But troopers are also checking out drivers who may be behind the wheel longer than the law allows.However, internal documents that were forcibly released from the TX DPS in a civil rights lawsuit reveal that McGuairt is the very person who supervised and vigorously attempted to excuse, justify and defend the behavior of two Texas Troopers who are being sued for precisely that- waking up an off duty sleeping trucker while he was in his federally-mandated ten hour sleeper berth time. The trucker's lawsuit is based primarily on the fact that truckers need their sleep for safety sake, and that Troopers have no right to wake truckers up or disturb their sleep unless there is a life-or-death emergency, or unless troopers have a warrant or probable cause. The Plaintiff, Martin Hill, contends that undisturbed sleep is vital to truck drivers, so that they won't be fatigued and wont cause crashes. Hill started DontWakeMeUp.org to give updates on his civil case.
McGuairt said, "The more we enforce that, the less we're going to see drivers out there fatigued that are going to be causing those crashes throughout the day and night."
McGuairt, whose job it was to investigate the 2010 internal affairs complaint, launched a feeble yet unsuccessful attempt at defending the officers in a four page internal memo. In the memo, McGuairt alleges that the troopers never threatened to arrest Hill despite the fact that the trooper Kevin Marmor was recorded threatening Hill and stopped Hill from returning to his sleep in the commercial vehicle until he showed the trooper his ID. Marmor was recorded telling Hill "Let me stop you right there," said it was a "jailable offense" for Hill not to show his ID, said "we damn sure can ID you," and "If you fail to ID, then you can go the other route."
Here is Christopher S. McGuairt in a TV news clip from 2012, warning of fatigued truck drivers "causing those crashes throughout the day and night." It's apparent that McGuairt likes to put on a good show for the public yet in reality would rather his police exercise raw power and wake up truckers since they "have the badge and the gun," which is what his officer threatened Hill with in the exchange that launched the civil suit.
In the original incident on the roadside at the weigh station, Hill, dismayed at being woken up for no reason only a few hours into his required ten hour sleep break, had questioned the trooper who was threatening him:
Marmor: If you're in the sleeper berth, then sure, we don't have any right to ask for your logbook, but we damn sure can ID you.
Hill: You have a right to wake up the person in the sleeper?
Marmor: Yes we do.
Hill: Does she or do you?
Marmor: She does too.
In Hill's case, McGuairt was a key defender of the cops in the early stages, attempting all sorts of contortions and deceptions to excuse the officers on all counts. On November 22, 2010, for example, McGuairt claimed that he could not find Hill to correspond with him regarding the internal affairs investigation, despite the fact that numerous TX Dept.of Public Safety employees were in regular contact with Hill via his long established postal address, telephone number, fax number and e-mail address, all of which were clearly printed on the official original complaint submitted to the agency. Hill filed the formal complaint against the two officers on 11/18/10. McGuairt, purportedly conducting an internal affairs investigation into the matter, conveniently neglected to contact Hill via his phone, fax, e-mail or postal address, claiming he couldn't find him. All of Hill's contact information was clearly listed in original documents released by the department in discovery. McGuairt never did contact or speak to Hill about the complaint. Yet despite this, in the end, McGuairt's incompetent attempts to coverup, distort and excuse the officer's wrongdoing failed. Captain Kenneth Plunk of the Waco Commercial Vehicle Enforcement Division admitted wrongdoing on behalf of the officers in a written statement to Hill at the conclusion of the investigation, noting that "corrective action was needed" against both officers and that "additional training has been taken." In addition, the recently disclosed internal memo from Plunk dated 12/15/10 stated that passengers are under no obligation to show ID without probable cause. Much to his credit, Kenneth Plunk appears to be the singular cop involved in this whole mess who has even a shred of honesty or integrity. [Full text is at the bottom of this page.]
It is unknown if Sergeant Christopher S. McGuairt was the supervisor of the two Texas Troopers who sexually groped two women in July of 2012, or if he approves of such action as well. 38-year-old Motorists Angel Dobbs, and her niece Ashley Dobbs, 24, were 'made to submit to invasive grope-downs in full view of passing motorists' and later filed a lawsuit. Texas Troopers David Farrell and Kelley Helleson pulled the two women over for an allegation of littering and "performed searches on both women, touching both their anus and vaginas, without changing the latex gloves between searches." Whether or not McGuairt was the supervisor in that case, the deranged mentality of 'our boys in blue can do no wrong' is one that breeds corruption and flagrant systematic abuse of the public's privacy rights.
