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Brian Encinia

The Sandra Bland cellphone video

Wow.

Sandra Bland

New cellphone footage from the now infamous traffic stop of Sandra Bland shows her perspective when a Texas state trooper points a Taser and yells, “I will light you up!”

Bland, 28, was found dead three days later in her Waller County jail cell near Houston. Her death was ruled a suicide.

The new video — released as part of a WFAA-TV exclusive in partnership with the Investigative Network — fuels the Bland family’s suspicions that Texas officials withheld evidence in her controversial arrest and, later, her death.

Until now, the trooper’s dashcam footage was believed to be the only full recording of the July 2015 traffic stop, which ended in Bland’s arrest. The trooper claimed he feared for his safety during the stop.

The 39-second cellphone video shot by Bland remained in the hands of investigators until the Investigative Network obtained the video once the criminal investigation closed.

Bland’s family members said they never saw the video before and are calling for Texas officials to reexamine the criminal case against the trooper who arrested Bland, which sparked outrage across the country.

“Open up the case, period,” Bland’s sister Shante Needham said when shown the video.

Read the rest, and read this interview with Sharon Cooper, also a sister of Sandra Bland. It doesn’t look like there will be any reopening of the case, but for sure we need to know why this video hadn’t come to light before now. It’s hard to accept official explanations of tragedies like this when that explanation suddenly changes a couple of years later. We have to know that we have all the available information, and that there are no more surprises lurking in an evidence box somewhere.

More on the Sandra Bland settlement

State Rep. Garnet Coleman is working to implement the reforms mandated by the Sandra Bland lawsuit settlement.

Sandra Bland

House Democrats sparred with state law enforcement officials over questions of racial profiling Tuesday at a sometimes contentious hearing. It was the latest in a series of House County Affairs Committee hearings on policing in advance of the 2017 legislative session. Committee chair Garnet Coleman, a Houston Democrat and veteran lawmaker, has announced he plans to file the Sandra Bland Act, named for the Prairie View A&M University alum who died in the Waller County Jail after a traffic stop in 2015.

“There are solutions to the criminal justice issues that have come up because of Sandra Bland,” Coleman told the Observer, “and they should be on the front burner of the Legislature this coming session.”

Lawmakers heard testimony from the co-author of a 2015 University of North Carolina study on traffic stops that found that black drivers in Texas are 59 percent more likely than white drivers to be searched during Texas Department of Public Safety traffic stops. When state Representative Jonathan Stickland, R-Bedford, asked if researcher Frank Baumgartner was accusing DPS of racial profiling, Baumgartner responded cautiously.

“There is a robust disparity between the likelihood that a white driver and a black driver will be searched even when you control for variables other than race,” he said.

Lawmakers themselves were also reluctant to use the term “racial profiling” during the hearing, due in part to a Texas statute that offers a narrow legal definition of the term.

“The statute needs to be changed,” said Coleman, “because there are disparities that we can’t currently call ‘racial profiling’ that maybe we should be able to.”

DPS director Steve McCraw denied that his agency engages in profiling of any kind, and attributed the racial disparities in Baumgartner’s report to security concerns at the border. The allocation of so many officers to the border to combat “transnational gangs and cartels,” McCraw said, led the statistics to show excessive stops and searches of “minorities.”

Coleman countered that McCraw’s point was irrelevant to Baumgartner’s report, which had focused on the disparity of outcomes between black and white drivers. “Now come on, man,” he chided McCraw, “I know you went to school. I know you understand statistics.”

[…]

[Last] Thursday, the Bland family’s lawyer announced that the family had settled a civil suit against Waller County for $1.9 million. The settlement also mandates a number of procedural reforms — an agreement Reed-Veal called “a victory for moms across the country.” The settlement, which hasn’t been finalized, would require that the Waller County Jail keep a medical professional on staff at all times and use electronic sensors to monitor jailers’ check-ins.

The Sandra Bland Act, Coleman told the Observer, will expand the settlement’s reforms statewide and mandate additional changes, banning pretextual traffic stops (stops for minor infractions in order to investigate unrelated criminal activity), mandating access to health professionals in all jails, incentivizing the use of de-escalation tactics, and expanding access to personal recognizance bonds.

Coleman explained he also has a personal stake in the bill. “I got stopped 11 times in the first year I had my driver’s license,” he told the Observer. “So I understand the issues the bill addresses from being in the affected community.”

See here for the background. McCraw is a longtime partisan hack who should not be trusted, but does need to be overcome. The good news here is that Waller County has approved the settlement. The bad news is that DPS appears to be playing dumb about the whole thing.

A lawyer for the Bland family and DPS officials on Tuesday appeared to be at odds as to whether the settlement in that lawsuit — brought against Waller County, some county employees and former DPS trooper Brian Encinia — includes an agreement to institute additional statewide de-escalation training for all incoming troopers and those already on the roster.

