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Waco's Dunnam draws law enforcement group's ire for killing bill that would have upped penalties for those who flee police



Tuesday, May 05, 2009

A state organization for law enforcement officers is outraged at state Rep. Jim Dunnam, of Waco, after the Democratic leader killed a bill named in honor of a fallen police officer while her widower watched from the House gallery.

The Combined Law Enforcement Associations of Texas blasted Dunnam for objecting to HB 2873, which would raise the penalty for evading arrest on foot to a felony from a Class B misdemeanor if it is the second time an individual is faced with the charge.

The bill would have been named in honor of Ann Lynn Donovan, an Austin police officer who was struck by a car and killed in 2004 while chasing a suspect on foot. The suspect had been charged with evading arrest several times and has since completed a four-year sentence on a felony drug charge from the incident, CLEAT officials said.

Rep. Jim Dunnam, D-Waco, is under fire from some law enforcement advocates for killing a bill that would have toughened penalties for evading arrest on foot. (Associated Press photo, file)


Dunnam raised a point of order on the bill Saturday on the grounds that legislative analysis presented by the Committee on Criminal Jurisprudence was incorrect. The move prevented the bill from being debated by the House and sent it back to committee for revisions.

Charley Wilkison, CLEAT legislative director, said Dunnam should have withdrawn the point of order out of respect for Donovan’s widower and family and found another way to kill the bill. Donovan’s widower, Jerry Donovan, was visibly shaken by the motion, he said.

“The guy is a world-famous legislative strategist,” Wilkison said. “He took 50 Democrats on a Greyhound bus in the middle of the night to Oklahoma and shut down the damn government. He knows how to kill a bill — he knows the nice way, and he knows the ugly way. So it was an insult, it was a slap in the face.”

Dunnam said he stands by his objection because he feels that the punishments in the bill are too severe. The bill would have allowed suspects who evade arrest to be charged with a felony based on whatever crime police suspected they had committed, even if it later was proved that the suspect had not committed the offense. A man running from a bar where someone was killed in a fight could be charged with a first-degree felony, even if he had no involvement in the incident, if police suspected he was evading arrest for the homicide, he said.

“I just think that’s going way too far (in changing the penalties),” Dunnam said. “I don’t think a kid running on foot evading a shoplifting charge should be convicted of a felony.”

Dunnam added that state law already mandates a second-degree felony for evading arrest if an officer is killed during pursuit. That law could have been applied in Donovan’s case, but the district attorney did not seek that conviction, he said.

Dunnam said he was not aware that Donovan’s widower was in the gallery at the time he issued the point of order. He said it was after he made the objection that it was announced that the bill would have been named in honor of Donovan.

Wilkison said CLEAT members spoke with Dunnam’s staff Saturday before the House convened to alert the lawmaker that the bill was to be named for Donovan and that her widower would be in the gallery. Dunnam’s chief of staff, Jenny Casey, said she did not recall having that meeting.

“He has voted with us on labor issues and on issues for working conditions, and we thought he was a friend,” Wilkison said. “We thought that since we went in advance and told his staff about the bill, that we would surely get a heads-up if he was going to do something this extraordinary.”

Dunnam said early Monday that he had not spoken with members from CLEAT, but he stands by his objection. He would not say whether he would issue an apology, as the organization demanded.

Wilkison called Dunnam’s action “senseless,” especially since over the weekend CLEAT kicked off a series of programs honoring police officers who had been killed on duty.

“This is not about political strategy, for us it’s about life and death, and so many officers have lost their lives in evading arrest situations,” Wilkison said. “This was just the wrong thing to do and the wrong weekend to do it.”

rdennis@wacotrib.com

757-5755

Comments

By John S.

May 6, 2009 1:41 PM | Link to this

This decision of his doesn't surprise me in the least, I've been fighting his seeming lack concern for children's rights in the courtroom: www.wacocourtblog.com(http://www.wacocourtblog.com/2009/03/open-letter-to-jim-dunnam/)...

