By Sen. Royce West
Few can claim to be totally unaware of the events surrounding the untimely death of 28-year old Sandra Bland on July 13 this year. In fact, controversy surrounding the case has garnered national and even international attention. But soon, the investigations will end and it will be up to a grand jury to decide whether the evidence presented warrants a criminal trial.
Sandra Bland died in a Waller County jail cell three days after her much-debated detainment and arrest by a Texas Department of Public Safety (DPS) trooper. I decided immediately (after being asked to comment on this case just three days after her death) that a bright light needed to be shone on the investigation that has civil rights advocates demanding justice and critics saying the victim and even her family were at fault.
On July 21, I convened a meeting of state and local law enforcement officials, state and local elected officials and civil rights advocates on the campus of Prairie View A&M University, where Ms. Bland had returned to begin a new phase of her life. We were joined by Texas’ Lieutenant Governor and fellow legislators to hear reports from DPS, Waller County Sheriff Glenn Smith, Waller County District Attorney Elton Mathis and Prairie View Police Chief Larry Johnson.
We reviewed footage of the stop by Trooper Brian Encinia; heard and viewed the confrontation and arrest. We saw time-condensed footage of the morning’s events in the area and hallway outside the cell where Bland died. Few in the room of 40-50 participants would deny that mistakes were made. I am comfortable in saying also that no one entered Ms. Bland’s cell on the morning that she expired prior to her being discovered unresponsive.
Several facts critical to current investigations quickly emerged. July 16, DPS released a statement saying that Encinia acted in violation of department policy on several counts and soon afterwards, the video of the traffic stop was made public. The same day, the Texas Commission on Jail Standards reported that Waller County Jail officials could not prove they met training standards for inmates with mental health issues and had failed to properly monitor Bland within the hour before she was found unconscious.
Amid calls for transparency, several investigations were launched. There was an internal investigation initiated by the Waller County Sheriff’s Department. DPS announced that its Texas Rangers Division would investigate Bland’s case and also asked the FBI to take a look. District Attorney Mathis formed a five-member special prosecutor panel; none of whom practice in Waller County.
I can report that DPS trooper Brian Encinia remains on administrative leave pending the outcome of the criminal investigation. Further disciplinary actions are contingent on its findings. An initial setting of the grand jury took place on Thursday, November 12. More information has been requested by prosecutors prior to another grand jury setting to be held before the end of 2015. This includes identifying the onlooker who recorded Bland’s arrest before being told to leave by Encinia.
U.S. District Civil Court Judge David Hittner has ordered Prairie View police to produce any video recorded by the two units who arrived at the traffic stop, one of which transported Bland to jail. Prosecutors have also asked Prairie View police for records that indicate training received by those officers. Hittner will hear the lawsuit filed by the family of Sandra Bland. The Texas Attorney General’s Office has joined Waller County in asking for the suit to be dismissed. Both say Bland’s death by hanging “suicide” was partly due to her family not posting bond for her release. An early January 2016 civil court setting will allow time for the criminal investigations to be completed, say officials.
