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  1. #1
    TXCharlie's Avatar
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    Railroad Psuedo-Policeman Charged In Officer Motorcycle Crash

    Pffft... The guy that originally caused all this claims that he was on a legitimate emergency call - But the Railroad Police have no authority outside of Railroad property. He's basically a security guard and had no business racing down the street with lights on.

    There was a big explosion in Dallas that he was racing to, but what the hell was he gonna do about it? I;ve heard that he lawyered up

    After crash, Flower Mound officer savors survival


    Friends feared the worst, but he's making progress

    10:34 PM CDT on Friday, September 14, 2007


    By JAY PARSONS / The Dallas Morning News
    jparsons@dallasnews.com

    LOUIS DeLUCA/DMN
    Officer Kevin Schmidt relaxes with a favorite visitor, 3-year-old nephew Devin Rojas.


    FLOWER MOUND Flower Mound police Officer Kevin Schmidt woke up on Aug. 10 after 16 days in the hospital. His body, once chiseled from daily exercise, was weak.
    He had major head trauma, two shattered wrists, two collapsed lungs and 12 other broken bones from a motorcycle crash during a police pursuit.
    But his sense of humor was stronger than ever.
    "A nurse told me and my sister to let her know if we needed anything, and Kevin pipes up and says, 'I want a Diet Dr Pepper,' " his wife, Lynn Schmidt, recalled, still laughing more than a month later.
    "He thought the nurse was a waiter," sister-in-law Liza Rojas said, giggling.
    It had been a long time since Mrs. Schmidt had laughed so hard. It had been a long time since her tears were out of joy, not anguish.
    She had her husband back.
    Also Online
    Past stories:
    07/26/07: Flower Mound officer injured in crash
    08/10/07: Fundraiser to be held for injured Flower Mound officer
    09/13/07: Union Pacific official going to blast site charged in crash
    HOW TO HELP
    Donations to the Kevin Schmidt Fund may be sent to the Flower Mound Police Department, 4150 Kirkpatrick Lane, Flower Mound, Texas, 75028.


    "It was a good day," Mrs. Schmidt said.
    On July 25, Mrs. Schmidt along with her husband's colleagues in the Flower Mound Police Department wasn't sure whether she would ever hear her husband's voice again.

    At 10 a.m. that day, as he had done countless times, Officer Schmidt ramped up his police motorcycle when he saw a squad car pursuing a reckless-driving suspect.

    Before he could catch up, a car turned left in front of him. Officer Schmidt couldn't stop in time and slammed into the car's side. The crash catapulted him at least 70 feet in the air.

    The impact knocked off his helmet and left him motionless on his stomach in the eastbound lanes of Cross Timbers Road.

    Cpl. Joe Adcock, who was off duty but happened upon the scene seconds later, ran toward the injured officer. Officer Jason Toth, who had been driving the squad car, turned around to block traffic.

    "I stayed with him, talking to him," Cpl. Adcock said. "I told him not to move. Everything was going to be OK."

    But Cpl. Adcock didn't believe everything would be OK, he said later. Officer Schmidt didn't look good.

    Flower Mound paramedics got the call from a dispatcher, her voice shaking.

    "You can tell in the dispatcher's voice when something's bad, and dispatchers are usually pretty steady," firefighter and EMT Aaron Moore said.

    "Made me push the pedal a little harder," said paramedic and firefighter John Wright, who was driving one of the trucks.

    'I thought he was dead'

    Six paramedics from Lewisville and Flower Mound treated Officer Schmidt triple the normal procedure.

    "The injuries we saw, I thought he was dead," Mr. Moore said.
    Doctors kept Officer Schmidt sedated for weeks.

    "All in all, if God wasn't on our side, I wouldn't be here," Mrs. Schmidt said from her family's home in Midlothian. "He's the only way Kevin came back to me."

