The Midland Police Department and Texas Rangers cleared two MPD officers involved in the May 12 fatal shooting of 34-year-old Christopher Lee Brawley, according to recently released documents and interviews with Police Chief Price Robinson.
For the past five months, the Reporter-Telegram filed multiple Freedom of Information Act requests with the city and the state of Texas to obtain the reports and evidence but was denied access until last week because of the ongoing investigation.
The reports, along with dashboard camera video provided by the City Attorney's Office, paint a picture of two officers -- James Rex and Mollie Pehl -- who were justified and in compliance with the law for the use of deadly force.
In an interview last week, Robinson also addressed the police department's investigation, including the findings of the police department's Adminstrative Review Board, the department's "use of force policy" and the decision not to announce Pehl and Rex were cleared to resume active duty operations in August.
THE NIGHT OF MAY 12
While the first-responding officers were en route, they were advised by dispatch that Brawley repeatedly had hit his girlfriend, Denisa Taylor's vehicle with a pool stick and took her cellphone. Taylor told detectives she was able to get away from Brawley, enter his residence through an unlocked bedroom window and use his phone, according to the synopsis of a May 13 inter-office memo recently released.
Rex arrived first and attempted to separate the couple, who were standing "beside the obviously damaged vehicle." In an effort to protect Taylor, Rex told Brawley to step away. He yelled expletives and defied Rex's commands. An altercation broke out between Rex and Brawley after Brawley refused to comply with the officer's commands and headed toward his residence.
When Pehl arrived, she saw Brawley hitting and kicking the patrolman. She ran toward the downed officer and attempted "to gain control of Brawley with negative results," the memo states.
The three engaged in a struggle in the yard, according to evidence, including video footage captured by the officers' dashboard cameras. At one point, Brawley put Rex in a choke-hold and began to slam his head into the bed of a pickup as Pehl continued to deliver "department-approved strikes and retention maneuvers."
While Brawley had Rex in the choke-hold, he retrieved a 2-by-4 plank of wood from the pickup and began striking both officers in the head and body, the recently released report states.
Pehl's dashboard camera video, which was obtained by the Reporter-Telegram, documents the intense life-and-death struggle between the officers and Brawley.
Although the video is grainy and is seen from an angle, the sounds of the struggle support statements by Rex, Pehl and eyewitnesses, including Taylor, that the officers had no other course of action.
Fearing for both their lives and the life of Taylor, Pehl disengaged Brawley, drew her department-approved sidearm and fired three shots at Brawley, striking him in his upper torso. Immediately after he was released, Rex also drew his sidearm and fired one shot, also striking Brawley in the upper torso, according to the autopsy report, evidence and witness statements.
Shortly after, a supervising sergeant arrived on-scene to take control of the situation and subsequent investigation. Rex and Pehl immediately were sequestered until they could receive a medical evaluation. Other officers tried to administer first aid to Brawley and cleared the residence and nearby areas of any other possible threats. Midland Fire Department medical crews worked on Brawley as he was transported to Midland Memorial Hospital for treatment. Medical attendants pronounced Brawley dead at 10:42 p.m.; Precinct 1 Judge Joe Matlock officially ruled him dead at 11:15 p.m. Rex also was transported to MMH for medical attention; Pehl was transported to police headquarters. Both officers' department-approved sidearms were turned over to crime scene technicians.
The Texas Rangers, MPD shoot team, other police personnel and legal counsel were notified and responded to the scene to investigate, collect evidence and interview witnesses, as is protocol, according to the documents.
The May 13 memo concluded: "Preliminary evaluation suggests that in-car video, audio recordings, physical evidence collected at the scene, eyewitness statements obtained by (detectives) and statements from Denisa Taylor support initial accounts provided by Officer Pehl and Officer Rex."
However, a Shooting Review Board was called to establish an official report, which is mandated by state law.
INVESTIGATION AND AFTERMATH
The internal review board met May 18 to decide whether the shooting was legal and justified. Several supervisors, detectives and internal affairs officers reviewed written statements by officers and witnesses; reviewed audio and video from officers' dashboard cameras; inspected evidence collected on-scene; reviewed photographs of the crime scene; and read the preliminary autopsy report.
A toxicology report showed that Brawley was not under the influence of any drugs at the time of his death, according to test results from the Fort Worth Medical Examiner's Office.
