Port Aransas TX Man Brutalized By Police And Let Go Without Charges – Witness Comes Forward

Published On January 16, 2013 | By CopBlock | Articles

March 16th 2012 – A Port Aransas, TX man, Dustin McCaskill, was on his property when a Port Aransas Patrol unit pulled into his condominium complex. Two intoxicated females exited the police unit. One of the women fell, hitting her head on the ground rendering herself unconscious. Mr. McCaskill witnessed this from 60 feet away. As the woman lay unresponsive, Mr. McCaskill stated” Oh My God, Is She Okay?” Officer Carlos Del Moral responds with ” Shut up, you’re probably drunk too!!” McCaskill responded, “I’m not F*cking drunk”, then was attacked by officer Del Moral and Don Murphy.

Del Moral threw McCaskill into some bushes and then onto the ground where he continued to force McCaskill’s face into the pavement while he was handcuffed.. “You’re Going To Jail Mother F*ucker!” says Del Moral. Officer Carlos Del Moral then tag teamed his partner “Don Murphy” to take over. The officers eventually let McCaskill go with no charges. Chief Scott Burroughs initiated an internal investigation into the incident.

Burroughs had no comment about the attack to the media. Officer Carlos Del Moral did resign but the internal investigation cleared the two officers of the actual attack. However, five counts of misconduct were sustained against officer Del Moral. Detective Michael Hannon was also found to have committed one count of misconduct, mishandling the investigation.

Port Aransas Police Chief Scott Burroughs sent McCaskill the dash cam footage of the incident on two disk. McCaskill discovered that the reason the video was on two disks was because the Port Aransas Police Department cut the video when the attack began. They edited out the attack and continued the video on disk two. Proof has been forwarded to Chief Scott Burroughs of the edited video. Another internal investigation is currently being conducted within the Port Aransas TX Police Department.

Here is the video, which includes two local news stories as well as the dash cam footage from the police:

This blog post was submitted by Dustin McCaskill, of OklahomaCopBlock.org, using CopBlock.org’s submission tab.

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  • Disgusted

    Absolutely disgusting ! If this happened the way I just read it then the FBI needs to be involved. WTF is going on down there ? A bunch of god damn thugs. I hope I read in the national news that all the cops involved were slaughtered in a revenge attack. Fucking scumbags !

  • NoVideo

    You forgot to post the video, or a link to it.

  • william

    ah, so, where is the video?

  • Rudebwoy

    Yeah, where is the video?

  • Ademo Freeman

    I put it in there now. We’ve had some site issues the past week and it seemed to cause this problem as well. Sorry.

  • Tran

    Yes, it is major bs when a LEO can just call “resisting arrest” even though if they were not resisting arrest. With some common sense, I would believe if you are under handcuffs already, aren’t you arrested already? And by so, how would one resist arrest while arrested already? Jackboots and law makers are fucked in the head by all means.

    Just a citizen concerned over a hurt citizen, and he gets the knee to the back of the neck. When the officer said, you’re “probably” drunk, he should not have a LEO job, what if he was holding a phone, and the jackboot shot him, would have the response have been, at the time it was probably a gun?

    These jackboots illiterate decisions are just fucking retarded.

    If you’re a cop, and have “probably” in your sentence, you do not deserve to wear a badge.

    You need to be 100% sure before making a decision. That is the flaw, these jackboots make all the wrong decisions, more over than the correct decisions.

    Outrageous.

  • Common Sense

    Back to March of last year huh? I’m not sure if Del Moral was ‘forced to resign’ as he took another job at a different department in Texas, but if it makes you feel better, so be it.

    “…An internal police investigation has found no merit to the most serious claims made by a former Port Aransas resident that police violated the law and department policy when they arrested him on March 16.

    The investigation found that some of the man’s allegations of relatively minor police misconduct were true.

    The man who made the claim, Dustin McCaskill, said police arrested him for no good reason, used unreasonable force and committed other wrongdoings against him. He said he was disappointed in the investigation’s outcome.

    “I think they didn’t do a very thorough job, obviously,” Mc- Caskill said. “I have evidence to suggest their investigation is not all true and correct.”

