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1 part(s) to this scanned file
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ORIGINAL

.MUST BE RETURNED TO THE
OFFICE OF INSPECTOR GENERAL

 

 

TEXAS DEPARTMENT OF PUBLIC SAFETY

5805 LAMAR BLVD I BOX 4087 AUSTIN, TEXAS 78773-0001
512/424?2000 

s.texas. ov

   

STEVEN C. MCCRAW COMMISSION
DIRECTOR A. LEON, CHAIR
DAVID G. BAKER MANNY FLORES
ROBERT J. BODISCH. SR. FAITH JOHNSON
DEPUTY DIRECTORS STEVEN P. MACH
RANDY WATSON

January 12, 2015

Trooper Timonthy R. Keele
Highway Patrol Service
2885 N. Main

Paris, Texas 75460

Re: Administrative Investigation Ol62014?0409

Dear Trooper Keele:

This is in reference to the administrative investigation conducted as a result of the personnel
complaint initiated against you by Monica Hevron alleging that:

1. On September 23, 2014, while off duty, you followed and confronted 17 year?old
Tanner Hevron, who purportedly pulled out in front of your vehicle at Lamar High School
and that your actions, demeanor and verbal statements were aggressive and
confrontational towards Hevron; and

2. On September 24, 2014, you abused your authority as a trooper to confront and detain
Hevron without a lawful purpose. Speci?cally, you returned to the school on this date in
uniform and improperly utilized your position of authority to have Hevron removed
from his class. While in the school office, you scolded Hevron inappropriately.

Allegations #1 and #2 have been classified as Sustained. The Sustained conduct on your part
violates the Departmental rules regarding professional conduct as set out below:

DPS General Manual, Chapter 5, Section 05.02.04, General Doctrines and Policies. It is a solemn
obligation of members of the Department of Public Safety to uphold the constitutions of the
United States and the state of Texas as well as to enforce the statutory enactments. Constitutional
provisions take precedence over statutory enactments. In the enforcement of the provisions of a
statute, personnel of the Department of Public Safety will refrain from infringing upon any rights
or privileges guaranteed by the constitutions.

EQUAL OPPORTUNITY EMPLOYER
COURTESY SERVICE I PROTECTION

 



Trooper Timonthy R. Keele
January 12, 2015
Page 2

DPS General Manual, Chapter 5, Section 05.10.00, Compliance with Law. Members of the
Department of Public Safety are expected to be an example to the public in abiding by all laws of
the United States, this state, and local jurisdictions.

The applicable law is: Texas Penal Code Section Official Oppression. A
public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure,
dispossession, assessment, or lien that he knows is unlawful; (2) intentionally denies or impedes
another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his
conduct is unlawful; or (3) intentionally subjects another to sexual harassment. For purposes
of this section, a public servant acts under color of his office or employment if he acts or purports
to act in an official capacity or takes advantage of such actual or purported capacity.

DPS General Manual, Chapter 5, Section 05.17.00, Courtesy. An employee of the Department of
Public Safety shall be courteous to the public and to other employees. An employee shall be
tactful in the performance of duties, shall control behavior, and shall exercise the utmost patience
and discretion. An employee shall not engage in argumentative discussions even in the face of
extreme provocation. Employees shall not express any prejudice concerning another?s creed,
politics, lifestyle or similar personal characteristics.

In the performance of duties, an employee shall not use harsh, coarse, profane, or offensively
suggestive language or gestures. An employee will not deliberately intimidate, degrade,
undermine or humiliate another employee. An employee will not let personal feelings interfere

with working relationships.

DPS General Manual, Chapter 6, Section DPS Ten General Orders. As a
member of the Texas Department of Public Safety it shall be my duty: (2) To practice, at all times,
the motto of the department: "Courtesy, Service, Protection.? (7) To conduct my duties in a
straightforward, honest, and respectful manner, relying upon poise, competence, and soundness
of character. (10) To conduct myself, on and off duty, in a manner that merits the voluntary praise
of those with whom I come in contact, so that my actions reflect well upon myself, the

department, and the State of Texas.

Further, the sustained conduct described in this letter is in direct violation of the Public Safety
Commission Rules, Title 37, Texas Administrative Code, Section 1.114, and of General Manual,
Chapter 6, Section 06.30.02, ?Major Infraction Applicable to Any Member,? in the following

particulars:

 

Trooper Timonthy R. Keele
January 12, 2015
Page 3

Any of the major infractions listed below may be deemed sufficient cause for the discharge,
suspension, demotion, or removal of any member of the Department of Public Safety.

2. Violation of one or more ofthe ten general orders, as hereinbefore set out;
3. Violation of any rule, order, requirement, or failure to follow instructions
contained in Department manuals, as hereinbefore set out;
8. Use of indecent, profane, or harsh language while on duty or in uniformoff duty which reflects discredit to the Department of Public
Safety, as hereinbefore set out.

As Administrative Departmental Disciplinary Action you will receive one (1) day off duty without
pay. The one (1) day off duty without pay will be assessed by Major Michael Bradberry. In
addition you will be required to attend Education Based Discipline, specifically Effective Decision
Making. This training will be scheduled by your chain of command.

Should you desire to appeal the disciplinary action, you 'may within ten (10) days request:

0 a Chain-of?Command Administrative Review an opportunity to discuss the
classification of the complaint and the discipline assessed with your 

0 a Disciplinary Action Hearing - a meeting with me to discuss the disciplinary action
taken against you; or

3 Peer Review Board Hearing - a hearing before your peers to discuss the classification
of sustained allegation(s) as identified on the complaint and listed above. The issue of
discipline is not addressed in this hearing and no discussion of discipline is permitted.
The Board?s duty is to affirm or not affirm the allegation(s). 

Appeal procedures are contained in the Department of Public Safety General Manual, Chapter 7A,
Section 07.46.00. Any appeal of disciplinary action must be made in writing, by you, following the
procedures outlined in This request should be sent to me with copies to your

supervisors.

Sincerely, ?2

 

Luis A. Gonzalez
Assistant Director
Texas Highway Patrol



Trooper Timonthy R. Keele
January 12, 2015
Page 4

cc: Regional Commander Jack Webster Office of General Counsel
Major Michael Bradberry Human Resources
Office of Inspector General
0162014-0409

Received at (d 00 Q. pm. on this the 2 2015

day of


 

TEXAS DEPARTMENT OF PUBLEC SAFETY

5805 LAMAR BLVD 0 BOX 4087 TEXAS 78773-0001
5121?424-2000



   

COMMESSION

STEVEN C. MCCRAW
DIRECTOR A LEON. CHAIR
DAVID G. BAKER MANNY FLORES
ROBERT J. BODISCH. SR. JOHNSON
DEPUTY DIRECTORS STEVEN P. MACH
RANDY WATSON

January 30, 2015

Monica Hevron
516 CR 32200
Sumner, Texas 75486

Re: Administrative Investigation Ol62014?0409

Dear Ms. Hevron:

This is in reference to the administrative investigation conducted as a result of the personnel
complaint you initiated against Trooper Timonthy Keele. It was alleged that Trooper Keele followed
and confronted your son, who purportedly pulled out in front of Trooper Keele?s vehicle at Lamar High
School and that his actions, demeanor, and verbal statements were aggressive and confrontational. It
was also alleged that Trooper Keele abused his authority as a tr00per to confront and detain your son

without a lawful purpose.

The information obtained as a result of the investigation into your complaint did substantiate that
Trooper Keele acted in a manner contrary to Department rules and regulations. You may be assured
that the appropriate corrective action has been taken.

Thank you for bringing this matter to our attention.

Sincerely,

   

Luis A. Gonzalez
Assistant Director
Texas Highway Patrol


cc: Regional Commander lack Webster Office of General Counsel
Major Michael Bradberry Human Resources

Office of Inspector Generai
016 2014-0409

EQUAL OPPORTUNITY EMPLOYER
COURTESY I SERVICE 0 PROTECTION

 

Texas High way Patrol

Classification and Action Form

Employee: Trooper Keele, Timothy R.
Highway Patrol Service
Region 1D, Paris

Complaint 

 

Assistant Director's Recommendations

Action: at ?3 c.l?ex\ 03:5: w/o

owe.) 

Classification: [3 47E: SW WA?iail?x
(:1ch Date 



{apt/5 c.1671 



 

 

Disciplinary Action Hearing 

 

 

Classification:

Action:

 

Date
Chain of Command Administrative Review
Classification:
Action:
Director's Recommendations Date 

 

 

OFFICE OF INSPECTOR GENERAL
REPORT OF INVESTIGATION

   

NUMBER: OIG2014-0409

DATE: November 4, 2014

SUBJECT: Timothy Keele #12439
Trooper
Texas Highway Patrol
Paris/1D05

BY: Bonnie K. Moore, Lieutenant

On November 4, 2014, the Of?ce of Inspector General received an af?davit by mail from Paris
Police Of?cer Mike Boaz. Boaz was interviewed as a witness and agreed to provide an af?davit
but did not. After multiple requests, the investigation was completed without the af?davit, and
the report of investigation was submitted on October 17, 2014.

I respectfully request the attached af?davit be included in the ?le for OIG2014-0409.

Respectfully submitted,

?ak.

Bonnie K. Moore, Lieutenant
Of?ce of Inspector General

 

RECEIVED
NOV 0 4 2014

 

 

 

TEXAS HIGHWAY PATROL

AFFIDAVIT

sea. I 1 rl
STATE OF TEXAS

COUNTY OF LAMAR

Before me, the undersigned authority in and for the State of Texas, on this day personally

appeared, Mike Boaz who, after being by me duly sworn, deposed and said:

My name is Mike Boaz. I am of sound mind, 18 years of age or older, and competent to give this affidavit.

My name is Mike Boaz. I am employed as a City of Paris Police Officer and am assigned to North
Lamar as a School Resource Officer. I have retained this assignment since 2003 and have a
total of 25 years experience in Law Enforcement. I have not been sworn in any court of law
concerning this statement, yet have been deposed by phone by the Department of Public Safety
Office of Inspector General. I am giving this statement by request of Trooper Lt. Bonnie Moore. Lt.
Moore has a previously recorded statement from me concerning the events that happened on

9/24/2014 at North Lamar ISD.

On 9/23/2014, I received a call from Trooper Tim Keele regarding a reckless driver on North Lamar
ISD property. He gave me the vehicle description of the vehicle that was driving erratic/reckless in
front of the athletic facility and near Everett Elementary. He gave a description of a silver Nissan
truck 4 door truck and basic details of what happened. Trooper Keele stated he was traveling west
on Lewis Lane (3201 Lewis Lane Paris, Texas), had just passed Everett Elementary and was
approaching the entrance to the parking lot of the athletic facility. He stated the silver Nissan truck
pulled out in front of him from the facility at a high rate of speed. Trooper Keele stated he had to
slam on his brakes to keep from striking the vehicle. Trooper Keele said his main concern was for

that were in his vehicle. He said he turned his vehicle around and followed the Nissan to
get a better description. As the Nissan approached the stop sign next to Everett Elementary, Keele
said the driver opened the door, turned and yelled "I?m 17 fucking years old?.

I told the trooper that I would go to the athletic facility the next morning and look for the vehicle and

try to identify the driver. We do not allow students to drive erratic or reckless on any North Lamar
ISD property out of safety for our students and other children/parents that may be utilizing our
different facilities.

On 9/24/2014, I located the vehicle in the parking lot in front of the athletic facility. The vehicle has
been here (on property) on numerous occasions and has been normally driven by Tanner Hevron,
a North Lamar student. I went inside the athletic facility and met with Secretary Nicole Neilson. I
asked if we (Trooper Keele and I) could speak to Tanner Hevron. Neilson went and asked Tanner
to come into her office. As he walked in, he was out of breath. He said they (soccer team) had been

running in soccer practice.

Page 1

Trooper Keele and explained why we were speaking to him and that it was about the incident that
happened the day before with his reckless driving. Tanner knows who i am and sees me every day,
as I am assigned to North Lamar High School as a school police officer. Coach Tirn Billings (athletic
director) was on site but was in the next room for the first part of the meeting with Tanner. Tanner
immediately became defensive and cursed. I told him not to use curse words in front of Mrs.
Nielson. Cursing is not allowed in a public place much less a school setting. Trooper Keele then
began telling him that he can?t be driving reckless while operating a vehicle and if ever contacted by
an adult; don?t step out of the vehicle screaming curse words. Tanner admitted to driving reckless
and at a high rate of speed. He also admitted to kicking his door open and yelling ?l?m 17 fucking
years old?. At this point Soccer Coach Aaron Welch came in to check on Tanner. Tanner stated he
could have handled the situation differently and that he would next time. Tanner apologized
numerous times. simply issued Tanner a warning and felt satisfied there was no reason to issue
school punishment or criminal charges. At this point Tanner went back to class (soccer practice).

Trooper Keeie and I then left the facility. Approximately 20 to 30 minutes later, Tanners mother,
Monica Hevron came to the main office at North Lamar High School (295 Stone Avenue Paris,
Texas). She became screaming at me so we went into an assistant principal?s office. She had
already attracted the attention of numerous parents, students and secretaries in the office and
outside of the office. She began yelling at me because I spoke to her child. She also began making
allegations about Trooper Keele. i stopped her immediately when she began cursing. told her that
was not Trooper Keele?s supervisor and if she had a complaint on me, she could contact the Paris
Police Department. I also told her that if make contact with a student on a traffic violation, and that
student is 17 years old, it was courtesy to contact the parent. I had not even had time to try and
contact the parent since she immediately came to the school and confronted me. had already
informed administration that I was going to speak to the individual involved in the incident as we
always do. She began yelling again and screamed ?That badge don?t mean shit to me?. ended the
conversation immediately and instructed her to leave the campus. She had offended numerous
people in the main office with her foul language.

Tanner came to me (voluntarily) later that morning and met with me again in the high school
cafeteria. He said he wanted to speak to me again concerning the incident. Tanner again
apoicgized numerous times. Principal Clint Hildreth came over and sat with us. We had a brief
conversation again on why a vehicie weighing approximately Va. ton can?t be driven reckless on
school property. Tanner again stated he understood, he apologized again and went to class. His
demeanor had completely changed and he was very understanding when he went back to class.
As previously stated, I felt the incident was complete until i was contacted by the Texas Department

of Public Safety.

