Upate: After the deadline for the print version of Big Bend Sentinel late Wednesday afternoon, the City of Marfa, after consulting with its law firm, emailed revised redactions for the police records that now include the names of those pulled over.
A stop for one bad license plate light resulted in a visit from Roski
By Rob D’Amico
Marfa Police Department records obtained by Big Bend Sentinel show a handful of incidents in which the department’s K-9 dog was brought to traffic stops for drug detection, all of which originated with a minor traffic offense or lack of vehicle requirements. However, the city refused to release the names of the individuals stopped, citing state and federal privacy laws—an assertion the Sentinel will be contesting with the Texas Attorney General’s Office.
Police Chief Gilberto Carrillo said the four records released consisted of dates from August 17 to November 10. The last record released was on October 26. Those records did not include another use of the K-9, Roski, related by a source that occurred on November 11.
“Failed to Signal Required Distance Before Turning” was cited as the reason for a stop on two of the records. Both drivers were given warnings for the offense but nevertheless were questioned about having drugs, and eventually Roski was brought in by its handler, Officer Kelsey Flores, to check the vehicles. No contraband was found in any of the stops, although one report noted a charge of possession of drug paraphernalia.
The Sentinel previously ran a story with a source—a Fort Davis resident who asked to be unnamed for fear of retaliation—who said they were stopped for not using their turn signal soon enough before making a right off of Highland Avenue onto Oak Street. A record of that stop shows that it was on September 6 at 10:22 p.m. After being questioned by Officer Flores on whether they had drugs, to which they replied no, the officer brought in Roski for drug detection, according to the source. The dog alerted for drugs and officers proceeded to search the car, but no drugs were found, they said, which the record also reflects.
Another source, who also requested to be unnamed to initially try and resolve their complaint to the police department, said they were pulled over the evening of November 11 near their Marfa house for one of their two license plate lights being out. The driver also was questioned about drugs and refused consent to search their vehicle, at which point Roski was brought in, did not alert, and no search was done. That incident was not included in the records released because it was after the documents were prepared for the Sentinel, according to Police Chief Gilberto Carrillo.
The incident highlights another problem with the records release. The driver was given a warning for the bad license light by another officer at the scene, and that officer likely would have filed a report on it, not Flores. Carrillo said the records released only were for incidents reported by Flores, so it’s unclear how many reports involve Roski, aside from the four released.
In another “Failed to Signal Required Distance Before Turning” stop, the record shows the driver—an Alpine resident—gave consent for a vehicle search, yet it also shows Roski used and alerting for drugs. No contraband was found in the search. The other two records show stops for speeding (47 in a 40) and disregarding a stop sign, the former a Marfa resident and the latter from Fort Stockton. Roski alerted on both vehicles, which were searched, with the drug paraphernalia found in the speeder’s car.
The Sentinel intended to contact the drivers in these records for more information on their stops, but their names were redacted under the direction of Teresa Todd, former Marfa city attorney and currently under contract by the city for legal help. In a series of emails, Todd maintained that Section 730 of the Texas Transportation Code requires redaction of names and other information acquired from the Department of Motor Vehicles. That law—the Motor Vehicle Records Disclosure Act—was intended to protect the privacy of individuals from marketers looking to monetize data, identity theft and those seeking to harm individuals. It protects data on names, addresses, license plate numbers and driver’s license numbers. (Todd also cited similar protections under the federal Driver’s Privacy Protection Act.)
Todd wrote that because the information used in police reports came from driver’s licenses from the DMV, that information had to be redacted. The Sentinel asserted that the reports are still covered by the Public Information Act (PIA), which makes the names public. By the city’s rationale, jail records, arrest reports and other police reports, as well as municipal court records—all public under PIA but with information likely from driver’s licenses—could face redactions of names, something that would gut the PIA and throw government and court actions into the realm of secrecy.
Todd wrote that the Sentinel did not provide any information that it meets exceptions for use of DMV records listed in state code.
Todd did not comment on the city of Alpine’s Municipal Court website, sent to her in an email, which lists dockets of names for individuals cited for traffic violations or minor crimes—all complete with the defendants’ full names and addresses that likely originated with a driver’s license. The Sentinel has requested information from the Marfa Municipal Court, since the records with Roski include citation numbers. However, the court clerk noted that those PIA requests would have to go to Todd for review.
An attorney with the Freedom of Information Foundation of Texas, Bill Aleshire, reviewed the issue and said the names clearly should be public because they are part of a police report—regardless of where the initial information came from.
Todd said she is seeking further guidance from the law firm contracted by the city. The Sentinel will seek guidance from the Texas Attorney General’s Office.
Carrillo declined to comment on the specifics of the records released. Mayor Manny Baeza did not return requests for comment by the Sentinel’s press time.