GALVESTON — Thirteen Galveston police officers will face disciplinary measures stemming from an October disturbance at an upscale island resort bar that resulted in charges against 13 people, including a professional baseball player and a federal employee, authorities said Wednesday.
The punishments, which were administered to all but four officers as of Wednesday afternoon, range from written reprimands to seven-day suspensions without pay, said Galveston Police Chief Charles Wiley.
None of the disciplinary measures, however, resulted from violations of use-of-force policies or procedures but rather paperwork failures, such as insufficient or inadequate reporting, Wiley said.
“Some will think it’s unfair,” Wiley said. “And some will think the punishments are not severe enough. I expect some will not be pleased with that, but in the end it’s my call and I’m making it.”
Post-Ike 'Riot'
In the early morning hours of Oct. 5, as the island was still under a Hurricane Ike-imposed curfew, police accused a patron of H20 Bar at the San Luis Resort of resisting arrest, and 30 officers descended on the scene of about 200 people.
A police supervisor described the incident as a riot.
Ultimately, police used pepper spray and electrical shock Tasers to arrest 13 people who were at the bar following a wedding reception at the nearby Galveston Island Convention Center.
Patrons and at least one non-wedding bystander complained police used excessive force in subduing the crowd.
Among those arrested were Houston Astros pitcher Brandon Backe and Jaime Forero, a regional coordinator with the Federal Emergency Management Agency.
Backe was charged with interfering with a police officer, a misdemeanor charge.
Forero was charged with failing to obey a police officer, but his misdemeanor charge and all other Class C misdemeanor charges against four others have been dismissed.
Paperwork Failures
Three investigators probing the matter found officers and police supervisors failed to properly file affidavits and supplemental booking and use-of-force reports and arrest warrants, according to a police statement released Wednesday.
“The vast majority of the disciplinary action was taken within the last 24 hours,” Wiley said. “We’ve had hearings on all of these, and a great number have elected to appeal, which is certainly their right.”
Police didn’t reveal Wednesday the names of the officers disciplined as a result of the department’s internal probe, which involved the Galveston County District Attorney’s Office and was conducted without a single, formal complaint to police from patrons involved.
“Upon those officers filing appeals to the action taken against them, we will then be able to release the names, according to our legal advisers,” said Galveston police Lt. Jeffrey Heyse.
Nine officers face a total of 35 days of suspension without pay, and four others will receive written reprimands.
Two officers will have seven-day suspensions, three will receive five days, and four others will have three, two and one-day suspensions. Police interviewed 70 witnesses, suspects and officers about the incident and examined hundreds of documents.
Video evidence was also reviewed to gauge an accurate account of the incident at the bar at 5222 Seawall Blvd., police said.
The remaining charges not dismissed from Galveston Municipal Court are scheduled to be presented to a grand jury in April, Galveston County Criminal District Attorney Kurt Sistrunk said Wednesday. Backe’s charge wasn’t dismissed.
No Parental Supervision
Police allege the incident could have been prevented had parents supervised Daniel Cole O’Balle, 19, the brother of the bride.
In the statement written by Wiley and three lawyers, police blame O’Balle’s poor judgment and his lack of parental supervision in allowing him to “violate the law.”
Police charged O’Balle with three counts of assault on a public servant and one charge of retaliation.
During the reception, police said O’Balle was permitted “in violation of Texas law” to become intoxicated on alcohol.
Police allege that as the reception neared an end, O’Balle tried to take a beer from the convention center and was confronted by San Luis security guard Carlos Gonzales, who later claimed to have seen O’Balle at the H20 Bar with a beer in his hand, the statement said.
Gonzales told off-duty Galveston police officer Chris Sanderson, who was working security at the resort, about what he’d seen.
Police accused O’Balle of becoming belligerent when Sanderson confronted him.
Friends of O’Balle’s parents, Joseph and Shannon Belluomini, then interfered with Sandersons’ investigation as O’Balle became aggressive toward and noncompliant with Sanderson, the statement claims.
30 Police Swarm Bar
O’Balle’s drunken and disorderly actions caused several in the wedding party to gather around Sanderson, the statement claims.
O’Balle fought the officers aggressively, throwing punches, the statement alleges. Sanderson called for assistance, and 30 Galveston police officers descended on the bar.
Some bystanders expressed their displeasure of O’Balle’s arrest, encroached on officers and refused to disburse, the statement claims. Those who interfered were arrested, the statement said.
Lt. Joel Caldwell, a Galveston police supervisor, said he saw about 200 people at the bar and called the scene a riot, according to documents he filed later that day.
Caldwell ordered officers to form a line and clear the bar, but some intoxicated patrons refused to cooperate, the statement said.
Internal investigators determined all the arrests appeared to be based on probable cause, and the force used by any officer was to overcome resistance or interference, the statement said.
All officers involved will receive remedial training on documentation and reporting practices.
With Galveston crowded with thousands of vacationers, Wiley instructed supervisors to impose suspensions in a way that won’t deplete the department during spring break. The suspensions don’t have to be taken in consecutive days, Wiley said.