Testifying before the Texas House Committee in County Affairs, Tom Rhodes, the Bland family’s Texas-based attorney, told lawmakers that the settlement includes a $1.9 million payout, including $100,000 from DPS. While the department was not a party in the lawsuit, it agreed to pay that amount to indemnify Encinia, who arrested Bland in a July 10, 2015 traffic stop that quickly escalated to an arrest. As part of the settlement, DPS also agreed to set up the training, Rhodes said.

But earlier in the day, DPS director Steve McCraw indicated the department already requires 76 hours of de-escalation training that’s embedded in its school for recruits.

“I was told just the opposite which is one of the reasons we required that as part of the settlement,” Rhodes told lawmakers.

Asked for clarification about McCraw’s comment, a DPS spokesman said DPS “has not settled litigation regarding Sandra Bland” and is not party to any agreements between her family and the Waller County defendants.

“The department is looking at a number of options regarding the issues discussed today,” DPS spokesman Tom Vinger said, pointing out that the department earlier this year began requiring troopers to complete an eight-hour de-escalation course.

Citing confidentiality restrictions, Rhodes said he couldn’t provide many details about the settlement discussions but he indicated he had reached a deal on the de-escalation training with DPS’ general counsel.

“All I can say is today was the first time I heard they had that training, and it seems like to me when we insisted on that as part of the settlement if they had it they would’ve said it,” Rhodes said in an interview after the hearing. “If it’s already there I’m glad it’s there. Obviously it’s not that effective — whatever they’re doing — because it certainly didn’t help in Sandy’s case, but that’s not the agreement we reached.”

Like I said, McCraw cannot be trusted. Someone at DPS with more integrity than him needs to get this worked out one and for all with the Bland family.

Bland committee makes its recommendations for Waller County jail

Good to see.

Sandra Bland

Waller County needs a new jail, local officers need body cameras to record their activities and the sheriff’s office needs to promote civility, a study committee formed after the death of Sandra Bland said Tuesday.

The county came under national scrutiny in July when Bland was found hanged in her jail cell three days after being arrested by Department of Public Safety trooper Brian Encinia, who says she assaulted him during a contentious traffic stop. Her death was ruled a suicide, but her arrest and subsequent jailing triggered accusations of racism. Bland’s family has filed a civil lawsuit in federal court against the county, several of its employees and the now-fired Encinia.

Encinia is facing a perjury charge in Waller County, after a grand jury indicted him for lying about why Bland exited her car. The former trooper is also fighting to get his job back.

At Waller County Sheriff R. Glenn Smith’s request, local attorney Paul C. Looney formed the study committee at the end of July to review the operations of his office and the county jail. Civil rights attorneys Craig Washington and Randall Kallinen, former Texas Court of Criminal Appeals Judge Morris L. Overstreet, and criminal defense attorneys Juan L. Guerra and JoAnne Musick served on the committee and had unrestricted access, some of the members said Tuesday. Looney served as a nonvoting member.

[…]

Washington said the recommendations are specific and will make a difference.

“We think they will go a long way to providing better relations between all the citizens of Waller County,” said Washington, who presided over the committee. “Not even dividing them down into police and public but just to all of God’s children, to ensure that this community is a shining beacon of light for perhaps other community toward a more just society.”

Smith said building or rebuilding a positive relationship with the community requires law enforcement to be aggressive and to show that officers are there to protect everyone.

“We’ve got to be on offense,” he said. “Step up and convince the public that we’re open minded … we’re gonna make changes … we’re gonna reach out to regain your trust.”

Smith said from what he’s read, he supports most of the recommendations, but some items won’t just happen in a few months. In the case of the new jail, for instance, land has been picked out but funding has not been approved, he said.

Nevertheless, Smith said, the recommendations will be taken seriously.

“It won’t be dust settling over the report,” the sheriff said.

You can see the recommendations at the story link, and a copy of the report at Grits for Breakfast. I think they’re all doable, and I hope they have a positive effect. There are other issues that should be addressed as well, like de-escalation training for officers and saner bail/bond policies, but those things are outside the scope of what this committee was asked to do. Someone should still be thinking about them, and not just in Waller County. Nonetheless, this is a good start, and I wish Sheriff Smith and his staff in implementing the changes.

Former Trooper Encinia pleads not guilty in Sandra Bland perjury case

As expected.

Sandra Bland

A former Texas trooper pleaded not guilty to charges he lied about his actions last July while arresting Sandra Bland, whose death in Waller County’s jail three days later sparked a national outcry from civil rights activists.

Dressed in a gray suit and tie and flanked by his attorneys, former Department of Public Safety Trooper Brian T. Encinia said little Tuesday afternoon during a minutes-long arraignment hearing before State District Judge Albert M. McCaig Jr.

[…]

In an arrest affidavit, Encinia said he had ordered Bland out of the car to safely continue the investigation.

A Waller County grand jury indicted Encinia in January of misdemeanor perjury based on that statement, according to a special prosecutor in the case. If convicted, Encinia could spend up to a year in jail and have to pay a $4,000 fine.