I have read the above statement consisting of pages, which is based on my personal knowledge, and it is true

and col-feet. Mfg/?

. i .3
Subscribed and sworn to before me, the undersigned authority, on this the Qia?ay of 0C.
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DEPARTMENT OF PUBLIC SAFETY
INTEROFFICE MEMORANDUM

TO: Luis A. Gonzalez, Assistant Director DATE: 11-0744

FROM: Larry L. Allen, Major DIVISION: THP

SUBJECT: Administrative Investigation (01620140409) Concerning:

Keele, Timothy R. #12439
Texas Highway Patrol
Paris/1D05

Complaint:

#1 On September 23, 2014, while off duty, you angrily followed and verbally
confronted, seventeen year old, Tanner Hevron who allegedly pulled out in front of you
vehicle at North Lamar High School. Keele?s actions, demeanor, and verbal statements

were threatening and inflammatory toward Hevron.

On September 24, 2014, Keele returned to the school in uniform and improperly Utilized
his position of authority to remove Hevron from class. Keele maintained custody of
Hevron in a school of?ce during which he verbally scolded, demeaned, and intimated

Hevron.

#2 On September 24, 2014, Keele abused his authority by using the authority of his
position to mistreat and detain Hevron without a lawful purpose.

Summary:

On September 23, 2014, Seventeen year old Tanner Hevron pulled out in front of a red
Nissan truck (driven by off duty DPS Trooper Timothy R. Keele) traveling on the west
on Stone Avenue near the North Lamar High Schodl Campus in Paris, Texas. Keele had
to apply his brakes in order to avoid colliding with Hevron?s vehicle.

According to Keele, Hevron turned and went east but I (Keele) glanced in my side
mirror and he (Havron) was stopped in the middle of the road looking hatefully at me
(Keele) and threw his hands up in the air. Before I knew it, I?d already turned around
because I was like, maybe he wants to discuss what just happened.

(Keele) turned around and then I got back out on the road. He (Hevron) was at the

stop sign whenever I hit the ?rst speed bump. There?s two of them right there between
where I was and where he had stopped. So anyway, I went over the speed bumps and
pulled up behind him and he was still sitting there at the stop sign. I said, ?Hey, did you

I Keele, Timothy R. 550?? I (I


2

want to discuss what just happened?? He (Hevron) kicks his door open and is holding
his door open. I (Keele put truck in park, I get out and I said, 'Hey, you pulled out
in front of me. I?ve got here. You almost caused a crashf So then he turns
to me and said, I?m only J7 fucking years old was like, Okay, I turned around, I got
back in my truck turned around and drove away.?

Keele stated after he dropped[ joff he called Of?cer Mike Boaz (North Lamar High
Resource Of?cer). Boaz identi?ed the driver and suggested Keele come talk to the
driver the following morning at the school. The following morning, Keele went to the
school and met with Boaz.

Boaz took Keele to the athletic facility where Boaz asked the secretary to retrieve
Hevron because they needed to talk with him. When Hevron arrived, Keele asked
Hevron, ?Hey, do you remember me from last night. ?Last night, the guy in the red
pickup that you pulled out in front of?. Hevron stated, remember? and sat down.
Keele said, ?I?d like to discuss with you what happened last night cause, man that is
dangerous, with the way you were driving, the speeds that you were driving. There's a
blind corner, like I said, from that building coming all the way out.? ?You could end up
hurting somebody." Hevron just sat there with his head hanging down not looking at
Keele and Keele said, ?Hey boy, whenever a man talks to you, look him in the face so I
know that you?re hearing what I?m talking about?. The meeting concluded after Hevron

apologized to Keele.
Classification:
Allegation I Sustained.
Allegation II Sustained.
Recommendation:

Trooper Timothy Keele, while off duty and operating his personal vehicle, pursued,
stopped and confronted Tanner Hevron, a seventeen (17) year old North Lamar High
School student after Hevron pulled out in front of Keele near the High School Campus.
The next day Keele went to the North Lamar High School, met with School Resource
Of?cer Mike Boaz who had Hevron removed from class in order to facilitate a meeting
with Keele. During the meeting Keele scolded Hevron in reference to his reckless
driving and was discourteous towards Hevron calling him ?boy?. Keele used poor
judgment in pursuing and confronting Hevron (while off duty) over a traf?c violation.
Furthermore, Keele followed up on this ?road rage? encounter by going to Hevron?s
school and acting his of?cial capacity as a State Trooper to verbally scold Hevron.

Keele, Timothy R.


3

I believe Trooper Keele?s conduct in confronting and scolding Hevron was
unprofessional and was not in furtherance of a legitimate law enforcement purpose, but
rather was done for personal reasons.

Trooper Keele?s conduct is within the Misconduct Category of the Texas Department
of Public Safety Disciplinary Matrix and could be placed within the Presumptive Penalty

Range.

I recommend one (1) day suspension without pay and Trooper Keele should be
assigned to attend Effective Decision Making Training.

Respectfully Submitted,

snow

Larry L. Allen, Major
Texas Highway Patrol Division

DEPARTMENT OF PUBLIC SAFETY
INTEROFFICE MEMORANDUM

TO: Office of General Counsel DATE: 11/12/2014
FROM: Luis A. Gonzalez, Assistant Director DIVISION: THP
SUBJECT: Administrative Investigation 0162014?0409

Concerning:

Keele, Timothy R.
Trooper
Highway Patrol Service

Region 1D Paris

Please cause the proper review ofthis investigation.

Luis A. Gonzalez, Assistant Director
Texas Highway Patrol

am

Larry L. Allen, Major
Texas Highway Patrol

LLA: rj
Attachment

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TEXAS DEPARTMENT OF PUBLIC SAFETY

OFFICE OF INSPECTOR GENERAL
IN EROFF ICE MEMORANDUM

TO: Luis Gonzalez, Assistant Director, Texas Highway Patrol
FROM: Of?ce of Inspector General
DATE: September 30, 2014

SUBJECT: 

Concerning: Timothy Keele
ID #12439
THP/HP/Trooper
Paris/1 

Investigator: Bonnie Kay Moore
ID #08214
CS Lieutenant

Austin
Complainant: Monica Hevron

Allegation: Timothy Keele, Trooper, THP, Paris, Region 1D, allegedly, while off-
duty, angrily followed and verbally con?onted a 17 year old male driver
who purportedly cut his vehicle off at a high school. The following
morning, Tr00per Keele allegedly had the school resource of?cer pull the
driver ??orn his high school class where Trooper Keele (in uniform)
belligerently confronted him again over the previous day?s incident.

Please be advised that Of?ce of Inspector General ?le number has been assigned
to this case. This case was assigned on September 30, 2014.

Captain Phillip Ayala is the supervising Captain for this investigation. Please call 512?424?5015
for questions or assistance.

PA/kmy

cc: Jack Webster, Regional Commander, Region 1



Young, Kimberlie

7 ?rom: Young, Kimberlie

Sent: Tuesday, September 30, 2014 9:35 AM

To: Gonzalez, Luis (THP - Chief)

Cc: Webster, Jack

Subject: Investigation Notification Memo 0162014?0409 KEELE
Attachments: 2014?0409 KEELE NotificationMemoTHPandRC.l.pdf

AD Gonzalez,

Please refer to the attached investigation notification memo regarding 0l62014?0409, Trooper Timothy Keele.

Thank you,

Kimberlie Young

Administrative Assistant IV

Of?ce of Inspector General

Texas Department of Public Safety
(512)424-5016

Young, Kimberlie

 

?rom: Ayala, Phillip

Sent: Tuesday, September 30, 2014 8:21 AM

To: Moore, Bonnie

Cc: Fleming, Rhonda; Lopez, James; Sanchez, Louis; Young, Kimberlie

Subject: Assignment of Investigation? Region 1 (Paris)THP Trooper Timothy Ray


Attachments: Complaint - Trooper Keele.pdf

Bonnie,

You have been assigned an investigation on Region 1 (Paris) THP Trooper Timothy Ray Keele
concerning allegations while off-duty, he angrily followed and verbally confronted a 17 year old male
driver who purportedly cut off his vehicle off at a high-school. Trooper Keele then allegedly followed
up this incident the next morning by having the school resource officer pull the driver from his high
school class where Trooper Keele (in uniform) belligerently confronted him again over the previous
day's incident. All related documents will be provided to you and the approval will be uploaded to
The ROI for this investigation will be due no later than 10/17/14. If additional time is
needed, please document the justification in memorandum form to me prior to the due date including
the anticipated completion date. Kim will send a notification to THP Asst. Director Luis Gonzalez and
Regional Commander Jack Webster informing them of this investigation. Please contact me if you

have any questions.

Thank you,

Phillip G. Ayala, Captain

Office of Inspector General

Texas Department of Public Safety
Office: 512.424.5015

Cell: 512. 983.4217

 

From: Ayala, Phillip

Sent: Tuesday, September 30, 2014 7:57 AM

To: Hale, Lisa 

Cc: Maloy, Sandra (Sandra.Malov@st.texas.qov)
Subject: FW: Complaint intake/Keele

Lisa,

Can you enter this in lAPro and provide me a number for assignment.

Thank you,
Phillip

From: Fleming, Rhonda

Sent: Monday, September 29, 2014 7:48 PM

To: Ayala, Phillip

Cc: Sanchez, Louis; Lopez, James; Maioy, Sandra
Subject: RE: Complaint intake/Keeie

Thanks Phillip.
Approved.

Rhonda Fleming, 1. 

Of?ce of the Inspector General
W. 512-424-2054

C. 512-923?8687


This e-ma/l Including an attached ?les, may (ante/n con?dential and privileged Information for the sole use of the
Intended reap/em (or authorized [0 receive Infonnahon for the intended recipient), please contact [he sender by rep/y e-
rail and delete all copies oft/71's message.

From: Ayala, Phillip

Sent: Monday, September 29, 2014 7:18 PM

To: Fleming, Rhonda

Cc: Sanchez, Louis; Lopez, James; Maloy, Sandra
Subject: Re: Complaint intake/Keele

Rhonda,

If the allegation is true (and it appears factual) I'm a bit concerned with the trooper following-up with this
interaction personally and in uniform (on duty?) at the school. He appears way too rankled by their initial
interaction and personalizing this incident beyond reasonableness.

I recommend conducting an inquiiy on this matter with an OIG investigator. If approved, I'll assign an
investigator to proceed with a noti?cation of allegations and look into this occurrence.

Respectfully,

Phillip G. Ayala, Captain

Of?ce of Inspector General

Texas Department of Public Safety
Of?ce 

Cellular 

On Sep 29, 2014, at 3:47 PM, "Fleming, Rhonda" <Rhonda.Fleming@dps.texas.gov> wrote:

I can go either way on this. Division Referral or investigation. Thoughts?

2

Rhonda Fleming

Inspector General

Of?ce of the Inspector General
W. 512-424-2054

C. 512-923?8687
RhondaFlemingCdeps.[exasggov

Begin forwarded message:

From: "Maloy, Sandra" <Sandra.Maloy@dps.texas.gov>
Date: September 29, 2014 at 3:37:13 PM CDT

To: "Fleming, Rhonda" <Rhonda.Fleming@dps.texas.gov>
Subject: Complaint intake/Keele

Please review for intake assignment.

Thank you,
Sandra

<Complaint Trooper Keele.pdt>

r~x

Hale, Lisa

 

"tom: Ayala, Phillip

Sent: Tuesday, September 30, 2014 7:57 AM
To: Hale, Lisa

Cc: Maloy, Sandra

Subject: FW: Complaint intake/Keele
Attachments: Complaint - Trooper Keele.pdf

Lisa,

Can you enter this in lAPro and provide me a number for assignment.

Thank you,
Phillip

From: Fleming, Rhonda
Sent: Monday, September 29, 2014 7:48 PM
To: Ayala, Phillip

Cc: Sanchez, Louis; Lopez, James; Maloy, Sandra
Subject: RE: Complaint intake/Keele

Thanks Phillip.
Approved.

Rhonda Fleming, 1. 

Of?ce of the Inspector General
W. 512-424-2054

C. 512-923-8687


This e-mail, INC/titling any attached files, may contain con?dential and privileged information for the sole use of the
intended leap/mt or authorized to leceive information for the intended lee/pient), please contact the sender by rep/y e-

ma/l and delete all cop/es of this message.

From: Ayala, Phillip

Sent: Monday, September 29, 2014 7:18 PM

To: Fleming, Rhonda

Cc: Sanchez, Louis; Lopez, James; Maloy, Sandra
Subject: Re: Complaint intake/Keele

Rhonda,
If the allegation is true (and it appears factual) I?m a bit concerned with the trooper following-up with this

'"1teraction personally and in uniform (on duty?) at the school. He appears way too rankled by their initial
nlteraction and personalizing this incident beyond reasonableness.

I recommend conducting an inquiry on this matter with an OIG investigator. If approved, I'll assign an
investigator to proceed with a noti?cation of allegations and look into this occurrence.

Respectfully,

Phillip G. Ayala, Captain

Office of Inspector General

Texas Department of Public Safety
Of?ce 

Cellular 

On Sep 29, 2014, at 3:47 PM, "Fleming, Rhonda" <Rhonda.Fleming??dpstexas.gov> wrote:

I can go either way on this. Division Referral or investigation. Thoughts?

Rhonda Fleming

Inspector General

Of?ce of the Inspector General
W. 512-424?2054

C. 512-923-8687
Rhonda.Fleming@dps.texas.gov

Begin forwarded message:

From: "Maloy, Sandra" <Sandra.Maloy@dps.texas.gov>
Date: September 29, 2014 at 3:37:13 PM CDT

To: "Fleming, Rhonda" <Rhonda.Fleming@dps.texas.gov>
Subject: Complaint intake/Keele

Please review for intake assignment.

