Houston Chronicle Sunday

Trooper had past conduct warning

Officer previously received counseling, was discipline­d for unprofessi­onalism

- By St. John Barned-Smith

The Texas Department of Public Safety trooper who arrested Sandra Bland after a traffic stop in Prairie View on July 10 had been discipline­d previously for misconduct, agency records show.

Brian Encinia, 30, who has been with DPS a little more than a year, was warned about being unprofessi­onal as a probationa­ry trooper in November 2014.

“Trooper Encinia was given a written counseling for unprofessi­onal conduct … for an incident that occurred at a school in Austin,” DPS officials wrote in a performanc­e evaluation a month or two after the incident. “In the future, Trooper Encinia should conduct himself at all times in a manner that will reflect well on himself, the Department, and the state of Texas.”

The incident is the only disciplina­ry action noted in about 80 pages of records that DPS released Friday night. Encinia’s performanc­e otherwise received “competent” marks, the middle of the five options on the grading metric.

A supervisor wrote that he would “meet periodical­ly” to ensure Encinia met the obligation­s expected of the department.

The records, which include Encinia’s job applicatio­n and

personnel file, provide some additional details about his background before joining DPS last year.

According to the records, he studied at Texas A&M University, graduating in 2008. He previously had worked as an “ingredient processing supervisor” at Blue Bell and served as a volunteer firefighte­r at the Brenham Volunteer Fire Department for four years, rising to the rank of district fire chief, according to his résumé. Widespread scrutiny

In his stop of Bland in Prairie View — originally for an improper lane change — a confrontat­ion occurred after Encinia asked Bland to put out her cigarette and she refused. Dash-cam footage that captured portions of the incident showed Encinia threatenin­g Bland with a Taser and repeatedly ordering her to get out of her car. He eventually arrested her on a charge of assaulting a public servant; Encinia said she had kicked him during the arrest.

Bland, 28, died three days later in Waller County Jail. Authoritie­s ruled the death a suicide by hanging. The incident sparked internatio­nal outrage and protests and vigils across the country, and brought widespread scrutiny to the Waller County Sheriff’s Office and its jail, particular­ly after authoritie­s said that Bland had told two separate jailers during her intake at the jail that she had previously tried to commit suicide.

After DPS released footage of Encinia’s interactio­n with Bland, agency officials said they were reviewing his actions and had placed him on administra­tive duties for violating department procedures and the agency’s courtesy policy. ‘It just doesn’t compute’

The incident — and Bland’s subsequent death in jail — has led lawmakers to hold hearings on the state’s jail standards and on interactio­ns between the public and police.

“How can someone get pulled over for not signaling and end up dead in three days? It just doesn’t compute,” Rep. Garnet Coleman, D-Houston, said in a hearing on Thursday.

The Waller County Sheriff’s Office, the Texas Rangers and the FBI are all investigat­ing the incidents that led up to Bland’s death in jail.

“No police officer wants to find themselves in that situation, where the results ended that way,” said DPS Highway Patrol Sgt. Gary Chandler, president of the DPS Officer’s Associatio­n, which represents DPS’ troopers, rangers and special agents. “You don’t want to get hurt, you want to go home at the end of the day, but you also think the people you stop on side of road could be someone’s mom or daughter and you want them to be treated fairly and nicely and profession­ally.”

Chandler declined to comment about the specifics of Encinia’s actions.

“We’re going to have to wait until the final investigat­ion is completed,” he said.

DPS has not yet responded to requests for more informatio­n.

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