Texas prosecutors admitted they can’t prove their contempt of cop case “BARD” against PINAC correspondent David Warden, who recorded video near a Shell Oil Refinery on the outskirts of Houston.
In other words, state attorneys had no way to prove that David Warden interfered with public duties of an officer last December, as charged, because BARD stands for ‘beyond a reasonable doubt,’ and officers couldn’t conceive of a single illegal thing Warden did while recording near the oil refinery as you can see in the legal document below.
“That’s right folks, all charges dropped,” said the Texas PINAC correspondent who runs the [**News Now Houston**](https://www.youtube.com/channel/UC39jLNl2UpxDeYVYCToA56A) channel on YouTube, “Now, we’ve just got to get Phillip [Turner] taken care of.”
Because, photography is not a crime.
The Houston Chronicle’s [**coverage of the Warden’s arrest**](http://www.chron.com/about/article/Two-men-arrested-at-Shell-refinery-6703581.php) paints this as yet another violation of the infamous Terry vs. Ohio decision, which allows police to “stop and identify” someone they suspect of a crime if they can articulate reasonable suspicion of a crime.
Texas doesn’t even have one of those laws, which is also known as “stop and frisk.”
Warden – whose given name is Earl David Worden – had been harassed by Deer Park Police only the day before while recording in that spot.
The following day, Harris County Sheriffs deputies arrested him for failure to identify himself.
Harris County Sheriffs released a statement calling it an, “[**immediate and decisive**](https://local.nixle.com/alert/5548955/?sub_id=1000000415)” response, but it’s unclear what law, if any they were seeking to enforce, besides censorship of the free press.
PINAC’s [**Phillip Turner rushed to Houston**](http://photographyisnotacrime.com/2015/12/16/texas-deputy-arrests-pinac-correspondent-for-video-recording-shell-refinery-from-public-right-of-way/) to repeat the experiment, and document that Warden was truly recording on public property, and was promptly [**arrested too**](http://photographyisnotacrime.com/2015/12/16/texas-deputy-arrests-pinac-correspondent-for-video-recording-shell-refinery-from-public-right-of-way/), his incident being live streamed on social media via Periscope.
Turner’s YouTube channel [**The Battousai**](https://www.youtube.com/channel/UC39jLNl2UpxDeYVYCToA56A) also has reports on this incident and more.
As the [**Houston Chronicle correctly noted**](http://www.chron.com/news/houston-texas/houston/article/PINAC-arrest-Shell-oil-Battousai-first-amendment-6705155.php), Turner had no obligation to self-identify to Harris County deputy Joe Garza, since he wasn’t under arrest, and the officer’s own dispatch told him that trespassing wouldn’t stick since the arrest happened on a public street.
Turner’s charges are still pending.
But likely not for long, like [**charges dropped against Phillip Turner**](http://photographyisnotacrime.com/2015/11/11/charges-dropped-against-pinac-correspondent-arrested-for-video-recording-police-memorial-in-texas/) in Galveston, Texas for recording a police memorial, resulting in an [**award-winning Galveston cop’s arrest**](http://photographyisnotacrime.com/2016/02/23/award-winning-texas-cop-indicted-for-unlawfully-searching-pinac-correspondents-car-while-he-was-incarcerated-for-recording/) for his illegal search that violated Turner’s 4th Amendment rights.
Shell Oil’s refinery is a constant source of news, beginning with layoffs happening around the time Warden was arrested, and continuing to [**gasoline leaks which recently caused the plant to shut down**](http://www.nasdaq.com/article/shell-reports-leak-at-gasoline-unit-of-deer-park-refinery-20160318-00212).
But that didn’t stop deputies from arresting the photo journalist, for lawfully recording the place, which could blow up literally any minute, if the Dutch multi-national company’s engineers make the kind of mistake [**Phillips’ Houston-area refinery operations made in 1989**](https://en.wikipedia.org/wiki/Phillips_disaster_of_1989).
Warden was standing on a public sidewalk when Harris County Sheriff’s deputy rolled up and began questioning him.
The PINAC correspondent refused to answer questions, as is his 5th Amendment right.
That’s when the Houston deputies violated Warden’s 1st Amendment right to record and placed him under arrest.
Anyone who cop watches should watch the 2nd video for David’s sound tips, but also always remember to record horizontally
Of course the Sheriff might be too busy to see Warden, since his department is [**working hard to investigate his tragically slain HCSO deputy Darren Goforth**](http://photographyisnotacrime.com/2015/10/24/texas-homicide-investigator-fired-for-having-sex-with-mistress-of-slain-deputy-who-witnessed-his-murder/) All that Hickman’s office has learned in six months of investigation is a that there’s a [**major sex scandal in Houston’s largest police agency**](http://photographyisnotacrime.com/2016/02/11/slain-houston-deputys-mistress-had-affair-with-additional-two-possibly-three-deputies/), as his deputies clamor over each other to sleep with the same exact woman with whom the sadly departed Goforth was cheating on his wife.
“It’s a good day. I am now on my way to Sheriff Ron Hickman’s office to get my apology,” said Warden in a video uploaded to the PINAC newsroom, “Updates on my [**[YouTube] channel**](https://www.youtube.com/channel/UC39jLNl2UpxDeYVYCToA56A) shortly.”
PINAC readers who wish to place their own requests for an apology to the wrongly arrested Warden should dial Hickman directly at 713-755-6044.