Thank you,
Sandra

<Complaint - Trooper Keele.pdf>

TEXAS DEPARTMENT OF PUBLIC SAFETY

OFFICE OF INSPECTOR GENERAL

SUMMIT EXECUTIVE CENTRE
13706 Research Blvd., Ste. 100
Austin, TX 78750-1 838
(51 2) 424-501 7



 

RHONDA FLEMING
INSPECTOR GENERAL

September 30, 2014

Monica Hevron

516 CR 32200

Sumner, TX 75485

RE: Complaint Ol62014?0409, Trooper Timonthy Keele

Dear Ms. Hevron:

  
   

  
  




 

PUBLIC SAFETY
COMMISSION
A. LEON, CHAIR
MANNY FLORES
FAITH JOHNSON
STEVEN P. MACH
RANDY WATSON

This correspondence is to inform you that the Office of Inspector General is in receipt of your
personnel complaint against the Texas Department of Public Safety employee listed above. The
Office of Inspector General is committed to addressing complaints against members of the
Department. Thank you for providing this information to our office and please be assured that
your concerns will be forwarded to an investigator to further review and evaluate your
complaint. You may be contacted by the investigator during the course ofthe investigation and

should receive a letter upon resolution of your complaint.

Should you have any questions please do not hesitate to contact our office.
Respectfully,

DJ Alt, 



Captain Phillip Ayala
Office of Inspector General
Texas Department of Public Safety



NOTE: This original file is being provided for your
review. Please insert all original documents as it is
routed through the chain of command review.

This file must be returned to the Office of inspector
General once the review and disciplinary action has
been completed and if the employee has not filed an
appeal. If the employee has filed for an appeal the
file should be returned back to the Office of Inspector
General once the appeal process has been
completed.

If you should have any questions please contact OIG
at 512-424-5017.

TEXAS DEPARTMENT OF PUBLIC SAFETY
OFFICE OF INSPECTOR GENERAL
REPORT OF INVESTIGATION

   

NUMBER: OIG2014-0409

DATE: October 17, 2014
SUBJECT: Timothy Keele #12439
Trooper
Texas Highway Patrol
Paris/ 1D05
BY: Bonnie K. Moore, Lieutenant

 

ALLEGATION

Allegation I

It is alleged that on September 23, 2014, Trooper Timothy Keele, while off duty, angrily
followed and verbally confronted, 17 year old, Tanner Hevron who purportedly pulled out in
front of Keele?s vehicle at North Lamar High School. It is alleged that Trooper Keele?s actions,
demeanor, and verbal statements were threatening and in?ammatory toward Hevron.

It is further alleged that on September 24, 2014, Trooper Keele returned to the school in uniform
and improperly utilized his position of authority to remove Hevron from class. Keele maintained
custody of Hevron in a school office during which Keele verbally scolded, demeaned, and

intimidated Hevron.

The conduct alleged in Allegation I, if true, is in violation of the following Department of Public
Safety Policies which state in part:

DPS General Manual 05.17.00 Courtesy: An employee of the Department of Public Safety
shall be courteous to the public and to other employees. An employee shall be tactful in the
performance of duties, shall control behavior, and shall exercise the utmost patience and
discretion. An employee shall not engage in argumentative discussions even in the face of
extreme provocation. Employees shall not express any prejudice concerning another?s creed,
politics, lifestyle or similar personal characteristics.

DPS General Manual 06.10.01 (2) (7) (10) DPS Ten General Orders: As a member of the
department it shall be my duty:

(2) To practice, at all times, the motto of the Department: "Courtesy, Service, Protection."

(7) To conduct my duties in a straightforward, honest, and respectful manner, relying upon poise,
competence, and soundness of character.

(10) To conduct myself, on and off duty, in almanner that merits the voluntary praise of those
with whom I come in contact, so that my actions re?ect well upon myself, the Department, and

the State of Texas.

Allegation II

It is alleged that on September 24, 2014, Trooper Keele abused his authority by using the
authority of his position to mistreat and detain Hevron without a lawful purpose.

The conduct alleged in Allegation ll, if true, is in violation of the following Department of Public
Safety Policies which state in part:

DPS General Manual 05.02.04 General Doctrines and Policies: It is a solemn obligation of
members of the Department of Public Safety to uphold the constitutions of the United States and
the State of Texas as well as to enforce the statutory enactments. Constitutional provisions take
precedence over statutory enactments. In the enforcement of the provisions of a statute,
personnel of the Department of Public Safety will refrain from infringing upon any rights or
privileges guaranteed by the constitutions.

DPS General Manual 05.10.00 Compliance with Law: Members of the Department of Public
Safety are expected to be an example to the public in abiding by all laws of the United States,
this state, and local jurisdictions. The applicable law: Texas Penal Code, Chapter 39.03

Official Oppression

Texas Penal Code, Chapter 39.03 Of?cial Oppression: A public servant acting under color
of his office or employment commits an offense if he:

(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure,
dispossession, assessment, or lien that he knows is unlawful;

(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege,
power, or immunity, knowing his conduct is unlawful; or

(3) intentionally subjects another to sexual harassment.
For purposes of this section, a public servant acts under color of his office or employment if

he acts or purports to act in an official capacity or takes advantage of such actual or purported
capacity.

 

 

On September 29, 2014, the Office of Inspector General (OIG) received a complaint affidavit
(Tab 1) from Monica Hevron who stated Trooper Timothy Keele from Paris, Texas acted
unprofessionally and abused his authority when dealing with her 17 year old son, Tanner

Hevron.

 

2

 

553'th

The complaint stated, on the evening of September 23, 2014, Tanner Hevron pulled out in front
of a vehicle on his high school campus. The vehicle whipped around, accelerated up to Tanner?s
bumper very quickly, and tailgated him. When Tanner stopped at the stop sign, the other driver
got out angry and approached Tanner?s vehicle which Tanner interpreted as a sign of aggression
and was scared. The man raised his voice complaining that Tanner pulled out in front of him.
Tanner told him, ?Sorry Dude, but the man kept lecturing Tanner. The man told Tanner, "You
act like you got something to say to you want to say something to me?? Tanner, using
profanity, told the man he was only seventeen years old and the man should talk to his father,

and then pulled away.

On the morning of September 24, 2014, Tanner was pulled out of class to come to the office of
the athletic building where he was confronted by Trooper Timothy Keele who was there in
uniform with School Resource Officer Mike Boaz. Hevron alleged Keele raised his voice and
was intimidating and bullying toward Tanner. Keele asked Tanner, ?Do you remember me
boy?? He referred to Tanner several times as "boy. Keele told Tanner, ?You look me in the eyes
boy when I 'm talking to you.? Hevron complained that Tanner was not told he did not have to

speak to the officer Without a parent or an attorney.

Hevron stated Keele had a personal case of road rage and abused the authority of his badge to
intimidate, bully, and belittle a child. She said, ?Even as an adult, I would have been fearful of
someone who got out of their vehicle and approached me angrily.? She considered Keele?s

actions unethical.

Based on the information contained in the complaint affidavit, was initiated.

Tanner Hevron, Witness. Tanner was interviewed (Tab 7 Audio Recording) on October 1,
2014, in the presence of his parents, Monica and Jerrod Hevron, and provided a sworn affidavit
(Tab 2). Tanner stated he was leaving the athletic facility at North Lamar High School when he
pulled out in front of a red Nissan truck. The driver of the truck yelled something at Tanner and
Tanner hit his breaks, but Tanner did not understand what the driver said so he kept going.

Tanner said the truck turned around quickly, caught up to him, and tailgated Tanner to the next
stOp sign. When Tanner stopped, the driver of the red truck yelled something again, but again
Tanner did not understand what he said. Tanner said he cracked his driver?s door, peeked out and
said, ?Sir?? In response, the driver exited his vehicle and approached Tanner. Tanner closed his

door, but his driver window was down.

Tanner said the driver was ?angry and heated. The driver complained that Tanner pulled out in
front of him withL inside the vehicle. The driver told Tanner, ?You hit your brakes like
you got something to say to me! You got something to say to me .7 Tanner said he told the man
he was 17 years old and he should talk to Tanner?s dad then drove away.

Tanner stated the next morning he was called out of athletics to the athletic office. He said Keele
was in the office in uniform and asked Tanner, ?Do you remember me?? Keele confronted
Tanner about what happened the night before. Tanner wrote in his affidavit, he trooper said,
?Look me in the eyes when I?m talking to you, don't you know how to look someone in the eyes
when they are talking to you?? The trooper asked, ?Did you sleep last night, boy? What?s wrong

 

OIG2014-0409 3



with you Trooper Keele said, ?You hit your brakes like you had something to say, I ?m not going
to take that from a kid.? Trooper Keele accused me of kicking my car door open, I told him I did
NOT kick my door open, he said, ?Yes you did!? I kept repeating ?Yes Sir? over and over again,
he said, ?You are just telling me what I want to hear,? and I said, es Sir. He threatened to get
Mr. Hildreth. the principal in the room. I did not feel free to leave the room. O??icer Boaz finally
said, ?That?s enough, he?ll get the point? and sent me back to class. 

During his interview, Tanner said he cussed when Keele confronted him at his car window
because after he told Keele he Was sorry, Keele did not relent. He also stated Keel was
disrespectful when he confronted Tanner at the school and would not let Tanner speak; therefore,
Tanner only responded with ?Yes Sir? regardless of what Keele said.

Clint Hildreth, North Lamar High School Principal. Hildreth was interviewed (Tab 7 
Audio Recording) on October 2, 2014. Hildreth said Keele came to the school and advised
Hildreth he wanted to speak to one of the students about his driving. Hildreth stated he was not
fully aware of Keele?s encounter with Tanner the evening prior but was told Tanner was driving
recklessly on campus which was an ongoing issue with teenage drivers on campus. Hildreth said
the School Resource Officer, Mike Boaz, accompanied Keele.

Hildreth said he has since learned a more detailed account for what took place, and while he
would normally feel it was incumbent on a state trooper to monitor the driving habits of the
students and assist the school to maintain a safe environment for the students, Hildreth did not
agree with Keele addressing Tanner in plain clothes. Hildreth was also told Keele did not handle
the meeting well but did not identify from whom. Hildreth said he was disappointed in both
Keele and Tanner?s behavior. He stated, think both of them could have chosen a di?erent
path. . .and we would not be talking right now. 

Mike Boaz, Paris Police Department. Boaz was interviewed (Tab 7 Audio Recording) on
October 7, 2014. Boaz agreed to provide an affidavit; however, an affidavit was not received.
Boaz is the North Lamar High School Resource Officer. He stated Keel contacted him on
September 23, 2014, and ?indicated he wanted to come talk? about an incident that happened on
campus by the field house with a ?reckless driver. 

Keele came to the school the next morning, provided Benz 3 description of the vehicle, and Bear
identified the vehicle as belonging to Tanner Hevron. Boaz said, ?We wanted to talk to the
student about his since it?s out here at the school next to an elementary

school, erratic driving is completely unacceptable.?

Boaz asked the Athletic Department secretary, Nicole Neilson, to retrieve Tanner from class so
they could speak. When Tanner arrived to the office, Bear and Keele spoke to Tanner about his
driving. Boaz said Tanner acknowledged recognizing Keele and told Boar, thought he was

going to whoop my ass.?

Boar. said Keele verbally warned Tanner about reckless driving on campus, but Boaz did not
recall Keele making the comments alleged by Tanner or Keele being confrontational toward
Tanner. Boaz said, ?You want to use authority with them so they understand.? Ben: said Tanner
was free to leave the meeting at any time and was not detained.

 

OIG2014-O409 4



Nicole Neilson, North Lamar High School Administrative Assistant. Neilson was interviewed
(Tab 7 Audio Recording) on October 7, 2014. Although she agreed to provide an affidavit,
one was not received; therefore, her interview was transcribed (Tab 6) due to the detailed nature
of her recollection. Neilson was present during Keele?s discussion with Tanner.

Neilson said Boaz and Keele came to her and asked her to retrieve Tanner from athletics. Tanner
was running on the track, and she brought him to the office where he came in and sat down.
Boaz and Keele asked Tanner if he recognized Keele and Tanner said, Neilson said,
?They asked him a couple of Tanner was kind of breathing heavy. Tanner said
he was tired from running so Boaz told him, ?Well go get a drink and, you know, kind of cool of
a little bit and come back in. Tanner left the office, got a drink and then returned.

Upon return, Keele asked Tanner if he remembered pulling out in front of him the day before.
Tanner remembered and admitted he made a mistake. Neilson described Tanner by stating, ?He
was very ?Yes sir, no sir. She recalled Keele stated to Tanner, ?You know, you turned around
and you looked at me like [you were]. . .wanting to fight me. And Tanner responded, ?Well. . . you

were looking at me. 

Neilson said Keele explained to Tanner that he had[ 3n his vehicle and it was unsafe for
Tanner to speed through the parking lot to which Tanner apologized. Neilson continued, ?O??icer
Keele said, ?Well why were you looking at me like you wanted to come after me?? And he said,
?Well cause you were going to whoop my ass, you were going to whoop my ass, and he said that

like two times.?

Boaz admonished Tanner for cursing in front of Neilson. According to Neilson, Keele explained
to Tanner, ?What if that would have been someone else besides me and you, you know, [were]
looking at the them that kids carry guns, adults carry guns, you?ve got road

rage. 

Neilson said Tanner apologized again and told Keele he would be more aware next time. Boaz
told Tanner to get dressed for class, and Tanner left the office. Neilson did not recall hearing
Keele refer to Tanner as ?boy? in a negative way. She said Keele told Tanner to look him in the

eye, and Tanner responded respectfully during their interaction.

James Kain, THP Sergeant. Kain is Keele?s immediate supervisor and was interviewed (Tab 7
Audio Recording) on October 8, 2014. He provided an affidavit (Tab 4), and said on
September 24, 2014, Keele came to him and gave him a ?heads up? regarding a potential
complaint. Keele explained the story regarding Tanner, but to Kain?s recollection, Keele did not
tell Kain he turned around to pursue Tanner after Tanner pulled out in front of him. Kain said,
?Trooper Keele stated he just talked to the driver about responsibility of driving and [explained]
to him what could possible go wrong if he had an accident. Trooper Keele stated he then left,
stated that the driver had explained he understood. Kain said Keele knows better than to pursue
or stop someone in his personal vehicle while he is off duty.

