Midlothian Police Department CID

Assessment
T2 Professional Consulting: Vision, Mission, & Core Values
We see a world where public and private organizations continuously pursue excellence through
effective resource utilization and strong people engagement.

We exist to provide solutions based on research and ethical standards that are inspired by
innovation and refined with the wisdom of experience.

Our mission and vision are supported by a foundation of core values that include Servant
Leadership, Integrity, Partnerships, Service, and Value-driven Results.

Chief Mike Wilson (Ret.) Chief John P. Bevering (Ret.)

Principal & Chief Executive Officer Associate

www.t2professionalconsulting.com

Confidential Work Notice

Pursuant to Section 6 “Confidential Work” of the “Professional Services Agreement For the City
of Midlothian, Texas” between the City of Midlothian and T2 Professional Consulting: No reports,
information, project evaluation, project design, data or any other documentation developed by,
given to, prepared by or assembled by Professional under this Agreement shall be disclosed or
made available to any individual or organization by Professional without the express written
authorization of the City.

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 Executive Summary
T2PC was engaged to conduct a comprehensive assessment of the City of Midlothian Police
Department’s investigative processes and procedures. T2PC employed a mixed-methods approach
including reviews of department general orders and procedures, selected investigative cases, and
conducting interviews with internal stakeholders. The purpose of this review was to assess the
administrative, operational, and human system components of this policing function. Our findings
revealed a strong appetite for improvement and a consistent, shared realization that the City of
Midlothian Police Department’s Investigative function, in some cases, performed far below a
satisfactory level for its community. Regrettably, our assessment revealed a myriad of deficiencies,
inefficiencies, ineffective procedures, and misalignment between the systems listed above within
the organization. This report details the findings and provides recommended action items to
address the areas of deficiencies identified.

Table of Contents
T2 Professional Consulting: Vision, Mission, & Core Values ........................................................1
Confidential Work Notice ................................................................ Error! Bookmark not defined.
Executive Summary ....................................................................................................................2
Engaement History & Scope of Work ..........................................................................................2
Midlothian Police Department (CID) Review ..............................................................................3
Summary Findings ......................................................................................................................4
Significant Considerations ........................................................................................................15
Conclusion and Recommended Action Plan ..............................................................................16
Biographies...............................................................................................................................17

Engagement History & Scope of Work

T2 Professional Consulting (T2PC) was engaged by the City of Midlothian on November 16, 2023,
to conduct a comprehensive evaluation and assessment of the Police Department’s investigative
function that began on December 4, 2023.

This report consists of four (4) sections: Comprehensive Review of the Midlothian Police
Department Criminal Investigation Division, Summary Findings, Significant Considerations, and
Recommended Action Plan. The Comprehensive Review consisted of a review of the police
department’s associated investigative and case management policies and procedures, internal
reporting and controls, case audits, and review of processes surrounding a particular case involving
Investigator O’Briant (now retired). Additionally, members of the Police Department leadership
team and members of the Criminal Investigation Unit were interviewed regarding processes and
procedures of the Midlothian Police Department.

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The Summary Findings assessed the three (3) functions within the organization – Administrative
function, Policies and Procedures; Operational Function, how the Policies and Procedures were or
were not applied; and, Human function, the behaviors of team members performing their assigned
job tasks as it relates to this assessment.

Lastly, the Action Plan will provide recommended steps to enhance performance, accountability,
and mitigate opportunity for unwanted outcomes occurring if the steps are incorporated.

Midlothian Police Department (CID) Review

We began our assessment with the review of an external complaint communicated to the City of
Midlothian City Council concerning a criminal allegation and the subsequent investigation by the
Midlothian Police Department.

The following is a synopsis of the external complaint lodged with the City of Midlothian City
Council:

The incident began with female juveniles reporting they observed a male juvenile masturbating
while watching a movie in class at a middle school. This incident occurred on May 15, 2023, and
was assigned to Investigator O’Briant, who at the time worked on most juvenile cases. Over the
course of this investigation, complainants reported experiencing lack of engagement, follow-up,
and communication by the police department regarding the status of the investigation.
Additionally, complainants noted the lack of accountability and the conduct of leadership members
when this complaint was brought forward requiring the complainants to escalate their concerns to
the Office of the City Manager and City Council. (Please note the complaint also listed conduct
complaints regarding other city leadership; however, for this assessment we focused on the
Midlothian Police Department as detailed in the scope of work for this project.)

In addition to reviewing the complaint, we requested and were provided with the following
information:

• Midlothian Police Department Policy Manuel

• Midlothian Police Department Organization Chart
• Midlothian Police Department Patrol Staffing Study – Please note the agency has
not completed a study of the Criminal Investigation Function.
• Midlothian Police Department Accreditation documents
• Midlothian Police Department TMPA Survey results
• An example of a Midlothian Police Department Support Division weekly report
• IA File – relating to the external complaint above.
• Case review of the case listed above conducted by the Ellis County Sheriff’s Office.
• Chief Smith’s timeline of events involving the case mentioned in the external
complaint.
• Draft of TPCA Best Practice Policy 7.40 Investigations
• Draft of new Policy 610 Case Management

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 • IA Registry Master List 2017-2021
• Formal Complaint Registry 2017-2021
• Statement of Complaint form
• Complaint Process Flowchart
• Copies of Text Messages regarding the aforementioned complaint.

