Clerk mistook officer for robber
By Deanna Boyd and Melody Mcdonald
Star-Telegram Staff Writers
FORT WORTH - Police acknowledged Friday that an undercover officer was masked and brandishing a gun when she was shot by a store clerk who believed that he was about to be robbed.
Officials initially disputed witness accounts about the mask, a knit ski-type mask called a balaclava, and said the officer was shot Thursday evening as she and other police went into the E-Z Food Store to arrest a man suspected of selling drugs.
They also revised their account to say that, contrary to their original statement, the officer was not wearing a bullet-resistant vest when she was shot under the left armpit.
The 40-year-old officer, who is not being identified because of her undercover assignment, was upgraded from critical to serious condition at John Peter Smith Hospital on Friday afternoon.
Bao Nguyen, son of the store owner, said the masked officer never identified herself as a police officer as she entered the business at 968 Elmwood Ave. He also said he did not see any police insignia on the officer's raid jacket -- only a "dark figure" with a gun -- when he pulled his .380-caliber handgun and fired once.
"In my mind, I knew if I didn't shoot this person, they're going to shoot me first and then my dad," Nguyen, 28, said.
Police said they are investigating whether the officer followed proper procedure when she walked into the store wearing a mask and carrying a gun, instead of waiting for the suspect to exit.
"I don't know why they went into the store to make an arrest," said Lt. Jesse Hernandez, a police spokesman. "If you are going to go make an arrest of someone who just sold drugs, you might want to draw your gun.
"This is still early; we are still looking at everything. I don't have answers to all your questions yet."
Police Chief Ralph Mendoza did not return calls to his pager late Friday afternoon. Hernandez said neither he nor the chief would comment on department policies until an internal review is complete.
City Manager Gary Jackson said Mendoza had told him that circumstances surrounding the use of the mask and entering a business to make an arrest would be evaluated. He also said departmental policy does not require officers to wear bulletproof vests.
"It is a routine matter in serious incidents like this to do an incident evaluation," he said.
Hernandez said he provided inaccurate information about the mask and bulletproof vest Thursday night because of the chaos that occurred immediately after the shooting.
"I gave you the best information I had at the time," he said. "Some of it came from officers who got there after the fact. They weren't real sure."
Hernandez said undercover officers typically wear pull-on masks "to conceal their identity because they may be a 'buy' officer one day and they don't want to be recognized."
He said no decision has been made on possible charges against Nguyen, who was questioned and released Thursday night.
"We'll collect the facts and, if warranted, he may face a grand jury referral," Hernandez said. "It may very well turn out to be a tragic accident."
On Friday morning, the store's owner and his wife reopened the business.
They were joined later in the afternoon by Bao Nguyen, who said he felt sick after the shooting and had difficulty sleeping.
He arrived, visibly shaken, to a swarm of reporters seeking his account of events.
Nguyen and his father, who asked not to be identified, said they did not own a gun when they bought the store in May 2000. They said they later purchased two, one for each to carry while working, on the advice of Fort Worth police.
"We have a good relationship with police," the owner said, adding that officers typically frequent his store, giving advice and keeping an eye on the business.
Nguyen said he had no clue that he had shot an officer until his father called 911 and dispatchers indicated that police were already there.
"In my mind, I'm thinking, 'How can this be?' " Nguyen said. "I heard from outside a voice saying, 'Officer down.' That's when I realized it."
Soon after, officers stormed into the store.
"They were yelling and cussing," the owner said. "I just put my hands up. I tell my son, 'You put your hands up and do whatever they say.' "
Nguyen said he quickly acknowledged responsibility for the shooting.
"They asked, 'Anybody else in the building?' I said no. They asked, 'Who fired the shot?' I raised my hands up and said, 'I did.' "
Nguyen, his father and the customer whom police were attempting to arrest when the shooting occurred, were ordered on the floor and were handcuffed.
James Crenshaw, 27, admitted selling a $20 rock of crack cocaine to the undercover officers and was booked into Mansfield Jail, where he remained Friday, police said. Police said he faces a charge of delivery of a controlled substance less than one gram, a state jail felony.
The father and son were taken to police headquarters for questioning until almost midnight, when they were driven back to the store and released.
Nguyen and his father said they believe that the shooting could have been avoided if the officer had identified herself.
"It happened too fast," Nguyen said. "I just concentrated on the mask and the gun [she was] holding."
Sam Walker, a professor of criminal justice at the University of Nebraska at Omaha who specializes in police accountability, said the shooting might have been avoided if officers had waited for the suspect to leave the store or used a uniformed officer to make the arrest.
"I think they are creating a very high-risk situation, entering a commercial establishment with a gun and a mask and a hood," Walker said.
"I think the average person would not assume someone with a hood on is a police officer. ... I haven't actually heard of many cases like this. I think it would certainly be an occasion for this department and others to clarify their policies."
Hernandez said a review is under way.
"Anytime something like this happens, obviously, we will go back and review our policies, our procedures, our practices, and see if there is something we need to do differently and make those adjustments as we need to," Hernandez said. "If we make mistakes, then we will correct those."
The wounded officer, a single mother of a young daughter, has been with the department since 1995. Sources said the woman has worked in narcotics enforcement for much of her career, including work at another police agency and as a member of drug task forces before coming to Fort Worth.
"That's her main interest," one officer said. "That's all she ever really tried to work. That's where she has put her efforts. She definitely is experienced beyond her tenure with our department in narcotics."
Nguyen said he feels remorse over the shooting and would like to one day meet the officer and apologize to her and her family.
"To the one I shot, I'm really sorry," Nguyen said. "I pray for her."
http://www.dfw.com/mld/dfw/4873541.htm
, why don't the police ALL wear their vests. Five very lucky Texas cops in 2 days shot and still alive. Vests would have helped all of them a lot....