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Assault Investigation involving off duty BPD officer

13,054 Views | 57 Replies | Last: 1 mo ago by lethalninja
BattleGrackle
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https://www.kbtx.com/content/news/New-details-released-in-assault-investigation-involving-off-duty-Bryan-police-officer-567947001.html

KBTX not releasing any names. Reportedly took place at a "fundraising event". Involve a "member of the top-level of the administration team". Location of the incident is reported as 506 east 26th street is Aston Mansion on Feb 8th.

According to Facebook Allen Academy was hosting. https://m.facebook.com/events/astin-mansion-event-center/the-rambling-20s/497053150937172/
Love Gun
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Sounds like two drunkards engaged in fisticuffs. I wonder which one was BPD.
AggieBaseball06
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AG
https://www.kbtx.com/content/news/Assistant-Bryan-Police-Chief-arrested-for-assault-568007321.html
Love Gun
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Now waiting on KBTX to release the rest of the details regarding who did what.
isitjustme
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AG
Love Gun said:

Now waiting on KBTX to release the rest of the details regarding who did what.
I hope the Asst. Chief was the guy who responded to the hand in the face - to me that's self defense. Plus, I'd not like it very much if an Asst. Chief started a fight and then allowed himself to be hit "on and about his head and face multiple times" by some non-cop.

ETA: Rawls doesn't have any visible injuries in the KBTX photo, so maybe my preferred scenario is what happened.
BattleGrackle
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I guess it's just me, but I can't imagine the face toucher being charged with assault. The puncher I can 100% see as an assault.

I have never really understood how "paid administrative leave" makes sense, essentially seem like getting rewarded. Don't come to work and still get paid, sounds great.
fulofenergy
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I know Asst. Chief Rawls pretty well, he's a stand up guy and pretty calm but not afraid to stand up for himself if needed. The instigator would have to had done something pretty egregious to incite that sort of reaction from Wayland.
isitjustme
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https://www.kbtx.com/content/news/Assistant-Chief-Rawls-struck-victim-many-times-according-to-Texas-Ranger-568013671.html?fbclid=IwAR34esvBFxaQq62FjxlV-4_qZZyHbv5j3ePH3osMt9R3RMElqXmoY9vmiYY

New info from KBTX - witnesses say there was no hand to the face and Rawls just punched the guy out. If true, that is very bad for Rawls.
JP76
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If the other guy started the fight like claimed, how come he wasn't arrested and charged with assault?

Does anybody recall if the Rangers investigated back when Morrow had his incident ?
maddiedou
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Here is what I dont understand. I have been any a few fights and not once have or the other fiy ever thought about filing a claim. What happened to just fighting and understand afterwards that you were both stupid and let it go

My advice to my three 22/21/19 sons is always nobody ever wins a fight but if you do ypu may go to jail which i did but i never thought to tell them that they maybe charged for an assault. I just find assault charges stupid when most of the times it takes two to start a fight

maddiedou
EBrazosAg
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Good advice. But .....Sometimes a fight is a one sided assault and there are multiple witnesses who all corroborate it as such with a independent agency investigation. That's a different story, especially if the assaulting side is supposed to be a leader of patrolling officers. What may not be worth sending someone to jail over may be disqualifying for peace officer leadership.
No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. See full Medical Disclaimer.
TDub5
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JP76 said:

If the other guy started the fight like claimed, how come he wasn't arrested and charged with assault?

Does anybody recall if the Rangers investigated back when Morrow had his incident ?


Pretty sure charges are being pressed, and whether he is charged or not, he is not a high profile guy like the Assistant Chief. He won't make the news. This is a non-story without the position of the LEO.
isitjustme
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https://www.theeagle.com/news/crime/bryan-pd-assistant-chief-on-leave-following-arrest/article_aa05a296-538c-11ea-b1c6-1b270f0ba22f.html

More infor from The Eagle, namely that the county attorney's office issued the arrest warrant for Rawls and it is charged as a class A misdemeanor. The rest is fairly consistent with the KBTX report.
maddiedou
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[Posters may discuss what is being released by the media about this subject but we are not going to allow rumors, innuendo, or speculation that starts arguments. Thank you. -Staff]
EBrazosAg
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https://www.kbtx.com/content/news/Bryan-Assistant-Police-Chief-arrested-for-assault-has-prior-assault-conviction-568056761.html
No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. See full Medical Disclaimer.
TDub5
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EBrazosAg said:

https://www.kbtx.com/content/news/Bryan-Assistant-Police-Chief-arrested-for-assault-has-prior-assault-conviction-568056761.html


Oh wow, an assault charge from what can be presumed as his senior year of high school or freshman year of college. Big news!
Mister Mystery Guest
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I was criticized here last night for describing the media's reporting on this topic as being "selective." Add "erroneous" to my description.

Did The Eagle really just use the word "conviction?"

https://www.nealdavislaw.com/blog/criminal-defense/deferred-adjudication-texas
txyaloo
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Mister Mystery Guest said:

I was criticized here last night for describing the media's reporting on this topic as being "selective." Add "erroneous" to my description.

Did The Eagle really just use the word "conviction?"

https://www.nealdavislaw.com/blog/criminal-defense/deferred-adjudication-texas
...deferred adjudication counts as a conviction in TCOLE's eyes.