Timothy Keele, Trooper. Keele was provided the Personnel Complaint and Complaint
Affidavit (Tab 1) on October 1, 2014. He was provided Garrity (Tab 1) and interviewed (Tab 7

 

OIG2014-0409 5

559.!?

Audio Recording) on October 9, 2014. The transcription of his interview was ubmitted as his
sworn affidavit (Tab 3). Keele stated on the date in question he was taking
jto the school for their respective school activities.

Keele was traveling west on Stone Avenue (Tab 5 Scene Map and Photographs) at
approximately 10 miles per hour, or less, when Tanner pulled out in front of him causing Keele
to use his breaks to avoid a collision. Keele said, went over a couple of speed bumps, I see a
flash of silver and then, bam, it?s out in front of me So I slamon my breaks and stop. Course the
weather?s been perfect so I had my windows down, __he kid khad his window down and I said,
Hey, watch what you?re doing,? I mean, he dang near caused a crash and if I hadn?t been
paying attention or saw that ?ash, I mean I?d a T?boned he was still in front of me and
then he I just glanced in my side mirror and he was stopped in the middle of the
road looking hate?tlly at me and threw his hands up in the I knew it, I?d already
turned around because I was like, maybe he wants to discuss what just happened.

I turned around and then I got back out on the road. He was at the stop Sign whenever I hit the
first speed bump. There?s two of them right there between where I was and where he had
stopped. So anyway, I went over the speed bumps and pulled up behind him and he was still
sitting there at the stop sign. And so I said, ?Hey, did you want to discuss what just happened??
kicks his door open and is holding his door I put my truck in park, I get out and I
said, ?Hey, you pulled out in front of me. I?ve gotL in almost caused a crash.?
So then he turns to me said, ?I?m only I 7 fucking years old.? I was like, ?Okay, I turned
around, I got back in my truck and turned around and drove [away]. 

Keele said he called Mike Boaz after he dropped[ 30H and told him what happened. Boaz
identified the driver and suggested Keele come talk to the driver the following morning at
school. The following morning, Keele went to the school and met with Boaz.

Boaz took Keele to the athletic facility where Boaz asked the secretary to retrieve Tanner
because they needed to talk with him. Keele said, ?Whenever he came in, I had asked him, I
said, 'Hey, do you remember me from last night?? And he had a, a puzzled look on his face, like
he didn?t remember me. And I said, ?Last night, the guy in the red pickup that you pulled out in
front of. And he said, ?Yeah, I remember. And so then he sat down and then he just sat I
said, ?d like to discuss with you what happened last night cause, man that is dangerous, with
the way you were driving, the speeds that you were driving. There?s a, that blind corner, like I
said, from that building coming all the way could end up hurting somebody.?

And so anyway, he [Tanner] was still just hanging his head down like this and wasn?t looking at
me, and I said, ?Hey boy, whenever a man talks to you, look him in the face so I know that you?re
hearing what I?m talking about.? looked up and he ?My ass is tired,? or something
like that, ?cause I?ve been running.? Boaz said, ?Hey, you?re not going to cuss in front of
the write your butt a ticket.? [Tanner] was like, ?Well I?m just thirsty.? And Mike
said, ?There ?s a water fountain right there, go get a drink if you need a drink.? So anyway, he got
up, he went and got a drink, came back, sat down. And I said, ?Hey, as long as we can come to
an understanding that this is not the place to be I?m good with 
if we can?t, go talk to Mr. But if we can come to that understanding, then

I?m good with it. 

 

OIG2014-0409 6

55 .H?l

then looked at me and he was like, ?Yes sir, and I know and I shouldn?t have done it. It just
scared was already running late, I was already mad and just wasn?t paying attention.?
And I was like, Well, man, as long as we can come to the He said, ?Yes
sir, and I apologize and I shouldn?t have done it. And] said, enough. 

Keele said he ?turned around? on Tanner out of habit; then he said he thought Tanner wanted to
discuss what happened. Eventually, Keele admitted Tanner displayed, what Keele felt was, an
unapologetic response; therefore, Keele intentionally turned his vehicle around and accelerated
toward Tanner?s vehicle to confront Tanner. Keele admittedly raised his voice twice, once before
he pursued Tanner, and once after he stopped behind Tanner. Keele said when he got out of his
vehicle, he did not approach Tanner driver?s door, and instead, he stood at Tanner?s back
bumper; however, he did scold Tanner for his driving.

Keele said he asked Tanner if ?he wanted to discuss what just happened when he got out of the
vehicle. When asked if he told Tanner, "Do you have something to say to me?? Keele replied,

?Maybe, I don?t recall. 

The statements Tanner alleged Keele made at the stop sign and during their meeting at the school
were reviewed with Keele. Keele admitted he said either what was alleged or a close variation.
Keele said he did not have the intention to issue Tanner a written warning or citation, and did not
recognize their meeting in the athletic office as a ?detention.? He said Tanner was free to leave
or refuse to speak to him. Overall, Keele said he did not consider his actions threatening or
inflammatory towards Tanner because he just wanted to ?talk to the boy about what happened. 

 

 

 

The statements of those interviewed are fairly consistent, at least, to the degree a proper
classification can be recommended. Keele attempted to mitigate his actions and overstate the
danger Tanner posed to him andL however, the evidence clearly established that
Keele, while off duty, consciously initiated an unnecessary and inflammatory roadside
confrontation with Tanner because he was angry that Tanner displayed an unapologetic response
after pulling out in front of him.

It further established Keele actively participated in removing Tanner from class the following
day, while on duty, to discuss the events from the day prior. Keele stated he had no intention to
issue Tanner a written warning or citation, but simply speak to Tanner about his reckless driving.
One could reasonably argue that Keele drove recklessly in pursuit of Tanner as well, but that did
not appear to register with Keele. It?s concerning that Keele did not recognize the questionable
and inappropriate nature of using his position of authority to seek resolution to a personal

incident.

Keele admitted to referring to Tanner as ?boy? and making statements to Tanner such as, ?Look
at me when I?m talking to you? and, ?I?m not going to take that from a kid, all of which are
demeaning and intimidating, especially to a young person. Keele failed to recognize the
discourteousness of this type of behavior which appears to have stemmed from Keele?s desire to
teach Tanner a lesson, a lesson he would likely not have sought to teach had Tanner not been a

 

7

young person. It is believed Keele exercised his authority over Tanner with disregard for the
courtesy, respect, and poise required of his position.

With regard to whether Keele unlawfully detained Tanner, Keele purported his meeting with
Tanner was voluntary, and Tanner was free to leave at any time. Tanner, however, did not feel he
was free to leave. Given the circumstances surrounding Keele?s meeting with Tanner, it is
reasonable to conclude Tanner was not approached in a manner that would indicate or
communicate to any person, especially a 17 year old high school student, that they were free to
remove themselves from Keele?s implied control.

Although, as a member of our community and as a law enforcement officer, we have an overall
interest in the safety of ourselves and others, we also have a responsibility to conduct ourselves
in a manner befitting the authority we are bestowed. It is believed there is sufficient evidence to
substantiate both allegations.

 

CLASSIFICATION

Allegation I
Sustained

Allegation II
SuStained

Respectfully submitted,



Bonnie K. Moore, Lieutenant
Office of Inspector General



in, We

G. Ayala, Captain

lo?li??i

 

imp

INSPECTURGENERAL


 

RECEIVED
NOV 0 4 2014

 

 

 

 

OIG2014-0409 3 TEXAS HIGHWAY PATROL

 


 



List of Attachments

Complaint Af?davit Personnel Complaint Garrity Warning

. Sworn A?idavit of Tanner Hevron

Sworn Af?davit of Timothy Keele

Sworn Af?davit of James Kain

i.
ii.


iv.

V.

. Map and Pictures of Scene

. Transcription of Nicole Neilson Interview

. Digital Recordings

Tanner Hevron Interview
Timothy Keele Interview
Clint Hildreth Interview
Mike Boaz Interview
Nicole Neilson Interview

i,

TEXAS DEPARTMENT OF PUBLIC SAFETY
Original Personnel Complaint

fl Amended
El Correction

Addendum


September 30, 2014

 

 

 

Compiainant?s full name (print or type) Compiainant?s address: Telephone
No.:
Monica Hevron 516 CR 32200 Sumner, Texas 75486 5303-2724553
Day date of alieged misconduct: Approximate time of alieged act(s) of misconduct:
Tuesday and Wednesday, To be determined by Investigation
September 23 and 24, 2014

 

 

Location where incident occurred:
North Lamar High School in Paris, Texas and surrounding area

 

Telephone

if a person was arrested print or type name of arrested Arrested person's address:
No.:

person:

 

 

 

Indicate relationship of arrested person to complainant:

 

Jammie.?
9

Name or other identifying information relating to the DPS employee against whom the allegation(s) islare being made:

Timothy R. Keele #12439, Trooper, Texas Highway Patrol, Paris, 1005

 

-- Witness or Witnesses (if any) 

 

Name of witness: Address of witness: Telephone No.

To be determined by the investigation.

 

new?

 

Nature of Complaint(s)
Clearly indicate the nature of your compiaint. (Use reverse side of the form if more space is needed.)

Allegation 

I it is alleged, that on September 23, 2014, Trooper Timothy Keele, while off duty, angrily followed and

verbally confronted, 17 year old, Tanner Hevron who purportedly pulled out in front of Keele?s vehicle at
North Lamar High School. it is alleged that Trooper Keele?s actions, demeanor, and verbal statements were

threatening and inflammatory toward Hevron.

It is further alleged that on September 24, 2014, Trooper Keele, returned to the school in uniform and
improperly utilized his position of authority to remove Hevron from class. Keele maintained custody of
Hevron in a school office during which Keele verbally scolded, demeaned, and intimidated Hevron. (See

Attached Complaint Affidavit)

The conduct alleged in Allegation t, if true, is in violation of the following Department of Public Safety
Policies which state in part:

PS General Manual 05.17.00 Courtesy: An employee of the Department of Public Safety shall be courteous

l?to the public and to other employees. An employee shall be tactful in the performance of duties, shall

control behavior, and shall exercise the utmost patience and discretion.

 

C?l

 

 

An employee shall not engage in argumentative discussions even in the face of extreme provocation.

Employees shall not express any prejudice concerning another?s creed, politics, lifestyle or similar personal


i

haracteristics.

DPS General Manual 06.10.01 (2) (7) (10) DPS Ten General Orders: As a member of the department it shall
be my duty:

(2) To practice, at all times, the motto of the department: "Courtesy, Service, Protection."

(7) To conduct my duties in a straightforward, honest, and respectful manner, relying upon poise,
competence, and soundness of character.

(10) To conduct myself, on and off duty, in a manner that merits the voluntary praise of those with whom i
come in contact, so that my actions reflect well upon myself, the department, and the State of Texas.

Allegation ll

It is alleged that on September 24, 2014, Trooper Keele abused his authority by using the authority of his
position to mistreat and detain Hevron without a lawful purpose. (See Attached Complaint Affidavit)

The conduct alleged in Allegation ii, if true, is in violation of the following Department of Public Safety Policies
which state in part:

 

PS General Manual 05.02.04 General Doctrines and Policies: it is a solemn obligation of members of the
Department of Public Safety to uphold the constitutions of the United States and the state of Texas as well as
to enforce the statutory enactments. Constitutional provisions take precedence over statutory enactments. in
the enforcement of the provisions of a statute, personnel of the Department of Public Safety will refrain from

infringing upon any rights or privileges guaranteed by the constitutions.

DPS General Manual 05.10.00 Compliance with Law: Members of the Department of Public Safety are
expected to be an example to the public in abiding by all laws of the United States, this state, and local
jurisdictions. The applicable law: Texas Penal Code, Chapter 39.03 Official Oppression

Texas Penal Code, Chapter 39.03 Official Oppression: A public servant acting under color of his office or
employment commits an offense if he:

(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession,
assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or
immunity, knowing his conduct is unlawful; or

(3) intentionally subjects another to sexual harassment.
For purposes of this section, a public servant acts under color of his office or employment if he acts or

purports to act in an official capacity or takes advantage of such actual or purported capacity.

 

??remen

 

 



 

 

Copy received at 5' a. m. on this __Sge Attached Sworn Affidavit (Complaint)

Employee Signature Date Signature of person initiating C?l Date

 

Respo 
(53/ /0 4-4}

Employee Signature Date Signature of Person making notification Date

You are reminded of your right to respond to the complaint in writing as per General Manual. You may waiVe this provision if you so
desire. If a response has not been received, it will be assumed you chose to waive this provision.

You are further advised to refrain from contacting the complainant or witnesses in any way which might be interpreted as an
attempt to discourage the complainant or witnesses from cooperating with the Department during the complaint investigation.

You are also reminded any employee who is the subject of an administrative complaint investigation shall cooperate fully and
answer all questions posed to them by the investigator during such an investigation. Department employees questioned by a
Department investigator concerning their knowledge of a complaint will fully cooperate and answer truthfully such questions as

outlined in General Manual Chapter 7A.

You are reminded to review the complaint and grievance procedures as found in General Manual Chapter 7A.

 

 

5502.??

 

 

 

AFFIDAVIT .
RECENED
STATE OF em 5 2 9 
mean.
COUNTY OF ft If INSPECTOR
Before me, the undersigned authority in and for the State of WW3 on this day personally
appeared, Mm iIij (H ??tvfim who, after being by me duly sworn, deposed and said:
My name sound mind, 18 years of age or older,

 

and competent to give this af?davit.

On the evenin of September 23, 2014, my son Tanner Hevron pulled out in front of a vehicle with a
man and ion his high school campus. The'vehicle then whipped their truck around accelerating up
to my son?s bumper very quickly, tailgating him. When my son stopped at the stop sign, the other driver
who was very angry got out and approached my son?s vehicle. My son interpreted this as a sign of
aggression and was fearful that this angry man was going to harm him. The angry man was raising his
voice complaining that Tanner pulled out in front of him. Tanner told him, ?Sorry Dude". The man kept
lecturing Tanner. At one point the man said, ?You act like you got something to say to you want
to say something to Tanner thought this man was a lunatic with road rage. Tannertold the man
that he was only seventeen years old, and the man should talk to his father, he used profanity. Tanner
then pulled away. The man did not identify himself as an off-duty officer Keele.

