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ROUND ROCK

Midland deputy fired after rifle incident
Picture of Round Rock waitress with weapon also leads to discipline for four others.
By Isadora Vail

AMERICAN-STATESMAN STAFF


Thursday, August 20, 2009

A Midland County sheriff's deputy was fired after police say he and four other deputies asked a waitress to take a picture with one of their service rifles while they were visiting a restaurant in Round Rock last week, Midland Sheriff Gary Painter said.

Deputy Daniel Subia was fired, Deputy Art Nunez received a letter of reprimand, and three others — Deputies Miguel Ramos, Chris Evans and Ron Wright — received three days of suspension without pay, Painter said.

The deputies will not face criminal charges, according to Melissa Hightower, an investigator with the Williamson County attorney's office.

On Aug. 10, Round Rock police were called to the Twin Peaks restaurant — where waitresses typically wear halter tops and short shorts — at 100 E. Louis Henna Blvd. after an off-duty Manor police officer reported seeing a waitress holding what appeared to be a rifle in the parking lot, according to a police report. The deputies were taking photos as she held it, the report said.

The report says the waitress told police that the deputies asked her to come outside and pose with the weapon, according to the report.

The off-duty officer called Round Rock police.

The deputies were in Round Rock for training, Painter said.

Eric Poteet, a spokesman for Round Rock police, said they did not charge the deputies because no crime was committed. Dee Hobbs, chief of the criminal division of the Williamson County attorney's office, had said the officers could face charges of disorderly conduct, a Class B misdemeanor punishable by up to 180 days in jail.

Painter said it would have been a "knee-jerk reaction" to fire all of the deputies involved. Instead, he interviewed each deputy separately and doled out reprimands based on the deputies' participation in the incident. Subia, who was fired, was "the one who handed the weapon to the lady," Painter said.
I gotta admit that cops are human,but they need to be held to a little higher degree of maturity,handing a waitress an AR15 with a magazine inserted while snapping pictures is not a very smart thing to do.Pretty juvenile immature behaviour and not something I would expect people in their position to engage in while in uniform.On the other hand I don't see anything they did that was criminal
 

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From the article even though they did not do anything criminal it was a very serious lack of judgment on their part.
 

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Were there rounds in the firearm? Maybe I'm lacking reading skills tonight.

Unless the waitress filed the complaint and / or the firearm was loaded, I think a LEO was fired for no good reason. To many other real problems in the world than to worry about a few LEO flirting with a good looking girl.

Maybe there is something I don't undestand about the case, but I don't see what was so wrong. Wrong, sure, bad enough to fire, I don't think so with what I've read.
 

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Were there rounds in the firearm? Maybe I'm lacking reading skills tonight.

Unless the waitress filed the complaint and / or the firearm was loaded, I think a LEO was fired for no good reason. To many other real problems in the world than to worry about a few LEO flirting with a good looking girl.

Maybe there is something I don't undestand about the case, but I don't see what was so wrong. Wrong, sure, bad enough to fire, I don't think so with what I've read.
I do know there was a magazine in the gun in the picture,and I'm sure the officer was fired due to violation of department policy,allowing a civilian to handle a department issued firearm more than likely.
 

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Although the article does not spell it out, perhaps the deputies involved already had some 'history', and this was the 'straw'.:rolleyes:

Even if not, a picture could have been taken in a more secure place, not a public parking lot.:gah:
This was definitely a 'brain fart' moment for this group of cops...and brain farts can be 'costly'.:blink::blink::blink::blink:
 

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"disorderly conduct, a Class B misdemeanor punishable by up to 180 days in jail"???

Better be careful where I show a firearm to someone. :hand5:
 

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Maybe I'm just a softy but I don't think that was a firing offense in and of itself.

I think a talking to and a letter in the file--to be removed after 1 year-- is all that was necessary.
 

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Ya,. There must be more to this story... Maybe the girl was the chief's daughter? Stern scolding, ya,.. Firing.. NO!!!!... Unless there is something else to it..
 

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until i see this photo, i will refrain on passing judgement..... though it doesnt appear to be an offense that warrants a firing, but it did require reprimand.

Again until i see a photo of this incident im going on speculation....
 

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Obviously the cop couldn't resist her charms, and gave in to his better judgement.
 

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He couldn't resist her two charms.
 

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I can't stand RedEye on Fox, it's the worst program they have.
 

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Folks are getting funny these days. What we might think of as rather innocent fun or a once in a lifetime opportunity can be turned into rather serious issues in the blink of an eye. Liability would more than likely be the biggest issue here, especially if the magazine was full. I don't know if there are more pictures other than this one portrayed, but I don't see any real identifying marks or lettering on the police cruiser that could tell us exactly what department, or what town this was in. If I was the sheriff of this town and it was my department, I would hand down some punishment indeed. But not fire the deputy. Nobody has a sense of humor anymore. Scrutinized by the public eye, our employer, the government, etc....... We've all got to watch our step because there's always someone waiting and willing to step on us during the moments in life we enjoy the most. Kinda sucks in a way, but that's reality.
 

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Yeah, he's scrutinized by the government because he is :busted_cop: the government. The fault is not with the picture or the comely civilian in it. But someone has draw the line and to check the department's weapons. If not the deputy then his lieutenant has to take responsibility. The offending deputies hoped for "some form of professional courtesy". It's a matter of cops policing their own.
"Enjoyment" shouldn't cost the public trust and shouldn't require the use of government property. I guess you're one of the people of the world who has no problem with your state's own Slick Willie and his buddy, Monica, and using the oval office for "enjoyment"? :soapbox:
 
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