Police Officers found Guilty by a Jury of Tampering with a Governmental Record and sentenced to 1 Year in Jail.
On August 9, 2019, in the 221st District Court of Montgomery County, Texas, former Willis officers, Kenneth Elmore, and John McCaffery were each found guilty by a jury of two felony Tampering with a Governmental Record case and both were sentenced to 1 year in jail. The Honorable Lisa Michalk presided. Due to the type of offense and the felony conviction, the Defendants TCOLE license (police officer license) will also be surrendered.
During the course of the trial, District Attorney Brett Ligon and Chief Prosecutor Darla Faulkner presented evidence that on July 29, 2017, the Defendants, police officers with Willis Police Department, wrongfully tased a man (Mr. Kedric Kizzie), charged him with a crime he didn’t commit, and then lied to cover up their illegal conduct. Although the entire incident was video recorded, the officers lied to the DA’s Office and then proceeded to lie further in important government reports, specifically the Arrest Report, Incident Report and the Use of Force Report by supporting the illegal charge with false statements. Those government reports were relied upon by the District Attorney’s Office and by the Magistrate to find probable cause for the charge, which caused Mr. Kizzie to face the potential of 1 year in jail for a crime he did not commit. The lies were brought to light in late December 2017, prompting the dismissal of the evading charge and an investigation into the Defendants by Texas Ranger Derek Leitner. The Defendants were each indicted by a Grand Jury in June of 2018 for two State Jail Felony Tampering with Governmental Record cases and two Class ‘A’ Misdemeanor Official Oppression cases.
District Attorney Brett Ligon: “These Defendants disregarded their oaths to protect, to serve and to tell the truth. They attacked Kedric Kizzie, charged him with a crime he didn’t commit and lied to cover it up. This jury saw through their lies and convicted these Defendants and in doing so protected the community by preventing them from being police officers. Justice was served for Mr. Kizzie, the community, and to all of the many good and honorable law enforcement officers in Montgomery County.”