It is important to note, our assessment was not from the perspective of determining whether the
case should have been prosecuted or not, but from the perspective of timelines, procedures,
processes, and tools engaged to ensure the appropriate investigation and management of cases.
Following the case review, Midlothian Police Department Policies were applied to assess whether
the policies and procedures were effective. A review of adopted technology and tools was also
conducted to identify any role they may have played in the outcome of investigations. Lastly, we
looked at the behavior of leadership and involved team members and how their behavior may have
impacted effective case investigation and management.

Members of the Midlothian Criminal Investigation Division and Leadership team were
interviewed concerning policies, processes, and outcomes associated with the criminal case listed
above, as well as other cases investigated by the unit, and how cases are managed within the unit.

Summary Findings
Reviewing the Midlothian Police Department investigative function, several factors stand out as
contributing to the failures of certain incidents, and the policies and procedures within the Police
Department. This summary will identify those factors and those contributing factors.

In this review we assessed the three (3) functions within the organization – Administrative
function, Policies and Procedures; Operational Function, how the Policies and Procedures were or
were not applied; and, Human Function, the actions of team members performing their assigned
job tasks.

ADMINISTRATIVE / OPERATIONAL FUNCTION:

There is policy misalignment within the organization. In reviewing Midlothian Police Department
Policies, we observed significant deficiencies around case management and clear direction as to
how cases would be tracked, reviewed, and roles of responsibility as to who would conduct the
case reviews. Additionally, areas of policy were found to be ineffective, not followed, or non-
existent that contributed to the outcomes that led to this assessment.

Concern #1
The Midlothian Police Department lacks a formalized policy or procedure concerning case
management. Assigned cases are not reviewed periodically by a supervisor as to how many cases
are actively being worked on or assigned to an investigator. There is no review as to how long
cases have been open or assigned to an investigator or what actions have been taken on those cases.

Midlothian Police Department has a directive within their Sexual Assault Investigations policy
(601.8) for Case Review. The policy states, “The Criminal Investigations Supervisor should
ensure cases are reviewed on a periodic basis, at least annually, using an identified group that is

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independent of the investigation process. The reviews should include an analysis of: • Case
dispositions. • Decisions to collect biological evidence. • Submissions of biological evidence for
lab testing.”

This annual review is acceptable for sexual assault type cases for determining if these cases are
being coordinated and effectively prosecuted. The department does utilize the Ellis County Child
Advocacy Center with their Multi-Disciplinary Team for these assessments, but it is not clear if
an annual report is being completed. The SART or Multi-Disciplinary Team and/or victim
advocates should be considered for involvement in this audit. Summary reports on these reviews
should be forwarded through the chain of command to the Chief of Police

This review is only stated in the Sexual Assault Investigation policy and is not applicable to day-
to-day case assignment for all other types of cases. The lack of active monitoring of investigators
cases, number of cases assigned, case activity and performance, and how long cases are open is a
concern to us. This review should be conducted at least monthly to ensure that cases are not
forgotten, investigators are completing case supplements, and investigators are following up on
investigations as required.

In our interview with Commander Stewart, he laid out his process for tracking case progress
through his weekly staff meetings, which he incorporated when he assumed the CID command
role. Additionally, Commander Stewart shared with us how he goes about submitting a weekly
Support Division Report to Chief Smith. We were subsequently provided with the Support
Division Weekly reports when we requested them. The weekly Support Division Reports,
submitted to Chief Smith, provides an activity report as submitted by the investigator, along with
the activity of other units within the Support Division.

In our interviews with members of the Criminal Investigations Unit, we learned that each
investigator has their own system for tracking case tasks and progress and understanding of
expectations within the unit. We did not observe a standardized process. Investigators were asked,
what expectations or standard are you held to regarding your case management? We received the
following responses:

• All investigators advised their approach is customer based and centered. One investigator
described this in the following way: “Big cases, get to them quickly, lower priority give a
day or two”. The investigator indicated there were no Standardized Operating Procedures
or requirements laid out in policy. The investigator added the unit does not use a case
solvability methodology in prioritizing cases. This investigator described using an excel
spread sheet to track what has been completed for the case and what is outstanding.

• A second investigator described the customer-based approach as making attempts to

contact the complainant/victim as often as possible. The investigator added there are no
checks and balance to confirm follow-up is being done that they are aware of.

• A third investigator described the customer service approach as making contact with
victims every couple of weeks no matter what the case is. This investigator utilized the
notes section in CRIMES case management to document their activity.

