her husband.
Allen then applied to work security
with government contractors DynCorp International. He
would be in the Middle East, and it was dangerous, sure.
But the money was great. After coming just one late
payment from foreclosure on their home in the years
after the shooting, neither Linda nor Allen wanted to
risk that again. Public safety was all Allen had ever
trained for, so DynCorp it was. The day he came in to
fill out his final paperwork, Linda says, there was
a newspaper article about the Davis lawsuit being appealed
in federal court. Allen didn't get the job.
Linda has compiled 26 volumes of documents
about the Davis lawsuit. She spent two straight weeks
getting just a couple of hours of sleep a night reading
every deposition and poring over every piece of testimony.
The varying claims seem endless: contradicting forensics
on whether Davis was shot in his hallway or his living
room and whether Davis was even armed when the team
burst in; conflicting evaluations of her husband's psychological
fitness for a job in public safety. (One former employer,
the Tarrant County Sheriff's Department, said Hill was
"cowboyish," and his former boss in Watauga
said he was "a supervisor's nightmare.") The
sexual harassment complaint filed against Allen in 1999
came back to haunt them. Was a guy disciplined for taking
photos of his private parts fit to lead SWAT raids?
Truth be told, she says, she's probably
more angry about the ordeal than Allen. But to a family
for whom so much was black and white for so long, the
fact that an institution they trusted could abandon
them is almost unbelievable. Until the shooting, the
Hills believed in a stark difference between right and
wrong. You're either with us or against us. Now, everything
was blurred.
On paper, North Richland Hills argues
in the wrongful death suit that the raid happened just
the way Hill says it did, with Troy Davis waiting for
the SWAT team with a loaded gun. Wallace had every right
to obtain the warrant, the city argues. And, they say,
supervisors such as Chief Shockley weren't responsible
for making sure Wallace got proper warrants, anyway.
Everybody was just doing his or her job. But Wallace
and Shockley were allowed to retire from the department
years after the incident. Hill says he was forced to
quit, though he manages to look back without much bitterness.
"It means a whole lot to me that
none of my brothers were injured," Hill says. He
gets a little weepy, thinking back, his eyes glassy
with unshed tears.
It should have been clear to Hill much
earlier that the department wasn't behind his story,
but he refused to see it. It would be five months after
the shooting, days filled with mopping floors, organizing
boxes and picking up cigarette butts outside the building,
before Allen would finally get the hint. After the shooting,
he says, he was shunned. His superiors were reluctant
to have Hill resume his normal duties. They discouraged
officers from speaking to him, lest he say something
about the raid that might affect their case.
"I was persona non grata,"
Hill says. He says he wasn't allowed to participate
in SWAT training. He says he was given no explanation,
merely encouraged to resign from SWAT and "go out
on top." But Hill couldn't see why he should leave.
"That makes the guys think that I've done something
wrong," he says.
Eventually, he was kicked off the team.
"'It's just something that we have chosen to do,'"
he says he was told. Linda couldn't take it anymore.
She asked her husband to resign from the department.
After being a policeman's wife for years, she began
to feel her first pangs of real fear. "If something
were to happen to you," she told him, "I don't
trust [North Richland Hills officers] to do the right
thing."
In May 2000, five months after the
raid, Hill quit the force. When he couldn't get hired
at another department, he started a security consulting
company. Linda went back to work, finding a good job
at Radio Shack. But in the back of his mind, Hill kept
thinking about the Army. He re-enlisted early this spring
and will ship out to Iraq with the 36th Infantry Division
as a rifleman. Linda knows he may not come back, but
the way she sees it, she has always risked losing her
husband to a higher cause. Whether as a cop or as a
soldier, if he goes, she knows he'll "die doing
what he loved."
North Richland Hills sprawls out northwest
of Fort Worth with all the telltale signs of a booming
suburban mecca. Giant tracts of undeveloped property
lay along newly widened farm-to-market roads begging
for Super Targets and Wal-Marts. Car dealerships line
Highway 820. Now the third-largest city in Tarrant County,
North Richland Hills saw major growth in the '90s, jumping
in population from almost 46,000 in 1990 to about 65,000
today.
Carefully planned developments of cheap
starter homes popped up seemingly overnight to accommodate
the influx of new families. Chain stores moved in along
major thoroughfares. The city's biggest draw is the
water park NRH20, a kind of junior Hurricane Harbor
tailored for families with younger kids. But the city
is hardly idyllic; sagging strip shopping centers still
hold struggling thrift shops, dollar stores and repair
shops. But there's a certain bland, homey feeling that
emanates from North Richland Hills. It may be generic,
but it feels safe and insulated from the crime that
affects Fort Worth and Dallas.
