Post by PHOTOMAN on Aug 7, 2006 17:40:17 GMT -5
MONTGOMERY COUNTY, Tex. -- The Montgomery County District Attorney's office has dropped all charges against a railroad engineer arrested in June by the Montgomery County Sheriff's Office for failing to identify himself.
But Gregory Stokes, 29, of Conroe, has told The Courier he will pursue a civil suit against the Sheriff's Office for wrongful arrest.
Stokes was arrested when the train he was operating for the Timber Rock Railroad out of Silsbee was hit by a car as it sat in a crossing at FM 149 and Shannon Crossing in west Montgomery County June 6. Stokes stopped the train as it was going through the crossing because he had noticed that the gates had not gone down even though the signal lights and bells were operating.
Two of the train's conductors got off the train to alert traffic and waved the train through because they saw no one approaching the crossing. After Stokes started the train back up, a silver Chevrolet station wagon driven by Billy Dustin Smith, of Pasadena, drove into the train. Smith, 21, was not injured.
Sheriff's deputies arrived on the scene, and when a deputy asked for Stokes' driver's license, he refused, citing federal law that doesn't require train conductors and engineers to show their driver's licenses when an accident occurs. The law is in place to keep train employees' auto insurance rates from going up because their license numbers are on the accident report.
However, the deputy arrested Stokes for failure to identify himself and interference with public duties, both Class B misdemeanors. Stokes was booked into the Montgomery County Jail and bonded out for $1,500.
The deputy's report noted that Stokes was "observed by three other law enforcement officers refusing to comply with the request I made for identification and making the task of completing the investigation impossible."
But a Department of Public Safety trooper on the scene advised the deputy that, by law, an engineer or conductor is only required by law to present his engineer's card, DPS Sgt. Jovon Reed told The Courier in June.
"Per any peace officer's training, the peace officer should know that is the identification he or she should be requesting," Jovon said at the time.
Officials with the District Attorney's office told Stokes' attorney they were dropping the charges last week, according to Stokes.
"They said there was nothing to prosecute," Stokes said. He also said a District Attorney's official apologized to his attorney, but, "I have not heard a thing from the Sheriff's Department."
District Attorney Mike McDougal could not comment on the case because he wasn't familiar with it, he told The Courier Friday.
Stokes has hired Galveston Attorney Art Saiden to file a suit against the Sheriff's Department. Saiden was not available for comment, but a spokeswoman with his office said the suit, which will be for wrongful arrest, has not yet been filed.
Saiden and Stokes also have not yet determined what damages they will be seeking from the Sheriff's Office, she said.
Lt. Dan Norris, the public information officer for the Sheriff's Office, said he could not comment on the possible lawsuit.
"If in fact he is considering a suit against the department, we cannot comment on litigation," he said.
Norris could not say whether deputies have or will receive additional training on how to handle similar incidents.
No disciplinary action has been taken or is planned to be taken against the deputy who arrested Stokes. "The department did review the arrest and procedures," Norris said.
Stokes, whose third child was recently born, would like an apology from the Sheriff's Office and also wants the arrest expunged from his record, but he is glad the charges have been dropped.
"I feel good that it's over with," he said
But Gregory Stokes, 29, of Conroe, has told The Courier he will pursue a civil suit against the Sheriff's Office for wrongful arrest.
Stokes was arrested when the train he was operating for the Timber Rock Railroad out of Silsbee was hit by a car as it sat in a crossing at FM 149 and Shannon Crossing in west Montgomery County June 6. Stokes stopped the train as it was going through the crossing because he had noticed that the gates had not gone down even though the signal lights and bells were operating.
Two of the train's conductors got off the train to alert traffic and waved the train through because they saw no one approaching the crossing. After Stokes started the train back up, a silver Chevrolet station wagon driven by Billy Dustin Smith, of Pasadena, drove into the train. Smith, 21, was not injured.
Sheriff's deputies arrived on the scene, and when a deputy asked for Stokes' driver's license, he refused, citing federal law that doesn't require train conductors and engineers to show their driver's licenses when an accident occurs. The law is in place to keep train employees' auto insurance rates from going up because their license numbers are on the accident report.
However, the deputy arrested Stokes for failure to identify himself and interference with public duties, both Class B misdemeanors. Stokes was booked into the Montgomery County Jail and bonded out for $1,500.
The deputy's report noted that Stokes was "observed by three other law enforcement officers refusing to comply with the request I made for identification and making the task of completing the investigation impossible."
But a Department of Public Safety trooper on the scene advised the deputy that, by law, an engineer or conductor is only required by law to present his engineer's card, DPS Sgt. Jovon Reed told The Courier in June.
"Per any peace officer's training, the peace officer should know that is the identification he or she should be requesting," Jovon said at the time.
Officials with the District Attorney's office told Stokes' attorney they were dropping the charges last week, according to Stokes.
"They said there was nothing to prosecute," Stokes said. He also said a District Attorney's official apologized to his attorney, but, "I have not heard a thing from the Sheriff's Department."
District Attorney Mike McDougal could not comment on the case because he wasn't familiar with it, he told The Courier Friday.
Stokes has hired Galveston Attorney Art Saiden to file a suit against the Sheriff's Department. Saiden was not available for comment, but a spokeswoman with his office said the suit, which will be for wrongful arrest, has not yet been filed.
Saiden and Stokes also have not yet determined what damages they will be seeking from the Sheriff's Office, she said.
Lt. Dan Norris, the public information officer for the Sheriff's Office, said he could not comment on the possible lawsuit.
"If in fact he is considering a suit against the department, we cannot comment on litigation," he said.
Norris could not say whether deputies have or will receive additional training on how to handle similar incidents.
No disciplinary action has been taken or is planned to be taken against the deputy who arrested Stokes. "The department did review the arrest and procedures," Norris said.
Stokes, whose third child was recently born, would like an apology from the Sheriff's Office and also wants the arrest expunged from his record, but he is glad the charges have been dropped.
"I feel good that it's over with," he said