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The weekly staff meetings incorporated by Commander Stewart provides good support for the
unit’s members as it promotes collaboration and provides a platform for group problem solving;
however, these meetings do not provide the level of follow-up needed to ensure appropriate
monitoring of cases. The utilization of the Support Division weekly reports to the Chief of Police
shows the division’s activity, but again, is not followed-up on to ensure the work is being
completed or not.

~Summary~

It should be noted that during this assessment, Chief Smith advised that a new Case Management
Policy had been drafted, Policy 610, to address identified deficiencies discovered during the
department’s review of the aforementioned case. Draft policy 610 Case Management was provided
to us at our request. At the time of this report, the policy was still under review and had not yet
been adopted. We reviewed the policy and would encourage Chief Smith and his leadership team
to consider the following prior to adoption:

610.3 (f) When cases are reviewed, and it is determined that no investigation will be
productive unless additional pertinent information is developed, the case will be
maintained by the assigned detective for six (6) months before being suspended.

Non-workable cases, with no new leads, should not be maintained by the investigator for six (6)
months before being suspended. When cases have been fully investigated and no new leads are
being discovered, cases should be properly disposed of and suspended at thirty (30) days. When
new leads are found, the case can then be reopened and investigated further. By keeping non-
workable cases with the investigators for six (6) months, there is the opportunity for these cases to
be forgotten in lieu of cases they are currently working on and could lead to further issues with
caseload management.

610.3.4 (b) On a quarterly basis, the Division Commander will: 1. Review the disposition
of cases using available information. On cases where dismissal or rejection of filing is
identifiable, the supervisor of the detective responsible will review the case for the purpose
of identifying and correcting existing deficiencies. 2. Review the open cases of the
detectives and verify proper case prioritization and time management is occurring.

Reviewing cases on only a quarterly basis could create an issue for a supervisor to stay current on
an employee's work product and how effectively they are completing their tasks. The review
process of case management does not require a lot of effort. It involves a review of current
caseload and the work product of the investigator through the observation of case outcomes and
engagement with the investigator to determine status, issues, and concerns for outstanding cases.
We would suggest that this review is completed by the CID Sergeant every thirty (30) days. The
CID Sergeant, as the direct leader in the unit, should have a role in case management and the status
of his/her subordinate's work product. The quarterly reviews, by the Division Commander, are
appropriate to ensure the systems within the unit are functioning effectively, congruent with the
mission, vision, and values of the organization, and leading to the desired outcomes of the
department.

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 610.3.5 PRELIMINARY INVESTIGATIONS BY PATROL OFFICERS
(a) An officer assigned to investigate a call for service shall be responsible for the
completion of a preliminary investigation.
(b) An officer assigned to a follow-up investigation is responsible for the completion of
the investigation.

This section of the policy must be expanded if the department desires to follow Texas Best
Practices Accreditation standards. This should be more than just a statement that patrol officers are
responsible for conducting preliminary investigations. It should include what steps are taken, such
as ensuring an offense has been committed, securing the scene, interviewing the complainant and
witnesses, collecting physical evidence (or arranging for the collection), and writing a report, etc.
Sample model policies are available on the Texas Police Chief Association website under policy
7.40. It should be noted Chief Smith has a copy of this policy as he provided it to us during this
assessment.

Concern #2
There was a lack of supervision within the Criminal Investigation Division (CID) not monitoring
the activity levels and case management requirements of their subordinates. Midlothian Police
Department directive 320.3.2 lists supervisor responsibilities. “Supervisors and managers are
required to follow all policies and procedures and may be subject to discipline for: (a) Failure to
be reasonably aware of the performance of their subordinates or to provide appropriate guidance
and control. (b) Failure to promptly and fully report any known misconduct of a member to his/her
immediate supervisor or to document such misconduct appropriately or as required by policy.”

Over the past three (3) years, the Criminal Investigation Division has experienced leadership
transition. A new Support Services Commander was assigned over the unit and shortly after his
appointment, the division went eleven (11) months without a Sergeant to oversee and provide
accountability in the Division. During this time, the Support Commander with the assistance of
the CID Corporal handled those duties in addition to their other duties.

To fill the open Sergeant Boyd was selected for the CID position. Prior to being assigned to CID,
Sergeant Boyd was assigned to training and had limited experience leading an investigative team.
Upon Sergeant Boyd’s assignment, the Property and Evidence Technician was put on
administrative leave for eleven (11) months. During that time, Sergeant Boyd assumed the duties
and responsibilities of the Property and Evidence Technician/Custodian. This took approximately
twenty (20) hours of his forty (40) hour work week to perform these duties. In addition to those
duties, Sergeant Boyd continued to fulfill his role on the Special Response (SWAT) team, Bicycle
Unit, and the Warrant Team. Because of the extra assigned duties in Property and Evidence and
his accessory duties, Sergeant Boyd did not have time to effectively manage the Criminal
Investigations Division. (The department has recently hired a new Property and Evidence
Technician, and the Sergeant is currently training that individual.)

