What if any charge could be filed?

Trooper effects a DWI stop in the county. This is the defendant's 3rd Felony DWI. After the defendant is arrested and placed in the back of the patrol car, another officer from an adjacent county shows up on scene to offer assistance. The out of county officer goes back to the defendant in the back seat and begins to give him advice. He tells the defendant "Don't blow, don't give blood, don't do anything". This "officer" did not know the mic in the car was on and his conversation with the defendant was being recorded. Our officer was unaware of what transpired until later when he was reviewing the video for his report.

Interference (38.15) does not seem to fit because of the defenses (speech only). Any other ideas?

I'm just mind-boggled at the idea that an officer would do that. What rationale did he later give for his advice?

Practicing law without a license. Tampering with Physical Evidence. Violating his oath as a peace officer to enforce the law.

I just ID's the officer today. You cannot see him on the video, only hear him. I have not spoke to the officer yet. I'm considering holding my conversation with a Grand Jury present.

Video and audio certainly pick up some strange happenings. Good luck in dealing with the "defense police!" Is this a first that one officer so blatantly undermined the work of another officer during a criminal investigation? What other surprising things have been heard on replaying tapes?

Tuck:

This yo-yo deserves a felony. Let's try for Agg Perjury.

Tampering with evidence doesn't apply, as PC 37.09 concerns physical evidence, not verbal advice encouraging withholding evidence.

Unauthorized practice of law does not apply, as PC 38.123 requires that the actor commit the offense for economic benefit.

Idea: During your grand jury presentation on the DWI, call both officers to the stand. Bad cop will assume he is testifying concerning his observations of the defendant, such as bloodshot eyes, odor of alcohol, yada yada yada. Casually slip in a question or two about the nature of their conversation. He will omit the part concerning his "advice." Pin him down that nothing else was discussed.

You then have yourself PERJURY, or perhaps even AGG PERJURY. He can then look forward to a chat with his boss, and perhaps TCLEOSE will punch his ticket.

May the force be with you.

In this weeks opinions from the Court of Criminal Appeals can be found another instance of strange conduct. This time an attorney failed to cooperate with officers seeking to cite her for a speeding ticket so she was charged and convicted of interference with public duties. See Barnes No. PD-0939-05.

And what does this officer's employing agency think of his conduct?

Janette Ansolabehere

The elected Constable is "disappointed" in his deputy's conduct and thinks we should have a "stern" talk with him. My investigator indicated that that would probably not be sufficient.

At a minimum I would have his chief, shift supervisor, partner, etc. called for the grand jury session, even if they are not actually brought before the grand jury. Give them some bench therapy time.

Then I would make sure that the chief was informed of his officers actions. After a certain lenght of time, if the officer was still employed I would make sure that every councilman was aware of the actions of their officer and chief.

Also, I would make sure the DA and CA in the county of the officer's employment is made aware of the officer's actions. It shouldn't take long for word to get around among other officers so they can shun him.

I'm assuming that the defendant and the officer are buddies. How is it that an officer from out of county would show up there? Was he called by the def. as he was being stopped?

I would imagine that taking this case to trial would scare the beejeesus out of that officer. If not subpeonaed by you, then surely he would be by the defense.

You could subpeona him and expect him to testify that the def. was so intoxicated and it was so obvious that the def. shouldn't perform any test b/c it would hang him. And that is how reliable those tests are. So good that a law enforcement officer, sworn to uphold the law, investigate crimes, etc. would advise a friend to not dare do them b/c it would be the nail in the coffin.

What county was the officer from that uttered this message on you video?