Archive for November, 2009

Ex-Elgin officer pleads guilty to child pornography possession, jury to determine punishment

Tuesday, November 10th, 2009

Bastrop, Tx–A jury of eight women and four men heard testimony Tuesday relevant to the punishment of a former Elgin policeman who has pleaded guilty to possession of child pornography in 2007.

Orville Roger Miller Jr. pleaded guilty to three counts of a grand jury indictment before 335th District Judge Reva Corbett on Nov. 10 but asked for the jury, selected the previous day, to assess punishment.

The case began May 4, 2007 when another Elgin police officer found a portable digital “thumb drive” attached to a computer in the department’s squad room and tried to determine its owner. According to testimony Tuesday, sexually explicit video images involving children were found both on the portable digital storage device and on Miller’s personal laptop computer.

With no prior felony convictions, Miller is eligible for probation under state law. Prosecutors from the state Attorney General’s Office are seeking a prison term. “This is not a probation case,” the lead prosecutors told the jury in an opening statement Tuesday.

The attorney general’s office was asked to take up the investigation and prosecution because it has a specialized computer crimes section, according to testimony by former Elgin police chief Jack Hensley. Miller was fired shortly after the suspect images were discovered, said Hensley.

Defense attorney Tull Farley reserved his opening statement until the state has completed its presentation of testimony and other evidence.

During testimony Tuesday the jury was shown some video images and other digital material recovered by investigators from computer devices linked to Miller, though those images could not be viewed by courtroom observers, including news reporters. The judge rejected a prosecution request to clear the courtroom during presentation of the video evidence, but she did not allow observers to view the material.

3 robbers hit Dominos in Bastrop

Tuesday, November 10th, 2009

Bastrop, Tx–Three robbers brandishing a knife hit Dominos Pizza in Bastrop close to midnight on Friday and fled with an undisclosed amount of cash. City police are seeking the public’s help in identifying the trio, and a local CrimeStoppers organization is offering up to $1,000 for information leading to arrests, said Police Chief David Board.

Anyone with tips can call 321-5550.

The three are described as black men probably in their 20s. One displayed a knife and demanded cash from the store’s till, said Board. One of them had also covered his face with a red bandana, he said. The men reportedly fled on foot.

A store clerk called for police help at 12:03 a.m. Saturday, and officers were dispatched to the store at 302 Hunters Crossing Blvd., according to public records.

The incident was the fifth armed robbery in Bastrop this year, said Board.

New light shed on Bastrop police sergeant’s resignation

Sunday, November 8th, 2009

Bastrop, Tx–As early as May 2006 Bastrop Police Sgt. Burnis Bobbitt was the subject of a complaint of inappropriate touching “on numerous occasions” by a woman employed in a local business. Bobbitt, who joined the department in October 2005, was subsequently warned to stay outside the store, but because the woman declined to provide a formal complaint no further police review followed until additional complaints surfaced.

But in January 2008 and again in Sept. 2009 further complaints, similar in nature, came to the attention of city police who interviewed witnesses–some of them reluctant ones–and launched formal inquiries. On Oct. 15 this year Bobbitt resigned his post as evening patrol supervisor. He had been suspended with pay on Sept. 9, pending results of the administrative investigation. He is not suspected of criminal wrong doing.

This outline of events emerged last week when city officials released documents related to Bobbitt’s tenure as a Bastrop police officer following a records request under the Texas Public Information Act. The documents do not include some information, including the names of complaining witnesses and where they worked when they encountered Bobbitt while he was on duty, often late in the evening or near closing time.

Still, the city files reviewed by Bastrop-News.com shed light on how police officials became concerned about Bobbitt’s conduct on duty and prepared to take disciplinary action against him, possibly including firing. Bobbitt, 63, resigned before any administrative action was imposed.

Those lodging complaints were women, some still in their teens, who objected to what they perceived as a pattern of unwelcome hugs, verbal comments on their appearance and touching their breasts and buttocks. Most of them seem to have worked in stores, restaurants and bars in Bastrop. Two of the women who gave statements, however, did not object to the sergeant’s hugs. At least eight others were offended and some said they were reluctant to tell him to stop or complain to higher authorities for fear of harassment by other city police officers.

Following the complaints of early 2008 Bobbitt was admonished in writing and reminded of the department’s standards for professional conduct, according to the documents.

But new allegations came to light in early September this year and led to Bobbitt’s resignation last month.

In his own defense, Bobbitt readily conceded he sometimes hugged or was hugged by those he visited while they were at work. Any more intimate contact was accidental or otherwise inadvertent, he said. Bobbitt insisted his behavior was to avoid appearing “stand offish” and to demonstrate that city officers were easily approachable by members of the public.

Whenever Bobbitt appeared where she worked, one witness told investigators, she promptly fled to another part of the establishment until he was gone. Other employees said they were aware of the woman’s reaction and attitude about the sergeant.

One witness told investigators Bobbitt touched her buttocks “at least 15 times” in the previous 12 months. That claim could not be independently confirmed, said one report.

Bobbitt was named the police department’s Employee of the Month for July 2007. Other records show he retired in 1996 after 20 years in the U.S. Army, mostly as a military policeman. Prior to joining the Bastrop force he also worked for police agencies in Bridge City and Nacogdoches. He was also previously employed as an investigator for the Travis County Medical Examiner’s Office and was an insurance fraud investigator for the Travis County District Attorney’s Office.

Bobbitt earned an accounting degree from Stephen F. Austin State University in 1972.

7 years assessed in Smithville case

Friday, November 6th, 2009

Bastrop, Tx–A man pleaded guilty to aggravated assault Nov. 3 in state district court in Bastrop for his role in what police believe was an armed robbery on March 5.
Ruben D. Haywood, indicted in August for aggravaged robbery, pleaded guilty to the lesser assault charge and was sentenced to seven years in prison under a plea agreement with prosecutors by 423rd District Judge Chris Duggan. Haywood was also ordered to pay $15,663 in restitution because of injuries sustained by the victim, George Cameron, who was struck with a shovel.

The judge also ruled that a deadly weapon was used in commission of the crime.