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 ~Summary~

It is recommended that supervisors overseeing a particular division have limited accessory duties
so that the supervisor can devote the time and attention required to ensure the personnel in that
division are performing their duties to their potential and accountability is taking place.

Concern #3
The Midlothian Police Department has a policy concerning Performance History Audits (#1028).
“Performance history audits can help identify commendable performance as well as provide early
recognition of training needs and other potential issues.” The policy further states, the Professional
Standards Division is responsible for collecting performance indicators and other relevant data to
generate quarterly performance history audit reports that will be provided to the appropriate
Division Commander. The Professional Standards Division Commander should forward a copy of
each performance history audit report to the City Attorney for review and retention as attorney
work product and confidential personnel information.

The Midlothian Police Department has engaged in early intervention tools historically. Currently,
the department utilizes Benchmark Analytics to track performance and is designed to trigger if
certain trends are detected based upon criteria determined by the Chief of Police. Prior to
Benchmark Analytics, the department utilized Guardian Tracking, which is a similar tool.

During our assessment, we determined that although the early intervention system is being used,
it has not been used effectively. With Guardian Tracking, events were not categorized properly
and therefore events were not followed up on. In review of the Midlothian Police Department’s
Formal Complaint Registry from 2017-2021, we observed two performance indicator types
identified in Midlothian Police Department Policy 1028.4.1 that had not been entered into
Guardian Tracking in several instances: Personnel Complaints Including the Findings; and
Personnel Investigations. A common omission were complaints referred for Internal Investigation.
The common entry into the registry under the column indicating entry into Guardian Tracking was
“N/A”. Most recently, a verbal counseling session with Investigator O’Briant by Commander
Stewart on June the 14th or 15th of 2023 was not entered into the Benchmark Analytics system.

Considering Investigator O’Briant’s handling of the case, the department conducted an

audit of Investigator O’Briant’s cases. This was conducted by Sergeant Boyd and consisted of a
random selection of ten (10) cases from 2021 and 2022. Sergeant Boyd observed that O’Briant
did his due diligence in higher-level offenses; however, in lower-level offenses he did not
necessarily make the appropriate investigative efforts to try to resolve the cases.

In reviewing the cases left open by O’Briant when he retired. Sergeant Boyd observed in eight (8)
of the cases he had never documented any actions taken, there were no supplement reports or
investigative notes. In some cases, where some work was done, he just stopped working the case.
Examples include a case where a warrant was “drafted” but never signed. Other cases had suspects
identified but warrants were never written. Sergeant Boyd reported in his findings that the open
cases were reassigned to other investigators, and several had already been cleared.

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The City Attorney was asked if he had been receiving Performance History Audits to review and
retain, as noted in policy. The City Attorney advised he is consulted for issues concerning
personnel issues resulting in disciplinary actions or pending disciplinary actions, but he advised
he has never received an audit for review and retention. Again, this shows a pattern of
misalignment of departmental policies versus departmental practices.

~Summary~

It is not necessary for the City Attorney to review and retain all Performance History Audits. Some
of the audits may reveal no issues with policy, training, or the attendance, performance, or conduct
of the team member. The proper engagement of the early warning tools and application of policy
can assist leadership in recognizing and addressing attendance, performance, and conduct issues
before they become a larger issue impacting the organization, city, and community.

Concern #4
The department failed to hold supervisors and command staff accountable for the lack of
supervision and/or behavior displayed as it related to the performance of the criminal investigative
process and the case. The department has several policies in place that were not followed
or were violated concerning the actions of supervisors, command staff, and Chief of Police. It
should be noted that when meeting with Chief Smith, Commander Stewart, and Sergeant Boyd all
were quick to accept responsibility for roles they played around the outcomes of the case
and criminal investigative function of the police department.

While meeting with Chief Smith, he acknowledged that he understands how the family
could feel the appropriate value was not placed on their daughter’s case and how this could have
demonstrated a lack of dignity and respect for their daughter and family. Chief Smith added that
he had a longstanding personal and professional relationship with Mr. , and he could also
see how his lack of interaction could have driven some of those feelings as well.

When asked about the interaction with Mr. employer that led to the subsequent complaint
by Mr. regarding Chief Smith’s “retaliation,” Chief Smith advised that he had a long-
standing relationship with Chief (Mr. Supervisor) and had sought his advice as to
how he and Mr. could discuss his daughter’s case and come to resolution around Mr.
concerns. Chief Smith stated he chose to contact Chief due to Mr. not
talking to him and bypassing his office taking his complaint to the City Manager’s Office and City
Council.

Chief Smith indicated he and Chief engaged in a telephone discussion, and we were
provided with the following text message exchanges between Chief Smith and Chief ,

‘Chief Smith – “You calling balls and strikes?”

Chief – “Sorry man. I was in the office arguing. What’s going down?”

Chief Smith – “Just need some one on one time with you, some advice”

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 Chief – “You bet. I have people in the car with me now, Can I call you later?”

