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Four Plano officers face federal lawsuit
By Stephanie Flemmons, Staff Writer
A Driving While Intoxicated arrest has led to the unveiling of what Tray Boswell believes was a “set-up” by four Plano police officers and his ex-wife.
A federal lawsuit was filed against Plano officers Ron Kress, Michael Nunns, Scott Copeland and Jon Britton.
Boswell’s attorney Don Tittle said the lawsuit is in the initial stages and a dollar amount has not been determined.
According to court documents, probable cause did not exist for the detention or arrest of Boswell, nor was he intoxicated at the time.
Boswell claims the four officers and his ex-wife, Sarah Boswell, planned the conspiracy to charge him with a crime, he said he did not commit.
“There is a lot of police misconduct,” Tittle said. “It is beyond outrageous. The Plano Police Department didn’t even bother to conduct an internal investigation.”
During Boswell’s DWI trial, his criminal attorney Phillip Linder, requested the cell phone records from Sarah Boswell. The records indicated that numerous phone calls were made between Sarah Boswell and the police officers over a number of weeks. The calls were initiated by both parties.
Kress, Copeland and Britton claimed they had never met Sarah Boswell despite records showing the calls between the officers’ personal cell phones, both before, during and immediately after Boswell’s arrest.
“It doesn’t take a rocket scientist to figure out what was going on,” Tittle said. “The charge was tried and the district attorney dismissed the case, due to evidence supporting the conspiracy.”
He said Boswell is a musician and his ex-wife knew his routine.
Court records state, at the time Boswell was going through a divorce. There were child custody issues in controversy during the divorce proceeding. Boswel claims his ex-wife used her connection with Nunns to encourage an arrest in an effort to gain leverage against him in their ongoing divorce.
Plano City Attorney Dianne Wetherbee said the officers conducted themselves in an appropriate manner involving the incident.
See LAWSUIT, Page 2A
“We will vigorously defend them,” Wetherbee said.
A few months before Boswell’s DWI arrest, he claims he was illegally detained and then released 30 minutes later.
Court records state Copeland detained Boswell without probable cause and issued two traffic citations. Phone records state on that day, at least four phone calls were made from Sarah Boswell to Copeland, despite their claim of never meeting before.
Boswell has requested a trial by jury, which will take place at the Sherman Division of the Eastern District of Texas.
The Plano Police Department denied comment. Sarah Boswell could not be reached.
The following are comments from the readers.
In no way do they represent the view of Starlocalnews.com
In no way do they represent the view of Starlocalnews.com
Wow wrote on Nov 15, 2007 12:18 PM:
" This doesn't look good for the Plano police. What's sad is when people going through a divorce try to take their child's parent away from them. How selfish is that? Think of your kids! "
Mary Miller wrote on Nov 16, 2007 6:45 AM:
" Is the movie on this page connected to the story or was it mistakenly put in the wrong story? "
no name wrote on Nov 16, 2007 10:24 AM:
" Plano Police are very crooked. I know of many people that have wrongly been affected by them. "
skeptic wrote on Nov 16, 2007 10:50 AM:
" This story sounds very one sided. I bet there is more to this. Have to wait and see what happens in court.
"
Not Surprised wrote on Nov 16, 2007 11:20 AM:
" I had the same thing happen to me and I reported my Plano Police Officer (ex husb) to the Chief of Policeand nothing was done! This does not surprise me. . .and there is an awful lot of things wrong with the Officers that are suppose to be protecting us! How scary and disgusting. "
Figures wrote on Nov 16, 2007 3:46 PM:
" Is this suppose to be something new? The PPD is nothing but a gang that can legally carry a gun. I have been pulled over for doing 37 in a 35 and nothing I said mattered, I fought the ticket and ended up paying more to the courts than I would have for the ticket, but the ticket was thrown out and the Judge wasn't pleased with the cops. Like I said Gand with Guns. "
tina wrote on Nov 16, 2007 3:59 PM:
" Doesn't suprise me - the plano police are more worried about a speeder than catching the real crooks in town. I had my house robbed and my jewlrey stolen and they told me my son did it - then asked me why they didn't take the dvd player and tv...duhhh - $5k in gems they can put in their pocket or a $35 dvd player. They constantly chase the teenagers and one police officer even stalked a young women in my neighborhood, but when they went to complain, the police department talked them out of reporting on the officer. "
anonymous wrote on Nov 16, 2007 5:56 PM:
" This is no shock to anyone who resides in Plano. I was assaulted last year and the arriving officer acted like I had interrupted his evening by calling...even though I was covered in bruises. "
Bara wrote on Nov 16, 2007 11:38 PM:
" They are so LAZY!!! If you're a child molester come to Plano because PD does nothing!! If you report child neglect they do nothing; reporting to CPS requires work!! Watch out for Butch, the female supervisor; she'll run you down in the parking lot. If you need them check the 7-11 and then just try to get them off their tax payer paid cellphones!!! "
anonymous wrote on Nov 18, 2007 10:56 AM:
" Frightening when the people who are supposed to protect you are the ones out to get you! "
Also a skeptic wrote on Nov 19, 2007 3:38 PM:
" This is a one sided story. I find it hard to believe that four officers conspired to "get" this woman's husband. There has to be more to it than that. "
Plano resident wrote on Nov 19, 2007 4:01 PM:
" Plano police must be doing something right--our crime rate is low.