On the morning of September 24, 2014 Tanner was pulled out of class to come to the office of the
athletic building where Trooper Keele was there in his uniform with the school resource officer Boaz.
Trooper Keele was asking him, ?Do you remember me boy??. Trooper Keele was raising his voice,
intimidating, bullying. He referred to my son several times as ?boy?. Trooper Keele was saying ?You
look me in the eyes boy when I?m talking to you?. My son was not told he did not have to speak to the

officer without a parent or an attorney.

Trooper Keele had a personal case of road rage and came the next day and abused the authority of his
badge to intimidate, bully, and belittle a child. Even as an adult, I would have been fearful of someone

who got out of their vehicle and approached me angrily.

I believe that Trooper Keele should have identified himself as an officer at the time of the 
would have de-escalated the entire situation. I believe Trooper Keele should have called an on-duty
officer to speak to Tanner at the time of the incident. Trooper Keele should have followedthe chain of
command and allowed school officials to handle the situation at school. -

It IS my understanding that you should not be part of an investigation that you have a personal
investment in, as it is unethical

State Troopers are charged to uphold the law, not break the law.

ill

 

 

 

Mot/twat REV VOW
9N Mi 33960
Sumo! 15*ng
(1?05. 

I have read the above statement consisting of 2 page(s), which is based on my personal knowledge, and it is

true and correct.
thtiiww

Subscribed and sworn to before me, the undersigned authority, on this the SUD day of Sum 26f

Notary/L7

 

A.D. ?543.; Mj/Mm

a Fl LANCE NORTHAM 
Notary Public I
STATE OF TEXAS 
My 00mm. Exp. 07-17-15 

 

 

 

 

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5358231 =55:

GARRITY WARNING

At this time, I, Bonnie K. Casey?Moore, Texas Department of Public Safety
(Department), am going to ask you questions pertaining to OIG2014-0409.

I am not questioning you for the purpose of any criminal investigation, but only for the
internal, administrative purposes of the Department. Accordingly, you are required and
ordered to answer the questions that I ask you, as provided in the Department?s General
Manual, Section 07.42.01(3) and 07.42.04(5e, 7, 8, and 11b).

During the course of this series of questions, your answers will be given pursuant to the
Department?s policy, as noted above, that requires you, as a condition of continued
employment, to truthfully answer all such questions as may be asked. Since these
responses are required to be made, the Courts have generally held that such statements
may not be used against you in a criminal proceeding arising out of the same factual
situation, because you are compelled to give them. In addition, if your responses lead to
additional information or evidence, the Courts have generally held that such additional
matters are likewise not available for use in any criminal proceeding arising from the

same factual situation.

Since this is an administrative, internal matter, you are required to answer all questions
asked of you; and if you do not answer such questions, disciplinary action may be
instituted against you separate and apart ?om the matter referenced above. You are
reminded of the provisions of the Department?s General Order number 4, which provides
that all employees are required ?To know and obey at all times the US. and state
constitutions, federal and state laws, and lawful orders and instructions.? Department

General Manual Section 06.1 0.01 (4)

DO YOU UNDE TAND WHAT I HAVE IU ST TO 

YES NO Initials 

I, THE UNDERSIGNED, CERTIFY THAT I HAVE RECEIVED AND
UNDERSTOOD THE ABOVE WARNING.

Date: 
Signed

Time: 5?3 7M0nihf/ 

Printed Name

AFFIDAVIT

558-im

STATE new

'1

COUNTY OF 3 WW
Before me, the undersigned authority in and for the State of Egg}; on this day, personally

appeared a Waxy/UN) who, after being by me duly sworn, deposed

and said:

My name is i?years of age and my date of birth is
{Gigi Def/0i?

On the evening of September 23, 2014 as was leaving the athletic facility at my high school campus, I
pulled out in front of a red Nissan truck. The man hoilered something out of his window that I did not
understand. i hit my brakes, and kept going. The man turned his truck around, flew up on my bumper
and tallgated me. When istopped at the stop sign, he hollered something else that I did not
understand. I cracked my door and said, he got out of his truck and approached my vehicle and 
shut my door, my window was down. The man was angry and heated, he was complaining that i pulled
out in front of him, and that he had ]in his truck. He said, "You hit your brakes like you got
something to say to me! You got something you want to say to i told the man that i was 17 
old, you can talk to my dad. lpuiled offin my car.

The man did not identify himself as an off-duty of?cer.

On the morning of September 24, 2015 I was called out of my athletic class to the athletic of?ce.
Trooper Keele was there in his uniform, asking "Do you remember the trooper was still
complaining that I pulled out in front of him the prior evening. The trooper said, ?look me in the eyes
when I'm talking to you, don't you know how to look someone in the eyes when they are talking to
you??, the trooper asked, "Did you sieep last night, boy?i??, "What?s wrong with you?". Trooper Keele
said, "You hit your brakes like you had something to say, l'm not going to take that from a kid?. Trooper
Keele accused me of kicking my car door open, I told him I did NOT kick my door open, he said, ?Yes you
didl". i kept repeating ?Yes Sir" over and over again, he said, ?You are just telling me what i want to
hear", and I said, ?Yes Sir". He threatened to get Mr. Hildreth the principal in the room. I did not feel
free to leave the roon'ii' Of?cer Boaz finally said, "that's enough, he?ll get the point" and sent me back to

class.

 



true and correct.
Emmy Maxi/(3w

Subscribed and sworn to befure me, the undersi ned authority on is the ?Xxduy of ?g 
A.D.

I have read the above statement consisting of pageCs), which is based on my personal knowledge, and it is

?LL/mu M14
Net?ry

     

SUSAN PRICE
New? Public
State 0! Texas

Comm. Exp. 05-15-201? 

 
  
 

 

 



If"

AFFIDAVIT
(for transcriptions)

 

STATE OF 

COUNTY OF Kiwi/r

 

Before me, the undersigned authority in and for the State of (I/C?g/g on this day personally
appeared (7 who, after being by me duly sworn, deposed and
said:

My name is'? {vi/[I . I am of sound mind, 18 years of age or older, and

 

competent to give this af?davit

Attached to this af?davit is a transcription of an interview conducted with me on (date),
consisting of Q2 page(s). I have this date read, reviewed, and initialed said transcription and based on my
personal knowledge it is true and correct, except as noted below.

Additional information and/or corrections I would like to include are: 

I have read the above statement consisting of 4/2 page(s), which is based on my personal knowledge,

and it is true and correct.
7/

Subscri ed and sworn to before me, the undersigned authority, on this the3b day of )C?dcuvv 
A.D. 

 

 

 

WW

BRENDA ADAMS 
i Notary Public

2 a: STATE OF TEXAS
My Comm. Exp. Decemberto, 2017

 

 

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Interview with Trooper Timothy Keele
by Lieutenant Bonnie Moore
October 9, 2014
This is Bonnie Moore, Lieutenant with the Office of Inspector General.
It?s October 9th, 2014, 8:49am, speaking with the accused in 
0409, Trooper Timothy Keele. Good morning Trooper Keele.
Good morning.
You mind if I call you Tim?
Yes, I would appreciate it.
Please call me Bonnie.
Okay,
I?m going to go over the allegations real quick, make sure you don?t
have any questions 
Yes ma'am.
about those. Allegation 1 states that on September 23HH and I?m going
to paraphrase a little bit 
Okay.
you, while off?duty, angrily followed and verbally confronted 17?
year?old Tanner Hevron who purportedly pulled out in front of your
vehicle at North Lamar High School. It?s alleged that Trooper Keele, or
your actions, demeanor and verbal statements were threatening and
inflammatory towards Hevron. Do you have any questions about that
allegation?

I don?t have any questions, I just have comments.

 

 

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Yes. Allegation 2 states it?s alleged that on September 24?? 2014, you

abused your authority by using the authority of your position to
mistreat and detain Hevron without a lawful purpose. And obviously you
received a copy of the original complaint affidavit.

Yes ma?am.

Okay. Because the allegations within the personnel complaint contain a
criminal element to them with regard to if they were true, they may
have violated the law 

Mm hmm.

with regard to official oppression 

Yes ma?am.

I?m going to give you the Garrity Warning.

Okay.

Basically what this states, and you can read it, it states that this is
an administrative investigation and the information obtained will be
used for that purpose.

Yes ma?am.

And for the purposes of the Department, in that interest. Because as an
employee of the Department, you?re compelled to provide me truthful
information regarding this incident which may be incriminating
criminally.

Yes ma?am.

Because it?s compelled, then the courts have held that that information
cannot be used against you in a criminal case.

Okay.

 

 



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Okay?

Yes ma?am.

If you want to, just read that. Indicate your understanding and fill
out the bottom please.

You want my whole name, Timothy, all that?

Just print whatever, yeah.

Okay. What time you got Lieutenant? I got 8:53, is that good?

Uh, yes sir, that?s fine.

Okay.

Alright. How long have you been with 

I graduated September '07.

Okay.

But March ?07 is when I started the academy.

Give me a year on that, give me a, are you Trooper II or 

Yes ma?am.

Okay; And when did you make Trooper 

Oh good lord. Let?s see, ?07, ?08, ?09, 10, 11, 2011, September ?11.
Alright, alright. Did you have any law enforcement experience prior to
that?

No ma?am, I was a cable guy.

You were? Alright. Who'd you work for?

It was Cox, well, now listen I?m, I?ve been my whole life in the cable
business, I guess, before being a trooper.

Okay.

 

 





future at the time, was, ran, what was it called? I

think it was Mission Cable and then they went to something else.

Oh okay.

And so while I was a senior in high school, then, of course, I was
dating ?and so he hooked me up with a guy that was doing
underground construction, just as a contractor on the, you know, for
them. And so then I went to work for them and I've been playing in the
dirt, one way or another, since then, until I came to the Department.
Okay. What, how long have you known Mike Boaz, the officer at Paris 
Oh, I guess, since, ever since I?ve been in Paris, since October of
?07, or thereabouts.

Yeah. Where did you live prior to that?

In Abilene.

Abilene, okay.

Mm hmm.

So you're from Abilene, alright.

That?s where I recruited from and then went to the academy, and then 
Do you like Paris?

Yes. And the reason why I like it is it?s just like my small, little
old hometown.

Right.

It?s a lot bigger. We had one traffic light in my little small town 
Oh okay.

so, I like the small town deal. I like that they shut off the square

and we have Christmas and Thanksgiving and parades and, I love that.

 

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559??

Good.

It?s fun.

Okay good. With regard to Tanner Hevron 
Mm hmm.

I want you to tell me what happened, I want you to start from the
beginning 

Okay.

and be very detailed 

Mm hmm.

and just tell me all the way through, okay?

Okay.

Go ahead.

Starting the day that 

Just start from whatever beginning 

Okay.

you, you have, just 

1
.3 had cheerleading practice and(: thad theater

practice, or drama. 80 I was taking them to the school to, you know,
drop them off at their respective places. I turned the corner there at
Everett is it Everett? I think it's Everett.

I brought some maps that 

I think it?s called Everett.

Okay.

Anyway, I turned right there at Everett going by the learning center

and where the football track's at. So anyway, I turned right there. As

 

?~er

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I?m coming, there?s a big blue building that stretches out, dang near
all the way to the road, right there beside the track. So anyway, as
I?m coming right through there, I went over a couple of speed bumps, I
see a flash of silver and then, bam, it?s out in front of me. So I slam
on my breaks and stop. Course the weather?s been perfect so I had my
windows down, the kid had his window down and I said, ?Hey, watch what
you?re doing,? I mean, he dang near caused a crash and if I hadn?t been
paying attention or saw that flash, I mean I?d a T?boned him.

Right.

So anyway, he?s slowed down, or he was still in front of me and then he
went to the, the lane going away from me, going east. So anyway, I just
glanced in my side mirror and he was stopped in the middle of the road
looking hatefully at me and threw his hands did
something wrong. Before I knew it, I'd already turned around cause I
was like, maybe he wants to discuss what ?ust happened. I mean my
goodness, he almost hit us. So anyway, he took off. So anyway, I turned
around and then I got back out on the road. He was at the stop sign
whenever I hit the first speed bump. There?s two of them right there
between where I was and where he had stopped. So anyway, I went over
the speed bumps and pulled up behind him and he was still sitting there
at the stop sign. And so I said, ?Hey, did you want to discuss what
just happened?? And so anyway, he kicks his door open and is holding
his door open. Well I still had my truck in drive so I put my truck in

park, I get out and I said, ?Hey, you pulled out in front of me. I?ve

 

 

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5552. 11/7

got[? here,? I said, ?you almost caused a crash.? So then he
turns to me and, Lieutenant, he cussed at me. So I?m going to 

No, please, tell me, be, be frank please.

You said be detailed so 

Yes sir.

that?s the reason why I?m saying that.

Yes sir.