Barbara Davis and her son Troy lived
on Ulster Drive in a small, tan-bricked house that looks
like many middle-class houses. But they were not like
typical middle-class families. Barbara Davis had written
a book about Darlie Routier, the Rowlett woman who was
convicted in 1997 for fatally stabbing her sons, ages
5 and 6. The book, Precious Angels, condemned Routier
and sold moderately well, but Davis became renowned
for changing her mind about Routier's guilt. When new
information about the case was released after Routier's
trial, Davis went back on everything she'd written.
Davis told anyone who would listen
that the courts had made a heinous mistake in convicting
Routier. Many people thought she changed her story just
to get more attention, but Davis campaigned all the
more passionately for Routier's innocence.
According to Davis' Web site--she didn't
respond to requests for an interview--Troy was living
with his mom in December 1999 and working with her as
an assistant. If a photo was needed for a book, he'd
take it. He interviewed sources and proofread his mother's
work. She called him "indispensable." His
father, Jim, had died of a heart attack in 1995. While
Troy's sister, Lisa, went off to college, Troy stayed
with his mother.
Jim Davis had been a deputy sheriff
for Tarrant County and a gun enthusiast. During the
1999 raid, a loaded Smith and Wesson .38 was found beneath
Barbara Davis' pillow, and 15 other firearms were in
the house. Because the Routier case was so controversial,
Barbara feared retaliation by those who didn't appreciate
her change of heart. She told the Dallas Observer in
2000 that she had received threatening e-mails about
her involvement with Routier.
In an online memorial to her son at
authorbarbaradavis.com, Davis contends that Troy had
plans to join a church the week he was killed. She also
told the Observer in 2000 that Troy never used illegal
drugs, but in addition to the GHB confiscated during
the raid, police found lights and humidifiers commonly
used to grow marijuana indoors. He had a bong, a grower's
guide and a few seeds. But as far as usable weed, they
walked away with fewer than four ounces. Hardly the
"substantial amount" Wallace's warrant called
for.
Barbara Davis was arrested that morning
for possession of 193.2 grams of GHB. For hours, she
sat in a cell awaiting word of her son's condition.
The last she knew, he was alive and being taken to the
emergency room. At his Fort Worth office, Davis' attorney
Mark Haney shows the surveillance tape that captured
the footage of Assistant Chief Richard Kitchens entering
Davis' cell to relay the news of Troy's death. It's
hard to tell what he says, but within seconds of his
entry, Davis begins screaming uncontrollably. Her son
is dead, and she is in jail.
"No! No! No!" the words sound
inhuman, a banshee-like tone echoing off the white walls
of the holding area over and over again. Kitchens struggles
to contain the bereaved mother. Haney shudders as he
watches what is labeled the "intake" video
and shuts it off as Davis is in mid-howl.
Haney passionately believes in the
Davis cause and every aspect of the wrongful death suit.
In it, he argues that Wallace never properly investigated
the tip he'd gotten from Chris Davis. In fact, the suit
suggests Wallace practically never investigated the
tip at all, doing little more than confirming the family's
address before ordering the raid. Wallace's supervisors
should have watched him more closely, argues Haney.
And Allen Hill, a loose cannon, according to the suit,
should never have been set as the raid's point man.
To cover up for his mistakes, Haney argues, the crime
scene was manipulated to include a gun Davis never aimed
at the SWAT team that day.
Barbara Davis' life would never be
the same after the events of December 15, 1999. No one
involved in the raid would be able to return to the
way things were. Many major players left the department,
and more than a few of them had come to believe that
North Richland Hills had botched the operation from
the very beginning.
Officer Greg Stilley filmed almost
every moment of the Davis raid planning, from the briefing
in the SWAT bunker right up to the two shots fired from
Hill's gun, but only from the outside. Troy Davis never
appears on the video. The guys on the SWAT team saw
the raid as their chance to prove just how much the
department could do, especially after all the flak other
agencies had given the city for breaking away from the
North Texas Drug Task Force, a coalition of police departments
that worked together when tactical teams were needed
in smaller towns that couldn't afford an in-house SWAT
crew. North Richland Hills was growing, and the department
felt it could handle itself without the task force's
aid.
