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Friday, May 7, 2010

[TX] Sgt. Boswell "No Billed" on domestic assault of wife charge

...A lawyer for suspended Bryan police Sgt. Brett Boswell said he hopes his client is immediately reinstated after a grand jury declined to indict him on family violence charges... Lawyers on both sides declined to comment on the evidence presented to the grand jury on Thursday or their view of what happened that night...

What evidence was and wasn't presented?

PREVIOUSLY:
[TX] Police Sgt. Boswell arrested for family violence. (How much violence is too much?) - ...Mrs. Boswell told authorities she was pushed up against the wall by her husband, struggled to get away, only to slip off the wall. She said both lost their balance as a result and fell to the ground... Her injuries included a red, swollen left-hand impression on her right forearm and an abrasion on her right shoulder blade from falling on the ground, a swollen right middle finger and a red abrasion to the tricep area of her right arm, according to the police report...

BRYAN POLICE OFFICER CLEARED IN DOMESTIC ASSAULT CASE
A Bryan Police sergeant has been cleared of criminal charges in connection with a domestic dispute.
Reporter: Joe Brown
May 6, 2010
A Bryan Police sergeant has been cleared of criminal charges in connection with a domestic dispute. Brett Boswell, 37, was "no billed" by a Brazos County grand jury Thursday. Boswell was accused of pushing his wife during an argument at the couple's home in January. But after looking at the evidence, the grand jury determined there wasn't enough to warrant an indictment. Boswell still faces a Bryan Police Department internal investigation. In the meantime, he remains on a paid leave of absence. [LINK]


JURORS DECLINE TO INDICT BOSWELL
The Bryan College Station Eagle
By Matthew Watkins
matthew.watkins@theeagle.com
Published Friday, May 07, 2010 12:04 AM
[Excerpts] A lawyer for suspended Bryan police Sgt. Brett Boswell said he hopes his client is immediately reinstated after a grand jury declined to indict him on family violence charges Thursday. Boswell has been on paid administrative leave since January, when he was charged with assault causing bodily injury to a family member. Prosecutors from the Brazos County Attorney's Office on Thursday presented evidence from the case to a grand jury, which chose to "no bill" Boswell, meaning jurors didn't feel enough evidence was presented to proceed with a trial. "As far as we are concerned, that closes the case," said Brazos County Attorney Rod Anderson... Police Chief Eric Buske said no decision would be made on Boswell's employment status until an internal affairs investigation into the incident at Boswell's Bryan home was complete... The internal affairs case is focused on whether any department policies have been violated, Buske said... She told police that he pushed her into a wall and she fell while trying to get away from him. Boswell said she grabbed him by his shirt, causing him to stumble and her to fall... Lawyers on both sides declined to comment on the evidence presented to the grand jury on Thursday or their view of what happened that night. James previously told The Eagle that his client was treated unfairly because he is a police officer and suggested that the department was overreacting to the case because of criticism it received for its handling of a domestic violence call to the house of former chief Ty Morrow in 2008. In that case, Morrow admitted to handcuffing his wife but wasn't arrested. He resigned seven months later after an extensive investigation into the incident. [Full article here]

SINCE LAST POST:

...After interviewing him and his wife, who filed for divorce Thursday, police concluded that Boswell was the aggressor and that injuries found on his wife were consistent with her version of events...

LAWYER: TREATMENT UNFAIR FOR SERGEANT
The Bryan College Station Eagle
By Michelle Casady
michelle.casady@theeagle.com
Published Sunday, January 31, 2010 12:08 AM
A Bryan police sergeant who was arrested after a family violence call at his home is being treated unfairly, his attorney said Saturday. Jim James is representing Brett Boswell, who has served the Bryan Police Department for 13 years and was placed on paid administrative leave following his arrest Friday. "The fact is if he hadn't been a police officer, based on these facts, he would never have been arrested," James said. "I absolutely don't believe that my client is being treated like any other citizen." Two officers and a sergeant responded to the call at Boswell's home on Spring Lane at 12:44 a.m. Friday. After interviewing him and his wife, who filed for divorce Thursday, police concluded that Boswell was the aggressor and that injuries found on his wife were consistent with her version of events. Her injuries included a red, swollen left-hand impression on her right forearm and an abrasion on her right shoulder blade from falling on the ground, a swollen right middle finger and a red abrasion to the tricep area of her right arm, according to the police report. Boswell had a scrape on the elbow and tricep of his right arm but told police he didn't know how he received the injuries. The swift action taken against Boswell, arresting him and immediately placing him on paid leave, has led some to question why former Chief Ty Morrow wasn't arrested during a family violence call to his home in November 2008. He told police that he handcuffed his wife during an argument that had turned physical. "I think everybody was scared," James said. "This is a reflection of how things were handled with the former chief." Once in jail, James said, the justice of the peace involved would not waive the optional 24-hour holding period for family violence arrests. Boswell spent 36 hours in the Brazos County Jail before posting bail Saturday morning. "You've got a sterling officer who's dedicated his life to serving this community spending all that time in jail because they wouldn't waive the cooling-off period," James said. Boswell's ex-wife, whom he was married to for 10 years prior to his most recent marriage, told James that Boswell was not a violent person, he said. "She said that he never had been physically aggressive at all," he said. James said he will argue that his client should be acquitted of charges and keep his job with the department. [LINK]
[police officer involved domestic violence oidv intimate partner violence (IPV) abuse law enforcement public safety uncooperative recant]

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