It's time to answer troubling questions in drug-raid death

By Dave Lieber
Star-Telegram Staff Writer

"I promise you, I didn't come to this conclusion recklessly. I didn't come to it easily. But when I saw the whole picture, it changed things for me, and it rocked my world."

The speaker was North Richland Hills true-crime writer Barbara Davis, and she was talking about how she had changed her mind about the guilt of Darlie Routier, who was convicted of killing her 5-year-old son. Davis made the statement in 1999, two months before her son, Troy, was shot and killed by North Richland Hills police in a drug raid at their house. She was explaining why she suddenly believed Routier was innocent.

Today, on the third anniversary of Troy Davis' death, I want to make the same statement about the credibility of the North Richland Hills Police Department and its handling of the case. I always tended to believe the police version that the 25-year-old pointed a gun at SWAT team officers during the raid and refused to drop it. But now that I am beginning to see the whole picture, it has changed things for me, and it has rocked my world.

Recent events forced this change. If North Richland Hills police followed proper procedures during the raid on Dec. 15, 1999, why is the department acting as if it has something to hide in its defense against Barbara Davis' federal civil-rights lawsuit with the city?

This month, U.S. District Judge Terry Means withdrew his order granting partial immunity to North Richland Hills Police Chief Tom Shockley, police Sgt. Andy Wallace and former SWAT team officer Allen Hill, who shot and killed Troy Davis. The judge also withdrew full immunity from former SWAT team leader Greg Crane and officer Curtis Westbrook.

The judge made the unusual reversal because Detective Kevin Brown had released to others police documents that he believed had been improperly withheld in the lawsuit, his attorney told me.

Because of the withdrawal of immunity and the possibility that evidence might have been withheld, more depositions were taken in the case last week, including one from Shockley, who was scheduled Friday to answer questions under oath for the second time.

Brown has been placed on administrative leave. City Attorney George Staples told me that Brown is "likely to suffer some disciplinary action." Brown's attorney, Terry Hickey, told me that she has sought protection for Brown under the state whistle-blower law.

Last week, in another major development, a second North Richland Hills detective applied for similar whistle-blower protection. Detective Tim Gilpin had answered questions under oath in a deposition for the lawsuit. Gilpin, Hickey told me, "had to give some very damning answers to questions, and he fears retaliation. He had to talk about things that were potential violations of the law that were done by members of the department."

After testifying, Gilpin contacted the lawyer because he was worried about his future in the department, Hickey said.

"Basically, he feared retaliation from the department or the chief or some of the employees from the city in some of the things he had to testify about which were not good for them," she said. "He's giving testimony under oath, and he has to answer truthfully."

Gilpin could not be reached to comment.

Staples, the city attorney, said, "I heard his deposition. He told a lot of stuff that I didn't think was true."

He said the city did not withhold important evidence. "The documents have very little to do with this case," he said. He said the judge's removal of immunity was a procedural matter based on legal technicalities.

Hickey said Brown released the evidence to former officers Hill and Crane because he was motivated "to do the right thing."

"These documents have been in his office forever, and everyone knew they were there," she said. "He kept trying to say, 'Hey, I have this box of documents on the Davis case' to his captain and others. He asked, 'Doesn't this need to go somewhere?' They said, 'Aw, don't worry. Just keep it there.' "

Staples said, "If he had done what they told him to do, we wouldn't be in this situation. ... We can't provide what somebody steals. He gave away stuff that he didn't have the right to give away."

Last week, I shared this information with Charles Friel, a criminal-justice professor at Sam Houston State University in Huntsville.

Friel did not have all the facts, but he offered general comments.

"You have to ask yourself, If everything was done right, why didn't they turn the records over?" he said. "If everything was done properly, why would you not want to disclose things that would vindicate you?"

Friel also said, "It sounds like a messy situation."

On the third anniversary of Troy Davis' death, it's time to ask and answer: Was the case handled properly? What are the whistle-blowers saying? What does the Police Department have to hide?

Only an independent investigation by the Texas Rangers, a special prosecutor or the Tarrant County district attorney's office can answer these questions.

For three years, the city has fought the idea of an outside investigation. Now it is becoming all too clear why.

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(817) 685-3830 dlieber@star-telegram.com

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