c09-012 Report Uof Redacted

INTER-OFFICE COMMUNICATION

TO:

Joel Moreno, Chief of Enforcement

FROM:

Andy Pena, Captain, Office of Professional Responsibility

SUBJECT:

C09-012 (Aller/Chapman)

DATE:

10-30-09Employee: Agent Christopher Aller #386 Agent-Trainee Jason Chapman #454Enforcement Division Enforcement DivisionFort Worth District Office Fort Worth District OfficeIn compliance with your instructions, I have conducted an investigation and submit thisreport.

SYNOPSIS

In the early morning hours of Sunday, 06-28-09, Agents Christopher Aller and JasonChapman, acting in conjunction with Fort Worth officers, went to three establishments inFort Worth that are licensed under the Alcoholic Beverage Code: The Rosedale Saloonlocated at 150 W. Rosedale, Cowboy Palace located 160 W. Rosedale, and theRainbow Lounge located at 651 S. Jennings. It was reported that the purpose of thisactivity was to detect and take appropriate action regarding criminal conduct oradministrative violations of the state alcoholic beverage laws. In fact, several subjectswere arrested by police for alleged crimes related to intoxication.At the Rainbow Lounge, agents assisted city officers during the arrests of Jose Maciasand George Armstrong, who were charged with Public Intoxication. In addition, agentsbecame involved in a physical altercation with Chad Gibson. During the altercation,Gibson allegedly resisted arrest and was taken to the ground by officers, handcuffedand removed from the bar. Once outside and in the custody of agents, Gibson fell tothe ground and was injured seriously enough to require transport to a hospital byemergency medical technicians. He was charged with Assault-by Contact and PublicIntoxication. These interactions are the focus of this investigation.The agents involved in the operation are also accused of targeting the Rainbow Loungebecause of its largely gay and lesbian clientele. They claimed the police raided the barbecause it was the 40

th

anniversary of the New York Police Department

‘s

raid on apopular Greenwich Village gay bar called the Stonewall Inn.

Page 2 of 75

BACKGROUND

Agent Christopher Aller

Joined TABC on 04-04-04Stationed at Dallas District OfficeTransferred to Fort Worth District Office on 10-15-08

Agent-Trainee Jason Chapman

Joined TABC on 04-01-09

Stationed at Fort Worth District Office

OPR Case No. C2009-009Policy and procedure investigation of Rainbow Lounge incidentAgents Aller and Chapman were accused of violating TABC policy while assistingthe Fort Worth Police Department with the bar inspectionsThe investigation was completed on 07-31-09The allegations against Agents Aller and Chapman were sustainedAgents Aller and Chapman were terminated on 08-29-09

TIMELINE

The following is a timeline by the Fort Worth Police Department of the Rainbow Loungeincident.

First Rainbow Lounge Incident

On Friday, June 26, at approximately 12:45 a.m., Fort Worth Police officers,along with a TABC agent, encountered an individual leaving the RainbowLounge.According to the police report, officers observed this individual attempting tounlock his car in the parking lot. He appeared to be intoxicated. Officers askedhim to return to the bar and find a ride home.The officers and agent left the area to answer calls for service.Thirty minutes later officers returned and found this same individual passed outbehind the wheel of his car in the 700 block of May Street, which is one blockeast of the Rainbow Lounge.On Saturday, June 27, officers attended roll call (3:45 p.m.) at the beginning oftheir shift (4:00 p.m.) where they discussed the arrest of the individual from theprevious night leaving the Rainbow Lounge.During roll call, officers also discussed the Rosedale Saloon and the CowboyPalace as having significant issues with serving alcohol to intoxicated patrons.Based on this discussion, the supervisor (Sergeant Morris) made the decision toconduct premise checks on those three locations that night, which led into earlySunday morning (June 28).

Page 3 of 75

Officers Return to Rainbow Lounge

On Saturday, June 27, at 11:30 p.m., five Fort Worth officers, one Fort Worthsergeant, and two TABC agents met in a nearby parking lot and held an informalbriefing. It was determined that officers would go to the Rosedale Saloon andthe Cowboy Palace first, then to the Rainbow Lounge.A total of five Fort Worth Police marked units, including a prisoner transport van,and one TABC black Ford Crown Victoria was used to go to the locations.On June 28, at approximately 12:14 a.m., officers arrived at the Rosedale Saloonand the Cowboy Palace.One Fort Worth traffic officer arrived in a marked police unit at 12:15 a.m. toassist.There were nine Public Intoxication arrests made. They were placed in thetransport van.At approximately 1:28 a.m., officers and TABC agents arrived at the RainbowLounge. They were in six marked Fort Worth police cars, one prisoner transportvan and one black unmarked TABC unitFive Fort Worth officers, one Fort Worth sergeant, and two TABC agents enteredthe bar.Two Fort Worth officers and one TABC agent went to the back patio andencountered an individual who appeared to be intoxicated. He was escortedoutside to the prisoner transport van, but later released after determining he wasnot a danger to himself or others.A Fort Worth officer returned inside and encountered an individual (believed tobe George Armstrong) next to the steps that lead to the VIP room. According to

the officer‘s observations, this individual

appeared to be intoxicated and had tobe held up by a female friend.The Fort Worth officer directed the subject to sit down due to his condition;however, he refused.The Fort Worth officer attempted to arrest and handcuff him; however, heresisted and a physical struggle ensued. During the struggle, the officer and the

subject bounced off the walls and went through the men‘s restroom door.

At 1:56:48 a.m., the officer called for help over the police radio.At 1:57:01 a.m., the officer called for help a second time over the police radio.The F

ort Worth officer pulled the individual out of the men‘s restroom and placed

him on the floor in the hallway.Backup officers arrived and the individual was handcuffed and escorted outside.

The Arrest of Chad Gibson

TABC agents were seen struggling with

an individual just outside the men‘s

restroom. This individual was later identified as Chad Gibson.

A Fort Worth officer applied an infra-orbital pressure point technique (the officer

used the base of his palm to press upward on the area between Gibson‘s

noseand upper lip) in an attempt to gain compliance from Gibson, however, it wasunsuccessful.

The TABC agents took Gibson to the floor where he was handcuffed and thenescorted outside.