Frisco DWI Lawyer & Attorney Blog
In an interesting development in Plano DWI news, it appears that four officers are now on trial for THEIR misconduct…
Four Plano officers face federal lawsuit
By Stephanie Flemmons, Staff WriterA 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.
On Oct. 18, 2006, Boswell was arrested and charged with a DWI by Kress and other police officers.
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.
“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