So with his door kicked open, now he never got out of the vehicle and I
never approached his vehicle. I mean I?m standing at the front of mine,
kind of offset. And so anyway, he said, ?I?m only 17 fucking years
old.? So anyway I just, I went like this with my hands in the, I was

like, ?Okay,? I turned around, I got back in my truck and turned around

and drove, you know, turned around and went and droppedEi :1

off, went and dropped[? I called Officer Boaz, Mike Boaz,

he?s the SR0, or School Resource Officer, for Lamar, and I said,
?Do you know who drives this truck?? It was a silver truck, had a ski
rack on the top of it, looked like a ski rack, Nissan pickup, four?
door. And he said, ?Yeah, I know who drives that truck.? He said, 
just can't remember the kid?s name right now.? And I said, ?Well let me
tell you what just happened.? And so anyway he said, ?Okay." And so I
told him what happened. He was like, ?You know,? he said, ?that kid
will be in, he?s in athletics in the morning.? He said, ?Why don?t you
come over here in the morning and we'll go talk to him about it. You
know, that he can't drive like that out here with all the kids and the

afterschool activities and that sort of thing. It?s going to end up

 



,prcausing a problem.? And so I said, ?Okay, sounds good.? So anyway, the
next morning, I, I went up to the school house, I called Mike and he
said, ?I?ll be right there.? And, so, Mike came over there, I met with
him in the parking lot and we were talking, you know, just BS?ing. And
so he said, ?Okay, let?s go talk to him.? And I said, ?Okay.? And, so
anyway, I checked out with the county and just said, ?I?ll be out
assisting Paris PD at the high school.? And so anyway we went inside
and Mike talked to the secretary, which I don't recall her name, and
said, Mike said, ?We need to talk to Tanner Hevron.? And, so anyway,
the secretary got up and she went out the east end of the building, and
was gone for a little bit. And then came back and Tanner came in there.
And he was sitting there, sat down in the chair and he was sitting here
kind of like looking down like this. Or no, I take that back, I'm
sorry. He didn?t, whenever he came in, I had asked him, I said, ?Hey,
do you remember me from last night?? And he had a, a puzzled look on
his face, like he didn?t remember me. And I said, ?Last night, the guy
in the red pickup that you pulled out in front of.? And he said, he
said, ?Yeah, I remember.? And so then he sat down and then he just sat
there kind of like this. And I said, I said, ?I'd like to discuss with
you what happened last night cause, man, that is dangerous, with the
way you were driving, the speeds that you were driving. There?s a, that
blind corner,? like I said, ?from that building coming all the way
out." And I said, ?You could end up hurting somebody." I said, ?There?s
kids out here after school, there?s moms walking on the track, you know

what I mean, kids playing tennis, afterschool activities, and that sort

 

 

 

.n??xmk
thing.? I said, ?Man, that could be a problem.? I said, ?You?ll end
up hurting yourself or somebody else, you know what I mean, by doing
what you're doing.? And so anyway, he, he was still just hanging his
head down like this and, and wasn?t looking at me, and I said, ?Hey
boy, whenever a man talks to you, look him in the face so I know that
you?re hearing what I?m talking about.? And so anyway, then he looked
up and he said, and I'm trying to remember how he said it, but it was
something to the effect of, ?My ass is tired,? or something like that,
?cause I've been running.? And, so then Mike Boaz said, ?Hey, you?re
not going to cuss in front of,? the secretary.? He said, ?I'll write
your butt a ticket.? And so, anyway, he was like, ?Well I?m just
thirsty.? And Mike said, ?There?s a water fountain right there, go get
a drink if you need a drink.? So anyway, he got up, he went and got a
drink, came back, sat down. And I said, ?Hey, if, as long as we can
come to an understanding that this is not the place to be driving like
that, recklessly, for all the reasons I?ve already talked about,? I
said, ?then I?m good with it.? And I said, ?But if, if we can't, then,?
I said, ?you know, Officer Boaz had told me about," the principle has
the authority or whatever in their handbook to suspend them from
driving on campus.? And I said, ?If we can?t come to that
understanding, then I'll go talk to Mr. Hildreth about the way you were
driving and that sort of thing, and see what he thinks about it. And,
and if he suspends your license, or, you know, your driving privileges
from out here.? I said, ?But if we can come to that understanding, then

I?m good with it.? And so anyway, he, he?s, he then looked at me and he

 

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5621?

was like, ?Yes sir, and I know and I shouldn?t have done it. It just
scared me.? And I said, ?Hey, it scared me too. I mean, man, there you
are right out in front of me.? And so anyway I said, ?I?ve got[; i)
in there and all that stuff," and I said, ?Not only that but I don?t
want to be in a crash.? And he was like, ?Yes sir,? he was like, was
already running late, I was already mad and just wasn?t paying
attention.? And I was like, ?Okay.? I said, ?Well, man, as long as we
can come to the understanding that we can?t drive like that out here
with all these kids and stuff, then I?m good with it.? And so anyway he
said, ?Yes sir, and I apologize and I shouldn?t have done it.? And I
said, ?Okay, good to, good enough,? you know. And, so anyway, then he,
then Tanner left well, right before Tanner left, then Coach Welch
came in. And I think Coach Billings was in his office but it's around
the corner from the secretary?s office. I don?t know, I don?t recall
when he came in cause I was looking this way and his office is over
there. I do know that at the end of it, whenever Tanner had left, then
that?s whenever Coach Billings had kind, had, you know, that?s whenever
I noticed him. And, so anyway, Coach Welch asked me, he said, ?Well
what do you want me to do to him?? And I said, ?Coach, I?m satisfied.
He, he said that he understood and that he?s not going to drive like
that anymore," and whatever. And I was like, ?So I?m good.? And so
anyway he said, ?Okay.? And so then me and Mike left.

What did Mike tell him to do to him?

Like tell him to do what?

Did Mike tell him to do anything to Tanner?

10

 

don?t think so. I wasn?t there for it if he did.

Okay, alright. What is the speed limit right there where you were? As a
matter of fact, let?s, let?s look on this map 

Okay.

to try and identify where you were just for my understanding. Here is
the high school. Let's see -

That?s, okay, there?s Stillhouse.

Here?s the high school.

Okay, here we are. We're right, this is that blue building I was
talking 

Mm hmm.

You, you want me to mark on it or no?

Uh, you can. Just don?t make it too messy.

Okay.

Okay.

Right here I'll just point it out and then we can mark on it if you
want.

Okay.

This right here is the blue building I'm talking about here, here's the
circle track.

Uh huh.

Here's the, Everett Elementary.

Okay.

This right here is where I was coming and went this way. This right

here is the stop sign I'm talking about that he was stopped at. There?s

ll

 

speed bump and, of course it?s like right here and like right there.
I?m pretty sure those are two. And so anyway I just came over this
speed bump whenever he came from somewhere right here, I mean, like I
said, it was just a flash and then, bam, he was out in front of me.
Okay.

So anyway, he stopped right about here and right about there is where I
turned around.

Okay. He was coming out here?

Yes ma?am.

And let?s say that speed bump was right along in here?

Uh, there pretty Close.

Speed bump, and then the other one was here?

Mm hmm, yes ma?am.

Okay.

And then there?s the stop sign that he was stopped at.

And do you think that those speed bumps are like right before, it looks
like an intersection.

Yes ma'am.

Okay, yeah, okay. So you were traveling this way and he was traveling
that way.

Yeah, he came out of the parking lot and was going this way, and, back
towards Stillhouse, and then, you know, of course I was going here,
right over here is where Cheer practice is at.

Mm hmm.

And then right over here is where drama?s at, so.

12

 



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Okay.
You know, I mean I was going that way.

J-.1.

And, now did you ever tell me what the speed limit is right here?
It?s l5, there?s a sign posted 15.

Okay. How fast do you think you were going?

Me, since I?d just went over that speed bump, 10 maybe.

Okay.

I mean cause, you know, I had just started accelerating, you know,

going over the speed bumps and then had started accelerating back up.

Okay. And you said 
Mm hmm,(; :1

And who, who else?

Mm hmm.

Those are good ages.
Well and then my[j?
January.

Is that scary for you?

13

 

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5531'?

Good lord. That, and then trying to find a truck 

That you can afford?

truck. Not necessarily afford, but you know, you know as well as I do
i 3

Right.

you?re an idiot. And you drive, you know what I mean, your buddies
get in there. And so anywaygE? :llike, ?We need to buy him
something dependable like around $10,000." I was like, ?Woman, he?s

going to wreck the truck. I mean, let?s buy him a beater and then buy



him something, and then we can 
Let him get through his accidents and then 
Let him get through his stupidity, you know what I mean?

Yeah.

And I said, ?And then with the beater truck, if it?s still running

.1
after him, it survives him, then[' ?Fan have 

Oh okay.

And so anyway I was like, ?Then we?ll demote that to[~ ?1and then

we?ll buy him something,? you know.

Yeah.

And so, I'm fighting a losing battle I?m afraid but 

Well 

that?s what we?re shooting for, or that?s what I?m shooting for

anyway.

Ever, I think every family encounters that, that argument.

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.117

But you know, I was 16, I did stupid stuff, you know what I mean. I ran

around a corner and hit a, hit a stop sign and, and messed up my truck

and thank goodness it was still drivable, but You know, that?s what I
?1

was telling[: ??nd I said, ?Did you have a wreck when you were

16?? And she said, ?Yeah, I backed into a pole in a parking lot,? you

know. And I was like, ?There you go, so why are you wanting to buy this

boy a $10,000 truck,? you know.

Yeah, understandable.

Okay.

80 

Anyway, sorry.

when you, when you were coming down this way 

Mm hmm.

did you, you were traveling along the roadway at about 10 

Mm hmm.

and you saw him come out. When he, when you stopped to avoid hitting
him, did he stop too?

Almost came to a stop and then he 

Then he 

a you know what I mean?

cause then he 

Then he finished on his turn.

cause when he saw you, he kind of flipped on around.

Yeah, yeah.

15

 

 

mean, do you think he did that on purpose or do you think it was just
an accident, he didn?t, he didn't see you?

Oh no doubt I don?t think he saw me.

Okay.

I don?t think he did it on purpose at all.

Okay, alright.

I mean, he was just, wasn?t driving with due care on 

Right.

with all that going on.

Why did you turn around on him?

To be honest with you, I think it was just instinct. I do it every day,
you know what I mean? And I know I wasn?t in my patrol car but before I
knew it, I?d already turned around. And so anyway, I was like, maybe he
wants to cause like I said, whenever he stopped in the middle of the
road I thought, and he threw his hands up, I was like well maybe he
wants to discuss what happened. So I mean, that?s why I turned around.
And at no time did I ever yell at him, holler at him, scream at him,
jump up and down, act like a wild man. I mean 

Well 

none of that. You know 

Right, well let?s go back to 

Okay.

when it first happened.

Mm hmm.

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55,2111
So he pulled out in front of you, it surprised both of you, both of you
basically 
No doubt about it.
stopped.
Yeah.
You said something to him out the window 
Mm hmm.
?Hey, look out.?
Watch what you?re doing, yeah.
Okay. So you saw at that point he was, he was a minor, basically 
I mean, young kid, yeah.
by} by, by looking, yeah.
Young kid, probably so.
You knew it was probably a student of the school. And I get that, that
you turn around on cars every day.
Sure.

I have to tell you though, Tim, that's not selling with me.

Okay.

I mean, I mean, it looks to me that you were upset, not only by what he
did 

Mm hmm.

and the danger you feel like he put you in andtl :Bin 
Sure.

but by his seemingly unapologetic response 

Right, like he didn?t care.

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55? 

Right.

Right.

It, it, for me, looking from the outside in, and hey, I?m, I?m just
being reasonable here.

Sure.

1'

You know, I?ve been there. I, I?ve been a driver, you know, I?ve hadL
Jin my car. I?ve had people do stupid things.

Mm hmm.

And it?s upsetting. And it doesn?t seem like you just did that without
even thinking. You had an intent about, by turning around to talk to
him. Would I be 

To talk to him, yes m?am.

would I be right?

To talk to him, yes ma?am.

Okay. So, when he, when he, he's saying that you sped up to get behind
him at the stop sign.

Well I mean 

So when you turned around 

Uh huh.

you sped up to get to him in order to talk to him. Would that be an
accurate depiction?

Well yes ma?am, I mean I did turn around and 

Okay.

accelerate to get over there to him.

Okay.

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Yeah.

And 

But like I said, there?s those two 

And he said that 

speed bumps there, you know, I mean 

Right, no I understand that.

Yeah.

And I?m not trying to Listen. I?ve been there.
Yeah.

I understand. I?m just trying to make sure I, I can explain every step,
okay?

Yes ma?am.

When you pulled up behind him 

Mm hmm.

the way he explained it to me, and he even got in his vehicle and
showed me. He said he opened the door and, and did this when, when you
pulled up behind him and you said something else, he said couldn't 
which is consistent with what you said.

Yeah.

That you said something to him from your vehicle.

Yes ma?am.
He said he couldn't understand what you said, he just knew you, you
know, you yelled something at him. He said he opened the door and

looked back like this, and said, ?Sir,? and that's when you put the car

19

 




park and got out. And he said he closed the door and you were
talking to him through his window, would that be consistent?

He, no ma?am, he never closed his door. He still had it open.

Okay.

The whole time.

Alright, okay.

And then, like I said, whenever he said, ?I?m only 17 f'ing years old,?
then I was like, there's going to be no discussing it with him.

Right.

So that?s whenever I just said, okay, never mind.

Do you think he was scared when you got out of your car?

No ma?am, I don?t. Not with the use of his words, I don?t think so.
Okay. In that situation, do you think that was the most appropriate way
to respond to what happened?

Probably not, looking at it now.

Okay.

Especially with all this. I mean, like I said, I wanted to talk to the
boy about safety and about why he couldn?t do that out here, driving
like that. You know what I mean? I mean, but, you know.

And, and I, and I get that, you keep using words like safety 

Mm hmm.

driving in a dangerous manner.

Mm hmm.

Do you know what the stopping distance for 10 miles an hour is?

I used to. Because of Level II, but I can?t recall what it is.

20

 

 

 

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Alright. figured it up for 15 miles an hour.

Okay.

It was 24 feet.

Okay.

At 10 miles an hour, obviously it?s going to decrease.
Sure.

Okay? Obviously there?s a blind spot there 

Sure.

but as you pointed out, there are two speed bumps.
Yes ma?am.

There?s a speed bump right before 

Mm hmm.

y?all?s encounter.

Yes ma?am.

Which would actually decrease you even further, maybe 
Sure.

5 miles an hour 

I mean, like I said, I wasn't looking at it 

I

at a crawl.

yeah.

Right. 30 I understand that he pulled out in front of you without maybe
you expecting it.

Sure.

But at that rate of speed, it doesn't seem that egregious to me. While

he did do something wrong 

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Sure.

it doesn?t seem, that the crime doesn?t necessarily seem to fit the
response.

To talk to him?

Well, yes.

Oh. I, I just wanted to discuss it with him and that's it.

Okay. But when somebody pulls out in front of you, do you commonly yell
at them aft, out your window? I mean 

Well and I didn't even yell, I mean, cause we were, we were side by
side almost and I just said, ?Hey, watch what you?re doing, my
goodness.?

Okay.

You know.

So you're not, you didn?t raise your voice at all.