By in case you forgot

May 6, 2009 9:29 AM | Link to this

For those who forgot that officer was killed by her own partner who was driving the car. Also it is B.S. that cleat or anyone makes statements like "we thought we had a friend" Every issue differs and for big buisnesses and lobbyist as it now seems to me "cleat" are to believe they have a "friend" who will just decide in there favor is outrageous. It goes against the very basic principles of our beliefs of freedom. When will anyone realize that one in ten Texans are on probation, parole or have a record? We do not attempt to rehabilatate our offenders we only warehouse them because of the prison industry being big buisness. Running on foot has no buisness being a felony ever. Laws like this which create felonys also create an unworkable workforce because of criminal records and this leads to a higher rate of recidivism. Of course this is what the big buisness lobby for and the private companys like civigenics love but for those of you who pay taxes be wary of bills which create new felonys for previous misdeamenors you are not getting your moneys worth. What next a cop pulls you over to give you a ticket another driver then strikes said officer in an accident killing them and you are charged with felony for speeding which led to the stop? Sound paranoid- maybe a little. BAhhhhh sheep!

By TX Cop

May 6, 2009 3:25 AM | Link to this

You people bash cops but who do you call when you need help? Cops! Cops attempt to keep you safe, recover things stolen from you or any other way they are able to help you. Cops enforce the laws that are created by the same lawyers that you hire to defend you. Legistators are Lawyers see the whole pictures? Lawyers make the laws, Cops arrest you and the Lawyers are there to save you. Who should be getting bashed?

By Am Cop

May 6, 2009 12:54 AM | Link to this

I-COP do you really think before you speak, because you never seem to have your facts straight when you do and you always want to make a race issue when there isn't one?

This law would only have an effect on people who have a preivous charge of evading arrest. These aren't people who committed there first crime and ran because they were scared, these are people who ahve already committed a crime and run once.

I lost a lot of respect for Jim in killing this bill.

By CC

May 5, 2009 9:43 PM | Link to this

Ignorant people make ignorant statements. I see many people posting here have no idea what they are talking about.

Dunnam has obviously never put his life on the line for the public's sake. Most cops have no idea what they are getting into when they become cops. Putting your life on the line for the safety of the public is just pretty darn heroic but most cops don't know how dangerous it actually is when they get hired. Obviously most everyone posting here don't know either.

By qzy

May 5, 2009 8:31 PM | Link to this

I know that Police officers have hazzardous jobs, they knew what it was going to be like when they entered the field, but why do they should get special rank when they get abused during the course of their jobs? Good grief, I get punched, kicked, spit at, bit, threatened, and cursed every single day. I'm a nurse. I don't think police officers are one bit more heroic than me, and yet there are no special bills introduced to provide special prosecution for those that abuse me.

By I- COP

May 5, 2009 8:11 PM | Link to this

I support Jim Dunnams decision-

You don't give COPS this kind of power-

INNOCENT PEOPLE BEING CHARGED WITH A FELONY-

BELIEVE IT OR NOT, SOME PEOPLE ACTUALLY HAVE DONE NOTHING WRONG- THEY ARE GENUINELY SCARED AND RUN FROM THE COPS-


AND THIS LAW WOULD DISPROPORTIONATELY AFFECT AFRICAN AMERICAN MALES THAT RUN FROM THE COPS- SO IF THEY HAVE COMMITTED A MISDEMEANOR CRIME, THIS AUTOMATICALLY BUMPS UP WHATEVER THEY HAVE DONE TO A FELONY-

WHITE MALES WOULD GET NAILED WITH THIS TOO-



By Masison CO/Glades H

May 5, 2009 6:08 PM | Link to this

I agree with Fall County he is very rude, we never see him around here in Falls. To call his office is a long distinct call and of you leave a message no one over calls back. The only time I heard from him is when he wants money. I went to the State Capital a few weeks ago with a group friends and they told me in his office he was out of town on business. We went in to watch the house and who I see on the floor with jeans talking on his cell phone is Jim Dunnam. I was so mad I could spit. I am 80 years old and have lived here all my life and now many people in Madison and Leon CO and I will pass long what he now has done this past year not working for us again. Do us a favor Jim Dunnam and just do your law stuff and resign.

By Joe

May 5, 2009 5:36 PM | Link to this

Dont keep Electing Democrats, or more of this nonsense will keep happening. Remember, criminals love wearing democratic leaders on their T-shirts these days.

By Jim L

May 5, 2009 5:24 PM | Link to this

When is Dunnam going to live in the district he is representing. He can't even vote for himself during the election and he is making laws in Austin for who? Maybe he was hitting the bottle again when he called the point of order. O by the way I am a Demarcate and proud of it.

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