Quinlan Fires Gomez, Skurlock

The Quinlan City Council fired two police officers Saturday afternoon at a special meeting.

Officers Richard Gomez and Cpl. Daniel Skurlock were fired when the closed executive session was reopened to the public.

The terminations followed a series of events that began Aug. 28 when Officer Gomez arrested Jake Payne, 19, of Quinlan on a charge of failure to identify. The suspect allegedly escaped from Gomez and was taken into custody the following day by Constable Kent Layton. He was released on bond the next day before additional charges including escape, aggravated assault on a public servant and attempt to take a gun from a police officer were filed by Quinlan officers.

He was arrested again earlier this month by Officers Gomez and Skurlock as well as Jeremy Humphrey. Humphrey’s employment was terminated the following day by City Administrator Billy Green. Green said Humphrey’s employment was terminated for failure to pass tests while he was still in his period of employment probation with the city.

Payne’s mother, Karla Whitehead, appealed Monday night to the city council to fire the officers. She claimed that her son was beaten by the officers when they arrested him the second time at a Campbell motel. She said he thought they were trying to kill him.

At Saturday’s special meeting, Gomez and Skurlock were individually called.

After his turn at talking with the council, Skurlock told The News outside the meeting, "They asked me particular questions about the incidents." He said he was given the opportunity to clarify some of the misinformation.

"I explained to them that the allegations are frivolous," Skurlock said. "There is no proof of what they are saying. It is upsetting friends and relatives that he is about to go to prison."

Skurlock went on to say, "I clarified the allegations of excessive force. They are incorrect. We used the amount of force necessary to affect arrest. His injuries were consistent with resisting and would not have happened if he had complied."

The officer said they took Payne to the hospital after he complained of right wrist pain. He said the handcuffs used to restrain Payne had a locking mechanism that was not safe to double lock at the time of his arrest, and the suspect complained that they were too tight.

Skurlock said there were three other people in the motel room with Payne when he was arrested. He said the officers received information that Payne was at that particular motel. He said they went to the sheriff’s office to pick up a "book-in photo" of the suspect. "We were going to show the motel manager the picture and validate the tip before we knocked on the door," he said, however, no one answered at the motel office.

Skurlock said Payne answered the door when Officer Gomez knocked. "A struggle ensued as Officer Gomez was escorting him to the car," Skurlock said.

He said he remained at the motel door because of the three other people in the room "that were a threat to us." He said he simultaneously watched the room and watched as Gomez took Payne to the patrol vehicle.

Officer Humphreys was stationed at the rear of the motel, because they thought "Mr. Payne would exit behind the building when he found out we were there."

Skurlock said the officers were notified Friday, Sept. 11, between 4 and 4:30 p.m. that they were suspended with pay pending an investigation.

He said that although police brutality was such a hot topic with the news, "The truth of the matter is Mr. Payne was a threat to society and law enforcement and needed to be arrested. He needed to be taken off the street."

Skurlock said, "These allegations are false and his family is looking for retaliation against us and nothing more."

Skurlock began his career at Quinlan two years and three months ago.

Officer Gomez told The News that the first time he arrested the suspect, Aug. 28, he believed Payne "to be on some type of stimulant." He said it was the same at the motel room. Gomez said the difficulty began as soon as they started to step off into the parking lot. He said Payne grabbed his duty belt. "It scared me. It had happened once already."

Gomez referred to the Aug. 28 arrest when Payne allegedly escaped after kicking the officer in the head and attempting to take his gun.

When he attempted the arrest at the motel, Gomez said Payne began thrashing him and spitting. He said he tried to turn him away from his direction. "I didn’t want to go home with anything medicinally that I didn’t have before."

The officer said as far as the injuries Payne received, they were superficial lacerations on his face consistent with rolling around on the ground that was covered with gravel.

He said it took both of the officers most of the time — and the three of them sometimes — to complete the arrest.

"It was a constant fight. It seemed like hours, but in reality, it was minutes just because of the physical exhaustion," Gomez said of the struggle.

He said Payne was handcuffed in the motel room, but he grabbed his duty belt as Payne stepped back toward him and struggled the whole time until leg restraints were placed on him.

The officer said Payne continued to be hostile, and the Quinlan officers called for other officers to meet them at the jail. "He was aggressive, combatant all the way."