I, I?m pretty sure I did not, no ma?am.

Okay. The thing about it is, is that, look, I understand the situation,
I understand that we do things at times that we look back on and think,
well, you know, maybe I should have done that better.

Sure.

The, the problem I?m having is, it appears that you're trying to and
I don't know that you?re doing this intentionally 

Okay.

I think you're doing it more in trying to defend yourself. But it?s

like his actions are getting exaggerated and your actions are getting

minimized.

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Okay.

When you, when you encounter something like and it upsets you and it
scares you -

Mm hmm.

you?re going to have an emotional response and 

Sure.

you?re not going to talk calmly like you and I are talking here.
Oh, if you?re asking me 

And when you yell out your window 

did I totally 

at somebody 

Sure.

you?re not going to be, ?Hey, could you stop, could you stop pulling
out in front of me 

Right, hey, buddy 
and endangering - 
No, yeah, I hear ya.

It?s going to be, ?Hey 
Watch what you're doing.

watch what you're doing!?

I mean sure.

And so for you to sit here and say, well no I didn?t raise my voice,

that, that seems a little unreasonable to me, Tim. I mean 

Okay.

you know what I?m saying?

23

 



 

 

 



(af?nl?mean, I, I know exactly 

Do you see where I?m coming from?

what you're saying.

Okay.

Was it raised because of, in the vehicles and whatever? It may have
been, you know what I mean, but I didn't feel like I was, you know,
screaming on the mountain, you know what I mean?

Right.

I was just like, ?Hey, watch what you?re doing, my goodness,? you know.
I mean, that, that was it.

Right, yeah, I get it, I get it. Okay. Obviously he felt, he felt
scared of you when you pulled up behind him. He, he felt, felt scared
of you.

Okay.

I think that?s a, a, probably a normal response for a 17 year old,
regardless of how arrogant they may be perceived to be.

Sure.

It, in the statements that you?ve made, I have the understanding that
you, you didn't feel like you were, you posed a threat to him at all
because inside you knew, ?I'm not a threat to him.?

Yeah, exactly.

Correct?

Yeah.

24

 

?Kenn?,

Zgunswould have perceived a threat from an adult male
getting out of their vehicle that was a little bit upset that, by what
he had done?

I, I could see both sides of it, yes ma?am.

Okay, alright.

But like I said, whenever he said what he said, you know what I mean, I
was like, well obviously there?s going to be no talking to this kid.
Right.

80 that?s the reason why I just left.

Okay. Why did you not identify yourself at that time as an officer?
Whenever he said what he said, I knew that there was going to be no,
and so that?s the reason why I just turned around and left.

Okay. You recognized, this isn?t a situation I want to be in 
Absolutely.

Okay.

I mean, cause I was like, he?s not going to hear anything I had to say
so I?m just going to go.

One of the things that is alleged is that, one of the things while
y?all were stopped at the stop Sign is, you said something about, ?You
acted like you had something to say to me, do you have something to say
to me?? Do, did you, do you remember saying something like that?

I asked him if he wanted to discuss what just happened.

Are those the exact words you used?

Yes ma'am, it was.

25

 

 

 

vrl?m?-?rx.

Jr'??w?you didn't ever say, ?You hit your brakes like you have something to
say to me. Do you have something to say, do you have something to say
to me??

Maybe, I don?t recall. I don't recall that Like I said, whenever, I
mean a well hang on. I said, ?Hey, do you want to discuss what just
happened?? And that?s whenever he kicked his door open, that?s whenever
I put my truck in park and got out.

I mean obviously you thought he was 

I thought he was jumping out of 



antagonistic to some degree 

I thought he was jumping out is what I thought.

Right. The, the question is, I mean, obviously he had already upset you
and he did not respond in the way that you really expected someone to
have some deference at that point, when they have made a mistake like
that, you know; And it appears you took issue with how, I mean you?ve
stated, you took issue with how he responded when it first happened.
Sure.

So, I mean, what he?s saying sounds credible to me. I just need you to
tell me is that something that you said. Did you say, ?You hit your
brakes like you want to say something to me, do you have something to
say to me??

I don?t recall the brakes thing. I mean I know that since he was
looking at me hateful and threw his hands in the air, I said, ?It

seemed like you had something you wanted to say,? or 

Okay.

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?Did you want to discuss what we, you know, what just happened.?
Okay, alright.

80.



So that night, or following that, did you go on and takei; ?Jto
their 

Yes ma?am.

events?

Mm hmm.

And then, I?m assuming, at what point did you call Mike Boaz?
I dropped[? :3 off and then I went and dropped[_ ?Jgff. I saw
Mike?s patrol car 

Okay.

Or well, I saw a patrol car. I just assumed that it was Mike's. So

anyway, whenever I got back over to, cause I just had to drop him off

'1 
and he would go until 9, 9 or 9:30,[ ButE Jwas over

at 7. So of course I dropped him off and then turned around and drove
back over here. Whenever I got back over here, that?s whenever I called
Mike.

Okay. And, you said that you told him what happened.

Yes ma?am.

And you asked him to identify the driver of the vehicle.

I just said, ?Do you know who drives that vehicle? You know who that
is??

And he said, ?Yes, I think I do.?

Mm hmm, yes ma'am.

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Did you, in your, in your statement before, you indicated that he
invited you to the school the following morning.

Yes ma?am.

Okay, are you sure you didn?t say, ?I?m going to come to the school in
the morning and talk to him?" That you didn?t just kind of make a
statement and say, ?No, I'm going to come up there. Could you help me
get 

I don?t think so.

in contact with him??

I don?t think so.

Okay.

I mean I?m pretty sure, because Mike even told me, he said, ?Maybe if
he sees you, they deal with me every day. Maybe if, if you're there,
then he?ll take it more serious and slow down.?

Okay.

So I was like, ?Okay.?

When you went up to the school the following morning, what was your
intent?

My intent was to discuss with him what just happened, or what had
happened the night before and to make sure that he knew that, why he
drive that was because of the dangerousness of it and the
other kids and whatever running around out there.

Did you plan to give him a warning or a citation?

NO ma'am.

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Okay. When you got there and y?all pulled him out of athletics, he,
he?s stating that, or, or his, his mom stated that you used the term
?boy? several times. Can you speak to that?

Yeah.

Did you call him boy several times?

I, well I don?t know several times. I probably did a couple of times,
yes ma?am.

Like, ?Did you sleep last night, boy? What?s wrong with you??

Oh, I don?t know ma?am. I mean I did say, ?Hey boy, look at me whenever
I?m talking to you, when a man talks to you, look him in the face,? you

know.

He says that when, that you accused him of kicking his door open 

Yes ma'am.

and he said, ?No I didn't kick my door open,? and you, you know, you
said, ?Yes you did.? He said he just kept saying, ?Yes sir, yes sir,?
and you basically were, said to him, ?You?re just telling me what I
want to hear,? do you remember that?

Yes ma?am.

Okay. Did you, do you remember saying to him, ?You hit your brakes like
you had something to say, and I?m not going to take that from a kid??

I don?t recall saying that, I may, but I may have.

You know, if he said, if you said something to that effect, just 

I mean 

you know, say it.

probably Some variation of that.

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Okay.

I don't recall saying, ?You hitting your brakes.? I remember saying,
?Looking at me hateful and throwing your hands up in the air, it seemed
like you had something to say,? or, I mean something like that.

Did you tell him, ?I?m not going to take that from a kid??

Probably.

Okay.

I think I said 

Do you know 

won?t take that disrespect from a kid,? or something like that.
Okay. Was Tanner free to leave?
Yes ma?am, he could have went back to class I guess.

You guess?

I mean I don?t know that he was free to leave the campus, you know.

Was he free to leave your meeting?

Yes ma?am. I mean, that's, you know, he went and got a drink, he could
have just, he could have just went whenever, wherever, you know.
You felt, okay let me ask you this.

Mm hmm.

He was called in from athletics.

Yes ma'am.

Could you draw the just on the bottom of this 

Okay.

Can you draw the room y?all were in and the location of, of each one of

you that were in the room?

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Uh, let's see. Excuse my drawing abilities.

That's okay.
This right here?s the door.
Okay.

And this right here?s the door that goes to Mr. Billing's office.

Okay.

Here?s the secretary?s desk, there was a Chair there and a chair there.

I was standing right here and Mike Boaz was sitting right, standing
right there, and the secretary was right there and he was right there.
Okay. Alright. So 

And then the 

this was Tanner, I?m just going to 

Yes ma?am.

Go ahead, I?m sorry.

Oh, I was just going to say, this is a big bay window right here.
Okay.

And then the water fountains are like right over here?ish -

Okay.

you know what I mean?

Yeah, yeah.

So And then that?s a hallway out there.

Tanner.

Uh huh.

Keele.

Boaz.

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Boaz. And -

And then the secretary.

and then 

I still don?t know what that woman?s name is.
Nicole Nielsen.

Middleson?

Nielson.

Nielsen.

Yeah, like Nielson ratings.

Yeah. Liam Nielsen.

Yeah. So, he was sitting here 

Yes ma?am.

and he was standing here and you were standing there 
Yes ma'am.

and she was sitting behind her desk.

Mm hmm.

And he went, did he come in this door or did he come in that door?
Uh, I think this is just the coach?s office.

Okay.

I don?t know that he, I don?t know that he even has a, I mean I?m sure

he probably does have a door but That, that?s the coach?s office; He

came through this door right here.
Okay. Okay, alright. So, he came in, he sat down, y'all started

talking. He indicated, need to get something to drink."

Yes ma?am.

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You said, ?Go get you something to drink, come back.? Or Boaz said that
that?s what was said to him, ?Go get you a drink and come back.?

Okay.

Would that be accurate?

YES ma? am.

Okay. He comes back, y?all are talking. I mean, look, and again, I know
these questions are hard to get because it seems like you?re being
questioned. And you are being questioned 

Yes ma'am.

to some extent. Not because of, I have the opinion that you were

wrong but more so to make sure I have exaotly what happened.

Yes ma?am.

Okay? And I know that can be hard in your shoes, and I, and I apologize
that it?s like but I just need you try and be as honest as you can,
genuine as you can. And you have been, okay?

I mean, you know 

But 

I was fixin? to say, I mean 

I mean obviously you?re, you?re getting on him, okay?

Sure, sure, sure.

You?re getting on him.

Sure.

You?re trying to, trying to make him see that, the error of his ways.

Yes ma'am.

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When you ask a 17 year old high school student to come into an office
and there?s two armed police officers in that office, how reasonable is
it that that student is going to believe they can get up and walk out
at any time?

I really couldn?t answer that. I don?t know, Lieutenant.

Okay. Well, because I don?t, I don't think that?s a very reasonable
expectation.

Okay.

I mean, you have a lot authority.

Sure.

You?re dealing with, not by law but by all reasonable standards, a
juvenile 

Mm hmm.

I just kind of wanted to hear you speak to that. I mean 

I mean, could he have said, ?Screw you, I?m not talking to you,? yes
ma'am, I feel he could. Did he do that? No ma?am, he did not.

And had he done that, what would you have done?

I would have went and talked to Mr. Hildreth about what happened the
night before, and then leave it with him. Mr. Hildreth will be the, the
high school principle.

But didn?t you say you were going to bring Mr. Hildreth into that
office?

No ma?am. I said I would go talk to Mr. Hildreth.

You didn?t say, ?We?ll get Mr. Hildreth down here 

No ma?am.

34

 

 

and see what he thinks??
No ma?am.

Okay.

I do recall saying that, ?I?ll go talk to Mr. Hildreth.? You know, like
I told him, I said, ?As long as we can come to the understanding that,
you know, it?s dangerous to do that and we?re not going to drive like
that again out here, I?m good with it,? you know.

By all, by all legal standards 

Yes ma?am.

Tanner was detained.

Okay.

Okay? When you, when a school official takes a kid into a room to
discuss a disciplinary issue with them -

Sure.

they don't have the power or authority that law enforcement has.
Okay.

Do you, you said okay. Do you understand that that's, that's the truth?
Uh, I mean, I just hear what you're saying, yes ma'am.

Okay; Do you know what a lawful detention is?

Uh, not the definition, no ma?am.

What, what?s the legal requirement to make a lawful detention, do you
know that?

I?m sure I do, I'm just nervous.

That's okay.

Um -

35

 

 

. 



you want to take a break? We can take a break for a minute?

I don?t know.

Okay.

I just want to get this over with.

I know, and I?m not trying to upset you.

I know.

And I know you?re 

Oh, no, no, and I?m not upset. Oh, I can't think of it, I don?t know.
Okay, alright.

A lawful detention would be, I guess a police officer telling someone
to come here I don't know. Is that close?

Well you have to have probable cause 

Okay.

that an offense has been committed.

Okay.

Right?

Right.

We can?t just go in and take custody of somebody, or detain somebody a
Oh sure.

from 

Sure.

from being able to move around at will 

Right.

just for the sake of 

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That would be a voluntary, meeting somebody on the, voluntary oh what
the hell 

Encounter.

Encounter!

Right.

Just trying to find it, couldn?t 

Right. But it, by all senses of the word, Tanner was detained.
Okay.

And it appears that he was detained because y?all had a desire, you
specifically, and Officer Boaz probably too, to talk to him about
driving safely.

Yes ma'am.

Do you understand that legally as a police officer, that probably
doesnft fall within your authority?

Okay. I do now.

Okay. Okay. Did you ever tell, during your discussion with Tanner, did
you ever tell him, you know, ?You can?t act like that on the road, you
know, people carry guns. You could get hurt doing stuff like that??

No ma?am.

Okay. Is there anything else that you want to provide, any other
information you feel like I haven?t asked you about? I mean, I?ve been
pretty thorough.

Sure.

37

 

meanthere information that I haven't asked you about, or a statement
that you want to make that you haven?t been given an opportunity to, to
make?

No ma?am, I think I, I mean 

Okay.

I think we?ve been through it all.

Okay. I want to move to, we?re still going to be talking about the
allegation but it?s a little bit different. When I talked to Sergeant
Kain, I had some concerns about his impression of what you told him.

Mm hmm.

