New York Daily NewsHOUSTON — Houston’s police chief told jurors on Tuesday that the 2010 videotaped beating of a black teen burglary suspect made him “sick to my stomach” and gave the police department a “black eye.”
Police Chief Charles McClelland Jr. testified that fired officer Drew Ryser — one of four officers who were indicted in the case — mistreated the teen during his arrest and failed to follow proper procedures.
Ryser, 32, is on trial this week on a misdemeanor charge of official oppression. He faces up to a year in jail if convicted.
“It made me sick to my stomach because it was an egregious use of force and the men and women of the Houston police department are better than that … they did not deserve that type of black eye,” McClelland told special prosecutor Jonathan Munier.
Ryser’s attorneys have said the ex-officer was following textbook procedures to arrest a suspect he had been told might have been armed.
In video footage from a security camera that caught the March 2010 beating, then-15-year-old Chad Holley is seen falling to the ground after trying to hurdle a police squad car. He’s then surrounded by at least five officers, some of whom appear to kick and hit his head, abdomen and legs. Police said that Holley and three others had tried to run away after burglarizing a home.
Holley’s beating prompted fierce public criticism of Houston’s police department by community activists, who called it an example of police brutality against minorities.
JAMES NIELSEN/AP
Ryser stands in State District Judge Ruben Guerrero’s 174th State District Court during his trial this week.
McClelland said that in seeing the video footage, he was disturbed that Holley, who had given up, offered “no active resistance and the force that was being used against him was excessive and unnecessary.”
McClelland told jurors that if Ryser and the other officers believed Holley might have been armed, proper procedure would have called for one officer to draw his weapon on the teen and for another officer to then handcuff him.
But while questioning McClelland, Lisa Andrews, one of Ryser’s attorneys, tried to suggest to jurors that the scene was very chaotic, with Holley and other suspects running in different directions, and that such a “perfect scenario way” of arresting Holley was not possible.
“If the other officers committed to go hands on to handcuff (Holley), it would not be prudent for other officers to pull a weapon,” Andrews said.
McClelland disagreed on describing the arrest scene as chaotic, instead calling it “challenging.”
Andrews also tried to suggest to jurors that the video did show Holley resisting efforts to handcuff him.
McClelland was expected to continue testifying on Wednesday. The trial, being heard by a six-person jury, is expected to last about a week.
Two other former officers charged in the case pleaded no contest and were sentenced in April to two years of probation as part of plea agreements. A fourth ex-officer was acquitted in May 2012. All the fired officers indicted in the case were charged with misdemeanors.
Holley was convicted of burglary in juvenile court in October 2010 and placed on probation. Last year, Holley, now 19, was arrested on another burglary charge, and a judge sentenced him in April to six months in jail and seven years of probation. Holley, dressed in an orange prison uniform, has been briefly brought into the courtroom at various times during the trial so that he can be identified by different witnesses.
What, now cops are turning on cops now that the public is getting damned sick and tired of police brutality?. These cops should have been charged with assault and battery and thrown in prison. Period. Along with any other cop that was aware of these beatings and did nothing to stop it. Like I was told when I was arrested ” If you see a crime being commited and you do nothing to prevent the crime from being commitied then you are as guilty as the one commiting the crime.” According to the cops and the judge anyway. Guess that that doesn`t apply to the cops.
You are right on the money Diggerdan,they are running damage control now like the cops that give the kids gifts for wearing a helmet on a bicycle.That is a good thing but the real reason they are doing it is because they know that many of the citizens are aware of their violent past. Cops all over the country are out of control and no amount of this BS is going to reign that in! They are protecting the very scum that is terrorizing all of us now! If the sheep don’t see this now then they are intentional blind or simply idiots.
My goodness. After a non-stop parade of negative news about police, I find a story about a police chief doing the right thing and what happens. It’s “damage control”. It’s “B.S” It’s whatever. Then we want to punish other cops who didn’t stop it? That logic makes each and every one of us guilty for not stopping the warcrimes comitted by our outlaw government. We didn’t stop them so therefore we are guilty too? You want cops to stop thug cops? This Chief did so in a very powerful way. Wow. do you really think a Police Chief testifying against a renegade cop is “B.S.”? Really? Is it so hard to believe there are honorable people among the police? The military? Check out Oathkeepers or the 3%ers. How about the sherriffs who take a stand for the 2nd Amendmant. This man did the right and honorable thing but we still want to bash him? I disagree. We should applaud what he did and encourage others to follow his example. And Digger, I don’t know why you were told you are legally obligated to risk yourself to stop a crime. I would like to see the law that compels you to risk yourself. Remember, they just punished a young man for risking himself to save others by disarming a kid with a knife. They encourage victimhood and helpless dependence on “The Authorities”. I’m not sure they expect or demand citizens take action when they see wrongdoing. That could lead to citizens arresting rogue cops themselves. Come to think of it…that’s not a bad idea.
I understand what you are sayin` Scott, but why all of a sudden did did this cheif of police have a change of heart. After all we all have heard about that “code of silence’ amonst the police, right. I think that the cops are a bunch of chicken sh*t thugs and will do this because they are close to haveing something exposed that they are guilty of…. And yes the judges name that told me that was Judge Donna Muza, Dunn Co. Judge. I can say that now because the crooked judge is dead now :), and yes that judge was well known to be crooked and bought off.
