TABC sting at Northgate bar

26,758 Views | 144 Replies | Last: 2 mo ago by Brian Alg
techno-ag
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Turns out the bar had video evidence the TABC agent allegedly lied under oath at trial. Oops.

Quote:

Caught in the act, Rebel's owners accepted the equivalent of a warning against their state license to sell alcohol. Frick, meanwhile, was criminally charged for giving the teen a beer. He faced a year in jail and a $4,000 fine.

Frick's attorney, Craig Greening, said the Brazos County attorney quickly offered a deal -- a fine, probation, community service hours. Yet the bartender balked. Despite the TABC agent's report, Frick insisted Jergins wasn't telling the truth about what actually happened that night.


After the agent allegedly lied on the stand, the attorney played the video. The jury came back with a not guilty verdict in 20 minutes.

https://www.houstonchronicle.com/news/politics/texas/amp/In-this-undercover-operation-it-was-the-booze-13665356.php
LOYAL AG
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AG
So is the agent going to be prosecuted for perjury?
techno-ag
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LOYAL AG said:

So is the agent going to be prosecuted for perjury?
I don't think a decision has been made yet.
Sweet Kitten Feet
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S
He should. He tried to get someone branded a criminal with possible jail time. This guy can't be trusted with that job. He should at the very least be fired, and his previous cases reviewed as well.
Stupe
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S
I'm usually pro law enforcement, but that dude absolutely needs to do time if all of this is accurate.
australopithecus robustus
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BQ_90
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The DA needs to be fired too
AggieBarstool
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At a minimum, the TABC agent should lose his job. I wouldn't be mad if he faced criminal prosecution for being a ****-bag.
DBSwooper
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techno-ag said:

Turns out the bar had video evidence the TABC agent allegedly lied under oath at trial. Oops.

Quote:

Caught in the act, Rebel's owners accepted the equivalent of a warning against their state license to sell alcohol. Frick, meanwhile, was criminally charged for giving the teen a beer. He faced a year in jail and a $4,000 fine.

Frick's attorney, Craig Greening, said the Brazos County attorney quickly offered a deal -- a fine, probation, community service hours. Yet the bartender balked. Despite the TABC agent's report, Frick insisted Jergins wasn't telling the truth about what actually happened that night.


After the agent allegedly lied on the stand, the attorney played the video. The jury came back with a not guilty plea in 20 minutes.

https://www.houstonchronicle.com/news/politics/texas/amp/In-this-undercover-operation-it-was-the-booze-13665356.php
If you were wondering, this story has gained national attention. So looking good for us here in B/CS.
agrab86
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Funny thing is, unless I've missed it, there hasn't been anything on KBTX, KAGS, WTAW, or The Eagle about this. I wonder why??
cslifer
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Why would the DA, an elected official, be "fired" over a officer committing perjury? Especially when it was the county attorney's office that handled the case.
BQ_90
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cslifer said:

Why would the DA, an elected official, be "fired" over a officer committing perjury? Especially when it was the county attorney's office that handled the case.
then whoever prosecuted the case. The video is clear. They also where pressuring the bartender to take a plea deal which was clearly false.

If you think the corruption stopped with the TABC agent you're wrong.
techno-ag
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BQ_90 said:

cslifer said:

Why would the DA, an elected official, be "fired" over a officer committing perjury? Especially when it was the county attorney's office that handled the case.
then whoever prosecuted the case. The video is clear. They also where pressuring the bartender to take a plea deal which was clearly false.

If you think the corruption stopped with the TABC agent you're wrong.
It turns out the defense does not have to reveal everything they've got, unlike the prosecution. Craig Greening, the bartender's attorney, decided to hold back the exculpatory video until trial in order to teach TABC a lesson.

Quote:

Greening, a former prosecutor who represents bar employees, concedes the easy call would've been to send the footage to Brazos County prosecutors, who presumably would drop the charges after seeing TABC's agent had used false information to charge Frick.

Instead, he decided to conduct a sting of his own.

Greening considered it payback. "Over the years, I've heard so many complaints from bars that TABC makes cases, but they're not real cases," he said. "We think they lie."