He states that you indicated that you merely, that, you only told him
about the, when you and Tanner exchanged, him a look and you a, ?Hey,
look out what you?re doing,? 

Mm hmm.

right here where the incident happened. Right when y?all first had
your first encounter and he pulled out in front of you and stopped, and
you said, ?Hey man, you need to be careful,? right?

Sure.

And Tanner didn?t give you the most respectful response and he drove

off.

Mm hmm.

Why didn?t you tell the sergeant that you turned around and stopped him

at the stop sign?

Oh, I didn?t stop him, I mean he was already there stopped. You know

what I mean?

38

 

 

 

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Yeah, but I think we?re mincing words. I mean you turned around 

Sure.

cause you were headed down to stop him. And had there not been a stop
sign, you would have encountered him somewhere.

Oh no ma?am, if you're asking was I going to chase him down, I went
back to go see what kind of vehicle it was for sure so I could talk to
Boaz about it.

Okay.

Um, and I don?t remember if I told him about this or not. I, I really
don?t recall. I just remember me telling him about the incident and
that me and Mike had talked to the boy the next, you know, that
morning.

Okay. The sergeant recalled that you, he recalled you telling him that
you had spoke to Officer Boaz the following morning but not that night.
That basically you just called him the following morning and told Boaz
about it. Did you tell him that you called him the next day or did you
tell him about calling him that night?

I?m pretty sure I told him about both.

Okay.

Yeah, cause when, well I mean whenever I told him about the incident, I
said that's whenever I called Mike and Mike said, you know, come on up
here and we?ll talk to the boy about it. And 

Okay.

SO.

Can you sign and date that for me?

39

 

 

 

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Yes ma'am.

Both, both of these.

Okay.

Obviously we?ve established that, we?ve established what, what
happened.

Yes ma?am.

There, there?s very little difference between what you say happened and
what Tanner says happened.

Okay.

The difference, the primary difference is the perspective by which
you?re coming from 

Sure.

obviously. He, obviously, viewed your actions and your demeanor and
your verbal statements to him when the accident almost happened, when
he pulled out in front of you, as threatening and inflammatory. How
would you consider those, what your actions and your demeanor and your
statements?

I wouldn?t consider it anything like that. Like I said, I wanted to
talk, did I want to talk to the boy about what happened? Yes.

Would you do it again?

Uh, not since all this happened, no ma?am. Um, I didn?t, at the time, I
sure didn?t feel like 

What made you think you could do it the first time, I guess? What, what

made you think that was okay?

40

 

 

min-m

fromhonestly thought he wanted to talk about what happened. I honestly
did. I, I wouldn?t have, I wouldn?t have approached him any other way.
And I thought, you know what, if we can squash this right here, then
it's a done deal, you know what I mean?

Mm hmm.

And that, that was it.

Okay. I?m having trouble with, um, I hear what youlre saying.

Mm hmm.

And, but I also know that we've already established that, you know, it
scared you, you were upset.

Sure.

You certainly didn?t like the way he responded to you right away.
Sure.

And, I mean you?ve said earlier in the interview, you had intent to
talk to him.

Sure.

You were going to turn around, you were going to go talk to him.

Yes ma?am.

And I, and I think that, yeah, okay, he looked like he wanted to talk
to you. I don?t think that?s, I don?t know that I believe that.

Okay.

I mean, I?ll tell you why.

Okay.

I mean when you turn around and you?re, you're headed, you?ve, you?ve

accelerated, you have intent, you?re driving with intent to catch up

41

 

 

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with this, this kid and he?s driving away, I mean obviously he had to,
he had to stop at the stop sign and, you know But to think that your
actions, that action alone 

Mm hmm.

- an adult yelling out the window, and then turning around and
accelerating towards your vehicle isn?t threatening, it?s somewhat
surprising to me that you could not see that that would be threatening
to a juvenile, or an adult for that matter, anyone. I know it would be
threatening to me. I would think what are they going to do?

Sure.

Do you agree?

Yes ma?am, I do.

I don?t have any additional questions. Do you have any additional
comments or any questions for me, anything that you'd like to say that
you want me to report on? Any, anything?

No ma?am.

Okay. Alright, thank you.

42

 

AFFIDAVIT

STATE OF TEXAS 559\ in

COUNTY OF __Lamar

Before me, the undersigned authority in and for the State of Texas, on this day personally

 

appeared, James A. Kgig, Sergeant who, after being by me duly sworn, deposed and
said:
My name is James A. Kain . I am of sound mind, 18 years of age or older,

 

and competent to give this af?davit.

On September 24, 2014. Trooper Tim Kaela came into the sergeants? office at the Paris DPS
of?ce. Trooper Kaela advise that he wanted to give me a "heads up" on a possible complaint.
I advised him and asked what it was in reference too. reaper Kaela stated that the day
before. September 23. 2014. while off-duty. he was pickini up or dropping them off
from North Lamar School. i can?t recall which he said. Trooper Kaela stated that a male
subject was driving reckless in one of the parking lots exiting on to the road in front of him.
causing him to take evasive action to avoid a crash. Trooper Kaela stated that the driver of
the other unit and him had interaction. Trooper Kaela stated at ?no" time did he identify
himself as a peace officer. Trooper Kaela stated that he advised the driver he needed to be
more cautious due to children walking and other traf?c in the area on school property. Trooper
Kaela stated that the driver opened his door leaned out. looking back and stated that he was
"I'm Fucking 17 years old and could do what he wanted". They parted ways. Trooper Kaela
stated that the next day, September 24. 2014. while on duty he went to the North Lamar
School to speak with Officer Mike Baez. School Resource Officer.

Trooper Kaela stated he advised Officer Boaz of the incident and what he had observed.
giving a description of the vehicle. Trooper Kaela stated that Of?cer Boaz recalled who the
vehicle belonged too. Officer Bcaz than stated that they could go pull the driver out of
athletics and talk with him. Trooper Kaela followed Of?cer Boaz to the location of the driver.
Stated that Officer Boaz, Trooper Kaela and a coach was present while talking to the driver. I
do not recall the name of the driver identified. Trooper Kaela stated that the driver started
having an attitude, and than either the coach or officer Baez corrected him. I do not recall
which. Trooper Kaela stated he just talked to the driver about responsibility of driving and
explaining to him what could possible go wrong if he had an accident. Trooper Kaela stated he
then left, stated that the driver had explained he understood. Trooper Kaela stated that Of?cer
Boaz had stated that the kids see him every day and sometimes they will listen to a different
officer. Trooper Kaela stated that later that day. Officer Boa: contacted him stated that the
mother of the driver was upset and wanted to file a complaint. Trooper Kaela then came to
office and advised me of the incident. I received a message at the office from the mother, but
i was on a border assignment. After returning I was contacted and advised of the BIG
investigation. After returning I attempted to call the complainant back. get a voice mail and
left a message. I have not talked to any party involved other than Trooper Kaela.

I have read the above statement consisting of 2? page(s), is based on my personal knowledge, and it is
true and correct.

 

 

 

Subscribed and sworn to before me, the undersigned authority, on this the 5611:1133: of @6249
AD. 303% .

 

comm auz uma . 
NDTAFIY PUBLIC Notary
STATE OF rams
MY COMM. EXP. 512911?

NOTARY WITHOUT BOND

  
   

 

     


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Telephonic Interview with Nicole Neilson
by Lieutenant Bonnie Moore
October 7, 2014
Okay, this is Bonnie Moore, Lieutenant with the Office of Inspector
General. It?s October 2014, at 11:08am. I?m speaking with Nicole
Neilson. Good morning Kicole. Are you there?
Yes ma?am.
Okay. Nicole, could you tell me how to spell your last name please?
It?s 

Okay. And it's, Nicole is 

Yes ma?am.

Okay. Now my understanding is that you were present when Tanner Hevron
was brought in to speak with Trooper Keele. Can you tell me kind of how
you came to understand the situation and then what you observed during.
the, during the situation?

Officer Boaz and Officer Keele came in and said they needed to speak to
Tanner Hevron, if I knew where he was and told them I would go find
him. And they said they had had an incident with Officer Keele and
Tanner, and they wanted to just speak to him about it. So I go out
there to, he was running the track, and I go out there and get him. And
he comes in and he sits down, and Officer Boaz, you know, and, and
Officer Keele asked him if he looked familiar and Tanner said, 
And they were like, ?Have a seat,? and, like I said, Tanner had just
got through running on the track. And they had asked him a couple of

questions about yesterday and Tanner was kind of breathing heavy, and

 

 

 

[rm-mphOfficer Boaz said, you know, ?Are you okay?? And he goes, ?Well I just
got through running a mile," and they were like, ?Well go get a drink
and, you know, kind of cool off a little bit and come back in.? And
Tanner got a drink, came back in. Officer Keele talked to him about,
?Do you remember yesterday, you know, pulling out in front of me?? And
Tanner was like, ?Yes sir.? Tanner was, you know, he had, admitted he
had done wrong. He was very, you know, ?Yes sir, no sir. I know that I
pulled out in front of you.? And Officer Keele said, ?You know, you
turn around and you look at me like you?re going to, you know, wanting
to fight me.? And he was like, ?Well you were, you were looking at me,?
it was kind of just that. And he said, he goes, I?m here to
explain to you that I had a car full :1 you know, and you
speeding through that parking lot, there?s an elementary school,
there?s another little school, and if we?re there then, then I can?t,
you know, if kids are coming through, or whatever, you know, if you
were to come through and hit someone, or, you know, you could have
seriously done damage.? And Tanner was like, ?Yes sir, yes sir.? And
then Officer, Tanner Hevron said, you know I?m sorry, Officer Keele
said, ?Well why were you looking at me like you wanted to come after
me?? And he said, ?Well cause you were going to whoop my ass, you were
going to whoop my ass,? and he said that like two times. And Officer
Boaz, at that point, kind of said, ?Hey, don?t cuss in front of Ms.
Neilson. We're not going to have any cussing going on in here.? And
then at that point Tanner said, ?Yes sir,? and that was, you know, the,

the heated, the most heated the conversation had gotten. And Officer

 

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Keele talked to Tanner and explained to him, again, you know, ?If it,
what if that would have been someone else besides me and you, you know,
was looking at the them that way,? and he said, ?Nowadays kids carry
guns, adults carry guns, you?ve got road rage.? And he was like, ?Yes
sir, yes sir,? and, I mean, you know, they said, ?We?re just here to
make you be aware of what happens.? And he was like, ?Yes sir, I'm
sorry. I'll be more aware.? At that point, Officer Boaz said, ?Tanner,
you know, after you get dressed, come find me at the high school. I
just want to talk to you again and make sure you?re okay.? And he said,
?I'm fine,? you know, and Officer Keele said, ?Just be more aware of

what's going on." And he said, ?Yes sir,? and he turned around and

walked out.

Okay.

I mean there was no 
Okay.

Like I said, it didn?t get heated, there was, he was very, ?I'm in the

wrong, I apologize.?

Did Trooper Keele call him ?boy' during the conversation, several
times?

I just remember him saying, you know, ?You being a young boy, and you,?
you know, he did call him a young boy, not in a rude way, he?s like,
?You being a young boy and you looking at someone in the mirror can

cause, you know, people to pull guns out,? but I don?t remember him

using that like, boy, boy, excessively.

 

 

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tell Tanner, you know, ?You need to look me in the when I?m
talking to you, boy,? or something like that?

The only thing is Tanner was staring down at the ground and Officer
Keeie said, ?Look me in the eye,? I don?t, he, I don?t recall him
saying ?boy? he said, ?Do you understand that you could kill someone
driving recklessly?" And Tanner said, ?Yes sir, I do." And he said,
?Look me in the eyes,? and he looked at him, and he said, ?Yes sir, I
do." And he said, ?We're just trying to make you aware." But a

Okay.

I mean it wasn?t like over and over.

Okay. Did, did Tanner try to give his side of the story at all?

After, I think it was Officer Boaz had asked him what he was in a hurry
for, it might have been Officer Keele, one of the officers said, ?What
were you in a hurry for?? And he said something about the sun being in
his eyes and, you know, he never really, to me, gave a reason. He, you
know, he did, I know the officers asked him, you know, ?Why were you in
a hurry?? and then he switched to the sun being in his eyes and he was
just trying to leave.

Mm hmm.

I mean they, in my opinion, they gave him, I mean he had very ample
opportunity to speak, no one shut him down.

Okay. Did TrooPer Keele raise his voice at all?

No. No. Like I said the only time that, to me, any of the voices were
raised, when he kept cussing and Officer Boaz said, you know, ?You are

not going to cuss in front of Ms. Neilson.

 

re??w'hvhmm.

And that was it.

Okay. Did you observe anything that you thought was out of line?

No. And that?s the thing about it was is when he walked off, Tanner,
you know, in the past, you know, he?s kind of, he has a temper, and he
was very, ?Yes sir, no sir,? very apologetic, was wrong.? And, you
know, we made the comment, ?He has grown up so much.?

Mm hmm.

And, but, I mean he seemed fine when he walked out of here.

Okay.

He wasn?t upset, you know.

Was Trooper Keele upset?

No.

Okay. Alright, is there anything I haven?t asked you about, Ms.
Neilson, that you feel like would be of my benefit to know?

No. No, I mean, like I said, it was very, to me it was very calm, it
was, he kept saying that, you know, ?I?m sorry, I was in the wrong.?
Officer Keele tried to explain to him, Officer Boaz even said, you
know, ?There?s kids running around this area with athletics and it?s,
you know, you come flying around a corner,? you know, they just totally
explained to him, gave him what, what could happen. But it was never
heated or anyone, you know, picking on Tanner or whatever.

Okay. Alright. Okay, well Ms. Neilson, I appreciate you, to speak with

me. What I?d like to do is send you an affidavit for you to write down

 

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what you just told me about what you remember. I can email you that.
you have an email where you could receive that?

Yes ma?am.

Okay.

It nneilson@northlamar.net.

Okay. Well I sure appreciate it. And with, if you need anything after
you get the affidavit, I'll send instructions with it, just let me
know.

Okay. Alright, thank you.

Thank you ma?am.

Uh huh, bye bye.

DO

 

 

 

OIGZO 14-0409
Tab 7

1 CD in file