GLADEWATER, TEXAS
A Gladewater police officer, accused of threatening a reporter working on a story about a June 2005 fatal shooting involving the officer, was fired this week.
According to a press release from the city of Gladewater, Officer Bryan Naismith, who was off duty at the time of the incident, was fired effective Tuesday.
Attempts to reach Naismith, who was placed on administrative leave following the complaint, were unsuccessful Wednesday, according to the Associated Press.
Dallas Morning News reporter Dave Michaels filed a complaint in March with the Upshur County Sheriff’s Office about the incident.
The city states in its release that “We believed then that the investigation would be completed in a fairly short period of time. Accordingly, Officer Naismith was placed on paid administrative leave pending the outcome of the investigation.”
The Upshur County District Attorney’s Office referred the case to the Texas Attorney General’s Office, but, the city states, it is not clear whether that office will investigate the matter.
It is also not clear what the District Attorney’s Office would do if the Attorney General’s Office does not get involved.
“Therefore, the investigation is not going quickly, and as everyone realizes, we cannot put off indefinitely a decision regarding Officer Naismith’s employment status,” according to the city’s statement.
“We are aware that some of Officer Naismith’s conduct in the episode with Mr. Michaels violated department policies,” the statement reads. “Though we can understand the strain that Officer Naismith has been under, this does not excuse a police officer’s violation of the rules, even when off duty.”
In the complaint filed with the sheriff’s office, Michaels said he was visiting the officer’s home when Naismith drove up behind him, bumped his car and jumped out with a gun.
After Naismith demanded to know Michaels’ identity and ordered him out of the car, Naismith lowered his gun and cursed Michaels before letting him go, according to the complaint, which has been referred to the Texas Attorney General’s office.
Michaels had been working on a story about a June 2005 hit-and-run accident in which Naismith fatally shot a motorist after the driver allegedly tried to run him over.
A grand jury in January declined to indict Naismith in the shooting death of Jonathan King.
The city stated in its release that the decision to terminate Naismith “was based strictly on what was learned about the incident with Mr. Michaels and the uncertainty regarding completion of the investigation of the incident by other agencies.”
Since the incident is still under investigation, the city will not comment further on the issue, according to the statement.
In March, after the alleged incident with the reporter, members of the Concerned Citizens Committee (CCC), attended a City Council meeting and demanded the “immediate and permanent disassociation” of Naismith from the department.
“We would invite this council and all other public leaders and officials to join with us in our resolve to elicit a full and complete truth concerning the death of Jonathan King,” Benny Johnson, CCC spokesman, said as he read a resolution in March.
City Manager Jay Stokes said at that time that he was “not at liberty to discuss any action about Mr. Naismith or the shooting of Mr. King.” He said there was a threat of litigation and he was under the directive of attorneys and mandate from the City Council to not discuss it.
The council took no action on the group’s request.
In May, the CCC returned to the council to further outline concerns about the police department, including the recruitment and hiring of police officers, the treatment of citizens by officers as well as other issues.
On Wednesday night, when called for comment about Naismith’s termination, Benny Johnson said the CCC did not have a comment right now, but followed that by saying that, “We feel it is a step in the right direction.”
While not an official CCC comment, he said, some people he has talked with are raising questions about the timing and reasoning behind the firing.
Johnson added that the group’s quest for changes in the police department will not end with the officer’s firing.
“There are still a lot of things CCC has asked for and things that need to be done … ,” Johnson said. “We will still be … as busy as ever.”