Pubdate: Fri, 14 Apr 2000 Source: Houston Chronicle (TX) Copyright: 2000 Houston Chronicle Contact: Viewpoints Editor, P.O. Box 4260 Houston, Texas 77210-4260 Fax: (713) 220-3575 Website: http://www.chron.com/ Forum: http://www.chron.com/content/hcitalk/index.html Author: Jo Ann Zuiga 2 EX-COPS CLEARED IN SHOOTING Oregon Case Judge Dismisses Charges A federal judge threw out indictments Friday against two former Houston police officers involved in the fatal shooting of Pedro Oregon Navarro, stating perjurious testimony by the victim's brother had influenced the grand jury. In an opinion read from the bench, U.S. District Judge Nancy Atlas quashed the indictments charging Darrell H. Strouse and James R. Willis with civil rights violations in Oregon's death. Strouse, 35, and Willis, 29, were accused of conspiracy to deprive Pedro Oregon of his civil rights during a drug investigation involving his brother, Rogelio. They had been scheduled for a trial to begin April 24. U.S. Attorney Mervyn Mosbacker said his office is considering appealing Atlas' decision. Atlas told prosecutor Quincy Ollison the government can present evidence against the two to a new grand jury. The alleged perjurious testimony came from Rogelio Oregon Pineda, who was in the apartment where his brother was shot in July 1998. Pedro Oregon, 22, was slain when six Houston Police Department officers, pursuing an informant's tip, stormed into Rogelio Oregon's southwest Houston apartment looking for drugs. Police officials have said one officer, believing Pedro Oregon had pulled a pistol, fired his weapon and hit another officer in his bullet-resistant vest, knocking him to the floor. The other officers apparently thought that shot came from Pedro Oregon so they fired about 30 rounds, 12 of which hit him, nine in the back. No drugs were found in the apartment and Pedro Oregon had not fired at police, though his gun was found nearby. Pedro Oregon, who had no criminal record, had no drugs or alcohol in his system. Although neither Strouse nor Willis was involved in the shooting, prosecutors said they did plan the entry without a search or arrest warrant. Atlas, after reviewing about 1,000 pages of grand jury testimony, listed contradictions by Rogelio Oregon on whether he dealt drugs, his previous contacts with the police drug informant and the circumstances of how he opened his apartment door and whether officers properly identified themselves. The judge stated that false testimony "is material if capable of influencing the grand jury. (Rogelio Oregon's) false testimony is clearly material." Attorney Mike Ramsey, who represents Strouse, said he and fellow defense attorneys were prepared for a hearing on a motion to quash the indictments. "We were ready and shaking like bird dogs in November," Ramsey said. "But the judge issued a well-reasoned, thoughtful opinion. These were honorable gentlemen doing their job." Only Willis, a six-year police veteran, has been tried in connection with the shooting. He was acquitted in state court of a charge of misdemeanor criminal trespass. The other officers -- David R. Barrera, 28, a five-year veteran; Lamont E. Tillery, 30, a two-year officer; Pete A. Herrada, 28, a three-year officer; and David Perkins, 30, a four-year officer -- were not indicted in the state and federal investigations. However, they all were fired by Houston Police Chief C.O. Bradford for failing to follow departmental policies and for untruthfulness. Harris County District Attorney John B. Holmes Jr. has said his office is probing allegations that Rogelio Oregon lied to state and federal grand juries about events surrounding the shooting. Rogelio Oregon first said he didn't know if his brother owned a gun and denied knowing the informant, who led police to his apartment, then reversed himself in other statements, attorneys said. The Oregon family's attorney, Paul Nugent, said, "The police who illegally broke into Pedro's apartment without a warrant and shot Pedro to death have done a superb job in diverting the issue. "They're saying Rogelio was lying, while all six officers were cited by the police chief for lack of truthfulness, which is a nice way to say they were lying," Nugent said. Chip Lewis, an attorney for Strouse, said one of the key discrepancies in Rogelio Oregon's testimony was his sworn statement that he didn't know the informant and didn't talk to him the night of the shooting. But in subsequent testimony, Rogelio Oregon said he had known the informant for three years. Lewis also said phone records showed the informant called Rogelio Oregon three times the evening of the shooting. Initially, Rogelio Oregon said he did not talk to Pedro Oregon that night, but later he said he called his brother and told him the informant was coming to the apartment. Defense attorneys have contended the brothers were selling drugs and that gave probable cause for Rogelio Oregon's arrest and entering the apartment. Aaron Ruby, a member of the Justice for Pedro Oregon Coalition, said, "If there was evidence of drug dealing, there would have been charges of that. "It was inadequate to bring charges against Rogelio, so now they're bringing perjury charges to continue victimizing the victim," Ruby said. "We reject the judge's grounds as irrelevant and call for the U.S. Attorney's Office to refile the charges." Oregon's mother, sister and brother still work in Houston, Nugent said. "The family is surprised and disappointed in this latest decision. All the family wants is justice and we will continue to fight for them. It's time to stop giving renegade police officers preferential treatment," Nugent said. The latest findings should not affect the family's civil lawsuit -- scheduled for trial in September before U.S. District Judge Sim Lake -- against the city and Police Department, said family attorney Richard Mithoff. After the court proceeding, a group of protesters gathered outside the federal courthouse, chanting. "Jail, jail, jail the killer cops." Travis Morales, a member of Justice for Pedro Oregon Coalition, told reporters that officials continue to lie "to cover up murder." - --- MAP posted-by: Keith Brilhart