Temple continues to deny public release of Dean shooting videos after ex-officer’s acquittal

Killeen Daily Herald
BY ERIC E. GARCIA | TELEGRAM CITY EDITOR
February 7, 2023

TEMPLE — The city of Temple said late Thursday evening that it would continue to withhold videos of the Michael Dean shooting — despite the acquittal of ex-officer Carmen DeCruz on a manslaughter charge earlier in the day.

The release of the videos — sought by Temple community members and media since the Dec. 2, 2019, shooting — were shown to the public during DeCruz’s trial at the Bell County Justice Center. The release was anticipated after DeCruz was found not guilty by a Bell County jury earlier Tuesday.

City spokeswoman Allison O’Connor told the Telegram shortly before 5 p.m. Tuesday that the Dean shooting videos would be “released shortly.”

When the Telegram asked communications staff members for updates on the videos release later in the evening, none responded Thursday evening.

Just before 10 p.m., the city issued a news release regarding the videos.

“While the criminal trial for the police officer’s conduct has concluded, the civil trial involving the city is ongoing and the city will reserve further comment on this case until that litigation has concluded,” the city said in a news release.

“While we understand there is interest in the body worn camera footage, Texas Occupations Code Section 1701.660 prohibits the release of body worn camera footage of an incident involving the use of deadly force by a police officer until all criminal matters have been finally adjudicated,” the city said in the statement. “Although a not guilty verdict was reached, the criminal matters will not be finally adjudicated until all appeals have been exhausted.”

DeCruz likely won’t appeal his not guilty verdict — he’s planning “a quiet life” not in law enforcement, according to his attorney Robert McCabe.

A $10 million civil rights lawsuit against the city of Temple, alleging DeCruz’s actions led to Dean’s shooting death during a traffic stop, is now the city’s cause for withholding videos.

“The city remains in active litigation and in order to ensure that the trial process is fair and impartial, the body worn camera footage will not be released until the civil litigation concludes,” Temple said in its news release, citing Texas Government Code Section 552.103.

A federal trial in Waco would draw potential jurors from several counties, not just Bell.

Civil suit

The federal suit — filed in November 2021 in the U.S. District Court for the Western District of Texas, Waco Division — was delayed until the conclusion of DeCruz’s criminal trial, according to an order to stay written by Federal Judge Derek Gilliand.

Tosheena Dean, sister and administrator of Michael Dean’s estate, is the plaintiff. Philadelphia-based civil rights law firm McEldrew Young Purtell Merritt and Austin-based firm Amini & Connant, LLP, are listed as attorneys for Tosheena Dean.

The suit names the city of Temple and DeCruz as defendants. The suit also cites former interim Police Chief Jim Tobin, Temple Mayor Tim Davis and members of the Temple City Council — Jessica Walker, Judy Morales, Susan Long and Wendell Williams — but they are not listed as defendants.

“Plaintiff brings wrongful death claims on behalf of Mr. Dean’s (three) children,” the lawsuit said.

A city of Temple spokeswoman previously told the Telegram that the city could not provide a comment on the lawsuit while the matter is in court. “The city of Temple is not commenting on media inquiries regarding this matter during the pending litigation,” former spokeswoman Kiara Nowlin said.

The city of Temple, the complaint said, violated Michael Dean’s civil rights and caused his death by not correctly training DeCruz.

“Plaintiff alleges that the city of Temple, Texas, failed to properly train, supervise, screen, discipline, transfer, counsel, or otherwise properly equip and control officers, including those the city knew or should have known to engage in the use of excessive force and/or deadly force,” the complaint said.

It is further alleged in the complaint that Tobin, Davis and the City Council as “policymakers for the city of Temple were aware of the failures of the city and that these failures would result in the violation of constitutional rights of inhabitants, but failed to take any steps to rectify those failures.”

These actions caused unwarranted and excruciating physical and mental anguish and death for Dean and his family, the complaint said.

The Temple Police Department, the complaint alleges, has a history of failing to address the continued use of excessive force against black people.

“In Feb. 2016, the city recognized its prior failures and implemented a new policy designed to take ‘appropriate corrective action’ against officers who have engaged in racial profiling,” the complaint said. “Notably in 2018, black individuals represented only 37% of all arrests but over 58% of all use-of-force incidents by Temple Police Officers.”

‘Sincere condolences’

The city responded to the DeCruz acquittal in its statement.

“First and foremost, to the Dean family, we express our most sincere condolences. There is no easy outcome for our community. To the community, we recognize that this trial has been difficult for everyone involved and we hope that we can begin moving forward together,” the statement said. “Police officers are public servants who should work collaboratively, transparently, and fairly with the communities they serve. The Temple Police Department strives for every officer who wears our badge to protect and serve with integrity, honor, and dedication.”

Davis and current Police Chief Shawn Reynolds recorded statements addressed to the community, the city said.

The City Council also issued a statement signed by Davis, Walker, Morales, Long and Williams.

“The criminal trial of Carmen DeCruz in the shooting death of Michael Dean has concluded. This has been a difficult time for our community,” the Council members statement said. “We will respect the work of our justice system, and we hope to now move forward together. We would like to express our condolences and deepest sympathy to the Dean family for their loss.”

“The Temple City Council will continue to build and restore relationships across the city of Temple,” the statement said. As your council members, we commit to keep engaging in meaningful dialogue with citizens from diverse backgrounds to develop a stronger and more resilient community. It is truly our honor and privilege to serve all residents of Temple by ensuring the city is a place you love to call home.”