    Investigators later charged Alan Lee Henry, the man Officer Schmidt was pursuing, with misdemeanor deadly conduct. Special Agent Henry is a licensed peace officer for Union Pacific Railroad. His attorney has criticized the charge, saying Agent Henry was responding with his emergency lights activated to the massive acetylene explosion in Dallas.

    The man who cut in front of Officer Schmidt's motorcycle, 66-year-old William Lovinggood of Flower Mound, was cited for failing to yield the right of way.

    Officer Schmidt said he doesn't remember anything from the day of the crash or anything between July 4 and leaving John Peter Smith Hospital on Aug. 14 for a rehab facility.

    The head injury damaged his memory and changed his voice a notch. For days, Officer Schmidt would wake up forgetting why he was in a hospital bed.

    Community help

    "I'd wake up, lying there, and ask my wife what happened," he said. "And I couldn't remember it. But seeing all this stuff on my hand and all these tubes, I knew she wasn't messing with me."
    Insurance has covered the medical bills and replaced his salary. Flower Mound officers have held fundraisers and blood drives to help the family out. Officer Schmidt had worked a lot of overtime to make extra cash while his wife studied to be a respiratory therapist.

    More than $20,000 has been raised so far in an account set up for the family. One woman made a donation after bailing out of jail. A group of kids sent in their earnings from a lemonade stand.
    Officer Schmidt said he's received far more get-well notes than he can read, including some from people he's cited for traffic violations.

    Officer Schmidt said he wants to return to the police force in six to 12 months and probably will start on desk duty. He wants to work the streets again. And when he does, he'll be in a squad car.

    Since last year, the Flower Mound Police Department has been phasing out its motorcycles because of high costs. The Police Department replaced the last remaining bike this month, speeding up the phase-out because of the accident, Lt. Wendell Mitchell said.

    For now, Officer Schmidt still struggles to sit up for more than 15 minutes. He can't walk without assistance. He wears a brace on his left hand and a cast on his right. His health improves daily.
    And for the Schmidts, who have two children, the accident has brought them closer together.

    "I always knew she loved me," Officer Schmidt said, "but to see her take care of me stuff she's having to do it shows me she really loves me."

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    Terminator's Avatar
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    Quote Originally Posted by TXCharlie View Post
    Pffft... The guy that originally caused all this claims that he was on a legitimate emergency call - But the Railroad Police have no authority outside of Railroad property.
    Investigators later charged Alan Lee Henry, the man Officer Schmidt was pursuing, with misdemeanor deadly conduct. Special Agent Henry is a licensed peace officer for Union Pacific Railroad. His attorney has criticized the charge, saying Agent Henry was responding with his emergency lights activated to the massive acetylene explosion in Dallas.

    Hmmmm.

  3. #3
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    http://www.wfaa.com/sharedcontent/dw...r.2db13f2.html

