Police Get The Wrong House In Galveston, Allegedly Assault 12-Year-Old Girl


*It was a little before 8 at night when the breaker went out at Emily Milburn’s home in Galveston. She was busy preparing her children for school the next day, so she asked her ** 12-year-old daughter, Dymond, *** to pop outside and turn the switch back on.

As Dymond headed toward the breaker, a blue van drove up and ** three men jumped out rushing toward her. ** One of them grabbed her saying, ** “You’re a prostitute. You’re coming with me.” **

Dymond grabbed onto a tree and started screaming, “Daddy, Daddy, Daddy.” One of the men covered her mouth. Two of the men ** beat her about the face and throat. **

As it turned out, the three men were plain-clothed Galveston ** police officers ** who had been called to the area regarding three ** white ** prostitutes soliciting a white man and a black drug dealer.

All this is according to a lawsuit filed in Galveston federal court by Milburn against the officers. The lawsuit alleges that the officers thought Dymond, an ** African-American, ** was a hooker due to the “tight shorts” she was wearing, ** despite not fitting the racial description** of any of the female suspects. The police went to ** the wrong house, ** two blocks away from the area of the reported illegal activity, Milburn’s attorney, Anthony Griffin, tells Hair Balls.

After the incident, Dymond was hospitalized and suffered black eyes as well as throat and ear drum injuries.

Three weeks later, according to the lawsuit, ** police went to Dymond’s school, ** where she was an honor student, and ** arrested her for assaulting a public servant **. Griffin says the allegations stem from ** when Dymond fought back against the three men who were trying to take her from her home. ** The case went to trial, but the judge declared it a mistrial on the first day, says Griffin. The new trial is set for February.

“I think we’ll be okay,” says Griffin. “I don’t think a jury will find a 12-year-old girl guilty who’s just sitting outside her house. Any 12-year-old attacked by three men and told that she’s a prostitute is going to scream and yell for Daddy and hit back and do whatever she can. She’s scared to death.”

Since the incident more than two years ago, Dymond regularly suffers nightmares in which police officers are raping and beating her and cutting off her fingers, according to the lawsuit.
Griffin says he expects to enter mediation with the officers in early 2009 to resolve the lawsuit.

We’ve got calls in to the officers’ lawyer; we’ll let you know if we hear something.

Update: This is from the officers’ lawyer, William Helfand:
** Both the daughter and the father were arrested for assaulting a peace officer. ** “The father basically attacked police officers as they were trying to take the daughter into custody after she ran off.”

Also, “The city has investigated the matter and found that the conduct of the police officers was appropriate under the circumstances,” Helfand says. “It’s unfortunate that sometimes police officers have to use force against people who are using force against them. And the evidence will show that both these folks violated the law and forcefully resisted arrest.”

Source: blogs.houstonpress.com/hairballs/2008/12/galveston_false_arrest.php

From the article:

***Both the daughter and the father were arrested for assaulting a peace officer. ***

**“The father basically attacked police officers as they were trying to take the daughter into custody after she ran off.”

To be honest, if it was me and I saw 3 men in plain clothes taking my child away at night, I would have shot them dead where they stood. Kudos to the father for protecting his daughter and God bless that family. *

I wonder what would have happened if fathr had a gun & used it.

At least from what I read in this article, the men did not present themselves as cops + faulty arrest? Isn’t that… illegal & punishable by law?

They might have shot back if they were fast enough; if the father was a very good shot he might have gotten all 3 of them. Either way, he would have been charged with 1st Degree murder if would have been able to kill any of them.

The states you have a right to resist unlawful arrest and can use deadly force. See these 3 ground breaking cases:

Runyan v. State, 57 Ind. 80
Miller v. State, 74 Ind. 1
Jones v. State, 26 Tex. App. I
Beaverts v. State, 4 Tex. App. 1 75
Skidmore v. State, 43 Tex. 93, 903

State v. Robinson, 145 ME. 77, 72 ATL. 260

This is a nightmare! But why hasn’t the mainstream media picked up on the story?

Wow. This is incredibly sad. I think I would have attacked the police officers if three plain clothed men started taking my daughter (I don’t actually have children but this is just a hypothetical) away. And if I was that daughter, I probably would have been attacking the officers as well. May justice be served in this case and in all criminal cases.

Maybe the we can’t believe everything on the internet, or what lawyers tell us, just like we can’t believe everything police do is all innocent.

I noticed the blog “reporter” completely missed the fact that the brief (which was filed in August 2008) was filed two years after the incident. One would also think that if the the police were so totally in the wrong and attorney would have sued a wee bit quicker. Best to let the facts come out rather than listen to one side of a story. The blogger only wrote a narrative of the facts in the brief that was filed.

The police were two blocks away from the actual stake out they were supposed to be at and the girl wasn’t even the right race of who they were supposed to be arresting.

The reason for the lawsuit so late is that they have been fighting her arrest. The case isn’t even done yet as far as I can tell. The judge declared a mistrial last time after ONE day.

The police also say that three men without identification can drag a 12 year old girl into a plain van at 8pm and not have anyone ‘worry’ about it. Isn’t this exactly what we TELL children to do? Don’t go into a vehicle with strangers? Just because they SAY they’re a cop doesn’t even mean they’re real cops. The cops are lucky they didn’t get shot in the back.

Where did you find your info? I tried searching everywhere for a news report. All I found was the brief and a few blogs. Got a link?

Try googling “12 yr old galveston”

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