    McCaskill’s mother, Lynn McCaskill, said the police investigation was “full of lies.”

    Dustin McCaskill’s allegations were detailed in a South Jetty story March 29, in a KIIITV news story and in a variety of posts that McCaskill made on at least one social media Web site.

    MCCASKILL McCaskill, 30, said he sustained scrapes on his face, head, knees, feet and arms and a bruised hip in the incident, which occurred late on a Friday evening during Spring Break.

    Moments before the incident, McCaskill said, he was standing in the parking lot of Sea Sands Condominium, smoking a cigarette, when he noticed a police truck pull into the lot.

    At the time, McCaskill lived in one of the condominium units, located in the in the 1400 block of South 11th Street. (McCaskill and his mother now live in the Austin area.)

    Carlos Del Moral, who was an officer with the Port Aransas Police Department at the time, got out of the truck, along with a reserve officer, Don Murphy, and two civilian women.

    Del Moral resigned from PAPD without explanation May 2, said PAPD Chief Scott Burroughs. Del Moral couldn’t be reached for comment. Murphy declined comment.

    Del Moral and Murphy gave the women a ride to the condominium, where the women were staying, because one of the women appeared to be extremely intoxicated when the officers spotted her earlier on the beach, Del Moral told a South Jetty reporter that night. Del Moral made the comments while the reporter was on the beach, covering Spring Break. The reporter wasn’t present when things later got physical between McCaskill and the officers. The reporter did appear on the scene in the aftermath.

    After McCaskill made his complaints to the police department, he was interviewed by the South Jetty. He said one of the women was plainly intoxicated and fell and hit her head on a sidewalk in the condominium parking lot.

    McCaskill said he walked toward the officers and the women and asked if the woman was alright.

    According to McCaskill, Del Moral turned and said, ‘Shut up, you’re probably drunk, too.’ “I said, ‘I’m not ‘F’-ing drunk,’” McCaskill said, admitting that he used a curse in his response.

    A letter written by Burroughs to McCaskill, informing him of the investigation’s conclusions, said Del Moral did utter the “probably drunk” remark, and he shouldn’t have. (The South Jetty has obtained a copy of the chief ’s letter.)

    McCaskill said Del Moral accused him of interfering and that the officer then “charged” at him, threw him into some bushes and repeatedly ordered him to stop resisting. McCaskill said he objected verbally but didn’t physically resist.

    McCaskill said he was handcuffed immediately, but Del Moral put his knee on his head, holding it against the pavement for a while after he was cuffed.

    McCaskill wasn’t taken to jail. He was released at the scene to his mother.

    McCaskill filed his complaint the next day. It was investigated by PAPD Lt. Darryl Johnson. The investigation lasted several weeks, and Burroughs released results to the South Jetty on Wednesday, June 6.

    “The investigation disproved the most serious allegations,” Burroughs wrote in an e-mail to the newspaper. “However, some departmental policy infractions were discovered, and appropriate corrective measures have been undertaken to address those issues.”

    Burroughs wrote that Mc- Caskill alleged that Del Moral arrested him but then released him because the officer didn’t have probable cause to make the arrest.

    According to Burroughs, the arrest was justified because Del Moral and Murphy “were performing a duty or exercising authority imposed or granted by law in tending to a citizen that may have been injured. … While exercising that duty, Mr. McCaskill interrupted, disrupted, impeded and otherwise interfered with their duty by encroaching into the area in a threatening manner despite repeated warnings from the officers to stay clear.”

    McCaskill said Del Moral used excessive force to arrest him.

    The investigation showed that McCaskill “actively resisted the arrest by struggling with the officers,” Burroughs wrote. “Both female witnesses and both officers reported that Mr. McCaskill actively resisted the arrest, and even after being taken to the ground, Mr. Mc- Caskill continued to actively attempt to ‘fight’ with the officers.”

    A review of the evidence “proves that the force used was reasonable,” Burroughs wrote.

