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Brian Claunch shooting intensifies pressure on Houston police Brian Claunch shooting intensifies pressure on Houston police
(6 months later)
Brian Claunch lived and died in the Healing Hands home for people with mental-health problems, a drab little house in Houston's deprived East End. It stands on a tree-lined street that is quiet but for the baritone horns of passing freight trains with better places to be.Brian Claunch lived and died in the Healing Hands home for people with mental-health problems, a drab little house in Houston's deprived East End. It stands on a tree-lined street that is quiet but for the baritone horns of passing freight trains with better places to be.
At around 2am last Saturday Claunch, a wheelchair-bound double amputee, became unruly after demanding a fresh supply of cigarettes and soda from the home's caretaker, who dialled 911. According to police, Claunch grew violent and made threats when officers arrived and the 45-year-old "waved a shiny object in his hand in their direction". Fearing for the safety of his cornered fellow officer, Matthew Marin shot Claunch in the head. The object was a ballpoint pen.At around 2am last Saturday Claunch, a wheelchair-bound double amputee, became unruly after demanding a fresh supply of cigarettes and soda from the home's caretaker, who dialled 911. According to police, Claunch grew violent and made threats when officers arrived and the 45-year-old "waved a shiny object in his hand in their direction". Fearing for the safety of his cornered fellow officer, Matthew Marin shot Claunch in the head. The object was a ballpoint pen.
Claunch had lived at the home since last March. Healing Hands was one of 12 facilities in which he had spent time after becoming a ward of the Harris County Guardianship program in 2003.Claunch had lived at the home since last March. Healing Hands was one of 12 facilities in which he had spent time after becoming a ward of the Harris County Guardianship program in 2003.
Judge Mark Kent Ellis came across Claunch in 2009, when he was charged with possession of cocaine. Ellis sent him to a Texas mental-health facility. Claunch, who had suffered brain-damage, was schizophrenic. Unfit to stand trial, he was placed into care in the community.Judge Mark Kent Ellis came across Claunch in 2009, when he was charged with possession of cocaine. Ellis sent him to a Texas mental-health facility. Claunch, who had suffered brain-damage, was schizophrenic. Unfit to stand trial, he was placed into care in the community.
"He was homeless, basically, before he was arrested in this case," Ellis said. "According to him he had brothers and sisters and had even been married in the past and had children but none of them had anything to do with him. He was a mess.""He was homeless, basically, before he was arrested in this case," Ellis said. "According to him he had brothers and sisters and had even been married in the past and had children but none of them had anything to do with him. He was a mess."
Claunch kept vanishing. On one occasion he left a home because staff refused to let him watch television.Claunch kept vanishing. On one occasion he left a home because staff refused to let him watch television.
"He'd leave many of the homes where he was placed and be gone for months at a time," said Estella Olguin, a spokesperson for the Harris County Guardianship program. "He was stable and stayed in this home, probably a pretty long time for Brian to stay put.""He'd leave many of the homes where he was placed and be gone for months at a time," said Estella Olguin, a spokesperson for the Harris County Guardianship program. "He was stable and stayed in this home, probably a pretty long time for Brian to stay put."
Court records show that since the mid-1980s Claunch had spent time in prison for drug offenses and crimes such as trespass and auto theft. Over the last decade he had been regularly assessed by doctors, after being found mentally incompetent. He apparently had a sense of humor. One court document, from 2006, asked Claunch to note the age of his mother. He wrote: "Up there."Court records show that since the mid-1980s Claunch had spent time in prison for drug offenses and crimes such as trespass and auto theft. Over the last decade he had been regularly assessed by doctors, after being found mentally incompetent. He apparently had a sense of humor. One court document, from 2006, asked Claunch to note the age of his mother. He wrote: "Up there."
The Associated Press reported that Claunch had told authorities he had lost an arm and a leg in 1990, after lying down on a railroad track because he wanted a train to dismember him and purge the devil from the left side of his body.The Associated Press reported that Claunch had told authorities he had lost an arm and a leg in 1990, after lying down on a railroad track because he wanted a train to dismember him and purge the devil from the left side of his body.
Judge Ellis runs a successful special court program for defendants with mental-health problems. In three years more than 500 people have gone through the process and the recidivism rate is 11.7%, far below the norm. Claunch was too ill to be healed, but he could be managed.Judge Ellis runs a successful special court program for defendants with mental-health problems. In three years more than 500 people have gone through the process and the recidivism rate is 11.7%, far below the norm. Claunch was too ill to be healed, but he could be managed.
