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Oct 31, 2009 9:05 pm US/Central
Accused Trooper Retires Before Being Fired By DPS
Arezow Doost
DALLAS (CBS 11 / TXA 21) ―
A Texas Department of Public Safety Trooper retires after being accused of excessive force.
Trooper Arturo Perez was arresting a woman for DWI when she says he snapped and hurt her.
Whitney Fox was driving on the Dallas North Tollway near the Lemmon Avenue exit when it all happened about 3 weeks ago.
"I've been a felony prosecutor - I've been State District Judge - I've been in private practice in all the years I've been doing this I have never seen anything this bad," says Fox's attorney Randy Isenberg.
Isenberg is talking about the dash cam video from Perez's squad car, which hasn't been released yet.
The 22-year-old from Plano called for help just before 3 a.m. on October 10 after she crashed into the wall along the Tollway.
Isenberg says Fox suffered minor injuries when her airbag deployed.
He says she was trying to tell Perez that her friend grabbed the wheel and caused the crash, but he wouldn't listen and instead handcuffed her for drunk driving.
Isenberg says Perez then slammed her against the wall. "He picked her up off the ground threw her head into a concrete wall and split open her chin."
Fox had to be treated for a deep gash in her chin, she also had cuts on her knees. She's had two surgeries so far.
Perez has told investigators she resisted and was not cooperating, Isenberg insists that was not the case.
"This could be your child, your daughter, your wife, your mother, your girlfriend, your sister this is not supposed to happen," says Isenberg.
The Department of Public Safety says they were in the process of firing Perez, but he retired.
In a statement DPS Director Steven McGraw says "Our Troopers receive the best instruction available in the world on use of force issues, and we do not tolerate behavior that so clearly contradicts that training as evident in this instance," McCraw said. "Ultimately, it is my obligation to remove from duty any employee who cannot perform consistent with our training, standards and mission to provide public safety."
Texas Rangers are now investigating.
According to DPS, excessive force during an arrest can result in criminal charges for official oppression under the Texas Penal Code.
CBS 11 News did reach someone by phone at Perez's home who said they had no comment.
Perez joined DPS in 2006 and previously worked for the Texas Department of Criminal Justice for about 16 years.
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