Gomez concurred with Skurlock that they were suspended on Friday between 4 and 4:30 p.m. by City Administrator Green.

He said Green told them on Friday, Sept. 18, the day before the special council meeting, that it would be the mutual recommendation of himself and Chief Johnny Thornburg to terminate their employment. Gomez quoted Green as saying "it would be in their best interests due to the possibility of any lawsuit."

Gomez questioned if it would not be an admission on the part of the city if they were terminated.

"I told him (Green) that day that our actions were based on professional judgment and law regarding the use of force," the officer said.

After he emerged from the meeting where he met with the council, Gomez said he was questioned about city policy, force used and whether a taser was used.

He said Payne was "dry stunned and arced, but he was never tased."

The officer said he also told the council that he did not hit Payne with his fist but rather with an open hand and indicated with his hand how police are trained to use the sides of their hands on such occasions.

Gomez also said he did not want to use pepper spray or an expandable baton during the arrest. "The reason we were there was not to punish him but to arrest him."

Payne’s mother mentioned that Gomez wore gloves when she spoke to the council.

When asked by The News if he was wearing gloves, he answered, "We always wear gloves, because it protects us from sharp objects and body fluids. It’s just an added protection for us — not a weapon of any kind." He said they were not all leather but a combination of neoprene and leather.

Gomez went on to say that the officers used extra precaution on Aug. 28 after they were asked if they had a weapon by the helicopter deployed by the Department of Public Safety.

He said that came after a radioed statement from Deputy Wilson who had advised of a previous incident in which "the subject had made threats that he wanted to kill a police officer."

Gomez said the earlier incident to which Payne’s mother referred to happened behind Circle N in Quinlan a couple of years ago.

The officer said he had dealt with Payne before and had extended courtesy to him when the officer had been called to his mother’s house on a domestic dispute call. "I gave him a ride to his brother’s house just to separate the parties. He wasn’t arrested, and she wasn’t. I just wanted to separate the parties."

The council meeting continued about another half hour after both officers returned from questioning.

When the open session resumed, Mayor Sharon Royal asked if anyone had a motion regarding the executive session. Councilman Craig Waters moved to terminate the officers’ employment. Councilwoman Carole Petty seconded the motion. They were joined by Councilwoman Carolyn Strickland in voting for termination. Councilmen Richard Whitehead and Richey Whitehead abstained.

Councilman Richard Whitehead told The News after the meeting that he abstained because his brother was married to Jake Payne’s mother. He said that although he did not think so, some people might construe his vote to be a conflict of interest.

His son, Councilman Richey Whitehead, said his abstention was for the same reason.

Mayor Sharon Royal said, "I think we did a thorough evaluation, and the council took what we felt was the appropriate action."

City Administrator Green said the city had already begun to interview officer candidates since Humphrey had been terminated earlier in the week.

Chief Johnny Thornburg was the only officer left on staff.

Green said the city had talked with other law enforcement agencies about covering emergencies inside the city.

"We’re going to do everything possible to fill the vacancies as fast as possible with quality people," he said.

He said Tuesday that one of the vacancies was filled that morning with the hiring of Gary Gore and said interviewing would continue to fill the other two jobs.

Chief Thornburg’s wife underwent cancer surgery on Monday at Baylor Hospital in Dallas. He said he had split his time between Quinlan and the hospital.

When asked for comment on the terminations, Thornburg said he had "lost two good guys" and said he had not recommended termination.

He said he had been in contact with the sheriff’s office and the West Tawakoni and Hawk Cove Police Departments that had indicated they would do anything to help in the interim.

Payne’s mother, Karla Whitehead, told The News, "I am so glad our city cares about us. I appreciate them investigating it." She expressed fear for the physical condition of her son and said she appreciated prayers of the public.

Payne told The News by telephone from the Hunt County Detention Center on Tuesday that he would not pursue a lawsuit if the charges against him were dropped.

He claimed that the officers injured him during the arrest, especially by being repeatedly hit in the face. He said he was having headaches and pain in the side of his face. Payne said one of his teeth was turned sideways.

When asked why he ran from police at the time of the Aug. 28 arrest, Payne said he was "afraid for my life." He said he was told by Officer Gomez that he "had (expletive) up" and "had (expletive) with the wrong one."