    “Mr. McCaskill did not assert, nor is there any evidence that suggests, that the officers used any force other than to wrestle Mr. McCaskill to the ground and to hold him on the ground until Mr. McCaskill stopped resisting arrest.”

    McCaskill also complained that Del Moral “inappropriately commented that he would have to arrest Mr. McCaskill if Mr. McCaskill proceeded,” Burroughs wrote. “The allegation is sustained. A finding of sustained means the investigation disclosed the act complained of did occur and constituted misconduct or improper job performance.

    “Officers of the Port Aransas Police Department are trained to use discretion in making a decision to arrest,” Burroughs wrote. “After taking Mr. Mc- Caskill into custody, he and his mother spoke with Officer Del Moral about mitigating circumstances.”

    At that point, McCaskill was being held in a police truck, still in the condominium parking lot.

    “By that time, Mr. McCaskill had calmed down, the scene was under control, an adult (Mr. McCaskill’s mother) was present, and she suggested that she be allowed to take custody of him,” Burroughs wrote. “It was reasonable to conclude that Mr. McCaskill no longer posed a threat and that the officers were needed on patrol due to the high call volume at the time. It was an appropriate use of discretion to release Mr. McCaskill to the custody of his mother.

    “However, Officer Del Moral engaged in conversations with Mr. McCaskill and Mr. McCaskill’s mother that at the least can give one the impression that he was releasing Mr. McCaskill to avoid a complaint,” Burroughs wrote. “Whether or not that was his intent, the conversations were clearly inappropriate.”

    In an interview with the South Jetty, McCaskill said that Del Moral told him he wouldn’t take him to jail if he wouldn’t file a report. Mc- Caskill said he didn’t promise that, but the officers released him at the scene anyway.

    McCaskill said police talked to a witness, a man who lives at the complex, but they didn’t include his comments in written remarks about the incident. He said the neighbor corroborated his account.

    The neighbor, who was interviewed by the South Jetty but asked not to be identified, said he saw some of the incident, but not until after McCaskill was already on the ground.

    McCaskill also has said that Port Aransas police harassed him after the March 16 incident by driving through his condominium parking lot and parking there several times.

    In his letter to McCaskill, Burroughs wrote that one of his officers lived in the same condominium complex as McCaskill.

    Burroughs told the South Jetty that he didn’t find evidence that officers harassed McCaskill.

    McCaskill said he tried to file a complaint with allegations of harassment, but PAPD wouldn’t let him. Burroughs said McCaskill met with a detective but indicated during the meeting that he’d decided against filing the harassment complaint with PAPD, saying that he already had filed a complaint against the department with the FBI.

    McCaskill also met with a second PAPD detective. Burroughs said McCaskill later complained that the detective refused to let him file a complaint. The allegation is “under review,” Burroughs said.

    McCaskill’s mother said her family called police three times to complain about noisy neighbors on March 21, but police refused to come. Burroughs said PAPD got four requests for service at the condominiums between 4:30 and 8:40 p.m. that day. One came from the McCaskill home, and three came from neighbors, he said. Constable’s deputies or police “responded to all four calls and met with the complaining parties on all four occasions,” Burroughs said.

    The chief said police are checking their records again to see if there were more calls than an initial review found.

    Burroughs said the internal investigation sustained McCaskill’s allegation that Del Moral “did not facilitate” McCaskill’s request when he said he wanted to file a complaint against him.

    Also sustained, the chief said, was McCaskill’s complaint that a detective refused to provide McCaskill with the name of a police employee.

    The investigation found no wrongdoing by Murphy, the reserve officer, Burroughs said.

    Dash cam audio and video was reviewed as part of the investigation. At least one allegation was sustained as a result of that evidence, Burroughs said…”

  • Anti Cop

    And people wonder why I have absolutely “NO” respect for cops!

    Anti Cop

  • http://OklahomaCopBlock.org Dustin

    The News paper was in the tank with the police department. The paper and police department failed to mention the witness that was on the news/youtube video. I have in writing, several counts of sustained misconduct from the Port Aransas Police Department. This is why Carlos Del Moral is no longer employed with the department. He left during the internal investigation. See ya!