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."
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MAP posted-by: Keith Brilhart