    A hazardous-materials expert responding to the massive gas explosions near downtown Dallas in July faces a deadly conduct charge over a police pursuit that ended with a near-fatal crash involving a Flower Mound motorcycle officer.
    Attorney Bob Baskett criticized the charge, saying his client, Alan Lee Henry, is a licensed investigator with Union Pacific Railroad Co. who was just doing his job on July 25 as he headed to check on hazardous materials stored near the site of the explosions.
    Records released this week show that Special Agent Henry was weaving through traffic with his lights flashing when a Flower Mound squad car and a motorcycle officer attempted to pull him over. During the pursuit, motorcycle Officer Kevin Schmidt collided with another vehicle that had turned in front of him.
    Agent Henry was charged with misdemeanor deadly conduct for reckless driving and failure to stop, according to the accident report. If convicted, he could face up to a year in prison and a $4,000 fine.
    Mr. Baskett said Agent Henry was not pursued and did not know about the accident until traffic investigators called him later that day.
    "It was an unfortunate accident, but my client wasn't driving recklessly or disobeying any laws," Mr. Baskett said.
    Flower Mound police would not comment on any details of the incident, Lt. Wendell Mitchell said. The state Department of Public Safety led the investigation. Officials there pointed to the accident report and declined to comment further.
    The case is now in the hands of the Denton County district attorney's office, which did not return messages Wednesday. Prosecutors there will decide whether to prosecute Agent Henry. He has not been arrested.
    Former Dallas County assistant district attorney Toby Shook said prosecutors would have a tough time proving criminal intent against a law enforcement officer.
    "Both parties will be claiming to be acting in official law enforcement capacity," Mr. Shook said. "If I'm a law enforcement officer responding to an emergency, I don't have time to stop and tell these guys I'm a cop. And, secondly, did he really cause the officer farther behind to have a wreck?"
    According to the accident report, Officer Schmidt was driving east on Cross Timbers Road, assisting another officer in a squad car in front of him. Agent Henry was driving a marked Ford pickup with its emergency lights activated.
    At Garden Ridge Boulevard, Flower Mound's eastern boundary, Officer Jason Toth stopped pursuing Agent Henry and turned around, according to the report.
    Officer Schmidt was trailing behind the squad car. At the intersection with Timber Valley Drive, a Toyota Camry in the westbound lanes turned left in front of him. Officer Schmidt couldn't stop in time and struck the side of the Camry. The impact threw him more than 70 feet.
    It wasn't clear how long the officers had pursued Agent Henry. Investigators declined to comment on the case. Mr. Baskett said that his client had begun to pull over when he saw Officer Toth's flashing lights in his rearview mirror but that the officer turned around before he could stop.
    "It wasn't a pursuit," said Mr. Baskett, adding that dashboard video shows the incident lasted only six or seven seconds.
    Agent Henry kept heading toward Industrial Boulevard in Dallas, where gas explosions had injured two and rocketed flaming gas cylinders onto highway overpasses, shutting down Interstates 35E and 30 for hours.
    On his way there, Agent Henry called police dispatch, Mr. Baskett said.
    "He called Flower Mound just to say, 'Hey, I saw your guy, and he pulled off, and I just want to let you know who I am and what I'm doing,' " Mr. Baskett said.
    The dispatcher responded, "Oh, OK, thanks," according to Mr. Baskett.
    Mr. Baskett said Agent Henry has earned several honors in his career, including awards for saving lives.
    The driver of the Camry, 66-year-old William Lovinggood of Flower Mound, was cited for failing to yield the right of way to oncoming traffic. There is no traffic light at the Timber Valley intersection.
    Investigators later said they did not expect Officer Schmidt to survive the crash. But the 36-year-old officer has since improved and was released from hospital care Friday. The extent of his injuries was not released.
    Union Pacific spokesman Joe Arbona confirmed that Agent Henry was responding to the explosions and said he remains in good
    standing with the company.
    Agent Henry started his career in 1992 with the Tarrant County sheriff's office, according to records kept by the Texas Commission on Law Enforcement Officer Standards and Education.
    Agent Henry, 40, also worked for the Hood County sheriff's office and the Texas Alcoholic Beverage Commission before joining Union Pacific in 2001. He was certified as a master peace officer in 2003.


    I am glad the officer is recovering and is back at home.
    dulce et decorum est pro patria mori


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  4. #4
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    Railroad Psuedo-Policeman Charged In Officer Motorcycle Crash
    Pffft... The guy that originally caused all this claims that he was on a legitimate emergency call - But the Railroad Police have no authority outside of Railroad property. He's basically a security guard and had no business racing down the street with lights on.

    There was a big explosion in Dallas that he was racing to, but what the hell was he gonna do about it? I;ve heard that he lawyered up
    You have no idea what you are talking about.

    Here in Ga at least, the Railroad Police are a full service Police Agency, with statewide authority. They work extensively with other agencies making arrests for everything from petty theft to murder.

    It is a very difficult job to get. The local railroad cop here was an LaGrange Cop for 13 years before he went to the railroad. It took him almost 4 years to get the job.

    Glorified security guard? I think not.

    Sounds to me like the City of Flower Mound is trying to cover it's ass.
    dlefdal said:
    Ummmm, what if I don't like thumbs in my butt?