Chief Smith – “Yes sir, I have an open afternoon”

Chief – “Perfect”

Chief – “I just spoke to . I made it clear that you wanted to talk and that
any inaccurate statements may result in a complaint from you. He said he understood but
did not want his boss acting as an intermediary in a private matter (which I get). He’s
pretty upset brother and don’t know the he’ll call.”

Chief Smith – “I spoke with the ADA to confirm my understanding and will move forward
with my complaint if he continues to misrepresent any facts”

Chief – “10-4”

When asked about the basis of the complaint regarding Chief Smith’s “threats”, he indicated Mr.
was sharing comments allegedly made by the District Attorney’s Office with members of
the City Council. We inquired if Mr. was sharing misinformation around an alleged
comment made by a member of the District Attorney’s Office, would that not have been a matter
for the District Attorney to address? His attempt to engage with Mr. was not the issue with
contacting Chief ; however, his final message, “I spoke with the ADA to confirm my
understanding and will move forward with my complaint if he continues to misrepresent any facts”
could have easily been construed as a threat even if that was not his intent.

During our interview with Commander Stewart, he acknowledged that he is responsible for the
actions of his subordinates and their quality of work. He was meeting with all the investigators
weekly and believed the actions and reports he was receiving from Investigator O’Briant during
those meetings were being accomplished, however he nor Sergeant Boyd ever verified the verbal
reporting provided. Both assumed, due to the experience of Investigator O’Briant and his previous
work product, the follow-ups, family updates, and supplements were being conducted.

A good example centered around the meeting Commander Stewart and Sergeant Boyd had with
Investigator O’Briant on June 14th or 15th following Mr. contacting Chief Smith about a
lack of communication around their case by Investigator O’Briant. Investigator O’Briant was
ordered to provide updates to the family around the case. This incident was not entered into
Benchmark Analytics, and it was not until August 25, 2023, that a documented Verbal Warning
was entered by Sergeant Boyd. When asked how they monitored and followed up to ensure that
Investigator O’Briant was communicating with the family, Commander Stewart indicated
shortly after the June meeting, Investigator O’Briant showed text message communication with
Mr. . At that point, Commander Stewart assumed the performance issue had been resolved
and there was no other follow-up. It was not until Chief Smith notified him of another complaint
in August by the family, he realized Investigator O’Briant had not continued his
communication with the family as ordered. Based on this, Commander Stewart instructed

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Sergeant Boyd to make the entry into Benchmark Analytics and an Internal Complaint was brought
forward by Chief Smith for an Internal Investigation into the Incident ( ).

Shortly after Sergeant Boyd was assigned as CID Sergeant, the Property and Evidence technician
was placed on administrative leave. As a result, Sergeant Boyd was assigned the Property and
Evidence Technician/Custodian duties in addition to his duties as CID Sergeant. Commander
Stewart, realizing the amount of work Sergeant Boyd was now tasked with, took over some of
Sergeant Boyd’s responsibilities. However, by failing to ensure that all investigators were
completing their assignments efficiently, the incident and several other cases assigned to
Investigator O’Briant have come into question.

In our review of the Midlothian Police Department’s Policy Manual, we observed that
expectations, roles, and responsibilities for team members and leadership are clearly
communicated. The following policies address the lack of supervision, accountability, and
behavior detailed in the summary below.

1033.3 GENERAL EXPECTATIONS - (a) Each individual employed by the Midlothian

Police Department is expected work diligently to accomplish tasks assigned to them by
function (job description) or by request and will complete assigned tasks in a
professional manner. (c) Each member will avoid being intentionally brusque, curt,
rude, or terse with … other citizens who seek assistance from Midlothian Police
Department. (d) Members of Midlothian Police Department will not be demeaning,
insulting or abusive to anyone.

1033.8.2 SERGEANTS - (a) Sergeants, as well as non-sworn supervisory staff must also
embrace the Department’s Vision and Mission objectives and work to ensure that
officers under their supervision operate within the guidelines of mission objectives as
well as ensuring that the safety and needs of our citizens are paramount during their
tour of duty. … (d) Sergeants shall be held accountable for the actions, work product
and welfare of officers assigned to their watch. Vicarious liability does not discern
whether a supervisor was present or had knowledge of an event; it holds that supervisor
accountable for what they should have known. The best insulation against this liability
is to create an atmosphere of professional law enforcement and public service based
upon current law and authorized policy and procedure.

1033.8.3 COMMANDERS - (a) Commanders have tremendous authority and

responsibility associated with their assignments. They have been entrusted to ensure
that Midlothian’s Vision, Mission, Goals and Objectives are imprinted upon the
officers assigned to their divisional responsibilities. Commanders are expected to
ensure every level of supervision under their command adhere to the principles and
concepts established in law and policy issued by Midlothian Police Department. (b)
Commanders will be held accountable for the efforts of the officers assigned to their
Division. They are responsible to ensure that each watch or unit is working to fulfill
mission objectives on a daily basis. (c) Commanders are expected to hold their
assigned Sergeants accountable for the quality of work produced by officers under their
authority. This will be accomplished through personal observation and interaction with

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 assigned staff, statistical review of activity produced by assigned staff, and review of
submitted work on a basis that facilitates confidence that standards are being met and
or exceeded.

