Archives > Plano Star-courier > News
Print
E-mail
Comment
Rate
RSS
Share
DPS officer resigns after assault allegations
By Stephanie Flemmons, sflemmons@acnpapers.com
A Department of Public Safety trooper resigned while the department’s internal affairs division was looking into allegations about the trooper assaulting a 22-year-old Plano woman.
On Oct. 23 Department of Public Safety Trooper Arturo Perez was given a preliminary notice of discharge for misconduct that included using excessive force during an Oct. 10 arrest on the Dallas North Tollway at Lemmon Avenue. Perez exercised his legal option to retire before the mandatory due process was completed on his notice of discharge.
Perez is in question for forcing Whitney Fox into a concrete barricade four times, once causing a head-first impact that required multiple surgeries and resulted in permanent scarring.
“This is probably the worst example of excessive force by a male officer on a small female that I have ever seen,” Isenberg said after reviewing the DPS dash camera. “There is no question it is a criminal assault on her. There is no question he snapped.”
About 3 a.m. Fox was traveling on the Dallas North Tollway when her intoxicated passenger unexpectedly grabbed her steering wheel, causing her to plunge into the concrete barricade.
“It caused the airbag to deploy, which whacked my client,” Isenberg said. “She called for medical attention.”
He said shortly after paramedics checked her out, Perez began immediately investigating Fox for driving while intoxicated.
Isenberg said Fox explained to the officer that she was not drunk and that her friend caused the accident.
“He wouldn’t listen to her,” Isenberg said. “He didn’t even send his partner over to talk to the passenger.”
Perez conducted different types of field sobriety tests, which Isenberg said proved she was obviously sober. But, instead of releasing Fox, Perez slapped on the handcuffs and placed her under arrest.
“She does not use the most proper language, but she never resisted arrest,” Isenberg said. “He then pushes her against the wall three times, to the point where one leg is off the ground and the other leg is barely touching the ground on her tip toe.”
The dash camera shows Perez then leading Fox to the squad car and jerking on her handcuffs, causing her discomfort.
“She stops because he is hurting her, then he snaps and throws her into the wall head first,” Isenberg said. “Her chin hit the ledge of the concrete and she crumpled to the ground like a sack of potatoes. She begins bleeding profusely and is transported to the hospital by ambulance.”
Based on the readily observable evidence from Perez’s in-car video, DPS Director Steven McCraw ordered an immediate criminal investigation by the Texas Rangers. He said excessive force during an arrest can result in criminal charges for official oppression under the Texas Penal Code.
“Our troopers receive the best instruction available in the world on use of force issues, and we do not tolerate behavior that so clearly contradicts that training as evident in this instance,” McCraw said. “Ultimately, it is my obligation to remove from duty any employee who cannot perform consistent with our training, standards and mission to provide public safety.”
The Rangers’ investigation will be presented to the Dallas County District Attorney’s Office.
Perez, 42, worked almost 16 years with the Texas Department of Criminal Justice before attending the DPS Academy in 2006. According to TDC officials Perez received three disciplinary actions during his tenure, two of which were for failing to report minor use of force. In May 1999 he was reprimanded for the violation and in June 2001 he received three months probation, preventing him from receiving any type of promotion, salary increase or transfer during that time. In October 2001 he received another disciplinary action for substandard duty performance where he received another three months of probation.
Perez served just over three years as a state trooper and was stationed in Waco when he graduated from the academy then transferred to Ennis in February 2008 and then to Dallas in July 2009.
“There is no question he should not be an officer,” Isenberg said. “This could be your sister, daughter, mother or wife. You would not want this officer interacting with her.”
The following are comments from the readers.
In no way do they represent the view of Starlocalnews.com
In no way do they represent the view of Starlocalnews.com
You must register with a valid email to post comments.
Only your Member ID will be posted with the comments.
Only your Member ID will be posted with the comments.
Registered users sign in here:
Become a Registered User
- Return to: News «
- Home «
- Top of Page ^