No Collusion, No Obstruction, Complete and Total EXONERATION. KEEP AMERICA GREAT!
agrab86
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From what I understand, the defense had the video and didn't share it with the prosecution until during the trial after the TABC agent gave the testimony that was contradicted by the video. The defense does not have to share such evidence - they clearly wanted to catch the agent in a lie. (like techno just posted) That is not the fault of the county attorney.

However, the county attorney should have requested from Rebels any evidence such as this video during pre-trial discovery. And if they did request and Rebels didn't provide it, then Rebels might be facing some trouble.
LSCSN
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this is hilarious.
Corporal Punishment
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How many other times has this agent lied under oath?
techno-ag
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Corporal Punishment said:

How many other times has this agent lied under oath?
I predict he would claim he does so many stings he got confused on this one. "An honest mistake."

However, you can bet the county attorneys are embarrassed and will take extra steps the next time a case like this comes their way to make sure they don't get burned again.
No Collusion, No Obstruction, Complete and Total EXONERATION. KEEP AMERICA GREAT!
techno-ag
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DBSwooper said:

techno-ag said:

Turns out the bar had video evidence the TABC agent allegedly lied under oath at trial. Oops.

Quote:

Caught in the act, Rebel's owners accepted the equivalent of a warning against their state license to sell alcohol. Frick, meanwhile, was criminally charged for giving the teen a beer. He faced a year in jail and a $4,000 fine.

Frick's attorney, Craig Greening, said the Brazos County attorney quickly offered a deal -- a fine, probation, community service hours. Yet the bartender balked. Despite the TABC agent's report, Frick insisted Jergins wasn't telling the truth about what actually happened that night.


After the agent allegedly lied on the stand, the attorney played the video. The jury came back with a not guilty plea in 20 minutes.

https://www.houstonchronicle.com/news/politics/texas/amp/In-this-undercover-operation-it-was-the-booze-13665356.php
If you were wondering, this story has gained national attention. So looking good for us here in B/CS.
It's looking worse for TABC, imo, and they're statewide.
No Collusion, No Obstruction, Complete and Total EXONERATION. KEEP AMERICA GREAT!
Swarely
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techno-ag said:

Corporal Punishment said:

How many other times has this agent lied under oath?
I predict he would claim he does so many stings he got confused on this one. "An honest mistake."

However, you can bet the county attorneys are embarrassed and will take extra steps the next time a case like this comes their way to make sure they don't get burned again.


From the article:

Quote:

Brazos County Attorney Rod Anderson, whose office prosecuted the case, said he was reluctant to say Agent Jergins lied. "Obviously what happened is different from what was described in his report," he said. "Yes, he misstated the transaction that took place. But we felt it was nothing intentional."

techno-ag
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Swarely said:

techno-ag said:

Corporal Punishment said:

How many other times has this agent lied under oath?
I predict he would claim he does so many stings he got confused on this one. "An honest mistake."

However, you can bet the county attorneys are embarrassed and will take extra steps the next time a case like this comes their way to make sure they don't get burned again.


From the article:

Quote:

Brazos County Attorney Rod Anderson, whose office prosecuted the case, said he was reluctant to say Agent Jergins lied. "Obviously what happened is different from what was described in his report," he said. "Yes, he misstated the transaction that took place. But we felt it was nothing intentional."


Yup. I predict he'll go with that and say something along the lines of "It was an honest mistake. We do so many of these stings and I forgot that time he handed me the beer instead of the minor."
No Collusion, No Obstruction, Complete and Total EXONERATION. KEEP AMERICA GREAT!
LostInLA07
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Then, at a minimum, he should be fired and charged with contributing to the delinquency of a minor.
techno-ag
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LostInLA07 said:

Then, at a minimum, he should be fired and charged with contributing to the delinquency of a minor.
It's not looking good for the agent, that's for sure.
No Collusion, No Obstruction, Complete and Total EXONERATION. KEEP AMERICA GREAT!
cslifer
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Fired absolutely, perjury charge of course. Furnishing alcohol to a minor-not a chance. He did hand it to her, but don't forget she had been hired to be part of the sting operation, and he was acting within his scope as a peace officer running the sting. You would be attempting to prosecute him for doing the sting. Remember, the operation itself wasn't illegal, the lying is the issue. No laws were broken until he started lying/misrepresenting things. Furnishing alcohol to a minor would be a no go.
CS78
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cslifer said:

Furnishing alcohol to a minor would be a no go.


