A Harris County Sheriff deputy has been placed on paid administrative duty and an internal investigation launched to determine, if Deputy Hoang violated any department policy or laws when arresting a 27-year-old man for video recording him on private property.
By H. Nelson Goodson
December 6, 2014
Houston, Texas - On Friday, the Harris County Sheriff's Office (HCSO) confirmed that Deputy Hoang has been placed on paid administrative duty and an internal investigation has been initiated to determine, if Hoang violated department policy or law when he arrested a man for video recording him while on duty. The victim spent nine hours in jail and was later released when a judge found no probable cause to hold him. The victim, Michael Gardner, 27, has hired a civil rights lawyer and is expected to file a lawsuit against Deputy Hoang and the HCSO within days.
Last Tuesday, Gardner of Pinehurst was taken into custody for refusing to stop video recording Harris County Sheriff Deputy Hoang while investigating a domestic dispute call at a private property where Gardner worked. Gardner was later released from jail after a judge found no probable cause of breaking any law. It seems that Deputy Hoang violated Gardner's right to video record an officer while doing his job. The U.S. Supreme Court has ruled that citizens can video record officers while doing there jobs, but in this case, Deputy Hoang is unaware that he can be video recorded on duty. Has the Harris County Sheriff's Office notified its deputies that citizens can actually video record them while on duty? Apparently not! The HCSO is saying that in some instances a deputy can use discretion not to be filmed, but in this case Hoang will most likely be found to have violated Gardner's right to record him while on duty.
Gardner posted his video of the confrontation with Deputy Hoang on his Facebook account and wrote that Deputy Hoang told him to stop recording and to leave the property. A man that Deputy Hoang went to talk too, told Gardner to "listen to the officer." Gardner says, the man lived at the property, but he is not the owner who gave him permission to be in the property to do some work.
Deputy Hoang can be seen on the video confronting Gardner and trying to take the cell away. Hoang arrested Gardner, handcuffed him and placed him in the back seat of the squad vehicle and didn't even get strapped with the seat belt. Gardner says, Deputy Hoang was driving over the speed limit, texting on his cell and was endangering his life.
Video of arrest: http://bit.ly/1G0u2HW
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