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2 Officers Indicted In Parking Lot Raid

Damage Claims Could Cost City Millions

POSTED: Friday, December 6, 2002
UPDATED: 4:56 pm CST December 6, 2002

A Houston grand jury Friday indicted two Houston police officers, including Capt. Mark Aguirre, who headed the Kmart parking lot raid in which hundreds of people were arrested over the summer.

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Aguirre and Sgt. Ken Wenzel, who was the field leader for the operation, were each charged with five counts of official oppression.

Attorneys on both sides of the case said that they are now watching to see what sort of effects these indictments will have on the police department.

"It's going to give a chilling effect all through law enforcement," defense attorney Terry Yates said. "The negative consequences are going to occur in law enforcement, besides what's directly occurring to my clients."

"It's not indictments on police in general," Prosecutor Tommy LaFon said. "It's certainly not an indictment on the Houston Police Department in general. What this grand jury and what this investigation focused on was the individual acts of some of the officers involved."

The grand jury was investigating whether officers of the Houston Police Department broke the law during those arrests.

The raid happened Aug. 18 in the parking lot of a Kmart department store, located in the 8400 block of Westheimer Road, in southwest Houston.

Aguirre was one of 12 HPD supervisors who were suspended in the wake of the raid.

Sources have told News2Houston that two of the officers involved in the arrests have been granted immunity from prosecution in exchange for their testimony.

HPD officials had previously said that it conducted the crackdown in response to numerous complaints from citizens and previous police surveillance regarding street racing and large crowds forming in the area.

Police said the crowds impeded the access to and from businesses and that as a result of the operation nearly 300 people were arrested, with the majority being charged with criminal trespass.

Witnesses said that innocent customers were among those arrested.

All charges were eventually dropped, but the mass arrests sparked damage claims and lawsuits that could cost the city millions.

One of those people arrested has filed a $100 million lawsuit against the city, accusing Aguirre and the city of falsely arresting him for "attempted trespass."

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