But useing her in his illegal scam should qualify as contributing to the delinquency.
cslifer
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Up until he made up information to arrest the bartender it was legal. He was running a legal sting within the policy of his agency and according to law. If they had just walked away and taken no action then it was legal. It would have been a sting that didn't work, nothing more. It happens all the time.
To be clear, I am not defending him at all, what he did is completely unacceptable. I am just talking about the laws.
Unfortunately what "should" meet the elements of a crime don't actually match up with what does meet the elements.
LostInLA07
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He isn't permitted to hand her alcohol as part of the sting, and he admitted to knowing that action would be illegal.
cslifer
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I have no idea on their policy, and it appears you do.
Regardless, why would you charge him with a class a that is extremely iffy at best, when you can charge with a felony with is much more solid?
LostInLA07
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I suppose I'd charge him with both, but the contributing charge is clear and there is video evidence.
LostInLA07
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Some excerpts:

Rebel's footage from that night quickly debunked the TABC agent's version of events. After pouring the beer, Frick slides it toward the TABC agent. Jenkins picks it up, turns and hands it to the girl. They then walk away together.

Greening questioned the agent next. "It would have been against policy for you to receive the beer from [Frick] and then give it to [the teenager], is that right?"

"Well," Jergins answered, "it wouldn't have happened that way."

But if it had, "that would be illegal, right?"

Jergins: "The way you're describing, yes, sir."

Greening: "That's against the law. It's called making alcohol available to a minor, right? ...You can receive up to a year in jail?"

Jergins: "And a $4,000 fine, yes, sir."
queso1
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I never understood how stings are legal. "Ok, let's trick someone into commuting a crime."

Seems like something police state would do.
expresswrittenconsent
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This type of corruption is typical of TABC. The stings they were running at hotel bars a few years ago come to mind. People drinking in a hotel bar and then walking to their room in the same hotel are not even close to the same thing as someone leaving their house and drinking at a regular bar and getting intoxicated.
Google the TABC agent rapes of under 21 kids who were forced to work undercover to "pay off" their debt after they were popped for underage drinking.
Google the TABC agents misusing funds to go on trips.
This is a horribly corrupt agency that should no longer exist.
MaroonBloodedAg2010
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queso1 said:

I never understood how stings are legal. "Ok, let's trick someone into commuting a crime."

Seems like something police state would do.
Stings don't trick anybody into committing crimes. That would be entrapment and that's illegal. The whole intent of a sting is to catch somebody who is already suspected of committing a crime. They obviously won't commit the crime if uniformed police are around, so stings have to be set up.

Brazos County has a pretty good track record of going after law enforcement who break the law or done some kind of wrongdoing. Hopefully that keeps up here too.
Brian Alg
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Quote:

The whole intent of a sting is to catch somebody who is already suspected of committing a crime.
Do you have any reason to think this? My understanding is that there was no reason to think this particular bartender had previously done something wrong.
Quote:

Brazos County has a pretty good track record of going after law enforcement who break the law or done some kind of wrongdoing. Hopefully that keeps up here too.
I don't know that this isn't true, but I would love to see receipts.
aggiepublius
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HC had another recent report about TABC in similar other cases. They had a previous story that bars were turning to their in-house videos to show TABC agents were not always correct in their testimony.

https://www.houstonchronicle.com/news/politics/texas/article/Bars-turn-to-security-cameras-to-fend-off-Texas-13617414.php?src=hp_totn
Brian Alg
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I sent out an email to KBTX, the Eagle, and WTAW. KBTX and the Eagle got back to me super quickly (like within half an hour).

- KBTX said that they have reached out to folks and are working on getting someone on camera for the story.
- The Eagle hopes to have something out over the weekend.
- I sent the email out less than an hour ago. So though I haven't heard from them yet, that doesn't mean WTAW is not on the case as well.

I am so glad that we have the top quality local news coverage we do.
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