Hi Digger. Why the change of heart? I can’t answer that. Maybe it wasn’t a change of heart. Maybe he saw wjth his own eyes what happened and was shocked and outraged as any decent person would be. Maybe a lot of things. Who knows? The truth is known only to him. And I for one am glad he did the right thing. We see story after story about bad cops. Yes they exist. So do bad priests. But we don’t condemn all priests because of the actions of some. I think our enemies love to divide and conquer. They want us to hate this group and that group. They want us to generalize. That only weakens us. There are good, decent, honest cops out there. In my opinion it would be a mistake to consider them our enemy. We, as a people have more then enough enemies who wish us harm. We don’t need to create more when we don’t need to. Check out Oathkeepers. There you will see the police and military…both active duty and retired who swear they will stand with you to protect our Constitution. We need to quit dividing ourselves and find common ground. If we cannot do that, our cause…no matter how right it is…will be lost for sure. And by failing to unite when it is most needed, we condemn our children and grandchildren to a living Hell.
Awe man Scott, I couldn`t agree with ya more, how ever, if they are in a authoritive position that can make or break someones life and they idly stand by for so many years and now all of a sudden they start feelin` guilty/seeing what they were doing doesn`t excuse them. They ruined a whole lot of lives and they did it intentionally. They may now know they did wrong but that is no excuse. They – the police – really are responsible for thousands of ruined lives by falsely setting up people and intentionally ruining innocent peoples lives. You know it and I know it.
Digger, you are 100% right. Cops can and do ruin lives.I too, have seen it first hand. I agree some, perhaps many, allow power to corrupt them. Same goes for judges, mayors, aldermen, politicians, corporate executives and many others. And because these types exist. The types that abuse and misuse their authority…it is the duty of an awake, aware, informed and determined citizenry to expose them and demand justice. If at first we fail…then expose them again and again until they get the justice they have earned. We need to quit being distracted by fluff. We need to quit dividing ourselves. We need to agree to disagree on certain points but speak with one loud clear voice and say THIS WILL NOT STAND.
@ Scott 2:02. Ya know Scott, back in the day – the 50`s maybe the 60`s – the kids wanted to be a astronaught, or a fireman, or maybe a cop, etc, ya know, but , back then those professions meant something. Now days those professions just mean nothing but control and fear, encarceration and brutality. WTF. This is supposed to be America. We are supposed to be against that crap. Yea, Scott, it would be a pipe dream to have it like it was when cops were like Barney Fife and Andy.
I know Digger. Sometimes I get disillusioned too. But Andy and Barney still exist here and there. I lived outside of a small town (pop. 750) for 25 years. The town had 1 cop. He was on duty from 7AM til 3:30PM. After that he went to a local pub for a few beers then home. If you needed Darrin in an official capacity you knew where to find him. LOL, He was available to help anyone any time 24/7. I can say he helped me and mine on several occasions. You couldn’t ask for a finer example of Peace Officer. And just so you know…he’s still there. They are still out there Digger. And we should be glad they are.
Thats right Scott, but you are talkin` about a peace officer though. I live in a small town just like that – about 1000 people and we all know how to uphold justice here. We are all partiers, bikers, and christiens here where I am from 🙂
Very cool Digger. You can’t beat small towns. I’ve visited the big city and them folks can have it. If there is hope for our country it is in the small towns, rural folk and country boys. Hell, now I got Charlie Daniels “Long haired country boy” playing in my head. Ah…it could be worse…it could be rap. ‘Course I mean no offense to anyone…but to me…that ain’t music. It’s just rhymin’ dirty words to the beat of drums and bass. Hmmm…I think I sorta drifted there. Oh well.
Oh well 🙂 , we cool Scott 🙂
Yes Digger, I think we are too. Got my Blackhawks on the radio in 30 minutes. I’ll be listening and posting. Stay safe, stay healthy, and stay happy man.
You too Scott !!!
Hey Digger, I’m not sure if Henry reads these, but if he does…and if you want it…he has my permission to give you my email addy if such a thing is done on this site.
First of all, Only 1 yr. in Jail?
2nd, yep, Damage Control.
3rd The pchief has no luv for this guy or his pals.
4th what the heck are they teaching these guys as far as Proper Procedure?
From all that has been reported from killings of people and their pets, tazing, beatdowns to death, to running a suspect down with a car is the proper procedure Peace officers are being taught these days. (Who can forget the child and granny targets they get to practice on…..)
Is there an upcoming election around those parts soon?
My Fellow Americans:
Please,.. don’t be fooled by this cops sudden onset of moral piety.
When he stated he was, “sick to his stomach”,… what he really meant was that he was sick to his stomach that this got caught on tape!
He had no choice but to testify like this if he wished to retain the deciet and deception that cops want to protect the public.
The reality is,… NO,.. They Don’t!
Although there are a few goods ones on the force,.. until they take a stand against their fellow cops that abuse, lie, cheat, steal and debase their fudiciary responsiblities,.. they are all part of the same system, same problem, and share the same need to be arrested, tried and convicted for crimes against Americans, violating their Oath, violating the US Constitution, Treason, and in short,.. Crimes Against Humanity.
We can NOT use a corrupt, broken, morally destroyed, or wholly treasonous system to fix a corrupt, broken, morally destroyed or treasonous system,.. or has no one realized that yet?
JD – US Marines – To fix our treasonous gov’t, which is nothing more than an “Enemy Force In Occupation”, we first must institute a legitimate system to dismantle the corrupt one.
Thank You JD.
A little background, for what its worth. Charles McClelland Jr. joined HPD in 1977 and stepped in as Chief in 2010.
Methinks the Chief has his sights set on a politcal office.
Possibly Mayor?