320.3.2 SUPERVISOR RESPONSIBILITIES – Supervisors and managers are required to

follow all policies and procedures and may be subject to discipline for: (a) Failure to
be reasonably aware of the performance of their subordinates or to provide appropriate
guidance and control. (b) Failure to promptly and fully report any known misconduct
of a member to his/her immediate supervisor or to document such misconduct
appropriately or as required by policy.

320.5.8 PERFORMANCE – (e) Disparaging remarks or conduct concerning duly constituted

authority to the extent that such conduct disrupts the efficiency of this department or
subverts the good order, efficiency, and discipline of this department or that would tend to
discredit any of its members.

320.5.9 CONDUCT – (f) Discourteous, disrespectful … treatment of any member of the

public …. (m) Any other on- or off-duty conduct which any member … reasonably
should know is unbecoming a member of this department, is contrary to good order,
efficiency, or morale, or tends to reflect unfavorably upon this department or its
members.

Midlothian Police Department directive 320.5.7 describes efficiency as also relating to supervision.
Depending on the orders given or work assignments assigned to the supervisors of the Criminal
Investigation Division, their lack of maintaining an understanding and accountability of their
subordinate Investigators work progress is an issue regarding this review.

320.5.7 EFFICIENCY - (a) Neglect of duty. (b) Unsatisfactory work performance

including but not limited to failure, … inefficiency, or delay in performing and/or
carrying out proper orders, work assignments, or the instructions of supervisors without
a reasonable and bona fide excuse.

~Summary~

Sergeant Boyd lacked the initial training for assuming the role as a supervisor over the Criminal
Investigations Division. The additional duties placed on him in this new role did not help him
assimilate into this new position. He failed to properly supervise and ensure those under his
command were properly accomplishing their duties. This could either be because he lacked
experience or resources, or because he did not have the time to properly supervise those under his
command.

Commander Stewart failed to properly ensure Sergeant Boyd would be able to manage the
Criminal Investigations Division. By underestimating the amount of time, the Property and
Evidence roles would take away from his ability to perform his duties, he failed to address the
needs and goals of the department and unit. Assuming the duties of Sergeant Boyd, because of the

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additional duties, he also failed to properly supervise and ensure the investigators were efficiently
and effectively completing their assigned duties.

Chief Smith failed to view Mr. from the appropriate perspective, as a father and community
member, rather than a law enforcement official. Additionally, it is still not clear why Chief Smith
felt it necessary to communicate an intent to bring forward a complaint against Mr. with
his employer for misrepresenting information allegedly received from a member of the District
Attorney’s Office to members of City Leadership. In this context, the impacted agency is the
District Attorney’s Office; therefore, one would think if a complaint was to come forward it would
be generated by someone within their office and not Chief Smith. Based on the factors around the
incident, the text message, regardless of intent, Chief Smith demonstrated poor judgement
in our opinion. The optics around Chief Smith’s actions do not appear to uphold the values of the
position, or the agency based upon the stated mission and values of the Midlothian Police
Department and its adopted policies.

Regarding the performance of the Criminal Investigation function of the agency, the Chief of
Police is tasked with ensuring the mission, vision, and values are upheld and adopted policies
adhered to and applied equitably. As such, a significant concern regarding this review is with the
extensive failures around the case and other cases identified through the agencies audit of
Investigator O’Briant’s cases, limited accountability, the identified misalignment of policies with
practices, and identified policies that have not been followed. To quote excerpts from Midlothian
Police Department Policy regarding expectations of supervisors, “Vicarious liability does not
discern whether a supervisor was present or had knowledge of an event; it holds that supervisor
accountable for what they should have known”. This also applies to the Chief of Police.

HUMAN FUNCTION:

There are several issues pertaining to the actions of team members performing their assigned job
tasks. While conducting interviews with departmental employees we observed several issues
concerning how tasks and duties are conducted and the workload assignments within the Criminal
Investigation Division.

When asked about the work of Investigator O’Briant, Commander Stewart indicated that
Investigator O’Briant was a very competent investigator who had been recognized for his work
and the cases he was able to bring forward for successful prosecution. Commander Stewart shared
that Investigator O’Briant had been going through a stressful personal matter. Outside of the
incident detailed in the complaint, Commander Stewart advised Investigator O’Briant had also
failed to respond to a CID call-out involving a deceased individual, which in hindsight could have
been attributed as a symptom of the increased personal stress. Commander Hicks further reported
a lack of engagement and follow-up by Investigator O’Briant on a case involving the former
Superintendent of the school district, which Commander Hicks inquired about.

It is apparent that Investigator O’Briant made this case secondary to his other cases. Investigator
O’Briant did not place the appropriate value on the case, which could lead the family to
feel they were not treated with dignity and respect by the Midlothian Police Department.