Earlier this month, DPS Director Steve McCraw formally fired Encinia, saying he violated the department’s courtesy policy and procedures. Encinia is appealing the termination to the Texas Public Safety Commission. Separately, the trooper is named in a wide-ranging civil lawsuit filed by Bland’s family that alleges negligence and wrongful death. Attorneys representing Encinia in that case have asked – unsuccessfully – that it be delayed while his criminal trial plays out. The civil trial is set to begin next January.

Bland’s mother, Geneva Reed-Veal, and older sister, Shante Needham, both appeared at the arraignment, along with their lawyer, Cannon Lambert.

“To come all this way, I needed to do it,” said Bland’s mother after the hearing, as she embraced those who’d gathered in support of her and her family.

“I’m hopeful things go in the direction that [Encinia] eventually gets detained and he can remain there for the maximum amount of time that perjury carries,” Needham said. “At the end of the day, my sister, my mother’s daughter, is no longer here anymore. He needs to be held accountable for his actions.”

See here and here for the background. The Trib quotes Encinia’s defense attorney blaming his indictment on a “runaway” grand jury. I dunno, I thought that video of the traffic stop made it quite clear that at the very least, Encinia was unprofessional and antagonistic. We can argue if his behavior qualifies as perjury, but let’s see what happens in the courtroom first. And let’s not overlook the fact, as Grits notes, a law enforcement officer being called to account at all like this is quite unusual. A conviction, if it comes to that, would be even more so. The Press has more.

Trooper Encinia turns himself in

As expected.

Sandra Bland

Six months after arresting Sandra Bland during a now-infamous traffic stop, state trooper Brian Encinia on Thursday returned to the Waller County jail where Bland died – this time to surrender to authorities on perjury charges.

Encinia, 30, surrendered to Texas Rangers after a Waller County judge signed his arrest warrant, Sheriff R. Glenn Smith said. The Rangers took the trooper to the jail, where he arrived in a gray pickup at 3:26 p.m.

Encinia was fingerprinted, photographed and released on a $2,500 bond.

[…]

Darrell Jordan, one of five special prosecutors, said the grand jury’s indictment stemmed from Encinia’s statement, in an affidavit he filed in Bland’s arrest, that he pulled her out of her Hyundai Azera to “further conduct a safe traffic investigation.”

“They just didn’t believe it,” Jordan said, referring to the grand jurors.

Bland’s family and activists who have followed the case said the perjury charge was insufficient. Geneva Reed-Veal, Bland’s mother, compared the indictment to a “slap on the wrist.”

Cannon Lambert, who is representing the family in a civil lawsuit, questioned why the grand jury had not agreed on harsher charges, such as battery or false arrest. Encinia’s lawyer, Larkin Eakin, said Thursday the trooper planned to plead not guilty. The grand jury, Eakin said, misinterpreted Encinia’s statement.

“He is obviously upset but feels very much that he’s not guilty, that that particular phrase he used (in his affidavit) was proper,” he said.

See here for the background. He will be pleading not guilty, while also appealing his termination from DPS. I don’t want to make too big a deal about it because the respectful way that Trooper Encinia was treated during his arrest and arraignment should be the default and not the exception, but the contrast between how he was treated and how Sandra Bland was treated couldn’t be more stark. As for the matter of whether the charge against Encinia represents some kind of justice or not, I’ll simply note that such a question is predicate on whether or not he gets convicted. As commenter Steve Houston notes, there is considerable doubt about that. Texas Monthly has more.

Grand jury indicts trooper in Sandra Bland case

Wow.

Sandra Bland

Waller County grand jurors indicted Department of Public Safety trooper Brian Encinia on a single charge of perjury Wednesday because they did not believe he was telling the truth about his actions during the arrest of Sandra Bland, special prosecutor Darrell Jordan confirmed.

The charge against Encinia stems from the trooper’s statement at the time of her arrest on July 10 about why he felt he needed to pull her out of her own vehicle, Jordan told The Texas Tribune.

“The statement in the probable cause statement is that Officer Encinia pulled her out of her car to further the traffic stop investigation,” Jordan said.

As a result of the indictment – the only one issued by the grand jury in the Bland case – a warrant will be issued for Encinia’s arrest. It was not immediately known whether Encinia will turn himself into authorities. If convicted of the charge, Encinia could face up to a year in the Waller County Jail and a $4,000 fine.

“This grand jury is done,” Jordan said. “We just came to do our job to present the evidence and they came back with an indictment and we’ll go forward to seek justice on behalf of Waller County.”

The grand jury had previously declined to indict anyone, including county jail employees, in the death of Sandra Bland, then reconvened on Wednesday to continue considering charges. I have no idea what the evidence looks like right now, but it’s not too hard to imagine the possibility of the trooper fudging his facts. We will have to wait to see what the prosecution’s case looks like, and to see how Officer Encinia responds. The Chron, the Press, which has a copy of Officer Encinia’s sworn statement, Newsdesk, ThinkProgress, and Daily Kos have more.

UPDATE: More from Grits for Breakfast.