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A report by Los Ojos de Cotorra - (eyes of the parrot) |
Waco
– Captain “Bubba” Colyer could hardly contain his fury.
His
anger radiated out of him like heat waves from a central Texas
sidewalk in the August evening sun. He fairly bounced up and down as
he spoke of his objections to releasing public information that
belongs to we the people, for which he and other officials are custodians.
At
one point, as he leaned low over the scribbler and Chief Deputy Matt
Cawthon where they were seated on the spit and whittle bench in the
building's lobby, he went so far as to pass a hand palm down over his
brow, the middle finger extended and the index and ring digits folded
in the classic and time-honored one-finger salutation of
self-copulation.
Tres
dramatique, as they would say at the headquarters of the Surete, but
that's in Paris.
This is Six Shooter…(Cue Joni Mitchell-"Free Man In Paris")
The
Legendary arrived minutes earlier at the McLennan County Sheriff's
Office headquarters on Ninth and Washington seeking information on
the kind of case that makes any prairie dweller's blood run cold as
ice water. The numbers don't lie. Home invasion and burglaries
attract more readership than taxes, and that's what is known as
getting downtown – fast.
|
The Finger, a time-honored salutation |
On
Friday, May, 31, a caretaker at a rural property on the outskirts of
Lorena found an unconscious man lying on the ground near a jogging
path, his head so badly bloodied that emergency medical technicians
and lawmen thought he had been beaten severely. Medical care
providers did not discover he had been shot multiple times until they
got him to a hospital.
According
to published reports, brain surgeons would attempt to save his life
later that weekend.
But
the reporter emphasized that Capt. Colyer and ex-Ranger Cawthon were
tight-lipped as to the victim's identity when they learned he was
from the Killeen area. They thought he may have been assaulted there,
then dumped near the deep creek bed where Old Bethany Road makes a
big bend at the intersection of Hatch Road. It's not all that far off
the Interstate.
They
would not reveal his name, nor would they say anything about which
hospital was treating his injuries. Failed gang land killings have
been known to be finalized on hospital wards. Makes sense. That was
how things stood on June 1.
|
An ex-Ranger, Deputy Matt Cawthon |
This
conversation took place on Wednesday, December 11. As it turns out,
Cassyne Malveaux survived the surgical procedure. As he recovered,
what he gradually told investigators matched his costume, which
consisted of black sweat pants, a black t-shirt, and black underwear.
It
was no easy go, getting to know Malveaux's story. According to Deputy
Cawthon. “That victim wasn't wanting to say much of anything. He did not want to talk.”
The
old boy knew he was lucky to be alive, and that fact made him very
nervous. Tough way to live, but a worse way to die.
He
revealed that he was part of a gang that operates out of the Killeen
area, that they met there and all piled in a vehicle for the run to
Lorena in order to do a home invasion-burglary, knock-on-the door,
push-in, take-over, terroristic, full-scale gang assault on a
household near that intersection of Old Bethany and Hatch Road.
They
weren't real sure where they would attack, though; the directions
weren't totally clear, and it was a very dark night, according to
Deputy Cawthon. As he spoke, Capt. Colyer became more and more
nervous. When his boss told him to step over to the records request
window and obtain the first page offense report, he reddened,
bristled, turned on his heel, and nearly stomped across the lobby to
the bullet-proof glass window.
You
could have heard a pin drop as Matt Cawthon, the retired Ranger with
a reputation for not giving up, easily filled in the brush strokes
and shaded in the details of the picture.
Suddenly,
as he stood in the dark, according to Malveaux an individual shot
him in the head, and he was in and out of consciousness as he lay in
a pool of his own blood with his head propped up near a log until the
caretaker found him the next morning.
He
is listed on the official “face sheet” for Case #13-1587 as the
victim of “attempted murder.”
Verily,
it is so. No doubt. He was never a home invader, after all. He was
the victim, all along.
His
attacker's name? It's not mentioned on the “first page” or
“police blotter information” information as defined by case law.
Has
there been an arrest?