  5. #5
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    He may be a licensed peace officer, but he wasn't working as a peace officer... He works for the railroad, not any agency. He has police authority on railroad property, not anywhere else. That's why they keep calling him a "Special Agent".

    I hadn't heard he was a hazardous materials expert. I guess that changes things significantly. Well I guess that proves that there's two sides to every story.

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    Quote Originally Posted by Norm357 View Post
    You have no idea what you are talking about.

    Here in Ga at least, the Railroad Police are a full service Police Agency, with statewide authority. They work extensively with other agencies making arrests for everything from petty theft to murder.

    It is a very difficult job to get. The local railroad cop here was an LaGrange Cop for 13 years before he went to the railroad. It took him almost 4 years to get the job.

    Glorified security guard? I think not.

    Sounds to me like the City of Flower Mound is trying to cover it's ass.
    Same here in Michigan to, they back us up alot of times when we are searching trains from Canada in the middle of the night in the Barrio. It is sad what happened to that officer, but I think they are going after the wrong guy, he was in a marked truck with his light bar activated, they need to go after the driver who caused the accident by failing to yield.
    dulce et decorum est pro patria mori


    Quote Originally Posted by Resident Smart Ass
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    The incoherent statements given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency or any other person for that matter. They are MY PERSONAL DELUSIONAL FANTASIES and I accept sole responsibility as such as I am either drunk or stressed out of my mind.

  7. #7
    Norm357's Avatar
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    He may be a licensed peace officer, but he wasn't working as a peace officer... He works for the railroad, not any agency. He has police authority on railroad property, not anywhere else. That's why they keep calling him a "Special Agent".
    TX law may prohibit private police agencies calling it officers "police officers". That is why they have the title Special Agent. Many states have a similar law. (Mine does not. Here the railroad police are the "Police".)

    Also, while I may be wrong, I'm willing to bet that in Tx, the railroad cops have statewide authority. I have never heard of a state where they didn't.
    dlefdal said:
    Ummmm, what if I don't like thumbs in my butt?

  8. #8
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    Based on the below definitions, Railroad Police are peace officers in the State of California and are authorized to operate code when responding to emergencies. I am certain the same applies in ALL STATES. When those agencies were established the railroad owners were very influential in the nation and carried a large electoral base. They were able to get many laws passed in their favor without a lot of discussion. Their influence is well documented in American history.

    Their status in CA according to Penal Code section 830.33(e):

    830.33.

    The following persons are peace officers whose authority
    extends to any place in the state for the purpose of performing their
    primary duty or when making an arrest pursuant to Section 836 as to
    any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that
    offense, or pursuant to Section 8597 or 8598 of the Government Code.

    Those peace officers may carry firearms only if authorized and under
    terms and conditions specified by their employing agency.

