HOUSTON – As the Houston Police Department, District Attorney’s Office and FBI continue investigating the circumstances surrounding the Harding Street raid that resulted in the deaths of two people, Channel 2 Investigates asked how other departments handle the use of so-called no-knock warrants. During our research, we also revisited another deadly raid involving this type of warrant.
During January and February of this year, more than 1,000 warrants were publicly filed with the Harris County Clerk’s Office. Of those, 12 were no-knock warrants. Among those 12 warrants, 10 were obtained by HPD, one by the Precinct 5 Constable’s Office and one by the Texas Department of Public Safety.
During the same time period in Fort Bend County, 43 warrants were filed, and seven of those were no-knocks.
According to the clerk’s office records, those warrants were obtained by the Fort Bend County Narcotics Task Force. Channel 2 Investigates then sat down with Sheriff Troy Nehls to discuss his department’s policy regarding no-knock warrants.
“Only myself or my chief deputy can approve a no-knock warrant,” Nehls said.
“What would be the justification for obtaining a no-knock? asked Channel 2 investigator Robert Arnold.
“The types of individuals inside. Maybe there's a stockpile of many weapons. You would look at criminal history offenses of the person you're going to get,” Nehls said.
Nehls said his agency uses these types of warrants sparingly because of the inherent danger.
“We do a lot of surveillance prior to executing one of these warrants. We want to make sure there are no children inside or other innocent bystanders who could be hurt or killed if the suspect decides to open fire,” Nehls said. “Frankly, my thought is the person is eventually going to have to go to a store or somewhere else. Why not just arrest them when they leave the house.”
Nehls said that while narcotics investigators may seek the warrants, they are not allowed to conduct the raids. That task falls to trained tactical offices. Narcotics officers only provide support during executions of search warrants, Nehls said.
We found no ‘no-knock’ warrants issued to the Harris County Sheriff’s Office during January and February.
Sheriff’s officials said their policy is a no-knock warrant must be reviewed through a chain of command before it is approved. Sheriff’s officials said if a deputy wants to obtain a no-knock warrant it must be approved by a sergeant, lieutenant, captain, major and eventually the chief of the criminal investigations division before it is approved. Harris County Sheriff Ed Gonzalez also announced earlier this year that deputies executing no-knock warrants must be equipped with body cameras.
KPRC found only four no-knock warrants issued in Montgomery County.
KPRC also found when someone is killed during one of these warrants, family members can find it difficult to obtain information.
In September of 2013, Ponciano Montemayor was shot and killed by a Houston police officer during a raid at his home on Birchwood. According to an affidavit used to obtain a no-knock warrant, Houston police wrote that a confidential informant provided information a day prior to the raid that more than 100 pounds of marijuana were seen in the home, along with pistols and rifles. The warrant also stated the house was equipped with numerous cameras monitoring who was approaching the home.
“He was a good man,” said Montemayor’s daughter, Amanda Montemayor.
According to the affidavit, Ponciano Montemayor was not listed as a target of the investigation. However, an autopsy report recently obtained by KPRC showed Montemayor was shot twice in the back as police were entering the home during the predawn hours. Amanda Montemayor said she tried several times to obtain the autopsy report but was repeatedly denied because she said she was told the investigation remained open. Montemayor also said it took three years before the clerk’s office would release the affidavit used to obtain the warrant.
A grand jury cleared the officer of any wrongdoing. KPRC requested from HPD, the Sheriff’s Office and the district attorney’s office documents relating to the shooting investigation. All three agencies requested that the Texas attorney general rule on whether those documents were considered publicly releasable. That ruling has not yet come down.
Even though HPD executed the warrant, the raid took place in the county, so it was the Sheriff’s Office’s homicide bureau tasked with investigating the circumstances. According to sheriff’s officials, one team of officers breached the front door of the home as a second team approached a window at the back of the house where Ponciano Montemayor’s bedroom was located. Sheriff’s officials said as officers were breaching the door to the home, another officer smashed the back window but could not immediately make entry to the home because of burglar bars. Sheriff’s officials said the officers yelled they were police and were executing a search warrant.
Sheriff’s officials said the officer manning the window saw a man in the bedroom with a gun in his hand.
Investigators said the officers ordered the man to put down the gun before seeing him walk toward the bedroom door. Investigators said the officer saw the man walking toward the bedroom door as he pointed the gun back toward the window. Sheriff’s officials said the officer opened fire because he feared for his safety and those of his fellow officers who were quickly approaching the bedroom.
Court documents read officers did recover more than 5 pounds of marijuana in the home, nearly 4 grams of cocaine, a carbine rifle and two pistols. Amanda Montemayor still just wants to know why police felt there was no other way to handle the investigation.
“As his daughter, I should be able to sit down with someone and know what their reasoning behind it was. Why did they feel like they had no other option?” Montemayor said.
As for the investigation into the Harding Street raid, Police Chief Art Acevedo said that should be complete by May 15. Harris County District Attorney Kim Ogg said a grand jury will review the case. Acevedo also recently changed HPD’s policy, requiring that only he or an executive assistant chief can approve the use of a no-knock warrant.