Two former officers with the Willis Police Department were sentenced to a year in the Montgomery County jail for falsifying documents in an incident in which they tased a suspect as he ran from their police cars.
Kenneth Elmore and John McCaffery received the sentence from District Judge Lisa Michalk after a jury on Friday convicted the officers on charges of tampering with a governmental record, the Houston Chronicle reported.
The two were fired in May 2018 and now have surrendered their law enforcement officer licenses, the Chronicle reported. Charges against the tasing victim, Kedric Kizzie, were dismissed.
Elmore, McCaffery and a third officer responded on July 29, 2017, to a domestic violence call. Kizzie allegedly had been asked to leave the home, did so, but then returned to get his belongings.
When the two officers told Kizzie he had a warrant on a Class C misdemeanor charge against him, he ran. Prosecutors said McCaffery told his colleagues he was going to tase Kizzie because the officer was upset that Kizzie, who is black, had called him “boy.” The officers chased him and fired at him with stun guns from inside their vehicles, the newspaper reported.
District Attorney Brett Ligon and Chief Prosecutor Darla Faulkner said the officers later lied about the incident to the DA’s office and in various reports they had to file, including the arrest report. According to the Chronicle, prosecutors said the officers reported they had asked Kizzie to stop running, a claim that video evidence refuted.
Kizzie’s attorney Earl Oaks told the Chronicle his client is elated. “He feels like justice has been served, and he really feels like a lot has been taken off his shoulders,” Oaks said.
Kizzie has filed a civil suit against the officers and the City of Willis, the newspaper reported.