Bexar County Homicide

MetLife Group Life Claims

123 Wyoming Ave

Scranton Pennsylvania, 18503

November 7, 2012

Expert Witness Report

Claims Department:

To whom it may concern:

I am a police practices expert and an independent film producer. I have been retained as a consultant to investigate a police homicide involving members of the Bexar County Sheriff office in Texas. On August 6, 2011, Michael Henderson was killed by police gunfire after allegedly failing to surrender to a Bexar County SWAT team. On its face, the case is a simple justified police homicide. However, my investigation leads me to believe that this is not a justified use of police force.

The police report released to Mr. Henderson's wife is deficient in information that would support the use of deadly force. The shooting is summarized in less than one paragraph. In the limited information provided by the police, the evidence justifying the shooting is contradictory and dubious. The police and the county attorney are resisting the release of the full homicide report claiming that there is a criminal investigation that would be harmed. Strangely, they have not told Mrs. Henderson who they are investigating. Perhaps they are investigating an officer or a SWAT team member. We have appealed the withholding of the records by the Sheriff to the Texas Attorney General’s office. Today, we received a ruling from the Texas, AG. The police have been ordered to release an important portion of the information they have been withholding. That additional information will be added to my report after the police comply with the Texas AG order.

Evidence reviewed:

In the course of my investigation, I reviewed the police reports publicly available, crime scene photographs, witness statements and approximately 10 hours of video and audio recordings with Mr. Henderson's wife Tyra Henderson. I have also reviewed cell phone footage of the police action filmed by neighbors. As a use of force expert, the information I have reviewed leads me to conclude to a reasonable degree of professional certainty that this homicide was a misuse of police force.

The police report states that Mr. Henderson was hiding under a bed. Allegedly, he pointed a weapon at an officer. The Bexar county police report offers no evidence to support this claim. Modern beds are close to the floor. Mr. Henderson was a large man 5’4 250 lbs. It is unlikely that he could squeeze under a bed without great difficulty. If he did, it would undoubtedly interfere with his movement. The police report claims that the Swat team attempted to extract Mr. Henderson from under the bed, at the same time that Henderson was pointing a weapon at the officers. The police also claimed that they deployed a taser, but they do not say if the taser was fired. If the taser was fired, did it work?  We don’t know. If it were used the taser would have rendered Henderson helpless. There was no evidence in the residence supporting the deployment of a taser. If it had been deployed there would be taser cartridges at the crime scene. If the police retrieved the cartridges they do not say so in their reports and my review of the homicide victims body did not show evidence of taser puncture wounds.

It is not consistent with police training for the police to extract Mr. Henderson while shooting him with a taser. The officers would have to stand clear if the taser were deployed.  The deputies would not be pulling Mr. Henderson because they would be subject to the taser electrical charge (50,000 volts) if they were in physical contact. Moreover, the officers would not use a taser against an armed suspect. And the police contradict themselves when they imply in the report that Henderson knew they were police by their uniform. If Mr. Henderson were under the bed on his back, it is unlikely he could see what the officers were wearing because he would be looking up at a box spring mattress. His view would be of the officer’s feet. Was he on this back? The police report does not say what position he was in when Henderson allegedly pointed the weapon at officers.

In addition to these questions there are substantial questions about why the police officers came into the residence. Mr. Henderson was stationary in his bedroom and alone in the house before the police entered. He was not firing his weapon at officers and he was asking to be left alone. The police report does not explain why they entered the residence or what failed in the prior telephone negotiations with Mr. Henderson before the shooting. His family was not allowed to speak with him. How long did the police negotiate and what did they say?

Mrs. Henderson has supplied my office with evidence that her husband was a whistle-blower in a countywide corruption scandal prior to the shooting and that this may have caused him to go into depression. We need more information before we can say that this secondary issue played a role in the shooting. However, there are many questions unanswered by the evidence which is currently publicly available. Based on the information I have reviewed I believe that this is a case of excessive force.

It is my understanding that your office has relied on the conclusions of the Bexar County Sheriff office and County prosecutor's office for a determination regarding insurance liability in this homicide. If Mrs. Henderson's insurance claim has been denied based on information from the Bexar County Sheriff's office the decision deserves reconsideration. Bexar County Sheriff office is one of the most troubled police departments in the country. Policeabuse.com monitors police conduct nationally. We have received many complaints about Bexar county sheriffs. The complaints include wrongful shootings, vulgar and offensive conduct and a general disdain for public safety by Bexar county deputies. In one instance a woman reported that the deputy spat in her face. In another case, a father reported that his son was shot by an off-duty Bexar county deputy in an off-duty love triangle.

The parents of the shooting victim said Bexar County showed no interest in conducting a thorough and impartial investigation of the shooting. But i do not have to rely on anecdotes from misconduct victims  I have dealt directly with Bexar County IA. In 2010, I was told that a woman abused by an officer could not have her case investigated because the officer had resigned. After my client complained about the officer, she was ignored by Bexar County. The officer went on a county wide crime spree. He was later arrested for robbery and other felonies. Bexar County is not an agency that can be trusted to look for the facts when they have a direct interest in the outcome of the investigation.

I intend to testify in a federal lawsuit on behalf of Mrs. Henderson against the Bexar County Sheriff office. My testimony will be consistent with the information supplied to your office in this report. I formally request that you add this report summary to your case file concerning Mrs. Henderson's insurance claim. It is my professional opinion that Mrs. Henderson's insurance claim should not be denied based on the investigative conclusions by the Bexar County Sheriff office that this was a justified homicide. The Bexar Sheriffs have demonstrated that the agency has a history of dismissing serious complaints and a demonstrably poor record of employee supervision and discipline. Bexar County’s investigation of their deputies is not an independent or credible source for reviewing this homicide. I submit this report with confidence that responsible parties will consider the facts supporting my conclusions. Feel free to contact me regarding the evidence and conclusions in this report.

Kamau

1400 Village Square Blvd. Suite 3-161

Tallahassee, Florida, 32312

Telephone 800-473-5097 Fax 866-576-9993

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