The Administrative Review Board declared the officers' actions were justified and in compliance with state and federal law for the use of deadly force, according to a May 19 inter-office memo to Robinson from Lt. Seth Herman, the board chairman. According to the police department's use-of-force policy, an officer can use deadly force "when the suspect is intent on immediately endangering human life or immediately inflicting serious bodily injury unless apprehended without delay. The officer must reasonably believe the suspect is armed or has the means to inflict death or serious bodily injury."
Robinson told the Reporter-Telegram that he was satisfied with the board's findings but said the events were tragic, nonetheless.
"Anybody's death is unfortunate, but (Pehl and Rex) were forced into a situation where there was no other option but to use deadly force," the chief of police said. "I support their actions 100 percent. We conducted an investigation alongside the (Texas) Rangers to ensure impartiality, and both agencies cleared the shooting."
When asked about the possibility of introducing less-than-lethal alternatives to firearms, like Tasers, Robinson said his office considered that but "at this point we have all the training and tools necessary."
After both agencies cleared the officers, the case was brought to a grand jury on Aug. 10. The Reporter-Telegram recently had the opportunity to review the documents from the grand jury and its decision not to bring the case to trial. The following day, Pehl and Rex were cleared to resume active duty operations. Before the grand jury's decision, they were on administrative duty after they were cleared by the shoot team.
OBTAINING THE RECORDS
The Reporter-Telegram filed FOIA requests immediately after the shooting with the city of Midland and MPD. The initial requests provided some information -- transcripts of the scanner traffic between officers and dispatch, personnel and training records of the officers involved in the shooting, a list of evidence collected and the department's use-of-force policy -- but the detailed report on the events and officers' statements were redacted.
Several further attempts to obtain the redacted information were unsuccessful. City Attorney Keith Stretcher deferred the request to the Texas Attorney General's Office, which ruled the information was not public record because the investigation was ongoing. In September, more than a month after the officers were cleared and returned to active duty, a request was sent to the Texas Department of Public Safety and the Texas Rangers. The request never was answered.
A final FOIA letter was sent to Stretcher on Oct. 27 requesting the information that was redacted in the documents received in May. Eventually, more than 500 pages of documents were provided that detailed the events of May 12, Rex's and Pehl's training and personnel records, department policies and the review board's conclusion.
When Robinson was asked why his department did not make the results public after the officers were cleared, he said it was a simple oversight.
"With results like this, we wouldn't intentionally hide information," he told the Reporter-Telegram after listing favorable reports issued by the shoot team, the Texas Rangers and the grand jury.
May 12 Timeline
9:47 p.m. Midland police 911 operators receive a domestic disturbance call to the 5100 block of Ric Drive.
9:49 p.m. Denisa Taylor tells dispatch that her boyfriend, Christopher Lee Brawley, has struck her vehicle multiple times with a pool stick and taken her phone, preventing her from alerting 911 operators sooner.
9:51 p.m. Officer James Rex arrives on scene. Altercation between Brawley and Rex begins.
9:53 p.m. Officer Mollie Pehl arrives on scene to assist Rex.
9:54 p.m. Pehl fires three shots and Rex fires one shot, striking Brawley four times in the torso. Ambulance is called to the scene. Sgt. Joey Garcia arrives on scene to take command.
9:55 p.m. More officers arrive to search the area for other threats and to block off the crime scene.
9:59 p.m. Ambulance arrives on scene.
10:01 p.m. Midland Police Department shoot team is alerted to the officer involved shooting.
10:02 p.m. Another ambulance is dispatched to clear Pehl and transport Rex to Midland Memorial Hospital for treatment after sustaining injuries during the altercation. Chief of Police Price Robinson notified of the shooting.
10:07 p.m. Investigators and detectives begin to arrive on scene to process evidence to determine whether the shooting was legal and justified.
10:16 -- 10:23 p.m. Ambulance arrives at Midland Memorial Hospital. *
10:32 p.m. Texas Department of Public Safety notified. Texas Rangers contacted.
10:42 p.m. Medical attendants pronounce Brawley dead.
10:43 p.m. Crime Scene reconstruction detectives alerted to the shooting.
11:15 p.m. Precinct 1 Justice of the Peace Joe Matlock officially pronounces Brawley deceased.
* Approximate time
Source: Officer Pehl's dashboard video camera, transcripts of MPD dispatch radio traffic and Administrative Review Board.
Copyright 2011 - Midland Reporter-Telegram, Texas
McClatchy-Tribune News Service