In an INTEROFFICE MEMORANDUM memo dated 12/9/10, [View the document here: [Page 1] [Page 2] [Page 3] [Page 4] Sergeant McGuairt stated, in part,
"Mr. Hill refused to provide Inspector Aguinaga with his CDL and in doing so asked her if the need for the license was 'a request or a demand" to which she replied it was "a request". He refused her request and she allowed him to leave unimpeded. This statement and all others pertaining to this conversation are not refuted by Inspector Aguinaga. Through my investigation I have located a "youtube" audio clip of the conversation between Mr. Hill and the inspector through www.examiner.com. a website through which Mr. Hill posts various news topics, in which she displays professionalism and courtesy. This recording was done so by Mr. Hill surreptitiously during this contact. (Two other audio clips exists on this website containing conversation between Trooper Marmor and Mr. Hill)."McGuairt continues
"Mr. Hill's exiting the sleeper berth to meet with the Inspector was done so on his own accord and without instruction by any law enforcement or non-commissioned personnel."
McGuairt's contention that Hill just decided to get woken up in the middle of the night 'on his own accord,' and exited the truck willingly, only to magically then refuse to show them his ID, exhibits the logic of a deranged psychopath. Furthermore, if it was true that Hill exited the vehicle 'on his own accord' after the officers demanded ID, at the point when he refused that ID why did the female Trooper, according to her own written confession, call Trooper Kevin Marmor on his cell phone and complain that Hill refused to show her ID? At that point Marmor ran to the vehicle's passenger door, jumped on the running board and proceed to threaten Hill with arrest for over 5 minutes if he didn't show ID. Hill recorded the exchange on his cell phone and posted it on youtube afterwards in a series of three clips, which McGuairt acknowleges listening to in his report.
Defending the Trooper, McGuairt states
"Trooper Marmor is not heard at any time in the audio clip speaking to Mr. Hill in a manner which would make a reasonable person feel they are "under duress" or "threat of arrest". Trooper Marmor speaks to Mr. Hill the entire audio clip in a calm and professional manner."What the recordings actually reveal, however, is that Marmor stated
One interesting revelation in the disclosure documents is that defendant Marmor confirmed in writing what Hill described in 2010 but had not recorded. When Hill told Marmor that he didn't even know who he was, Marmor replied by stating "Im the one with the badge and the gun." Marmor's own statement in the internal affairs investigation states, in part,
"He (Hill) advised me that when speaking with the Inspector he asked her if she was requesting or demanding his license. He stated that she told him that it was a request. He advised me that he refused the request. I then explained to him the difference between a Civilian Inspector and a Peace Officer. I also explained that the reason for identifying him was a common practice and that all passengers in a vehicle or commercial vehicle that had been stopped would be identified. He responded saying that he wanted to see my ID. I told him that I was in full uniform including a clearly displayed badge and gun, which identified me a Peace Officer. The codriver asked me if I was requesting or demanding his Driver License. I responded by saying, "I'm telling you" at which time the co-driver complied."McGuairt, who reportedly earns $64,402 a year, concluded "I have spoken with Trooper Marmor since the start of this investigation of his requirement to identify himself properly on future contacts if requested , though the alleged request by the complainant was vague."
Here are some of the documents recently released in this case:
Look who's coming to vsit!
Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, RomanCatholicReport.com, Republic Broadcasting Network, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.
|TEXAS DEPARTMENT OF PUBLIC SAFETY INTEROFFICE MEMORANDUM
To: Tim Thompson, Major, Region VI
From: Kenneth Plunk, captain, CVE, Region VI
Subject: Citizen Complaint by Mr. Martin Hill
I have reviewed the information provided by Sergeant Christopher McGuairt and the complainant Mr. Martin Hill and formulate the following conclusion. I concur with most of Sergeant McGuairt's findings however a few items need to be addressed.
Sergeant McGuairt is accurate in his statement that it is a legal practice to attempt identification of the driver and passengers, regardless if articulated facts exist to support this request for identification. Though there may be no issue with attempting to identify a passenger, unless you have an articulate reason regarding your or other's safety or criminal activity is present, the passenger is under no obligation to comply with this request. When Mr. Hill asked Trooper Marmor if he (Marmor) was requesting or demanding his driver license, Trooper Marmor stated "I'm telling you" - this statement is not a request it is a demand.
At no time did Trooper Marmor state to Mr. Hill that he would be arrested, however he did tell him that it was a "jailable offense" for Failure to Identify. The charge of Failure to Identify under Penal Code 38.02 would not be applicable to this contact.
Sergeant McGuairt has addressed with Trooper Marmor his requirements to identify himself properly on future contacts. Sergeant McGuairt will also address with Trooper Marmor proper procedure and additional training regarding the offense of Failure to Identify and how it relates to roadside contacts.