On the raid video, the energy in the
bunker is almost tangible despite the distant sound
and shaky camera work. A diagram of the Davis house
based on Chris Davis' description is drawn on the room's
white wipe-off board; it will later prove to be incorrect.
A list of paired names is written beside the diagram.
Hill's is near the bottom, the usual place for the team
medic.
Wallace is seen moving Hill to the
point position. With so many rookies on this raid, he
needs Hill, who has field experience, up front. According
to pre-raid intelligence, Troy Davis was liable to open
the door armed.
The "intelligence" was based
on what Troy's cousin had seen two weeks earlier, just
after Thanksgiving at his aunt Barbara's house. She'd
called Chris, asking him to come console her angry,
depressed son. Though a family feud over the death of
Barbara's husband, Chris' uncle, had been raging for
years, he agreed. Later, he would tell his father, Robert
Davis, that he saw marijuana-growing equipment in Troy's
closet. He said Troy offered to sell him drugs. Robert
Davis sent an e-mail to the police reporting what his
son had told him. The correspondence found its way to
the head of the special investigations unit, Andy Wallace.
They had a couple of phone conversations. He did a background
check on Chris and verified with his father that he
was employed. In Wallace's opinion, that made him reliable.
Then, he took the evidence to municipal Judge J. Ray
Oujesky, who refused to sign a warrant. In a deposition,
Oujesky says he wasn't familiar with narcotics warrants
and was unwilling to sign off on information given by
a previously unused informant.
Oujesky said that because Davis had
not given "reliable and credible information previously"
he was having difficulty finding probable cause. But
district Judge Sharon Wilson, whom Wallace approached
next, didn't. As soon as he had her signature the morning
of December 15, he called the team together.
When Hill crosses the Davis threshold,
two stories begin: In one, Hill shoots an armed Troy
Davis standing at the end of the hall before he has
a chance to kill any police officers. Hill becomes the
hero. In the other, Hill is startled by an unarmed Davis
as he comes around the hallway corner into the living
room and instinctually fires. Hill becomes the villain,
a trigger-happy cop unwilling to admit that he fired
without cause. There are thousands of pages of court
documents and depositions that support both of these
stories.
Supervisors knew, say the Hills, that
Wallace, whom Allen "trusted implicitly,"
moved too swiftly in obtaining the warrant. They believe
Chief Shockley knew Wallace relied solely on one man's
word that Troy Davis was growing and selling marijuana.
But if the police brass knew Wallace was lax, it became
their responsibility. According to Linda and Allen,
the solution was to place the blame on someone else.
Instead of making it Wallace's problem and therefore
Shockley's problem, the department placed blame on Allen
for not being more careful inside the Davis house.
A couple of months after the shooting,
Hill was working late at the department when Shockley
asked him to come into his office. He'd just been at
a City Council meeting and told Hill, "They're
going to back you. Don't worry about that." Allen
was confused. Why wouldn't they?
Hill says he asked Shockley why he
wasn't allowed a uniform or to work his off-duty jobs,
which was hurting his family financially. And why wasn't
the department allowing anyone to talk to the media?
"'I'm the one that's getting the
brunt of it,'" Hill says he told his chief. "'I
don't see the administration taking it. You've already
vilified me in their eyes, chief.'"
That, Hill says, is when Shockley "went
off." "He said, 'You shot and killed an unarmed
boy.'"
Hill says Shockley told him, "'Before
this is done, it's going to cost you and me our jobs,
and we'll be lucky if we're not in prison...You didn't
give that boy enough time to put his goddamned gun down."
"'I thought he was just unarmed
a second ago.'"
"'If he was armed, you didn't
give him enough time to put his gun down,'" Shockley
allegedly told Hill. And then, the clincher: "'You
are a cold-blooded, bloodthirsty killer.'"
Afterward, Hill says, he was called
in by Kitchens, who had an explanation for Shockley's
behavior. Kitchens asked Hill what he would think if
he knew that someone was taking a certain combination
of prescribed drugs, including painkillers for a back
injury. Hill looked up the drugs in his medic's manual
and replied, "What you're describing to me is that
the chief has a drug problem." Hill says Kitchens
told him, "I think you deserve to know."
Shockley declined to speak with the
Observer. He would eventually retire from North Richland
Hills after being suspended without pay because of a
DUI charge filed against him after he was pulled over
for erratic driving. He has blamed his behavior on his
medication. In depositions, officers would say Shockley's
drug problem was an unspoken fact around the department.
But there was plenty of strange behavior going around
North Richland Hills.