    (e) (1) Any railroad police officer commissioned by the Governor
    pursuant to Section 8226 of the Public Utilities Code, if the primary
    duty of the peace officer is the enforcement of the law in or about
    properties owned, operated, or administered by the employing agency
    or when performing necessary duties with respect to patrons,
    employees, and properties of the employing agency.
    (2) Notwithstanding any other provision of law, a railroad police
    officer who has met the current requirements of the Commission on
    Peace Officer Standards and Training necessary for exercising the
    powers of a peace officer, and who has been commissioned by the
    Governor as described herein, and the officer's employing agency, may
    apply for access to information from the California Law Enforcement
    Telecommunications System (CLETS) through a local law enforcement
    agency that has been granted direct access to CLETS, provided that,
    in addition to other review standards and conditions of eligibility
    applied by the Department of Justice, the CLETS Advisory Committee
    and the Attorney General, before access is granted the following are
    satisfied:
    (A) The employing agency shall enter into a Release of CLETS
    Information agreement as provided for in the CLETS policies,
    practices, and procedures, and the required background check on the
    peace officer and other pertinent personnel has been completed,
    together with all required training.
    (B) The Release of CLETS Information agreement shall be in
    substantially the same form as prescribed by the CLETS policies,
    practices, and procedures for public agencies of law enforcement who
    subscribe to CLETS services, and shall be subject to the provisions
    of Chapter 2.5 (commencing with Section 15150) of Title 2 of Division
    3 of the Government Code and the CLETS policies, practices, and
    procedures.
    (C) (i) The employing agency shall expressly waive any objections
    to jurisdiction in the courts of the State of California for any
    liability arising from use, abuse, or misuse of CLETS access or
    services or the information derived therefrom, or with respect to any
    legal actions to enforce provisions of California law relating to
    CLETS access, services, or information under this subdivision, and
    provided that this liability shall be in addition to that imposed by
    Public Utilities Code Section 8226.
    (ii) The employing agency shall further agree to utilize CLETS
    access, services, or information only for law enforcement activities
    by peace officers who have met the current requirements of the
    Commission on Peace Officer Standards and Training necessary for
    exercising the powers of a peace officer, and who have been
    commissioned as described herein who are operating within the State
    of California, where the activities are directly related to
    investigations or arrests arising from conduct occurring within the
    State of California.
    (iii) The employing agency shall further agree to pay to the
    Department of Justice and the providing local law enforcement agency
    all costs related to the provision of access or services, including,
    but not limited to, any and all hardware, interface modules, and
    costs for telephonic communications, as well as administrative costs.

    Authorized Emergency Vehicle defined by Section 165 of the California Vehicle Code:

    Authorized Emergency Vehicle
    165. An authorized emergency vehicle is:
    (a) Any publicly owned and operated ambulance, lifeguard, or lifesaving equipment or any privately owned or operated ambulance licensed by the Commissioner of the California Highway Patrol to operate in response to emergency calls.
    (b) Any publicly owned vehicle operated by the following persons, agencies, or organizations:
    (1) Any federal, state, or local agency, department, or district employing peace officers as that term is defined in Chapter 4.5 (commencing with Section 830) of Part 2 of Title 3 of the Penal Code, for use by those officers in the performance of their duties.
    (2) Any forestry or fire department of any public agency or fire department organized as provided in the Health and Safety Code.
    (c) Any vehicle owned by the state, or any bridge and highway district, and equipped and used either for fighting fires, or towing or servicing other vehicles, caring for injured persons, or repairing damaged ighting or electrical equipment.
    (d) Any state-owned vehicle used in responding to emergency fire, rescue or communications calls and operated either by the Office of Emergency Services or by any public agency or industrial fire department to which the Office of Emergency Services has assigned the vehicle.
    (e) Any vehicle owned or operated by any department or agency of the United States government when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work.
    (f) Any vehicle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol.

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  9. #9
    Jackalope's Avatar
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    There's also a federal law that grants law enforcement authority to Railroad Police in every state that their railroad operates. I've never heard of any state in which they don't have authority off of railroad property.

    We have a CN Special Agent on this forum, I think his name is Jim1348. Maybe he can give us a little more information.

    I also wonder why the article doesn't mention whether or not the person that turned in front of the motorcycle was charged with anything. Seems like he ought to be.
    "I'm not a coward,
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    I would pass"
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  10. #10
    PeterJasonMN Guest
    Quote Originally Posted by Jackalope View Post
    There's also a federal law that grants law enforcement authority to Railroad Police in every state that their railroad operates. I've never heard of any state in which they don't have authority off of railroad property.

    We have a CN Special Agent on this forum, I think his name is Jim1348. Maybe he can give us a little more information.

    I also wonder why the article doesn't mention whether or not the person that turned in front of the motorcycle was charged with anything. Seems like he ought to be.


    He was:

    The man who cut in front of Officer Schmidt's motorcycle, 66-year-old William Lovinggood of Flower Mound, was cited for failing to yield the right of way.

  11. #11
    Jackalope's Avatar
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    Oops.