“Well,
yes, but we haven't gotten anywhere with it, yet,” Colyer fairly
shouted, leaning in and putting his face only inches from The
Legendary's.
“Is
he charged?”
“Yes,
but we haven't gotten anywhere with it, as yet,” he repeated,
volubly.
“Then
it should be a matter of public record.” In the English common law,
it was called hue and cry. Today, it's called an 'information.'
Indictment must be sought within 90 days, or the prisoner must be
released automatically.
In
a silky-smooth voice, the Ranger said, “Bubba, could you step over
there and get that information for The Legendary, here? Please?”
Colyer
released a huge sigh from his considerable chest. He's linebacker
tall and built like a tank. It was a loud sigh.
“Give
me that,” he said, grabbing the report form, turning, then wheeling
back, saying, “Let me have your pen, please...” When he
returned, he had written the name, Donnell Briton.
That's
when I asked for the name of the magistrate court in which he was
charged.
“Why?”
“So
I can get a copy of the affidavit of probable cause. It's a court
record, open to the public.”
His
eyebrows shot up, producing wrinkles in a still youthful forehead
that do not even exist, as yet.
“I
don't think you can have that.”
He
went on to say that I can't have any witness statements, or...But
then, I explained, I'm not asking for anything other than police
blotter information, or what's known as a “first page” report,
from which it's easy to obtain charging instruments and the
affidavits of probable cause, for which no public information act
request is necessary, once an arrest has been effected, the warrant
having been served. All else, including ballistics, polygraph, lab
reports, fingerprint analyses – all that is considered work
product, and unavailable. I never ask for that stuff. I don't need
it.
Still,
cops want to argue about it – every time.
Ask
the Attorney General. Service while you wait. Google McLennan County
Sheriff's Office Records Division. You will find a list of AG's
Opinion citations entered by the AG's Open Records Division
stretching all the way back to 2008, in which the Records Chief,
Tamma Willis, has asked the same questions and received the same
answers multiple times. Same answers. Every time.
I
can write as gripping a news report as you might like to read with
the first page report, the affidavit of probable cause, and whatever
observations or remarks I may obtain in the course of interviewing
the sources.
The
courts routinely release the affidavits, when they have them.
As
it turns out, no magistrate court I visited, or any other custodian
of record, as well as the District Clerk's office, has any record of
any such charge. I spoke with the Jail Magistrate, Judge Virgil Bain,
and he said he has no such record.
As
Capt. Colyer left, Ranger Cawthon said, “I will get you that name
if you run into any difficulty, Jim.” He is sincere. I know that.
We do our business. No static at all.
As
we parted friends, he bubbled up about a happy television special a
producer just finished on he and his posse. It's all about a trip to
Honduras to get some bad actors wanted on fugitive warrants.
The
Honduran police use a little bit different methods, he said. “They
brought them to a police station that looked like something that's
been bombed out in Beirut.” As they waited to clear up all the
paperwork, he remembered, a local television crew arrived and
discovered the room where the prisoners were held had no doorknob.
“They
filmed right through the empty hole.” He smiled. The television
story isn't quite ready yet. Air time isn't scheduled, but it will
be. He smiled again.
“This
whole thing really should have been handled by the folks in Killeen.
We had very little to do with the deal, but the shooting took place
here, so we got it. And we're going to prosecute it, too. All the
way.”
As
he turned to go, he added, “Jim, you have any static about getting
what you need, you just let me know. I will get you the name of the
perpetrator on this deal.”
I
told him I don't want to get too pushy. Could be Capt. Colyer knows a
lot more about this than I do, and I want him to take his time and
get them all – every last one of them – especially the one who
would come around when folks are trying to sleep in their homes and
invade their castle and keep, to take what they have, and terrorize
them.
Basta!
Why
fuss? Ends by getting on your nerves. Every time.
But
not like this - Not last night, but the night before, sixteen
robbers came knockin' at my door; back to back, they faced each
other; pulled out their swords and shot each other...Go down by the
stoop. Any major dude or dudette will tell you.