North Richland Hills had to cope with
a lot of growth in the '90s, and that meant revamping
its police department. Shockley came on board in 1997,
shortly after the SWAT team was put into place. The
department had about 100 officers--small enough that
officers knew everyone's name, and big enough that they
felt like they were part of something more than just
a podunk outfit. There was still a code of silence,
however, that some contend prevented officers from reporting
bad behavior by their peers. That included SWAT officers'
prevailing obsession with photographing their own genitals.
In a city where the SWAT team gets
called out maybe three times a year, the occasional
dick joke seems harmless enough. But even in a quiet
town like North Richland Hills, lives are at stake when
an armed police force breaks down the front door. Residents
want to believe that their uniformed protectors are
focused solely on the task at hand. But there were moments
at North Richland Hills that were anything but focused.
Before anyone at North Richland Hills
had even heard of Barbara or Troy Davis, there was Ann
Shelton. Tall, redheaded Shelton was the only female
on the SWAT team. The guys called her "Biscuit,"
and if they cussed and told rude jokes, she did too.
SWAT may have been a boys' club, but Shelton wasn't
intimidated. Shelton was annoyed by Hill's constant
joking references to his penis; after all, he was "Peenie."
But that was just his thing. Until, that is, his thing
was exposed in a photo with Shelton during training
at Fort Hood. It was one of three alleged incidents
that would lead to an internal affairs investigation
of Hill and discipline against both him and Shelton.
The North Richland Hills SWAT team
trained incessantly. Officers attended seminars, shooting
sessions and forums on the use of SWAT, intent on being
the best-trained, if not the most often used, team in
the area.
In November 1998, the team was taking
a group photo for the scrapbook when several members
of the team started laughing. Shelton leaned forward
to look down the line of fellow officers and saw Hill
shield his crotch with his hand as he turned away from
her. "Peenie" in action. She never actually
saw Hill's exposed member that day or in the resulting
photos. Turns out, she didn't even have to.
Detective Kevin Brown, who would later
leave the department after being disciplined for turning
over police documents to Davis' attorneys, developed
the scrapbook roll and ended up with two shots of Hill's
penis. After he showed them to Shockley, they went straight
into the shredder. A few days later, the negatives followed.
Hill was verbally reprimanded for the stunt by Wallace
and later by Shockley. When Shelton got the remaining
negatives to reproduce a set of her own, she noticed
the missing frames and the truth came out.
She also alleged that during other
training camps where the team had to share living quarters--always
with a separate space for her to sleep and shower--Hill
would walk around in front of her in his underwear.
Then, says Shelton, Hill was unnecessarily rough with
her in a self-defense training seminar. After being
on SWAT since December 1995, Shelton finally complained
about Hill's behavior in April 1999. She said "it
had just become too much hearing about how big Officer
Allen Hill's penis is and what all he can do with it."
In the course of the investigation,
however, it came out that Shelton had, on occasion,
wandered into the guys' bunk while they were clad in
towels or underwear. Her fellow SWAT officers felt it
was a double standard. Shelton received a 16 hour suspension
without pay. Hill ended up receiving 80 hours unpaid
suspension for his gag. But Hill wasn't the only officer
who thought playing candid camera with his own genitalia
was funny.
On the same trip to Fort Hood, Hill
couldn't find one of the four disposable cameras they'd
packed. Obsessed with military paraphernalia, Hill would
take endless shots of tanks and equipment. He bought
more cameras, returning home with seven. One still had
several shots left, and Linda finished out the roll
with photos of their children, but when she walked out
of Eckerd and flipped through the photos, she got a
surprise.
"I'm coming across pictures of
guys' penises and guys' asses," she says, still
incredulous. "And then pictures of my kids."
She was even able to identify one of
the offenders by the black wristwatch in the photo.
It was Wallace, who'd given her husband the verbal reprimand
after the group picture incident. Incensed, she called
her husband and told him what she knew. Later, Wallace
telephoned to apologize. He told her it was just a friendly
joke on Hill.
With this in her mind, she attended
Hill's civil service hearing in the Shelton harassment
investigation months later and was disgusted. None of
the other officers said anything about pulling similar
pranks or admitted that penises were such a frequent
facet of North Richland Hills humor.
In a Davis-related deposition from
2002, Wallace denies taking any photographs of his penis
on Allen Hill's camera and has no explanation for Linda
Hill's story. Instead, Wallace recalls a different incident,
in Arkansas, when he and raid videographer Greg Stilley
did steal a fellow officer's camera and take nude photos.