    Thanks for pointing that out.
    "I'm not a coward,
    I've just never been tested
    I'd like to think that if I was,
    I would pass"
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  12. #12
    Jks9199 is offline The Reason People Hate Cops & Causer of War
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    So far as I know, railroad cops in VA are cops, just like the transit cops or campus cops or airport police are cops. There are even a very few private police departments where they have full authority.

    But, given that, I've got two problems with this incident. First... I don't get what he was running code to. Depending on the account, it seems like he was maybe responding to a natural gas explosion/fire, or to the possiblity that this would spread to nearby explosive storage for the railroad. Either way... Seems more like a fire call to me. But let's grant him that running code was justifiable.

    We run into the second problem. I currently drive a work vehicle that emphatically does not look like a cop car. I've got a visor light, and I've got a deck light of sorts in the rear. No siren. And, let's be honest... those lights ain't much. I've run hot to various incidents, as well. But I'm driving VERY cautiously when I do that, because I know I don't look like an emergency vehicle, and I'm not all that visible. And, if someone were to pull me over -- I'd be stopping right away. Because I know I don't look like I'm a cop... If this railroad cop was running code -- it seems he didn't have a rear light. I'm gonna guess that he didn't have much more than a visor light, since I kind of figure that the guy who was going to stop him didn't see him from behind first... So if he was running code appropriately - why didn't the cops around him know he was running code?

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    TXCharlie's Avatar
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    I found it in the TX Code of Criminal Procedure... I was wrong in that they do call them "Railroad Peace Officers" and have to have all the certifications, but they are not listed in the list of who are peace officers - They have a special category that seems to extend only to railroad lives and property.

    Well, I guess they'll sort it all out eventually...


    Art.
    2.12. WHO ARE PEACE OFFICERS.AAThe following are peace officers:

    (1)AAsheriffs, their deputies, and those reserve deputies...
    (2)AAconstables, deputy constables, and those reserve deputy...
    (3)AAmarshals or police officers of an incorporated city town, or village, and those reserve municipal police officers...
    (4)AArangers and officers commissioned by the Public Safety Commission...
    (5)AAinvestigators of the district attorneys...
    (6)AAlaw enforcement agents of the Texas Alcoholic Beverage Commission...
    (7)AAeach member of an arson investigating unit commissioned by a city, a county, or the state;
    (8)AAofficers commissioned under Section 37.081, Education Code...
    (9)AAofficers commissioned by the General Services
    Commission;
    (10)AAlaw enforcement officers commissioned by the Parks and Wildlife Commission;
    (11)AAairport police officers...
    (12)AAairport security personnel commissioned as peace
    officers...
    (13)AAmunicipal park and recreational patrolmen and security officers;
    (14)AAsecurity officers and investigators commissioned as peace officers by the comptroller;
    (15)AAofficers commissioned by a water control and
    improvement distric...
    (17)AAinvestigators commissioned by the Texas State Board of Medical Examiners;
    (18)AAofficers commissioned by the board of managers of [Hospital Districts]...
    (19)AAcounty park rangers...
    (20)AAinvestigators employed by the Texas Racing Commission;
    (21)AAofficers commissioned under Chapter 554, Occupations Code;
    (22)AAofficers commissioned by the governing body of a
    metropolitan rapid transit authority...
    (23)AAinvestigators commissioned by the attorney general...
    (24)AAsecurity officers and investigators commissioned as peace officers under Chapter 466, Government Code;
    (25)AAan officer employed by the Texas Department of Health
    (26)AAofficers appointed by an appellate court...
    (27)AAofficers commissioned by the state fire marshal..
    (28)AAan investigator commissioned by the commissioner of insurance..
    (29)AAapprehension specialists commissioned by the Texas Youth Commission...
    (30)AAofficers appointed by the executive director of the Texas Department of Criminal Justice...
    (31)AAinvestigators commissioned by the Commission on Law Enforcement Officer Standards and Education...
    (32)AAcommission investigators commissioned by the Texas Commission on Private Security...
    (33)AAthe fire marshal and any officers, inspectors, or
    investigators...
    (34)AAofficers commissioned by the State Board of Dental Examiners..