"He was a success, from our standpoint," Ellis said. "We feel like we'd placed him in a situation where he could function. Everyone who interviewed him said he was pleasant, cooperative, but when you got beyond the standard measures, the basics, his mind would wander, he could not do any high-level mental functioning. He could not make decisions. He would not have reacted to a high-stress situation like you or I.""He was a success, from our standpoint," Ellis said. "We feel like we'd placed him in a situation where he could function. Everyone who interviewed him said he was pleasant, cooperative, but when you got beyond the standard measures, the basics, his mind would wander, he could not do any high-level mental functioning. He could not make decisions. He would not have reacted to a high-stress situation like you or I."
John Garcia, who runs the Healing Hands care home, told KHOU local news it was possible that static on the line during the 911 call could have meant the operator had not realized Claunch was mentally ill.John Garcia, who runs the Healing Hands care home, told KHOU local news it was possible that static on the line during the 911 call could have meant the operator had not realized Claunch was mentally ill.
"I'm not saying he would hurt the police, but Brian was very strong and he was very agile," Garcia said. "He was fast. He could spin that wheelchair around like kids on a bicycle.""I'm not saying he would hurt the police, but Brian was very strong and he was very agile," Garcia said. "He was fast. He could spin that wheelchair around like kids on a bicycle."
Claunch's death prompted fresh protests from Houston community groups who had previously accused the police of using excessive force. The groups want changes in how officers are trained and incidents are investigated. In 2011 Houston's mayor, Annise Parker, created a citizens review panel, the Independent Police Oversight Board. Its activities are not made public.Claunch's death prompted fresh protests from Houston community groups who had previously accused the police of using excessive force. The groups want changes in how officers are trained and incidents are investigated. In 2011 Houston's mayor, Annise Parker, created a citizens review panel, the Independent Police Oversight Board. Its activities are not made public.
"This man did not have to die. He was killed in cold blood. The training of the Houston police department's officers must change," said Quanell X, a community activist, at a vigil outside the Healing Hands home on Tuesday. "They called to get him assistance. They did not call to have him murdered.""This man did not have to die. He was killed in cold blood. The training of the Houston police department's officers must change," said Quanell X, a community activist, at a vigil outside the Healing Hands home on Tuesday. "They called to get him assistance. They did not call to have him murdered."
Last May, there were protests outside the Harris County Courthouse in downtown Houston after an all-white jury acquitted a former officer accused of involvement in the beating of a black burglary suspect, Chad Holley. Video footage of the incident, which occurred in March 2010, showed officers kicking and stomping on the teenager as he lay on the ground. Three officers are awaiting trial. Seven were dismissed by Charles McClelland, the chief of police, though two regained their jobs on appeal.Last May, there were protests outside the Harris County Courthouse in downtown Houston after an all-white jury acquitted a former officer accused of involvement in the beating of a black burglary suspect, Chad Holley. Video footage of the incident, which occurred in March 2010, showed officers kicking and stomping on the teenager as he lay on the ground. Three officers are awaiting trial. Seven were dismissed by Charles McClelland, the chief of police, though two regained their jobs on appeal.
On Monday, McClelland issued a statement saying that he had brought in the FBI to help with the investigation into Claunch's death and asking for public judgment to be reserved until all the evidence has been gathered.On Monday, McClelland issued a statement saying that he had brought in the FBI to help with the investigation into Claunch's death and asking for public judgment to be reserved until all the evidence has been gathered.
The Houston Chronicle reported that since taking charge almost three years ago, McClelland has fired 63 police officers and disciplined nearly 1,300 of the 5,200 members of the department. Another 983 were ordered to receive counseling.The Houston Chronicle reported that since taking charge almost three years ago, McClelland has fired 63 police officers and disciplined nearly 1,300 of the 5,200 members of the department. Another 983 were ordered to receive counseling.
In 2008, the Houston police department pledged to revise its firearms training after a legal fight by the parents of Eli Escobar Jr, a 14-year-old killed five years earlier by a rookie policeman who was subsequently convicted of negligent homicide. But controversies have continued. John T Barnes Sr was shot dead in 2009 after an officer intervened in an argument between Barnes and his partner. It took more than five months for the city to release the autopsy report, which revealed that Barnes had been shot repeatedly in the back.In 2008, the Houston police department pledged to revise its firearms training after a legal fight by the parents of Eli Escobar Jr, a 14-year-old killed five years earlier by a rookie policeman who was subsequently convicted of negligent homicide. But controversies have continued. John T Barnes Sr was shot dead in 2009 after an officer intervened in an argument between Barnes and his partner. It took more than five months for the city to release the autopsy report, which revealed that Barnes had been shot repeatedly in the back.