He later admits that on the same Fort Hood trip, he'd
rappelled down a wall naked after helping another officer
out--fully clothed--with a training video.
The fact that at least two, and probably
more, North Richland Hills officers had a confirmed
tendency to flash their genitalia at opportune moments
means something very different for each party involved
in the Davis case. To Linda Hill, it's a stupid guy
thing. To Davis attorney Mark Haney, it's indicative
of a larger problem.
"Without it being checked, it
escalates," says Haney, "and you end up with
your tactical commander rapelling nude down a wall."
He says the fact that Wallace was never disciplined
for any of the exposure incidents illustrates one of
Haney's most frustrating contentions: "Wallace
was untouchable."
As head of the special investigations
unit, the division responsible for narcotics, covert
operations, vice and other related offenses, Wallace
could approve his own warrants as long as he could get
a judge to sign them. Haney says the Davis warrant was
unlawfully obtained because it was never properly investigated,
and on that point, Hill agrees: "We should never
have been there that day."
Wallace conducted no independent surveillance
of the Davis home other than having one of his detectives
verify what it looked like from the street. He made
no attempt to buy drugs from Troy Davis or place a microphone
on Chris Davis while he was in his cousin's home, both
common tactics in narcotics investigations.
According to court documents, at the
time Wallace presented the warrant to the second judge
for approval, he represented to her that he'd already
done a computer background check on the informant. Electronic
records show that he did not run the check until hours
later. Wallace actually ended up identifying the wrong
Barbara Davis on the warrant, finding another woman
with a different middle name, "Lynn" instead
of "Jean," and a different driver's license
number.
Court rulings disagree on whether or
not these things constitute negligence on behalf of
Wallace or Shockley. Regardless, Linda Hill believes
"there was no investigation done." She says
it was all about pride, done for "a photograph
and a write-up in the paper."
North Richland Hills Sergeant Kevin
Brown was originally assigned to investigate internal
wrongdoing. According to Brown's affidavit, he interviewed
Chris Davis and came to believe Wallace "conducted
a poor investigation and failed to mention relevant
facts in the warrant." After reporting these findings
to his supervisors, Brown was removed as lead investigator.
The final internal affairs investigation following the
shooting found no fault with Wallace.
Wallace got favored treatment, it was
rumored, because his home construction business on the
side had allowed him to lend a significant chunk of
cash to Shockley. When Wallace repeatedly disobeyed
orders not to drive his undercover pickup to check on
his job sites, he was given just eight hours of suspension
without pay. It left a bad taste in some officers' mouths.
Shockley, who had a history of financial
trouble, filed bankruptcy in 1997 before he was promoted
to chief. At some point, according to depositions, "it
was widely understood" that Wallace had lent about
$30,000 to his boss. Both men deny that any financial
transactions occurred between them. Wallace refused
to talk to the Observer.
Hill admits that he doesn't know what
really went on between Shockley and Wallace, but he
does think Wallace received special treatment for some
reason, hence the dual roles as tactical commander and
head of special investigations. As such, Wallace was
in charge of the crime scene after the Davis shooting.
Its condition--poorly secured--is one of the few facts
not disputed in the suit.
There was a spent bullet casing found
in the Davis hallway, while a fired bullet, another
casing, and a separated bullet core and jacket were
found in the living room. The forensic expert for the
Davis family, Ed Hueske, concluded that Troy Davis must
then have been shot in the living room, not in the hallway
as Hill contends. But with maybe 20 guys running around
the scene, evidence could have been accidentally kicked
or carried from one side of the house to the other.
Because Wallace never ordered an on-site attendance
log to be kept until forensic investigators arrived
on the scene about a half-hour after the shooting, it's
hard to tell where the bullets fell initially.
Attorneys for North Richland Hills
say Wallace's unsecured crime scene doesn't matter.
An entire team of fire department paramedics was given
access to treat Davis. North Richland Hills city attorney
George Staples says that factor alone "screwed
[the scene] up unbelievably" and expecting a clean
scene after that kind of incident is unreasonable. "Life
isn't CSI. "
The crime scene log has no time stamps
and doesn't even mention Wallace or lead forensic investigator
Max Courtney, both of whom spent an extended period
of time at the Davis residence.
Courtney took photos of the scene,
but he wasn't the first. Officer Robert Rich entered
the house right after the shooting and began snapping
away. The set he developed and those taken by Courtney
are noticeably different. Pillows change positions on
the living room couch where Davis' gun was recovered.