Straight from TCOLE's rules handbook:
Quote:

Convicted--Has been adjudged guilty of or has had a judgment of guilt entered in a criminal case that has not been set aside on appeal, regardless of whether: (A) the sentence is subsequently probated and the person is discharged from probation; (B) the charging instrument is dismissed and the person is released from all penalties and disabilities resulting from the offense; or (C) the person is pardoned, unless the pardon is expressly granted for subsequent proof of innocence.
Also, deferred adjudication on a Class A misdemeanor (misdemeanor assault causing bodily injury is a Class A) is a permanent disqualification for being a licensed peace officer in Texas unless BPD requested a waiver from TCOLE. I would say that information is relevant to the story.
Mr.Short-termMemory
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It's not a conviction. Deferred adjudication is by definition deferring a finding of guilt, or a conviction.

I think it's currently a 10 year disqualification, but don't know what it was almost 30 years ago when it was relevant to his hiring at Bryan PD.
cslifer
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[Leave the personal remarks out of your posts or the entire post will be removed. -Staff]
Mr.Short-termMemory
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Sorry, it wasn't me that told you anything yesterday.

If it is is CONSIDERED a conviction for TCOLE purposes, there is obviously some form of waiver in place as he's been with BPD for more than a little bit. Also, I'm willing to bet the rules have changed in the past 30 years. It may currently be a lifetime disqualification, does not mean it was back then. I do know the name of the organization has changed. Used to be called TCLEOSE.

Regardless, deferred adjudication is not a conviction. If TCOLE considers it a conviction, it does not make it a conviction for any other purpose.
cslifer
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Sadly wrong again. The Federal government considers it a conviction, see US v Bridges (2014).
US v Ary (2018) is a great opinion on a Texas case that covers this exact subject.
While your CCH won't show a conviction, in many cases it counts.
Mr.Short-termMemory
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I'm not sure you know the definition of "wrong.". Just because it may be "considered" as a conviction does not transform a deferred into a legal finding of guilt for all purposes. The State of Texas does not consider a deferred adjudication a conviction.
new straw
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Can't we all just agree that this guy doesn't need to be in law enforcement? Let's move on. It really doesn't matter what his past says, if he can't hold his **** together at a school event, He probably can't do it in a more stressful situation.
isitjustme
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new straw said:

Can't we all just agree that this guy doesn't need to be in law enforcement? Let's move on. It really doesn't matter what his past says, if he can't hold his **** together at a school event, He probably can't do it in a more stressful situation.
I'm not sure that we can all agree with that. I don't know Rawls, but I do believe in innocent until proven guilty. None of us were there (and if anyone was, please share your version of what happened), but who knows if there's more eyewitnesses that we haven't heard from or if the "victim" will step forward and say he provoked Rawls or if Rawls will step forward and say yeah, I really wasn't provoked, the guy just got under my skin. I don't know because I wasn't there, and I don't care beyond what the truth is.

If Rawls is found not guilty of a misdemeanor b/c of self-defense or whatever, he will still get some kind of official reprimand. But I don't think he should lose his job. If Rawls is found guilty, he should be immediately fired and never work in law enforcement again. But I don't understand this rush to judgement.
txyaloo
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Mr.Short-termMemory said:

I'm not sure you know the definition of "wrong.". Just because it may be "considered" as a conviction does not transform a deferred into a legal finding of guilt for all purposes. The State of Texas does not consider a deferred adjudication a conviction.
The state considers DA conviction in multiple circumstances. I'm sure there's many more, but ones I'm aware of:

TPC 22.01 considers DA a conviction for assault sentence enhancements
TGC 411.171 considers DA a conviction for purposes of LTC licensing
TOC section 53 allows state licensing boards to consider DA as a conviction for the purposes of professional licensing and revocation
TCOLE considers it one for law enforcement certifications

Federally, it's a conviction for immigration purposes.
Mr.Short-termMemory
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txyaloo said:


The state considers DA conviction in multiple circumstances.

This is exactly my point. Thanks.

Deferred adjudication is NOT a conviction. There are limited specific circumstances the State and Federal governments consider it as such, but on its face, it's not a convictions. Thanks for helping me clarify.
Love Gun
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Rawls is out. They let him retire.
AggiePhil
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You don't lose your pension just because you're fired. TMRS retirement benefits do not change based on how you separate.
Fonzie Scheme
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I've known Wayland Rawls for years. I knew him when he was an overnight sergeant. I will admit that I am biased. It sounds like things just got out of hand, which could happen to the best of us. I'll be in his corner until proven otherwise.
TDub5
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I'm close with Rawls as well. He's done a lot for our community and I hate to see him leave Bryan PD like this after all that he has done for it. Hopefully the investigation proves what really happened. I was not there, so I can not speak for what is really the truth. I hope that all parties are held responsible to the truth no matter what it is, but I am rooting for Wayland.
Mister Mystery Guest
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[We made it clear earlier on this thread that we would not allow rumors or veiled innuendo on this forum and you have already had several posts removed for that type of posting. This will be your only short term ban if you continue to post in this manner. -Staff]
Mr.Short-termMemory
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https://www.kbtx.com/2022/06/09/not-guilty-former-bryan-pd-assistant-chief-acquitted-assault-charge/
TommyBrady
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Mr.Short-termMemory said:

https://www.kbtx.com/2022/06/09/not-guilty-former-bryan-pd-assistant-chief-acquitted-assault-charge/


A lot of morons on here need to start their apologies
Mister Mystery Guest
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Not guilty. Told ya. Those were not rumors or veiled innuendo. Those were facts. Since deleted. But facts. Wayland Rawls is one heckuva good guy and most of his critics aren't half the man he is.
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