    Art.A2.121. RAILROAD PEACE OFFICERS.AA

    (a) The director of the Department of Public Safety may appoint up to 250 railroad peace officers who are employed by a railroad company to aid law enforcement agencies in the protection of railroad property and the protection of the persons and property of railroad passengers and
    employees.


    (b)AAExcept as provided by Subsection (c) of this article, a railroad peace officer may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving injury to passengers and employees of the railroad or damage to railroad property or to protect railroad property or property in the custody or control of the railroad.
    (c)AAA railroad peace officer may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.
    (d)AAA railroad peace officer is not entitled to state
    benefits normally provided by the state to a peace officer.
    (e)AAA person may not serve as a railroad peace officer for a railroad company unless:
    (1)AAthe Texas Railroad Association submits the person s application for appointment and certification as a railroad peace
    officer to the director of the Department of Public Safety and to
    the executive director of the Commission on Law Enforcement Officer Standards and Education;
    (2)AAthe director of the department issues the person a certificate of authority to act as a railroad peace officer; and
    (3)AAthe executive director of the commission determines that the person meets minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health and issues the person a license as a railroad peace officer; and
    (4)AAthe person has met all standards for certification as a peace officer by the Commission on Law Enforcement Officer Standards and Education.
    (f)AAFor good cause, the director of the department may revoke a certificate of authority issued under this article and the executive director of the commission may revoke a license issued
    under this article. Termination of employment with a railroad company, or the revocation of a railroad peace officer license,shall constitute an automatic revocation of a certificate of
    authority to act as a railroad peace officer.
    (g)AAA railroad company is liable for any act or omission by a person serving as a railroad peace officer for the company that is within the person s scope of employment. Neither the state nor any
    political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a railroad peace officer.
    All expenses incurred by the granting or revocation of a
    certificate of authority to act as a railroad peace officer shall be
    paid by the employing railroad company....
    the duties and responsibilities delegated to them by this article.

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  14. #14
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    He didn't cause the accident.

    He was doing his job.

    He advised dispatch he was enroute a critical incident.

    I've heard the agency involved in this has a problem with inter-agency communition - it seems one of their own paid the price for that.

    In this post 9/11 world, we have to communicate with each other - it's part of the NIMS mandate.
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    Quote Originally Posted by PDawg View Post
    He didn't cause the accident.

    He was doing his job.

    He advised dispatch he was enroute a critical incident.

    I've heard the agency involved in this has a problem with inter-agency communition - it seems one of their own paid the price for that.

    If this is indeed close to the truth, I would see a "no bill" looming in the near future....


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  16. #16
    PeterJasonMN Guest
    +1. It's not like the guy was running hot to T-Bell or the Jiggly Room, he was going to a major event for which it sounds like he had training/expertise.

  17. #17
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    We have Amtrak police and BNSF police here. They race all over the place to train related calls.

    This sucks all around - for the train cop and the motor cop.

    I hope they both recover.
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  18. #18
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    Bad situation. However I won't draw ANY conclusions on the Railroad Officer's involvement based on media accounts.
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  19. #19
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    Red face

    Yeah, I'm a dumbass for nor researching current laws... Sorry I did that.

    I DID find out from my police academy instructior that I'm not going TOTALLY crazy though - The RR Police weren't given police powers till 1985, which was a few years after I took some of my first CJ courses where I probably got that from.

    In light of the fact he was a hadardous materials expert though, I don't get why they charged him with Deadly Conduct (even if he WASN'T really a police officer - he would have had plenty of reason to break the traffic laws under the "Necessity Clause")...

    But our Chief is from that era so maybe he isn't up on the 2008 CCP either

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  20. #20
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    Quote Originally Posted by PeterJasonMN View Post
    +1. It's not like the guy was running hot to T-Bell or the Jiggly Room, he was going to a major event for which it sounds like he had training/expertise.
    +1 his running code sounds justified to me
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