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DA again seeks tips on police violence at protests. Yet he doesn’t ask grand juries to indict cops

Experts question whether his protocol, used during the secret proceedings, serves justice.

More than 19 months after the George Floyd protests gripped downtown Dallas, District Attorney John Creuzot on Wednesday said his office is still seeking information about police violence against demonstrators.

The press conference marked Creuzot’s second public plea for witnesses and victims to provide his team with video of potential police misconduct including incidents where police fired foam or wooden bullets at protesters. The statute of limitations for several potential charges — including assault — expires in May, Creuzot said.

Yet the DA has been unable to obtain indictments against officers in at least six criminal cases tied to the 2020 protests, fueling ongoing questions from legal and civil rights experts about whether he is effectively investigating and prosecuting the allegations.

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Creuzot said his office has “never stopped working on these cases.”

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“There are two things that are going to cause us to stop working on these cases,” Creuzot said. “Number one could be the statute of limitations if we don’t have enough evidence to present a case, or number two, we file the charges because we think we have enough to go forward.”

Closed-door advice

In response to questions from The Dallas Morning News, Creuzot publicly revealed for the first time at Wednesday’s press conference that his prosecutors do not make recommendations to grand juries on whether to indict officers during the secret proceedings. But prosecutors do generally make such recommendations to grand juries when bringing cases against others who are not police officers, legal experts say.

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Asked why he doesn’t advise grand juries to indict officers, Creuzot provided few details. He said it’s a practice that Dallas County prosecutors have used for several years.

“I don’t have any control over the grand jury,’’ Creuzot said. “The best we can do is exercise due diligence to put the case together as best we can. We present it in a forthright manner, and honestly.’’

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Messina Madson, a former top Dallas County prosecutor who worked under DA Susan Hawk when she oversaw the office between 2014 and 2016, said Hawk started the policy to not recommend indictments against officers. Hawk, who could not be reached for comment, wanted to supply jurors with all the witnesses and evidence to make the decision for themselves, Madson said.

Madson said the policy should be reevaluated to determine whether “this practice is getting justice, and the right results.’’

Creuzot, pressed on whether he could depart from that practice, said “possibly.’’

His disclosure offers an unusual glimpse into a DA’s handling of closed-door grand jury proceedings amid ongoing national concerns about officers who are not held accountable when they use violence, particularly against people of color.

In November, a grand jury declined to indict Sgt. Roger Rudloff, despite what experts said was abundant evidence he assaulted a Latina protester when he blasted her in the breast with pepper balls. The News has identified only a handful of Dallas police officers who have been convicted of crimes over the last decade for using excessive or improper force while on duty, according to a review of court records.

Civil rights attorney David Henderson, who represented the protester injured by Rudloff, said if Creuzot wants to show he’s a leader, he should consider “taking a stand” in front of the grand jury. When Henderson was a prosecutor in Bexar County he always made recommendations to the grand jury, he said.

Several protesters during the demonstrations in 2020 were injured by projectiles fired by police.

In one of those cases, Creuzot filed a misdemeanor charge of assault against the officer, Sr. Cpl. Melvin Williams. That offense does not require grand jury approval.

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Grand juries weigh whether enough probable cause exists in felony cases to indict suspects.

‘Good shot, sir!’

Creuzot highlighted three different cases Wednesday in which he said a police officer may have taken part in “potentially criminal conduct.” Each of the incidents happened along Ervay Street between 5:30 and 5:42 p.m. on May 30, 2020.

One case involves Brandon Saenz, who lost his left eye and several teeth after an officer fired a projectile into his face. Two other unknown protesters were hit, one in the back, another in the groin.

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Video of the groin incident shows officers laughing and celebrating after the protester was struck. “Good shot, sir!” one officer shouts.

In the Saenz case, Creuzot said he does not know who fired the shot. In the other two, the DA said he is looking for the victims, but may know the identity of the officers. He declined to elaborate.

Creuzot said he believes he could present the last two cases to a grand jury without the identity of the protesters who were struck. However, they would be weaker without testimony from demonstrators, he said.

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In each incident, Creuzot said he doesn’t think the officers could legitimately claim they were defending themselves or others. They appeared to violate Dallas police rules that require officers to seek medical help for people they injured, collect expended projectiles, file reports and notify supervisors about the incidents, he said.

Creuzot’s office is investigating other cases involving potential police misconduct at the protests that are more clear-cut, but he did not provide further information.

Sgt. Warren Mitchell, a Dallas police spokesman, said the department respects Creuzot’s decision to keep investigating, adding that the department’s public integrity unit turned over all evidence.

Mitchell said Dallas police received 42 complaints about the wrongdoing of officers during the protests, several of which were sent to the oversight board that reviews police misconduct. Five complaints, including the incident involving the groin shot, remain under investigation by police, he said.

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Here are the incidents for which prosecutors are seeking witnesses:

  • 5:30 p.m., 416 S. Ervay St.: Unknown person appears to be hit in the buttocks by “less-lethal” ammunition.
  • 5:38 p.m., 400 S. Ervay St.: Brandon Saenz shot by “less-lethal” ammunition resulting in the loss of an eye.
  • 5:42 p.m., 300 S. Ervay St.: Unknown person appears to be hit in the groin by “less-lethal” ammunition.

Staff writer Madi Alexander contributed to this story.