Davis' bedroom shows a towel moved from the bedpost
to the floor. A gun holster is present on his bed in
Courtney's photos but not Rich's.
Mysteriously, Ann Shelton's SWAT locker
nametag is seen on the Davis living room floor. Shelton
wasn't employed at the police department at the time.
Hill says the tag was probably put in his medical kit
as another practical joke. Mark Haney believes Hill
was carrying it around like a trophy. Regardless, the
tag changed position in the two sets of photos, even
flipping over.
It's hard to say whether any of these
things mean Hill is lying. Neither Courtney nor Hueske
ever saw the scene as it was directly after the shooting.
Hill is the only man who could know what really happened
on that morning.
The future is the main concern at the
North Richland Hills Police Department today, according
to new Chief Jimmy Perdue. On the job less than a year,
he's reluctant to dwell on the Davis shooting. As far
as changing any policies, procedures or general orders
of the department, Perdue says there's no need.
"I have not made any changes to
any policies related to SWAT or tactics or operations
there," says Perdue, an affable, mustachioed guy
with a buzz cut. He's reviewed the general orders, but
nothing stood out to him. As far as he's concerned,
he's leading a different department today.
Most everyone involved in the Davis
shooting has resigned, retired or been fired. After
receiving two DUIs related to prescribed pain medication
he was taking, Shockley retired in January 2005. Wallace
retired in May of that year and now builds houses full
time in northeast Tarrant County.
Greg Crane, one of Hill's closest friends
and a Davis raid supervisor, resigned in June 2002.
In a deposition, he says he felt the department was
"either run by very incompetent people or corrupt,
or both." An embarrassed Stilley resigned a month
later, testifying that the North Richland Hills Police
Department "was frequently joked about."
Today, Linda Hill says she and Allen
try to "stay ahead" of what's going on in
any given situation by talking to the kids about what
they can expect for the future. Just like they did after
the Davis shooting, outlining what might happen with
media interest and investigations and criticism to their
kids, they've gone over the possibilities associated
with Hill's tour in Iraq.
"We've gone through everything
from day of deployment to all the different scenarios
of how he could possibly come home," Linda says.
"Up to and including making plans for his funeral."
The death threats are also something
the Hills have had to accept. One note was written regarding
their son, Colton: "You took her son, now we're
going to take yours." Linda thinks her kids, now
15 and 17, have handled the ordeal well, though they've
had to make lifestyle adjustments. No more riding bikes
on the street outside. When Allen's sexual jokes came
out in the paper, the Hill house stopped being the center
for playmates.
At school, the kids have been targeted
by teachers and coaches who hold the Davis shooting
against the family, says Linda. When Colton was hazed
at football practice, she says, nobody cared. Kaeli,
an "A" student, received in-school suspension
for supposedly mouthing off to a coach she didn't even
have a class with. When Linda met with the principal,
the coach apologized; he said Kaeli never said anything
to him and that his story was fabricated. He gave no
reason why. But Allen's reputation has been sullied
by more than just the Davis shooting, and he's well-known
among teachers in the district for being uncooperative
and bullying. Linda has to handle all the kids' school
issues, because Allen has been banned from the premises
after getting into foul-mouthed altercations with teachers
who didn't want him to render aid to injured students
at his daughter's athletic events. In the Fort Worth
Weekly, he's quoted as calling one teacher a "big
fat fucking cow."
He shows far more bitterness about
the school incidents than the Davis raid. Now that he's
headed to Iraq, he wants to be able to see his kids
at school before he gets shipped out. So far, no progress
has been made in his appeals. There is much that remains
unresolved for the Hill family.
It could be weeks before U.S. District
Judge Terry R. Means makes a final decision in the Davis
civil suit, which is currently on appeal, though Shockley
and Wallace have already been granted immunity. But
the case against Hill remains, and there's a remote
possibility it may go to trial. The Hills want an opportunity
to clear Allen's name before a jury. Mark Haney wants
the opportunity to show the facts to what he believes
will be an outraged panel.
In North Richland Hills the 65,000
people served by the 109-member police department have
no choice but to rely on their officers to serve and
protect, and most probably believe just what the Hills
did before the the Davis raid: Cops are the good guys.
But Allen and Linda Hill say they had to re-teach their
kids--and themselves--to believe otherwise.
"We still expect them to know
that the police are on your side for the most part,"
says Linda, sighing. "On the flip side, we've also
taught them that they're human. And like humans, capable
of lying. And like humans, they're capable of being
cowards. And that's a fact. We've seen it."
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