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Concern #1
As stated previously, Sergeant Boyd, upon being assigned over CID also became the Property and
Evidence Technician/Custodian. These additional duties consumed approximately twenty (20)
hours of his forty (40) hour work week. In addition to those duties, Sergeant Boyd also participates
in the Special Response (SWAT) team, is a Bicycle Officer, and serves on the Warrant Team.

~Summary~

These accessory duties and responsibilities did not leave time for Sergeant Boyd to effectively and
efficiently supervisor his personnel. Supervisors overseeing a particular division should have
limited accessory duties so that the supervisor can devote the time and attention required to ensure
the personnel in that division are performing their duties to their potential and accountability is
taking place.

Concern #2
Criminal Investigators have accessory duties that take time away from their primary assignment
to work other details within the department. Investigators are required to perform duties with
School Security during drop off and pickup times that take them away from investigative
assignments. One Investigator is also performing the duties of an administrative assistant in
addition to their assignment requiring them to correlate and disseminate lab reports, compile
statistics, and create warrant lists. Another Investigator is responsible for TLETS training due to
having experience in Communications outside of their assignment. And, yet another Investigator
is responsible for Sex Offender registration and checks.

~Summary~

It is recommended that these accessory duties be reassigned to other areas within the department.
If additional school security is needed, traffic officers or patrol officers could be assigned to those
locations. The department should consider hiring a civilian staff member to perform
administrative assistant tasks. TLETS training should be conducted by members current in those
duties as TLETS / TCIC / NCIC requirements change periodically and should be kept up to date
with the latest training and information, preferably with someone in the Communications Division
such as the Terminal Agency Coordinator (TAC). The department has a part-time investigator
who assists with cases. That individual has already assumed some of the Sex Offender registration
duties and that should continue. Depending on the amount of time available, that person could
assume some of these other accessory duties.

Concern#3
Over the past three (3) years, due to shortage of supervisory personnel and other administrative
issues within the Support Division, Commander Stewart was forced to assume additional roles
serving as the direct leader, in many cases, in the Criminal Investigations Division. His additional
duties, as it relates to being a Division Commander, negatively impacted his ability to effectively
oversee and manage the case assignment and review process.

~Summary~

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Without a Sergeant in place, Commander Stewart asked the CID Corporal to take on additional
duties relating to case assignment and review, which was outside the Corporal’s positional scope.
Based on interviews with leadership, the Corporal position was historically associated with
training within the unit. It is unclear whether the Corporal understood the duties around effective
case assignment and review due to the deficiencies within policy relating to these areas of
responsibility.

Significant Considerations
Consideration #1
The department lacks a formalized structure either through policy or practice in tracking the
effectiveness and efficiency of its investigators. The department utilizes the CRIMES Records
Management System. This software lacks reporting capabilities to effectively track the progress
of investigators’ cases and if they are effectively contacting victims and their follow-up case work.

The department must work with the management team of CRIMES Records Management System
to ensure that reporting and programing changes are made within the system to allow supervisors
to review, update, and hold Investigators accountable for their case management.

Consideration #2
The caseloads of the investigators appear to be manageable, and investigators are not overwhelmed
except for the Crimes Against Persons and the Juvenile Crimes investigators who carry a heavier
caseload than the other investigators. These types of crimes require more follow-up investigation
and based on workload assessments of other agencies; these two positions could use additional
help to effectively manage those caseloads.

Consideration #3
The department is focused on training. It is essential that Investigators continue to obtain the
training they need to interview, interrogate, and have the resources and knowledge to investigate
their cases effectively and legally. The department has excelled in this area.

The Chief of Police has funded and acquired departmental issued cellphones for each investigator.
This will allow them to maintain open communication with victims and allow them to reach out
to the investigator with additional questions or information.

Consideration #4
Cases are still filed with hard paper copies of case information. Criminal cases must be delivered
in person to the District Attorney’s Office in Waxahachie taking time to copy, assemble, schedule,
travel, and present those cases. Other surrounding counties have moved to electronic case filing
systems, such as . While this is wholly a function of Ellis County and the Ellis County
District Attorney’s Office, the ability to electronically file cases and have that information
immediately available would save investigator time, allowing them to work on their cases more
efficiently.

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 Conclusion and Recommended Action Plan
This assessment revealed the liabilities associated when there is misalignment between
departmental policy and departmental practices, ineffective supervision, and the absence of
procedures and tools to effectively hold investigators accountable for day-to-day case
management. Without effective policy and procedures, it adds to the difficulty managing day to
day operations when leadership and supervisory transitions occur.

The department does not have a true understanding of its personnel needs, resulting in many team
members taking on additional duties within the organization. The biggest example of this occurred
when a new Sergeant assigned to CID was required to take on the duties of a Property and Evidence
Technician/Custodian with limited knowledge and experience in both roles. These dynamics
played a major role in overextending these supervisors negatively impacting their abilities to
effectively supervisor the unit.

