Af­fi­davit: Men ver­bally abused deputies

Austin American-Statesman - - METRO & STATE - By Pa­trick Ge­orge

SAN MAR­COS— The ar­rest af­fi­davit for a Wim­ber­ley man who com­plained that Hays County sher­iff’s deputies used ex­ces­sive force against him dur­ing a June en­counter said the man and his son were ag­i­tated and used foul lan­guage with deputies.

Robert Thread­g­ill, 80, was charged with re­sist­ing ar­rest af­ter a June 22 en­counter with deputies near his home.

Last week, Thread­g­ill filed a for­mal com­plaint against the deputies, al­leg­ing that, with­out provo­ca­tion, they struck him and his son, 56-year-old Stephen Thread­g­ill, threw them to the ground and in­jured them. Thread­g­ill, his son and a wit­ness have main­tained that the two did noth­ing to war­rant the force used in the en­counter.

The ar­rest af­fi­davit, filed June 24 and re­leased to the States­man on Wed­nes­day af­ter an open records request, tells a dif­fer­ent story.

About 6:40 p.m. that day, Deputy David Clay Bain and an­other deputy ar­rived in an­swer to a call about a ver­bal dis­tur­bance caused by Robert Thread­g­ill, the af­fi­davit said.

As they spoke with the man has filed a com­plaint against Hays County deputies. who made the com­plaint, 21-year-old Michael Houser, Thread­g­ill ap­proached them, used pro­fan­ity against Houser and expressed ag­gra­va­tion that Houser had called the po­lice, the af­fi­davit said.

Stephen Thread­g­ill then called out to the deputies, say­ing, “Don’t walk down here with a swag­ger” and used an ex­ple­tive, the af­fi­davit said. Robert Thread­g­ill then also used pro­fan­i­ties.

The af­fi­davit said Robert Thread­g­ill blamed Houser and his em­ployer, the Lodge at Cy­press Falls, for a pro­lif­er­a­tion of lily pads in the creek. Bain said in the af­fi­davit that the creek looked nor­mal to him.

The af f idavit said that Thread­g­ill had a large knife on his belt and that he and Stephen Thread­g­ill be­came more and more ag­i­tated and re­fused to stay back from deputies when asked.

When Bain at­tempted to hand­cuff Robert Thread­gdill, he spun around and looked like he was go­ing to strike the deputy, the af­fi­davit said. Bain then put Thread­g­ill on his stom­ach and hand­cuffed him af­ter he at­tempted to get to his feet, the af­fi­davit said.

Dur­ing the “short strug­gle,” the af­fi­davit said, Thread­g­ill com­plained of be­ing in pain. He said his shoul­der and an­kle were hurt, and he re­fused to walk with­out be­ing forcibly es­corted, the af­fi­davit said. Stephen Thread­g­ill was taken to the ground and hand­cuffed as well, the af­fi­davit said.

Wim­ber­ley EMS ex­am­ined the pair and took them to Cen­tral Texas Med­i­cal Cen­ter in San Mar­cos for treat­ment, the af­fi­davit said.

Robert Thread­g­ill was later charged with re­sist­ing ar­rest; he turned him­self in about two weeks af­ter the en­counter and was re­leased on $3,000 bail.

Thread­g­ill on Wed­nes­day re­futed the deputies’ ver­sion of events, say­ing he never used pro­fan­ity or moved to strike them. The Thread­g­ills have launched a for­mal com­plaint, and as a re­sult, the sher­iff’s of­fice plans a full in­ves­ti­ga­tion, of­fi­cials said. After­ward, of­fi­cials said, they will ask the Texas Rangers to in­ves­ti­gate.

Robert Thread­g­ill

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