The allegations that some of the commenters are making are 180 degrees contrary to my experience. "
YOWZAA wrote on Nov 19, 2007 4:24 PM:
" Sounds like the cops are having a tough time keeping their pants on. Hope she was worth it. "
Dan wrote on Nov 19, 2007 4:25 PM:
" Cant say I have seen or heard any problems with the Plano police. Compared to other cities and counties around the DFW metro they are by far one of the better PDs (as a student I have lived in both Dallas, Richardson, Denton & Lewisville). This story though, however one sided seems to point to some serious misconduct. I dont think its fair however to judge Planos entire police department based on a few officers behavoir. Granted that they do seem to spend most time catching speeding drivers, but whos going to be the first to complain if a child gets hit if the PD isnt as concerned with speeding as it is right now...?! "
skeptic wrote on Nov 20, 2007 7:34 PM:
" there are always two sides to a story - would be curious to hear what the PO's have to say. don't rush to judgement people. why would the Plano city atty "vigorously defend" the PO's if they were obviously guilty? something doesn't add up. . . "
Citizen wrote on Nov 22, 2007 12:51 AM:
" Evidentally the Plano police won't speak on this issue. It says in the article they denied comment. So did the ex-wife. In order to get other perspectives I think they need to step up and speak. Why are they being so tight lipped? "
Former Planoite wrote on Nov 23, 2007 6:19 AM:
" Sounds a bit one sided,but if we think about it, the bad guys now have more rights than law enforcement. We complain because PD does nothing, but they have to abide by the rules. It's sad that what sounds like a disgruntled EX wants to blame the police for his problems. I imagine everyone arrested claims they shouldn't have been. We should thank the PD for the job they do. "
Hebron Hippie wrote on Nov 26, 2007 3:59 PM:
" What a train wreck these Boswell's must be and I can only hope that they didn't have any children. The cops are saying they didn't know the ex but there are calls to there personal cell phones. How stupid are these cops and the ex?
It does sound one-sided but even if the husband was drunk there is no question he was set up. His ex and the cops should be thrown in jail and if there are kids involved they should be taken away by CPS right away. "
It will never change! wrote on Nov 28, 2007 8:26 AM:
" I am not surprised at all! All the years that I have spent in Plano I see things everyday! The Plano PD is just out to get you!!!! They never are around when you need them unless you at 7-11 or in a parking lot! Or you can always find them following someone for no reason trying to catch them doing something wrong! I have only had bad experiences with them, my personal experience is that if you are not driving a BMW or Lexus, ect... they will find you! Maybe that's why my family members never fufilled their dream of becoming a police offcier because of the things we had to experience as a family from the Plano PD! They are liars, cheaters, and are good for nothing! If I was every in trouble and needed help they would be the last person I would call! "
Uh Huh wrote on Nov 28, 2007 8:32 AM:
" Well if there are cell phone records between the officers and the ex-wife for over a couple of weeks...and they both claim that it didn't occur that is suspicious to me. Takes an awful lot of hacking to doctor up some phone records. "
HMMMM wrote on Nov 28, 2007 8:47 AM:
" The officers in question say they don't know the ex-wife, but numerous phone records suggest otherwise. In court that would be called perjury and is a criminal offense. And when multiple people are involved, it might even be construed as organized crime. Let's watch to see if this story gets buried...... "
marilyn wise wrote on Nov 28, 2007 10:24 AM:
" plano police dont care.... u do see them at 7-11 alot or dickeys bbq,on 14th street they probably get 50 percent off on their meals. 2 years ago i was standing outside of my car at some fast food restaurant parking lot talking to 3 spanish guys that cut my grandma lawn every weekend and somebody in the restaurant called the police and told them that it look like i was a prostute trying to pick up some mexican for sex. remember i was dressed fine. i had shorts, saddles and a shirt on that covered everything. they followed me to my apts and search my camaro and told me that they are looking for a white lady that is going around having sex with mexicans and not using condoms on the eastside of plano and that she has aids. i guess plano police think only white people have sex with mexicans ...plano police should know who she is because a friend of my daughter who had a baby with a plano police officers, he meet her by pulling her over, all i have to say is he is mexican himself.. do i need to say anymore and her name is nicole... "
SHADY DOINGS wrote on Nov 28, 2007 12:37 PM:
" "Also a skeptic" has there head buried in the sand! Abuses by those in Authority happens everyday, especially if something is in it for them. Many men
have been corrupted in seeking favors
from women. Why cant these supposedly shining knights to the rescue,
just be thugs looking to gain favor with a woman seeking to exploit all they can offer. the phone records evidently point out they lied. Trust me not all officers of Plano PD are good! Uniforms dont make them good! The DA must support so not to pay Big Bucks!
