Two Willis police officers have been indicted on criminal charges by a Montgomery County grand jury for alleged misconduct during a chase last summer where they used a Taser on a fleeing resident.
The two officers were indicted as a result of their actions on July 29, 2017, when they used the taser during their the arrest of Kendric Kizzie as he fled from a home in Willis. The grand jury charged both officers with official oppression, a class A misdemeanor, and a second charge of tampering with a governmental record, a state jail felony, court records show.
The grand jury returned the indictments against the officers Kenneth Elmore, 32, and John McCaffery, 30 on June 28, and both men have been released after posted a $1,500 bond. Efforts to reach the men for comment were not successful.
Elmore and McCaffery were previously terminated from the department in May, confirmed Willis Police Chief James Nowak.
The circumstances of Kizzie’s arrest by the Willis officers was investigated by the Public Integrity Division of the Montgomery County District Attorney’s Office with the assistance of Texas Rangers.
During Kizzie’s arrest, the officers intentionally subjected the man to mistreatment after they were called to a home in the Willis area, the indictment alleged. The officers arrested Kizzie for evading arrest after they deployed a Taser to detain him, according to court documents, and booked him into the Montgomery County jail.
The indictments also allege the two officers made false entries on the police arrest reports regarding the incident, claiming they told the victim to stop several times.
“This incident was brought to our attention late last year through a number of sources and we began our investigation,” said Tiana Sandford, chief of the Public Integrity Division, noting the Texas Rangers did a full investigation of the incident. “The allegation is these two officers made an unlawful arrest of this individual and falsified documents as part of their investigation.”
Sandford added: “Obviously these are serious charges and allegations against these officers and we look forward to presenting the evidence to a Montgomery jury.”
The evading arrest charges brought against Kizzie were later dismissed by the DA’s office.
The criminal indictments against two of his former officers took the Willis police chief by surprise.
“It kind of leaves you speechless,” said Chief James Nowak., adding this is the first time he has had officers indicted during his tenure as chief of the Willis PD. “We try and hire the best people we can. We try to give them the best training and policy guidance we can.”
Catherine Dominguez, , the courier, “Two Willis PD officers indicted for misconduct following arrest in July 2017”, https://www.yourconroenews.com/neighborhood/moco/news/article/Two-Willis-PD-officers-indicted-for-misconduct-13054961.php