Below are the recommended actions that the Midlothian Police Department should take:

• The Midlothian Police Department should conduct a complete policy audit to ensure the
policies that have been adopted are congruent and accurately reflect the Mission, Vision,
Values, and Operations/Practices of the organization.
• The department should develop and adhere to a policy regarding case management within
the Criminal Investigations Division.
• Criminal Investigations Division supervisors should develop a system to individually
check in and monitor each investigator to review high profile or high interest cases to
determine if those cases are being handled in an efficient manner in addition to the weekly
staff meetings.
• The agency should conduct a workload analysis of each division within the agency, using
a bona fide methodology to determine if the staffing within those divisions is adequate.
• The department should limit accessory duties of supervisors over divisions, so they are
able to devote time and resources to those functions instead of accessory duties.
• The department should reassign additional duties such as school security during drop-off
and pick-up times from investigators to other divisions until such time staffing is addressed
with this additional duty factored into workloads.
• The agency needs to review their Early Warning System, train staff, and hold leadership
accountable to ensure the system is being properly engaged.
• The department should continue with obtaining their Accreditation through CALEA and
Texas Best Practices.
• The department needs to work with CRIMES, the Report Management System software
company, or develop a separate system to determine if investigators are working cases
effectively, conducting required follow-up, and closing out cases in an effective manner.
• The department should look at appointing civilian personnel over duties now being
conducted by sworn personnel such as obtaining lab reports, making copies of reports,
creating active warrant lists, and auditing warrants.

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 Biographies

Michael Wilson

Mike quickly rose through the ranks of the Keller Police Department, retiring in 2019 as Chief of
Police after 20 years of service with the agency. During that time, his measurable accomplishments
and penchant for cross-organizational teamwork covered a wide spectrum of functions: enterprise
software; financial processes; design, development, and construction of government facilities;
threat identification and mitigation; campus security; governmental mergers and inter-local
negotiations; and public information. An expert in strategy, process, and effectiveness, he now
utilizes the skills and knowledge carefully honed during his law enforcement career to serve as a
high-level consultant across industries.

During his tenure in Keller, Mike’s management and enterprise led to unprecedented progress,
collaboration, and innovation. He was recognized as a trailblazer in community policing, from
implementation of technology and taking data-driven approaches to reducing crime and traffic
collisions, to advancing the department’s relationships with public and private partners. His tenure
saw the national re-accreditation of KPD at the highest standard; the rollout of an enhanced
emergency dispatching and mass notification system; and a full department restructure, body
camera implementation, and the first national accreditation awarded to a regional 911
communications center in the State of Texas. The city was continuously ranked one of the safest
communities in Texas and the nation, and, in 2016, achieved its best crime stats in more than 25
years.

Mike’s business acumen served the area well. Collaborations with non-profits, surrounding cities,
and the school district led to the generation of more than $3.5 million in revenue, minimizing the
financial impact on taxpayers; those efforts continue to save the collective more than $1.2 million
annually. He oversaw the design and implementation of software solutions and workflows to
facilitate communications between regional agencies, enhance transparency, and implement
financial controls.

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Mike Wilson holds bachelor’s and master’s degrees in business administration, with a
concentration in finance, which he earned during his career in law enforcement. He has also done
extensive graduate-level study in communications and organizational leadership. Certifications
and affiliations obtained through his career include the Texas Police Chiefs Association Training
Advisory Board; Texas Commission on Law Enforcement licenses as Instructor and Master Peace
Officer.

John P. Bevering

Chief John “J.P.” Bevering began his career as a dispatcher and jailer for the Clay County, Texas
Sheriff’s Department in 1988. He attended the Basic Peace Officer Academy at Vernon Regional
College and served as a Reserve Peace Officer for the Clay County Sheriff’s Department from
May 1991 until September 1992.

In September of 1992, he began working at the White Settlement Police Department as a patrol
officer and served as a field training officer. He was promoted to Sergeant in 1995, serving as the
field training supervisor and three years as a criminal investigator. In February 2003, he was
promoted to Lieutenant, acting as Patrol Lieutenant for 7 years and the Support Services Lieutenant
for 4 years. He served in every sworn officer position and supervised every division within the
police department. In May 2015, he was sworn in as the Chief of Police for the City of White
Settlement.

Chief Bevering was instrumental in leading the White Settlement Police Department to become an
Accredited agency by the Texas Police Chief Association in 2013, serving as the program
manager, with the department obtaining their second reaccreditation in 2017, and their third
reaccreditation in 2021. While serving as Chief of Police, he updated the radio communications of
the department by partnering with the City of Fort Worth Regional Radio System; equipped
officers with Body Worn Cameras for more transparency; adopted an alternate promotional system
based on an individual's abilities, not just testing; instituted digital ticket writers among other
advances within the department.

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He holds a Master Peace Officer license from the Texas Commission on Law Enforcement. He is
a graduate of Midwestern State University with a Bachelor of Applied Arts and Science - Criminal
Justice. He is a graduate of the Bill Blackwood Law Enforcement Management of Texas
Leadership Command College, as well as the FBI National Academy – Session 235.

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