Dallas DA launches investigation into police’s treatment of protesters three months ago

Creuzot says he wants to provide “independent scrutiny’' of officer actions

File image of Dallas County District Attorney John Creuzot speaking during a press conference at the Frank Crowley Courts Building in Dallas, Wednesday, January 8, 2020.(Tom Fox / Staff Photographer)

By Miles Moffeit, Cassandra Jaramillo and Dianne Solis

12:43 PM on Sep 3, 2020

Dallas County District Attorney John Creuzot is investigating whether police made wrongful arrests of peaceful protesters and used excessive force on some during the mass demonstrations in May following George Floyd’s death.

The DA contacted several demonstrators and their lawyers in response to a Dallas Morning News story and a photograph published on Aug. 9 documenting how Sgt. Roger Rudloff fired pepper balls into a woman’s chest at close range in late May.

Rudloff arrested her, the photographer, and other protesters, though all said they were acting lawfully when he and other officers stormed them at dusk near a highway access road in downtown Dallas.

Dallas Police Chief U. Reneé Hall told The News shortly after its report ran that an internal review of the matter was under way. Creuzot, responding to questions from The News late Wednesday, said his office is bringing another layer of scrutiny to that case and others.

But before he investigates further, he wants the police department to complete a thorough inquiry. The department’s public integrity unit, which investigates potential crimes by city employees, is examining protester cases.

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The sooner it wraps up, the better, Creuzot said.

“Time doesn’t ever make anything better for us -- it makes it worse,’' Creuzot said. “It was important to me to find these people (protesters), if they could be found immediately, and to reach out to them and then start the process.’'

Dallas police’s handling of demonstrations from May 29 to June 1 has drawn intense criticism from city council members, crowd-control experts and civil rights leaders.

The most scrutinized incident occurred on June 1 when protesters were corralled on the iconic Margaret Hunt Hill bridge. Hundreds were arrested then released shortly after.

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On other days, officers swept up more than 50 protesters on charges of rioting or obstructing a highway. The department later dropped most of the cases following an investigation by The News questioning police tactics and the jailing of three women for such offenses.

Six city council members have said a lack of transparency and poor leadership by Hall have eroded their trust in her. Hall has conceded that mistakes were made and adopted some policy changes.

Against the backdrop of a dramatically strengthened civil rights movement demanding more independent scrutiny of police who act violently, lawyers and activists have worried that officers will not face accountability for what they call bogus arrests of protesters.

Creuzot said his office will ensure there is an independent review by his office.

“It starts there (with police) and we will finish it up, and we will take our own viewpoint of it,” he said. The police are better equipped to handle the preliminary inquiry with their direct access to reports and officers, he said.

Sara Mokuria, a co-founder of Mothers Against Police Brutality, said Creuzot’s scrutiny is critical.

“I absolutely think it is important that the district attorney fully investigates this,” Mokuria said. “I believe this is not an isolated incident. This is representative of the culture of the Dallas police department and policing, in general.”

Lawyers representing protesters said Creuzot has expressed deep interest in their cases in recent weeks.

Photographer Chris Rusanowsky (right) is arrested just minutes after capturing photos of the pepperball shooting. (Tom Fox / Staff Photographer)

Part of his focus is whether Rudloff’s actions rise to criminal offenses such as assault or official oppression, according to David Henderson, a civil rights attorney who represents Jantzen Verastique, the woman shot with pepper balls, as well as several protesters challenging the constitutionality of Texas’ riot-participation law.

“I do believe the DA will fill in the gaps of any police investigation, if he feels there is a need to pursue it,’' Henderson said. “The real question here is how far Creuzot is willing to go to hold police officers accountable.’'

Henderson and J. Eric Reed, a criminal defense lawyer representing a demonstrator, said Creuzot also has been asking about the accuracy and truthfulness of officers’ arrest reports and other records.

“If you have police filling out reports as a sworn document, and the proper information is not in there, that would give anyone concern about the credibility of the case,’' Reed said. “I believe Creuzot is going to maintain a watchful eye.’'

Dallas police documents misidentified Verastique as “Tique Veras’' and “homeless.’' Rudloff also appears not to have filled out a required use-of-force report describing the force he used on Verastique, records show. In response to a public information request submitted by The News, the department released a heavily redacted spreadsheet listing instances of officers’ use of force, but several cases were removed. The department cited health privacy reasons for withholding the information, officials said.

Rudloff did not respond to a request to comment for this story. The sergeant, in a brief interview with The News last month, declined to discuss the specifics of Verastique’s arrest, only saying she was not following instructions. He said he was not wearing a body camera.

The department declined to disclose the status of the investigation into Rudloff’s conduct. He remains on active duty, a police statement said on Wednesday.

“Not all alleged use-of-force investigations require that an officer be removed immediately from full duty status,’' the statement said. “With that said, the investigation has not progressed to the level that it may require the officer to be placed on administrative leave or restricted duty.’'

Those calling for broad policing reforms want more independent oversight of officers.

“We have more confidence in District Attorney Creuzot investigating than the Dallas Police Department,” said David Villalobos of the Texas Organizing Project and a demonstrator at the George Floyd protest. “It is like having a tobacco company issue a report of why smoking doesn’t cause cancer.”

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