Rufino Lara was killed by an officer last July. Police said he had turned around rapidly with a hand tucked under his shirt, but two witnesses said his hands had been in the air. Lara did have something concealed in his waistband: a beer can.Rufino Lara was killed by an officer last July. Police said he had turned around rapidly with a hand tucked under his shirt, but two witnesses said his hands had been in the air. Lara did have something concealed in his waistband: a beer can.
The district attorney's annual report states that last year Harris County's police integrity division investigated 36 officer-involved shootings. Of those, 16 were fatal, up from 13 in 2010. The city of Chicago, which has a population roughly two-thirds the size of Harris County but more than twice as many officers, saw 60 police shootings last year and 23 fatalities. By comparison, all police in England and Wales discharged firearms on average 6.6 times per year between 2001 and 2009.The district attorney's annual report states that last year Harris County's police integrity division investigated 36 officer-involved shootings. Of those, 16 were fatal, up from 13 in 2010. The city of Chicago, which has a population roughly two-thirds the size of Harris County but more than twice as many officers, saw 60 police shootings last year and 23 fatalities. By comparison, all police in England and Wales discharged firearms on average 6.6 times per year between 2001 and 2009.
A Houston police spokesperson said that because of the ongoing investigation he was unable to say why an officer from the Crisis Intervention Team (CIT), a unit specially trained to deal with people suffering mental-health problems, had not been sent to the Healing Hands home.A Houston police spokesperson said that because of the ongoing investigation he was unable to say why an officer from the Crisis Intervention Team (CIT), a unit specially trained to deal with people suffering mental-health problems, had not been sent to the Healing Hands home.
Ellis said: "They are literally a model for the country. We could have had officers... who would have dealt with it in a much different way."Ellis said: "They are literally a model for the country. We could have had officers... who would have dealt with it in a much different way."
Healthcare budget cuts mean that states increasingly rely on police as first responders in crisis situations involving people with mental-health problems. Police in San Francisco decided to form a CIT last year after a string of high-profile shootings.Healthcare budget cuts mean that states increasingly rely on police as first responders in crisis situations involving people with mental-health problems. Police in San Francisco decided to form a CIT last year after a string of high-profile shootings.
Earlier this month, the US Department of Justice announced that an investigation into policing in the city of Portland, Oregon, found that the Portland Police Bureau "has engaged in an unconstitutional pattern or practice of excessive force against people with mental illness" and that "gaps in the State's mental-health system [led] to an increase in police encounters with people with mental illness".Earlier this month, the US Department of Justice announced that an investigation into policing in the city of Portland, Oregon, found that the Portland Police Bureau "has engaged in an unconstitutional pattern or practice of excessive force against people with mental illness" and that "gaps in the State's mental-health system [led] to an increase in police encounters with people with mental illness".
Harris County, which covers about four million inhabitants of Houston and surrounding areas, spends $50m a year on incarcerating people with mental-health problems.Harris County, which covers about four million inhabitants of Houston and surrounding areas, spends $50m a year on incarcerating people with mental-health problems.
Ellis said: "Our legislature has persistently cut mental-health funding. [Among the 50 states, Texas is] No50 in mental-health funding per capita. At any given time a quarter of our population in the county jail are on psychotropic medication."Ellis said: "Our legislature has persistently cut mental-health funding. [Among the 50 states, Texas is] No50 in mental-health funding per capita. At any given time a quarter of our population in the county jail are on psychotropic medication."
Brian Claunch will be buried on Monday.Brian Claunch will be buried on Monday.
"For the first time in 30 years he was in a situation where he was safe, supervised, on his medication, functioning as well as he could function in our society at this point in time. That's the sad thing as much as anything," Ellis said. "We finally got him in a good place and he gets shot by a policeman.""For the first time in 30 years he was in a situation where he was safe, supervised, on his medication, functioning as well as he could function in our society at this point in time. That's the sad thing as much as anything," Ellis said. "We finally got him in a good place and he gets shot by a policeman."
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