seeing her ex squirm.
"
everyone is... wrote on Nov 28, 2007 1:23 PM:
" i think that you all need to calm down on the criticism and open your eyes to what the officers actually do. they put their lives in danger to protect this city. even though the officers did not comment, until you know their side of the story, you all need to calm down. just because you got a speeding ticket doesnt mean that they are out to get you. show some respect to those who serve and protect you. next time you are in trouble, dont call the police. afterall, they wont "do" anything... "
Prettylady37 wrote on Nov 28, 2007 2:16 PM:
" Plano PD is the most crooked department in Plano. They are prejudice and have nothing better to do than to sit in front of your home (parked) or stopping children that are walking in a group so heaven forbid if you have more than 2 children that walk to school together. This department certainly need to be invesigated but just like anything that has to do with them will be swept under the rug!!!!! "
everyone is... wrote on Nov 28, 2007 2:55 PM:
" i think that you all need to calm down on the criticism and open your eyes to what the officers actually do. they put their lives in danger to protect this city. even though the officers did not comment, until you know their side of the story, you all need to calm down. just because you got a speeding ticket doesnt mean that they are out to get you. show some respect to those who serve and protect you. next time you are in trouble, dont call the police. afterall, they wont "do" anything... "
Kelly wrote on Nov 29, 2007 9:07 AM:
" Yes being a police officer anywhere is hard work but not in Plano. Our crime rate is not like that in Dallas. One other person said it before. The teenagers in Plano and speeders are all they focus on. Murder, assault all of that doesn't matter to them until after the fact. And I know first hand my husband was murdered in Plano and the guy that shot him had committed alot of crimes before. "
Robert wrote on Nov 29, 2007 10:03 AM:
" Much respect for Civil servants in our community. There is already a mistrust for Police and this does not help one bit . I thought that in Plano the Police go through rigorous psychological testing before being let on the force? So in this case their are 4 officers involved in a Federal lawsuit, no internal investigation, and in other words these officers have a "carte blanche" to do what the deem fit in their duties?!!! Now that is scary. So if the department gets sued millions..."then they deserve that monetary punch in the groin".
"
an old friend wrote on Nov 29, 2007 10:58 AM:
" I have known both the ex and Tray for years. Both had their issues, when they were married and divorced. However one thing that has always been a constant is the instability of the mother. She is a good looking woman and has used that since day one to get what she wanted. I have watched this case and continue to hope that for those kids, she will be caught and controlled. This is just what happens before one spouse completely loses it and does something crazy - If I were Tray, I would be watching to see what her next move is and be prepared. "
Outraged wrote on Nov 29, 2007 7:35 PM:
" I am not surprised by this story. Cops are people too. I am glad the story was published because it finally makes "public" what was already known by many, the cops here are the reason why police are called "pigs". They are greedy and selfish. Plano PD is among the highest paid PD in Texas. No surprise there either. I paid $155 for "running a stop sign" after making a complete stop! "
J Hall wrote on Nov 30, 2007 1:39 AM:
" When Dallas county was having computer issues which was reported in the news, I had a simple traffic case that was dropped, but showed up as a warrant. This happens all the time. I was pulled for speeding and plano pd treated me like an animal, was extremely rude, didn't want to hear anything I had to say, impounded my car and locked me up. This was not just one officer but several. "
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