Rangers advise no criminal probe in Neely arrest
A Texas Rangers investigation into the arrest of a handcuffed black man led by mounted officers with a rope down a Galveston street concluded that the officers’ actions did not warrant a criminal investigation.
Galveston city officials had requested a third-party investigation into the Aug. 3 arrest of Donald Neely, 43, on a misdemeanor criminal trespassing charge. The arresting mounted Galveston police officers, Patrick Brosch and Amanda Smith, clipped a rope line to Neely’s handcuffs and led him several blocks.
The Texas Rangers were tasked with conducting a criminal inquiry of the arrest, while the Galveston County Sheriff’s Office will perform a full administrative review of the Galveston Police Department’s policies and practices.
Aspokesman for the Texas Department of Public Safety said in a statement that the Rangers had completed its investigation into the arrest and conferred with the Galveston County District Attorney’s office. The district attorney determined that “there was nothing that warranted a criminal investigation.”
Photos of the arrest drew national attention and prompted accusations of racism and comparisons to slavery. Galveston Police Chief Vernon Hale apologized after the photo surfaced, saying the officers used poor judgment.
Melissa Morris, Neely’s attorney, said she was not surprised at the district attorney’s conclusion, though still believes the officers behaved unethically.
“I can understand them deciding there’s no criminal action with these officers,” Morris said. “I still think it’s poor judgment even if it’s within the confines of policy.”
On Monday, Morris and Ben Crump, Neely’s civil attorney, demanded the Galveston Police Department release body camera footage of the arrest within 30 days, threatening legal action if the request is not honored. Crump has already begun organizing a civil rights march that will start at the Eugenia and George Sealy Pavilion in Galveston at 4 p.m. on Sept. 15.
A spokeswoman for the city of Galveston said itwould release the body camera footage at the conclusion of the investigations by the Texas Rangers and county sheriff.
Neely’s family says he has been diagnosed with bipolar disorder and paranoid schizophrenia and was living on Galveston streets for several years. His mental health condition has led to discussions between Morris and the Galveston County district attorney’s office about possibly helping him avoid jail time and getting him the treatment he needs.
Neely has a record of misdemeanor and felony infractions dating to1994, including 19 arrests for trespassing, according to Galveston County court records. Kevin Petroff, an assistant district attorney for Galveston County, said prosecutors are more interested in getting Neely the help he needs rather than adding more jail time to his record.
“We have discussed all possible mental health treatment options and ways in which that we might work towards that goal,” Petroff said.
Morris was hopeful that Neely might be the flagship case for a possible mental health diversion court that Galveston County is in the early stages of developing. County commissioners in June voted to authorize Wayne Mall ia, a former state district judge, to gather information from similar diversion courts across the country and report back on his findings.
“Mr. Neely has dozens of criminal trespassing convictions just because he’s homeless and in poverty and mentally ill,” Morris said. “The fact that they’re trying to divert that and give him some help instead of convicting him is definitely a step in the right direction.”